Town of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[Comes from L.L. No. 62-1971, adopted 7-27-1971, effective 7-30-1971[1]]
[1]
Editor’s Note: This local law repealed former Part 1, General Provisions, adopted 4-24-1951 by Ord. No. 29, effective 4-24-1951, as amended, which repealed ordinance adopted 6-8-1937, effective 6-8-1937.
Unless otherwise expressly provided, the following words, for the purpose of this article, shall bear the meaning herein indicated:
ADULT
A person 18 years of age or older.
COMMISSIONER (formerly the Director, and referred to in this chapter interchangeably as Director or Commissioner)
The executive officer of the Department of Parks and Recreation or his duly authorized representative
[Added 11-19-1974 by L.L. No. 114-1974, effective 11-22-1974]
DIRECTOR
The executive officer of the Department of Parks and Recreation or his duly authorized representative.
DISTRICT PARK
A park operated as a special district of the Town of Hempstead.
ELECTRONIC CIGARETTE or E-CIGARETTE
Any electronic nicotine delivery product composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of solid nicotine or any liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes, vape pens or under any other product name.
[Added 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
NICOTINE DELIVERY PRODUCT
Any manufactured article or product made wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human consumption, but not including a product approved by the United States Food and Drug Administration for sale as a drug or medical device and which is being marketed and sold solely for that approved purpose. Nicotine delivery products include, but are not limited to, e-cigarettes.
[Added 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
PARK or PARKS
Includes all parks, playgrounds, athletic fields, swimming pools, beaches, boardwalks, golf courses and other recreation areas, or any part or portion thereof, under the jurisdiction of the Town Board, operating under a special district or otherwise, and such other sites and appurtenances as the Director shall utilize, whether the same be now or hereafter owned or acquired by the Town of Hempstead in fee or otherwise, including all land under and space above the surface of the ground, to include any part or portion thereof.
SMOKING
The inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other combustible tobacco product in any manner or in any form. Smoking includes the use of electronic cigarettes, vaping devices, personal vaporizers or any electronic nicotine delivery system or any device which simulates tobacco smoking.
[Added 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
TOWN
The Town of Hempstead.
A person shall not post, distribute, cast or leave about any bills, placards, tickets, handbills, circulars, advertisements in any form or any other matter for advertising purposes directly in or in the immediate vicinity of any park, unless duly authorized and upon such consideration being paid as the Town Board or Director shall determine.
[Amended 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
A person shall not bring or consume or possess with the intent to consume any liquor, ale, beer, wine, spirits or other alcoholic beverages in a keg, case, can, bottle or other container into any park unless authorized to do so by the Town Board or Commissioner, and subject to rules and regulations with respect thereto as may be promulgated by the Town Board or Commissioner.[1]
[1]
Editor's Note: See also Ch. 77, Public Places, Regulation of.
[Added 11-23-2010 by L.L. No. 78-2010, effective 12-7-2010; amended 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
The Town Board, recognizing the health risks posed by use of nicotine, a highly addictive substance, and further recognizing the problematic nature of enforcing dissimilar restrictions on the smoking of electronic cigarettes versus traditional smoking, finds that it is in the best interest of the Town of Hempstead to prohibit the smoking of electronic cigarettes within Town parks, except in the areas that have been designated as smoking areas, and reaffirm the prohibition of smoking in parks and recreation facilities except in designated locations.
[Added 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
It shall be a violation of this chapter for any person to smoke or carry any lighted smoking substances or other smoking devices, including but not limited to cigarettes, electronic cigarettes, cigars, pipes and the like, at any park within the Town of Hempstead, including indoor and outdoor locations, except in designated smoking areas as indicated by posted signs.
[Added 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
Notwithstanding the provisions of this chapter, the Commissioner may designate one or more outdoor areas at any Town Park as a "smoking area." In such designated smoking area, smoking, including the use of electronic cigarettes, shall be permitted.
[Added 5-22-2018 by L.L. No. 44-2018, effective 6-6-2018]
The Commissioner shall install, or cause to be installed, signage to comply with the provisions of this chapter, which shall be prominently and conspicuously posted where smoking, including the use of electronic cigarettes, is either prohibited or permitted by this local law.
[Added 2-26-2019 by L.L. No. 14-2019]
A. 
