[Amended3-17-1978 by L.L. No. 1-1978; 1-29-1982 by L.L. No. 1-1982; 6-22-1999 by L.L. No. 5-1999; 1-23-2001 by L.L. No. 1-2001; 4-5-2001 by L.L. No. 4-2001; 9-24-2002 by L.L. No. 5-2002; 3-13-2003; 6-24-2003; 3-23-2004; 5-25-2004; 5-10-2007 by L.L. No. 4-2007; 7-11-2013 by L.L. No. 5-2013; 4-21-2020 by L.L. No. 2-2020; 4-21-2020 by L.L. No. 3-2020; 5-11-2023 by L.L. No. 10-2023; 12-11-2025 by L.L. No. 14-2025]
It shall be unlawful for any person or persons to engage in or do any of the acts hereinafter set forth on the ocean beach in the Village of Southampton, which area is more particularly described as follows: bounded on the north by the general line of the top of the first rank of the ocean dunes, on the east by the easterly Village boundary line, on the south by the low-water line of the Atlantic Ocean and on the west by the westerly Village boundary line:
A.
Commercial activities. To sell, peddle or solicit, or to carry on, engage in or promote, in any manner whatsoever, whether directly or indirectly, any business activity, advertising program, promotional scheme or any commercial enterprise. (This prohibition shall not apply to the bathing beach concession at the municipal bathing facility at Cooper's Neck Beach.[1])
(1)
The above prohibition shall not apply to the giving of ocean swimming lessons or ocean surfboarding lessons by a surf school operated pursuant to a license issued by the Village Administrator for use of a designated portion of the ocean beach in connection with such activity, provided that such use is conducted in compliance with such license and in compliance with rules and regulations established by resolution of the Village Board of Trustees for use of a designated portion of the ocean beach in connection with such activity. The following provisions shall be applicable to this exception from the above prohibition:
(a)
A license issued by the Village Administrator for use of a designated portion of the ocean beach in connection with such activity shall specify the location of the designated portion of the ocean beach. The issuance of a license for use of a designated portion of the ocean beach in connection with such activity shall not be construed as excepting from the above prohibition any portion of the ocean beach other than the designated portion. The designated portion shall be a portion of the ocean beach owned by the Village of Southampton.
(b)
The Village Board of Trustees may establish, from time to time, by resolution, rules and regulations for use of a designated portion of the ocean beach in connection with such activity, including, but not limited to, rules and regulations restricting the hours of operation, the days of operation, and the number of persons attending the surf school.
(c)
Any violation of such rules and regulations shall be deemed a violation of this article.
(d)
Such rules and regulations shall be deemed to be conditions of such license.
(e)
Any violation of conditions of such license shall be deemed a violation of this article.
(f)
Issuance of a license for use of a designated portion of the ocean beach in connection with such activity shall not be construed as authorizing any person to trespass upon real property.
(g)
Issuance of a license for use of a designated portion of the ocean beach in connection with such activity shall not be construed as imposing any liability on the Village of Southampton for any personal injury or property damage which may be sustained by any person attending the surf school. Issuance of such license shall not be construed as creating any duty owed by the Village of Southampton to any person attending such surf school.
(h)
A license may be suspended by the Village Administrator for violation of these rules and regulations. If a license is suspended by the Village Administrator, such suspension shall take effect immediately and shall remain in effect until such suspension is terminated by the Board of Trustees. A hearing before the Board of Trustees shall be held within 30 days of the suspension. Written notice of the hearing shall be mailed to the licensee at least seven days prior to the hearing by certified mail to the last known address of the licensee. No later than 30 days from the hearing, the Board of Trustees must issue a decision revoking the license, lifting the suspension, or continuing the suspension for an additional 30 days, after which the suspension is lifted.
B.
Playing ball and other games. To engage in or play ball or other games wherein a hard ball or hard object is used which might endanger a person or persons within said area.
C.
Fishing.