Legislative intent. It is the purpose of this section to protect the public interest, welfare, health and safety within the Town of Hempstead by prohibiting the smoking of, consumption of, or publically displaying of marijuana or marijuana products in Town of Hempstead parks and park district parks, marinas and beaches. Similar to open alcohol containers, the Town Board finds that the smoking of, consumption of, or publically displaying of marijuana or marijuana products in Town of Hempstead parks and park district parks, marinas, and beaches leads to drug use in our parks, marinas, and beaches drug use by minors, disorderly conduct, disturbance of the public peace, littering of the parks, marinas and beaches, and destruction of park, marina, and beach property. The Town Board finds further that preservation of the public health, and prevention of conditions which lead to conduct disturbing the public peace attributable to the smoking of, consumption of, or publically displaying of marijuana or marijuana products can be accomplished by the prohibition of the smoking of, consumption of, or publically displaying of marijuana or marijuana products in Town of Hempstead parks and park district parks, marinas, and beaches.
B. 
Definitions. Unless otherwise expressly provided, the following words, for the purpose of this section, shall bear the meaning herein indicated:
MARIJUANA
Same definition ascribed to "marihuana' in NY Public Health Law § 3302: all parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
MARIJUANA PRODUCT
Marijuana and/or any material, substance or thing derived (in any manner) from marijuana or which contains marijuana as a component part in any amount of concentration.
C. 
Prohibition. It shall be a violation of this chapter for any person to smoke, consume, show, display, or carry in plain sight marijuana or marijuana products in any Town of Hempstead park or park district park, marina or beach, including indoor and outdoor locations.
D. 
Signage. The Commissioner shall install prominent and conspicuous signage advising park, marina or beach patrons of the prohibitions of this section. Inadequacy of signage or lack of signage shall be no defense to a violation of this section.
E. 
Conformity with applicable law. Nothing herein shall be construed as enforceable in any manner which shall violate or be preempted by federal, state, or other applicable law.
Animals shall not be permitted in any park, unless authorized to do so by the Town Board or Director, and subject to rules and regulations with respect thereto as may be promulgated by the Town Board or Director. A person owning or having custody of any animal shall not cause or permit such animal to enter any park.
[1]
Editor's Note: See also Ch. 152, Animal Shelter and Control Division.
A. 
Any applicant who shall have been denied an official identification under this article by the Director, or any applicant who shall have had an official identification revoked or suspended, may petition the Town Board for a review of the action of the Director by a Review Board designated by the Presiding Supervisor to proceed as hereinafter provided.
B. 
Such petition shall be verified and shall state the ground or grounds upon which the applicant claims that the determination of the Director was erroneous, arbitrary or capricious.
C. 
Such petition shall be filed with the Town Clerk within 20 days after notice of denial of the application, or within 20 days after notice of any revocation or suspension of the official identification has been mailed to the applicant or delivered in person by the Director.
D. 
After the filing of the petition, a review board consisting of three members of the Town Board shall hold a hearing thereon pursuant to the provisions of this article.
E. 
Whenever it shall be provided herein that a hearing shall or may be held on a date, place and hour designated by a Review Board, the Town Clerk shall give notice thereof, stating the name and address of the applicant concerned, the subject matter of the hearing and the date, place and hour designated therefor, by mailing a copy thereof to the applicant concerned at the address shown upon the application of such applicant at least 10 days before such hearing.
F. 
Upon any hearing, the applicant involved shall be entitled to be represented by legal counsel and to present whatever competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
G. 
At the hearing, the Review Board shall consider the applicants petition upon the record before the Director in relation to the Director's consideration thereof, and in its discretion may receive new or additional evidence in support or opposition thereof.
H. 
The Review Board, after such hearing, may affirm the action of the Director or require him to issue an official identification, pursuant to this article.
A. 
A person shall not bathe, wade or swim in any waters of any park or pool except at such times and places and in such proper attire as the Town Board or Director shall designate.
B. 
A person shall not bathe, wade or swim in any waters of any park or pool if, in the opinion of the lifeguard on duty, conditions therein are unsafe for bathing or swimming.
C. 
Except in the case of the use of life-saving equipment by Town park personnel, or as otherwise provided herein, a person shall not use tubes, floats, surfboards, swim fins, aqualungs or skin-diving equipment of any kind, or any inflatable or buoyant objects or artificial or mechanical aids or devices for swimming or diving, in the waters of any park or pool.
D. 
The Director may designate and post special areas where water equipment, surfboards and other floating objects may be used in compliance with rules and regulations pertaining to their use.
E. 
Surfing by any person shall not be permitted until a Town surfing permit has been obtained and for which full payment has been made.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
F. 
Surfing shall be permitted only when a lifeguard is on duty. A person must report to the lifeguard stand before entering the water to surf.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
G. 
A person must use shock cords when surfing.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
H. 
When surfing, a person must strictly adhere to the designated hours, rules and regulations posted by lifeguards.
[Added 7-15-1986 by L.L. No. 57-1986, effective 7-23-1986]
A. 
Cabanas shall not be occupied by the tenant until a permit therefor is obtained and paid for in full.
B. 
Cabanas shall not be sublet and shall be used for bathing and beach purposes only.
C. 
A cabana is rented to the tenant only and shall not be occupied by guests unless at least one adult member of the tenant family is present. For the personal comfort and welfare of all the tenants, the cabana is not to be occupied at any one time by more than a reasonable number of people.
D. 
Electrical appliances, other than refrigerators, will not be allowed in the cabana. The use of a small charcoal burner for picnic cooking is permitted when such burner is placed in the sand outside of the cabana sidewalk; charcoal fires must be completely extinguished before the tenant leaves the cabana.
E. 
There shall be no dishwashing in the cabanas; the tenant shall use disposable dishware.
F. 
Washbowls in comfort stations shall not be used for laundering purposes.
G. 
The use of a cabana shall be limited to the hours of 8:00 a.m. to 11:00 p.m., or such hour of closing as may be designated by the Town Board or the Director.
H. 
Children under 10 years of age will not be admitted into the cabana area unless accompanied by an adult.
I. 
Each tenant is responsible for proof of residence.
J. 
Housekeeping of the cabana interior is the responsibility of the tenant, and inspections thereof may be made periodically by an authorized representative of the Town for health and safety purposes.
K. 
The tenant shall abide by all the rules and regulations as set forth by the Town Board or the Director.
L. 
An infraction of any rule or regulation by the tenant or persons for whom the tenant is responsible, by reason of guest status, shall be cause for revocation of the tenant's license.
A. 
A person shall not tent, camp, erect or maintain a tent, shelter or camp in any park except in areas which shall be designated by the Town Board or Director for such purpose. Camping in such designated areas shall require written permission from the Town Board or Director.
A. 
A person shall not disobey a lawful order of a Town of Hempstead Safety Department patrolman or any authorized law enforcement officer, or any person employed in the Department of Parks and Recreation in a supervisory capacity, or the directions of any park sign; throw stones or other missiles; interfere with, encumber, obstruct or render dangerous any drive, road, path, walk or area of a park; climb upon any wall, fence, shelter, cabana or other structure not intended as climbing apparatus; enter or leave any park area except at established entranceways or exits; introduce, carry or fire any fireworks; engage in, instigate, aid or encourage a contention or fight, whether or not a ring or prizefight; assault any person; spit on any walk, platform or stairway; or urinate or defecate except in public restrooms.
[Amended 11-10-2009 by L.L. No. 91-2009, effective 11-24-2009]
B. 
A person shall not make excessive noise which would create a nuisance and prevent park patrons or residents of the area surrounding the park from participating in their usual activities.
A. 
A person shall not kindle, build, maintain or use a fire anywhere within any park, except in fireplaces provided for that purpose by the Department of Parks, or in portable grills provided by owners thereof for use in designated areas. Any fire shall be continuously under the care and direction of an adult from the time it is kindled until it is extinguished, and no fire shall be built within 10 feet of any tree or building, or beneath the branches of any trees or in any underbrush. A person shall not throw away or discard any lighted match, cigar, cigarette or other lighted object. Such objects shall be deposited in suitable receptacles.
B. 
A person shall not dump, lay or place any hot coals, ashes or embers upon or under the sand.
Fishing is prohibited in any park area during the bathing season, except as otherwise designated and posted by the Town Board or Director.
The following activities are prohibited in any park, except in areas designated and posted by the Director: throwing or using any type of ball, bean bag, frisbee, knife, missile or other object; playing any ball game; flying any model aircraft of any size; engaging in kite flying or model boating; riding bicycles, scooters, go-carts, motor bikes, motorcycles, beach buggies or other such vehicles other than on roads; roller skating, skate-boarding; engaging in archery; using air rifles, pistols, BB guns or any type of firearm or other such device or instrumentality which may create a hazard to person or property or which may cause a nuisance or discomfort to any person.