(1)
To fish, surf cast or haul seine between the 15th day of June and the 15th day of September in each year between 9:00 a.m. and 6:00 p.m., prevailing time, but only within or from that portion of said area lying between the westerly line of Halsey Neck Lane extended southward to the ocean and the easterly line of Old Town Road extended southward to the ocean and also a distance of 200 feet to the east and west of Fowler Lane extended southward to the ocean.
(2)
In the case of a haul seiner who has started to haul seine before 7:00 a.m. in a permitted area, he may complete the haul and may egress from the area upon completion by driving or operating a motor vehicle notwithstanding the provisions of Subsection D hereof, provided that such egress shall not occur later than 1:00 p.m.
D.
Vehicles. To drive or operate or park a vehicle propelled by a motor or other mechanical device in said area without having first obtained a permit for same from the Village Clerk. The application for said permit shall be made to the Village Clerk upon a form and fee schedule to be promulgated by the Village Clerk by resolution of the Village Board of Trustees. This provision shall not apply to employees of the Village working under the direction or supervision of the Village.
(1)
To drive or operate or park a vehicle propelled by a motor or other mechanical device in said area between May 15 and September 15 in each year between 9:00 a. m. and 6:00 p.m., prevailing time, but this provision shall not apply to employees of the Village working under the direction or supervision of the Village.
(2)
Notwithstanding any provision to the contrary herein, in that portion of the ocean beach bounded on the east by the easterly line of Road F projected southerly to the water of the Atlantic Ocean and on the west by the westerly boundary line of the Village of Southampton [hereinafter the "picnic beach"], the holder of such a permit may drive only from a designated access point at Jim Aery Way onto the beach between the hours of 9:00 a.m. and 6:00 p.m. only in accordance with the following:
(a)
Maximum total vehicle count. Access to the picnic beach during these times shall be on a first-come basis as a maximum of 136 vehicles shall be permitted on the totality of the picnic beach at any one time;
(b)
Maximum individual parking area vehicle count. There shall be a maximum number of vehicles permitted to be parked within each of the designated parking areas with the picnic beach area, as follows:
[1]
2150-2100 Meadow lane parking area: maximum of 22 vehicles;
[2]
2080-2040 Meadow lane parking area: maximum of 48 vehicles;
[3]
2020-1990 Meadow lane parking area: maximum of 30 vehicles;
[4]
1970-1950 Meadow lane parking area: maximum of 10 vehicles;
[5]
1950 Meadow lane parking area: maximum of 26 vehicles;
(c)
Parking regulations. Vehicles shall park in a manner that is perpendicular to the shoreline of the Atlantic Ocean within the picnic beach area. Vehicles shall be parked in a maximum of two rows, parked back-to-back, with at least 10 feet spacing between each vehicle side-to-side;
(d)
Dune buffer area. Except for a designated "driving lane" at the Road G access point, the entire length of the northern portion of the picnic beach area shall be designated as a "dune buffer area" in which no vehicles are allowed to drive or park, and said dune buffer area shall include:
[1]
All dunelands, i.e., all areas bounded northerly by the northern boundary of the picnic beach area (i.e., the southerly crest of dune) and southerly by the seaward edge of the primary dune or, if appropriate, the seaward edge of any symbolic fencing for piping plovers or least terns or from any area protected under any applicable Federal, State, and local laws, the precise boundary of which shall be reasonably determined from time to time by the Village or its designee based upon existing conditions and applicable Federal, State, and local laws and regulations, and
[2]
An additional 20-foot-wide buffer area extending 20 feet southerly from the southern boundary of the dunelands as above-described;
(e)
Roadway area. There shall be a 20-foot-wide roadway area in which vehicles may be driven but no vehicles shall park (the "roadway area"). The northern boundary of the roadway area shall extend no further north than the southern boundary of the dune buffer area, as above-described, but the precise location of the roadway area shall be determined from time to time by the Village or its designee based upon existing conditions, in order to provide a 20-foot-wide area safe and suitable for vehicles to drive to and from the access point(s) and the designated parking areas for each property, as hereafter described;
(f)
Ocean buffer area. The entire length of the southern portion of the picnic beach area shall be designated as an "ocean buffer area" in which no vehicles are allowed to drive or park, and said ocean buffer area shall consist of a 25-foot-wide buffer extending 25 feet northerly of the mean high water line of the Atlantic Ocean;