A. 
The Town will not be responsible for loss, damage or theft of motor vehicles or other personal property brought into any park, unless said property is received by authorized Town personnel at designated facilities provided for that purpose under an agreement by the Town in writing to accept such responsibility, and in no event shall the Town's liability exceed the sum of $150.
B. 
Persons checking clothing and parking motor vehicles, pursuant to rules and regulations in force at any park, do so at their own risk and without any liability on the part of the Town unless specifically assumed pursuant to the provisions hereof.
A. 
All persons who desire to use the facilities of any park must first obtain an official identification which shall be made upon a form furnished by the Director at the Town Hall, Hempstead, New York, or at any park or other location as shall be designated by the Town Board or the Director. If the Director shall find from the statements contained in said application that the applicant is entitled under this article to use the facilities of the park applied for, then the Director shall issue an official identification to said applicant.
B. 
An official identification shall authorize the holder thereof to use park facilities in accordance with the terms and conditions to which the official identification relates.
C. 
There shall be no refund in whole or part of season fees for the use of the facilities of a park after the official date of opening of such park, unless authorized by the Town Board for an equitable reason.
D. 
The making of a material false statement in an application for an official identification shall constitute grounds for revocation or suspension of the official identification by the Town Board or Director.
E. 
An infraction against any rule or regulation governing the use of a park facility shall constitute grounds for revocation or suspension of the official identification by the Town Board or Director.
F. 
Official identification is not transferable and any attempted alteration or transfer is void, and any such attempt shall constitute grounds for revocation or suspension of the official identification by the Town Board or Director.
G. 
If an official identification is revoked or suspended pursuant to the provisions of Paragraphs D, E or F hereof, there will be no refund of any charges or fees paid by the offender.
A. 
Unless otherwise provided for in this article, a park shall be opened and closed at the time and hour designated therefor by the Town Board, except that the Director is authorized to open and close any park in his sole discretion for emergency, health or safety reasons.
B. 
A person shall not use the park at times other than those designated, in accordance with Paragraph A hereof.
C. 
Opening and closing times for parks shall be posted thereat.
A person or group shall not make use of, or attempt to make use of, or gain admittance to, the facilities of any park for use of which a charge is made or a fee is required by the Town Board, unless he shall first pay the charge or fee, including any charges or fees for special events levied in lieu of or in addition to the regular charge or fee fixed by the Town Board, except for admittance by special permit for official business.
All persons using the facilities of the picnic areas shall abide by the following rules and regulations:
A. 
Shelters used by picnic parties in assigned areas must be vacated by 10:00 p.m. No food or beverages shall be served after 8:00 p.m. No music shall be played after 9:00 p.m.
B. 
Vehicles are not permitted in picnic areas, or on sidewalks leading to and from shelters or in any place within the assigned picnic area.
C. 
Portable stoves, grills or other cooking equipment shall not be used by patrons on sidewalks or inside picnic shelters. Patrons using cooking equipment must use designated areas.
D. 
Tables or equipment in picnic shelters shall not be moved without permission of authorized park personnel.
E. 
All organized picnic groups shall stay within areas assigned and reserved for them.
F. 
Picnic groups shall not occupy shelter areas before 9:00 a.m.
G. 
Patrons using portable stoves, grills or other cooking equipment shall not dump hot coals or ashes on or under the sand, but must use receptacles provided for that purpose.
H. 
Commercial trucks or vehicles dispensing food and beverages shall not park in picnic areas. Beverages so dispensed must be in cans, paper or plastic cups.
I. 
Patrons shall not use facilities intended for occupancy by park personnel.
A person shall not voluntarily land any airborne vehicle, object or apparatus in any park unless permission is obtained from the Town Board or Director.
Subject to approval by the Town Board, the Director is empowered to adopt additional rules and regulations governing the use of the parks as may be deemed necessary in the interest of public health, safety and welfare.
A person shall not injure, deface, displace, remove, fill in, raze, destroy or tamper with any drive, path or walk; take up, remove or carry away trees, shrubs, turf or other material; remove, deface or destroy any structure, building or any appurtenances connected with the park or any other property or equipment, real or personal owned by the Town or others under the jurisdiction and control of the Town Board or the Director.
A person shall not take, carry, leave, throw, lay, drop, discard or in any manner discharge any cans, bottles, broken glass, refuse, garbage, rubbish or waste into or on any park. Litter must be placed in receptacles provided for that purpose.
[1]
Editor's Note: See Ch. 128, Garbage and Rubbish.
No photographs shall be taken for commercial purposes unless authorized by the Town Board and subject to such consideration as may be fixed by the Town Board.
A. 
A person shall not erect any structure, stand or platform, hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any park, unless authorized by the Town Board or Director.
B. 
The Town Board or Director shall designate the area to be occupied for picnics, outings and special events, and the Director shall regulate the use of recreation facilities in order to prevent congestion and shall distribute patrons of the park throughout the park area to ensure efficient utilization of park property for the comfort of patrons. All representatives of organized picnics, outings and special events, including parades and demonstrations and other similarly defined events, shall first obtain a special permit from the Town Board or Director, subject to such rules and regulations as either may deem necessary, in addition to any regular privileges any group may already possess relative to the use of park facilities.
[Amended 7-27-1982 by L.L. No. 77-1982, effective 8-2-1982; 9-4-2018 by L.L. No. 73-2018; effective 9-14-2018]
The following regulations shall govern the use of swimming pools:
A. 
There shall be no admission except upon presentation of official identification or upon payment of the designated fee. Daily admissions will be required to present proof of residency. Children under two years of age will be admitted free.
B. 
The number of persons permitted in the pool area shall be limited in accordance with Nassau County Department of Health regulations.
C. 
Children under 10 years of age will not be admitted, except when accompanied by an adult of at least 18 years of age, who shall assume full responsibility for the children's safety.
D. 
Persons under 14 years of age must leave the pool area at 5:30 daily, unless accompanied by an adult.
E. 
No one is permitted in the pool area except in appropriate bathing attire. Shoes must be removed before entering the pool area.
F. 
Persons with long hair may be requested to wear it tied back while in the water.
G. 
Bathers may be required to take a soap and warm water shower before entering pool.
H. 
Smoking permitted in designated areas only.
I. 
No diving shall be permitted, except from diving boards or in designated areas. No more than one person is permitted on a diving board at one time. Divers must not bounce the board unnecessarily. Divers using the board must swim to and leave the pool by ladders.
J. 
The use of diving board and pool facilities are at one's own risk.
K. 
No person will use the pools, diving boards or other facilities who, in the opinion of the lifeguard in charge, is not capable or qualified to do so.
L. 
No person will be permitted to enter the pool if, in the opinion of the lifeguard in charge, conditions therein are unsafe for bathing or swimming. Conditions shall be considered safe only when lifeguards are on duty. Hours will be posted.
M. 
The following, as noted, are strictly prohibited in the pool area: ball playing of any type; pushing, running, dunking or boisterous conduct; toys, play equipment, flotation devices, swim fins, masks, glasses or snorkels; food, beverages, chewing gum, glass containers, sun tan lotions and oils; radios, tape decks, phonographs, musical instruments; gambling; dressing or undressing except in designated areas.
N. 
Diaper changing shall be permitted in designated areas only.
O. 
Town of Hempstead pool furniture shall not be removed, nor may it be reserved.
P. 
No outside umbrellas shall be allowed in the pool area.
Q. 
Carriages, strollers and playpens with wheels shall be permitted in designated areas at designated pools only (wheelchair patrons excluded).
R. 
No rain checks or refunds shall be given.
S. 
The Town of Hempstead will not be responsible for the loss and/or damage to any personal property belonging to patrons or their guests.
T. 
The Town Board shall make such rules and regulations as are necessary for the safety and welfare of the patrons.
[Amended 11-19-1974 by L.L. No. 114-1974, effective 11-22-1974]
A. 
Traffic control maps. The Commissioner shall cause to be prepared a map of each park, showing graphically all traffic control regulations applicable to the respective park. Thereafter, the Town Board may hold public hearings for the adoption of the Traffic Control Map. The public hearings shall be held after at least 10 days' prior notice of the time and place thereof, by publication in the official newspaper of the Town. After the public hearing, the Town Board may modify a traffic control map and, by ordinance, rule or regulation, shall adopt the map with modification or without change. A certified copy of the ordinance, rule or regulation and a copy of the map, as adopted, shall be filed forthwith in the office of the Town Clerk and in the Department of Parks and Recreation. In addition, the Commissioner is hereby authorized, but not required, to post traffic control maps, as adopted from time to time, at respective parks.