(g)
No parking areas adjacent to beach paths. In order to provide sufficient space for adjacent property owners and beachgoers to enjoy the picnic beach area without potential conflicts with vehicles, there shall be five designated "no parking areas" located on either side of existing pedestrian paths to the beach from the private properties, as shown on the Picnic Beach Plan and as more particularly described as follows:
[1]
A 160-foot-wide no parking area shall be located in the area including the beach path entrances to 2170 Meadow Lane and 2150 Meadow Lane ("2170-2150 no parking area");
[2]
A 160-foot-wide no parking area shall be located in the area including the beach path entrances to 2100 Meadow Lane and 2080 Meadow Lane ("2100-2080 no parking area");
[3]
A 160-foot-wide no parking area shall be located in the area including the beach path entrances to 2040 Meadow Lane and 2020 Meadow Lane ("2040-2020 no parking area");
[4]
A 170-foot-wide no parking area shall be located in the area including the beach path entrances to 1990 Meadow Lane and 1970 Meadow Lane ("1990-1970 no parking area"); and
[5]
An 80-foot-wide no parking area shall be located in the area including the beach path entrance to 1950 Meadow Lane ("1950 no parking area");
(h)
Parking areas. In order to provide sufficient space for parking of vehicles within the picnic beach area, there shall be five designated "parking areas" in between the no parking areas, south of the roadway area, north of the ocean buffer area, as shown on the Picnic Beach Plan and as more particularly described as follows:
[1]
2150-2100 Meadow Lane Parking Area. Parking area located in between 2170-2150 no parking area and 2100-2080 no parking area;
[2]
2080-2040 Meadow Lane Parking Area. Parking area located in between 2100-2080 no parking area and 2040-2020 no parking area;
[3]
2020-1990 Meadow Lane Parking Area. Parking area located in between 2040-2020 no parking area and 1990-1970 no parking area;
[4]
1970-1950 Meadow Lane Parking Area. Parking area located in between 1990-1970 no parking area and 1950 no parking area; and
[5]
1950 Meadow Lane Parking Area. Parking area located in between 1950 no parking area and eastern boundary of picnic beach area.
(i)
Changed circumstances. The Picnic Beach Plan is based on existing conditions of the picnic beach area, during time periods when the picnic beach area is not impacted by closures of certain areas due to the presence of piping plover or least tern nesting. In the event that conditions change, whether long-term as a result of beach erosion or accretion, or short-term as a result of temporary beach closures or avulsion, the driving and parking allowances hereunder may require automatic adjustments, as follows:
[1]
For each of the designated parking areas within the picnic beach area, parking shall only be allowed if the width of the sand is sufficient to provide for the dune buffer area, roadway area, ocean buffer area, and each no parking area;
[2]
The maximum individual parking area count, as set forth above, shall constitute the maximum number of vehicles allowed within each area, provided that the size of the parking area is sufficient to accommodate said count while maintaining the required 10-foot separation (side-to-side) between each vehicle. In the event that existing conditions and applicable Federal, State, and local laws and regulations, do not allow sufficient area to accommodate the maximum individual parking area count, as set forth above, for any parking area, while still maintaining the dune buffer area, roadway area, ocean buffer area, and each No Parking area, the size of the parking area shall be automatically reduced and the maximum count shall be automatically reduced to the maximum number of vehicles that can be accommodated within the reduced-size parking area, while maintaining the required 10-foot separation;
[3]
In the event that existing conditions and applicable Federal, State, and local laws and regulations do not allow sufficient width of beach to accommodate two rows of vehicles, front-to-back, within any parking area, said parking area shall be restricted to one row of vehicles, while maintaining the same 10-foot separation between each vehicle (side-to-side), if one row can be accommodated; or if there is insufficient area to accommodate one row of vehicles, while still maintaining the required ocean buffer area, dune buffer area, and roadway area, then no vehicles may be parked within said parking area; and
(j)
Permitted vehicles. This special access shall apply only to ordinary passenger vehicles capable of safe passage on sandy surfaces (e.g., 4x4 cars and trucks). Vehicle trailers of any kind or nature, including campers, cargo and utility trailers, are prohibited.