B. 
It shall be unlawful for the operator of any vehicle to disobey the direction of any sign or marking relating to traffic control in any park which shall be placed in accordance with the provisions of Subsection A of this section.
C. 
Unless otherwise posted, the speed limit throughout any park shall be 15 miles per hour.
D. 
In parking areas, all persons shall comply with the directions of the parking attendant and shall occupy the designated parking stall assigned to them when applicable. Overnight parking shall not be allowed except in areas designated for that purpose. Any vehicle illegally parked shall be towed away at owner's expense.
E. 
Driving instruction of persons operating motor vehicles, motorcycles or minibikes, either under a New York State learner's permit, or otherwise, shall be prohibited in all parks.
F. 
Except for vehicles operated by Town or district personnel, a person shall not operate any type of vehicle within the area between parking fields and beach or shore area.
G. 
A person shall not drive or operate within any park any omnibus having an overall length in excess of 20 feet, unless a special permit is obtained therefor from the Department of Parks and Recreation.
H. 
A person shall not solicit for hire passengers for any vehicle in any park.
I. 
Hitchhiking is prohibited in any park.
J. 
Obstruction of traffic by vehicle or otherwise, except in case of emergency, is prohibited.
K. 
Exemption of emergency and municipally owned or leased vehicles and equipment. Nothing herein contained shall be construed to prohibit the standing, parking or operation of police or fire vehicles, ambulances and other emergency vehicles or municipally owned or leased vehicles and equipment in the Town of Hempstead parks.
L. 
No person shall operate, park or leave standing any vehicle within a park or district park as defined in this chapter if the vehicle has an expired vehicle registration sticker or expired vehicle inspection sticker, and the presence of any such vehicle in a Town park or district park shall constitute a violation hereof, subject to the applicable penalties set forth in this chapter.
[Added 3-29-2016 by L.L. No. 21-2016, effective 4-12-2016]
[Added 5-26-1981 by L.L. No. 50-1981, effective 6-3-1981]
A. 
Except when necessary to avoid conflict with other traffic or when in compliance with law or the directions of a peace officer or a public safety officer of the Town of Hempstead Department of Public Safety or an official traffic control device, no person shall:
(1) 
Stop, stand or park a vehicle:
(a) 
On the roadway side of any vehicle stopped, standing or parked at the edge or curb of any aisle or roadway within a park.
(b) 
On a sidewalk within a park.
(c) 
Within an intersection of any aisle or roadway, except when permitted by official signs.
(d) 
On a designated crosswalk.
(e) 
Between a safety zone and the adjacent curb or the marked boundaries thereof.
(f) 
Alongside or opposite any excavation or obstruction when stopping, standing or parking would obstruct traffic.
(g) 
In a parking field within a park other than within markers designating parking spaces and as nearly in the center of designated stalls as possible.
(h) 
On any lane or roadway in any parking field within a park.
(2) 
Stop, stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(a) 
In front of a driveway.
(b) 
Within 20 feet of a crosswalk unless a different distance is indicated by official signs.
(c) 
Within 30 feet upon the approach of any flashing signal, stop or yield sign or traffic control signal located at the side of the aisle, lane or road, unless a different distance is indicated by official signs.
B. 
No person shall stop, stand or park a vehicle within 15 feet of a fire hydrant except when said vehicle is attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move the vehicle in case of an emergency, unless a different distance is indicated by official signs.
C. 
No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such distance as is unlawful.
D. 
Except where angle parking is authorized, every vehicle stopped, standing or parked wholly upon a two-way roadway shall be so stopped, standing or parked with the right-hand wheels of such vehicle parallel to and within 12 inches of the right-hand curb or edge of the roadway.
E. 
Except where angle parking is authorized, every vehicle stopped, standing or parked wholly upon a one-way roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or edge of the roadway, or its left-hand wheels within 12 inches of the left-hand curb or edge of the roadway.
F. 
Except where angle parking is authorized, every vehicle stopped, standing or parked partly upon a roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway. On a one-way roadway, such vehicle shall be facing in the direction of authorized traffic movement; on a two-way roadway, such vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests.
G. 
No person shall disobey any instructions, directions or time periods contained in any sign duly posted by the Town of Hempstead in any parking field within a park.
H. 
No person shall use any parking field within any park as a through-traffic means for any purpose.
I. 
It shall be unlawful and a traffic infraction for any person who is not a holder of a valid special parking permit issued by the County of Nassau for use by the physically handicapped to leave a motor vehicle parked, stopped or standing in any of the spaces set aside in a public parking field in a Town park for the sole and exclusive use of holders of valid special handicapped parking permits issued by the County of Nassau. Any person or persons, association or corporation committing an offense under this subsection shall be subject to a fine of not more than $750.
[Added 6-7-1983 by L.L. No. 55-1983, effective 6-13-1983; amended 3-11-2003 by L.L. No. 20-2003, effective 3-27-2003; 10-2-2008 by L.L. No. 76-2008, effective 10-10-2008]
The use of parks shall be restricted to Town residents or park district residents, whichever is applicable (except as hereinafter noted), subject to the following:
A. 
All persons entering any park shall be required, upon request, to identify themselves as residents entitled to admittance.
B. 
A person under the age of 10 years shall not be admitted to a park unless accompanied by an adult who shall assume full responsibility for his or her safety and conduct.
C. 
District park swimming pools are for the use of special park district residents.
D. 
Town park swimming pools are for the use of all Town residents.
E. 
The Town of Hempstead park district swimming pools are for the use of the Town of Hempstead park district residents and, for a special fee, all other residents of the Town.
A person shall not use park property for business or professional purposes involving the sale of any goods or the rendering of any service for a fee or for the purpose of soliciting alms or contributions unless authorized to do so by the Town Board or the Director.
[1]
Editor's Note: See Ch. 118, Peddlers and Solicitors.
[Amended 11-19-1974 by L.L. No. 114-1974, effective 11-22-1974; 5-26-1981 by L.L. No. 51-1981, effective 6-3-1981]
A. 
Any person or persons, association or corporation committing an offense against any of the provisions set forth in § 78-25 of this chapter shall be guilty of a traffic infraction, punishable by a fine not exceeding $100 for each such offense. Such fine shall be collected as like fines are collected pursuant to the rules of the District Court of Nassau County.
[Amended 1-29-1985 by L.L. No. 12-1985, effective 2-6-1985; 3-11-2003 by L.L. No. 20-2003, effective 3-27-2003]
B. 
Unless otherwise provided for herein, any person or persons, association or corporation committing an offense against any of the provisions set forth in § 78-25.1 of this chapter shall be guilty of a traffic infraction, punishable by a fine not exceeding $100 for each such offense. Such fine shall be collected as like fines are collected pursuant to the rules of the District Court of Nassau County.
[Amended 1-29-1985 by L.L. No. 12-1985, effective 2-6-1985; 3-11-2003 by L.L. No. 20-2003, effective 3-27-2003]
C. 
Each offense against § 78-3 of this chapter shall constitute a separate violation and, upon conviction in a court of competent jurisdiction, shall be subject to the following:
[Amended 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
(1) 
A first offense under § 78-3 of this chapter shall be punishable by a fine of not less than $50 nor more than $250 or by imprisonment for a period not exceeding 10 days for each offense, or by both such fine and imprisonment.
(2) 
A second and each subsequent offense thereafter under § 78-3 of this chapter shall be punishable by a fine of not less than $100 nor more than $250 or by imprisonment for a period not exceeding 15 days for each offense, or by both such fine and imprisonment.
D. 
Any person or persons, association or corporation committing an offense against any other section or provision of this chapter shall be guilty of a violation, punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Each day of continued violation shall constitute a separate additional offense.
[Added 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
[Added 6-29-1993 by L.L. No. 38-1993, effective 7-6-1993]
If any clause, sentence, paragraph, subdivision, section or part of this chapter is adjudged invalid by a court of competent jurisdiction, the judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part of this chapter that shall be directly involved in the controversy in which such judgment shall have been rendered.
[Added 7-27-1993 by L.L. No. 46-1993, effective 8-2-1993]
No person shall use any water fountain, drinking fountain, pool, sprinklers, reservoir, lake or any other water contained in the park for the purpose of washing or cleaning himself or herself, his or her clothing or other personal belongings. This section shall not apply to those areas within the parks which are specifically designated for personal hygiene purposes (i.e., bathroom, shower room, wash basins, etc.); provided, however, that no person shall wash their clothes or personal belongings in such areas, nor shall any person who has not been using a facility under the jurisdiction of the Department for recreational purposes be permitted to use a shower room within such facilities for personal hygiene purposes.