E.
(Reserved)
F.
Commercial photography. To solicit for a commercial photographer or to take pictures for commercial purposes within said area, except upon obtaining permission in writing therefor from the Village Board.
G.
Undressing in public. To dress or undress either by changing from ordinary street clothes into bathing or beach attire or from bathing or beach attire into ordinary street clothes.
H.
Littering. To throw, place, deposit or scatter, or cause to be thrown, deposited or scattered, any food, fruit peeling, discarded fish or shellfish, refuse, paper, trash, cans, bottles, glass, glassware or crockery.
I.
Launching and operation of power boats. To launch a power boat of any type or to operate or pilot any power boat in the adjacent water within 100 yards of low-water mark, but only from or within that portion of said area lying between the westerly line of Halsey Neck Lane extended southward to the ocean and the easterly line of Old Town Road extended southward to the ocean and also for a distance of 200 feet to the east and west of Fowler Lane extended southward to the ocean, between the 15th day of June and the 15th day of September in each year from 9:00 a.m. to 6:00 p.m., prevailing time.
J.
Intoxication. To come upon or remain upon the area while intoxicated or under the influence of alcoholic beverages to such extent that his or her normal faculties are impaired or conduct is offensive to the other persons within the area.
K.
Bathing while nude. To come upon, remain within or use the area or the waters adjacent thereto, either in the daytime or at night, while nude.
L.
Abusive language. To use any abusive, obscene or indecent language or gesture or make any threat of violence while within said area.
M.
Disturbing the peace. To do any act or create any condition while the area is occupied by other persons, either individually or in concert with others, which does or is calculated to encourage, aid, abet or start a riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that such person was solely responsible for such public disorder or disturbance of the peace, but only that his or her appearance, manner, conduct, attire, condition, status or general demeanor was a factor that resulted in the disturbance of the peace.
N.
Surfboarding.
(1)
The use of a surfboard in the water adjacent to that portion of the area commonly known as "Cooper's Neck Beach" shall be prohibited between the 15th day of June and the 15th day of September in each year from 9:00 a.m. to 6:00 p.m., prevailing time. The use of a surfboard in all other water adjacent to the ocean beach lying between the easterly Village boundary line extended southward to the ocean and the westerly Village boundary line extended southward to the ocean shall be permitted without restriction.
(2)
Anything to the contrary herein notwithstanding, the Board of Trustees, in its sole discretion, may, from time to time, by resolution, designate a specific area or areas within the aforesaid permitted areas where surfboarding will be prohibited. Any such areas so designated by the Board of Trustees may be relocated or terminated by resolution of said Board.
O.
Camping. To camp and/or spend the night in a vehicle, trailer, tent or temporary structure of any kind; to erect or cause to be erected any structure, temporary or otherwise, or any shanty, tent or other shelter within said area.
P.
Bonfires. To build or maintain an open bonfire within said area of such size or proportion as might endanger nearby private property, or to build or maintain any open bonfire except upon obtaining permission in writing therefor from the Village Fire Marshal.
Q.
Exposure. No person shall appear on the aforesaid ocean beach area nor on any vacant land readily visible therefrom unless his or her human male or female genitals are covered with a fully opaque covering, and in the case of a female person over the age of 12 years, unless the portion of her breasts below the top of the areola is also covered with a fully opaque covering.