[HISTORY: Adopted by the Town Board of the
Town of Islip 6-11-79 as Local Law No. 7,
1979.[1] Amendments noted where applicable.]
[1]
Editor's Note: A note originally inserted
at the end of this local law reads as follows: "This local law is
applicable to lands owned by the Fire Island National Seashore, pursuant
to Chapter 993 of the Laws of 1966 and Chapter 630 of the Laws of
1967."
This local law shall hereinafter be known and
cited as the "Nudity — Public Beaches Law of the Town
of Islip."
A.
The public beaches of the Town are a treasured and
valued asset enjoyed not only by the three hundred fifteen thousand
(315,000) citizens of the Town of Islip but additionally by hundreds
of thousands of other metropolitan residents. The vast majority of
the people are families with children. The continued enjoyment of
these beaches by Town residents and visitors is an important and substantial
government interest.
B.
The contemporary community standards held by the vast
majority of users of the beach require that proper attire be required.
The existence on the beach of individuals who are nude is upsetting
and disturbing to this general public. The users of the public beaches
of Islip find themselves unwilling observers to this course of conduct
and find that they must be forced to coexist with the practice. They
especially take offense and are disturbed at the exposure of this
practice to young, impressionable children.
C.
Additionally, especially on Fire Island, the oceanfront
is lined with residences which are now forced to view this course
of conduct. The Board, therefore, in the interests of the contemporary
moral standards of conduct within the community, feels that nudity
on the public beaches of the Town should be banned.
As used in this local law, the following terms
shall have the meanings indicated:
Those waters in which the nudity of a swimmer could be recognized
by one standing on a public beach in the Town of Islip.
A person's intentional failure to cover, with a fully opaque
covering, that person's own genitals, pubic hairs, rectal areas or
female breasts below a point immediately above the tip of the areola,
when on a public beach.
A place which is open to the common use of the unorganized
public and each of its members; included but not limited in such definition
shall be Town-owned beaches and the oceanfront on Fire Island.
A.
Nudity shall not be allowed on any public beach or
adjacent waters within or under the jurisdiction, control or ownership
of the Town of Islip.
[Amended 12-16-1980]
B.
This prohibition shall not apply where individuals
have obtained a permit from the Town Board to entertain or perform
in a play, exhibition or show, nor shall it apply to children under
ten (10) years of age.
C.
A person is guilty of exposure when, in a public place
as defined by § 240 of the Penal Law of the State of New
York, he or she urinates or exposes the private or intimate parts
of his or her body, except as provided herein above.
[Added 10-8-1996]
Any person or persons violating this local law
shall be guilty of a violation and shall be liable for a fine of not
more than one hundred dollars ($100.) and imprisonment for not more
than three (3) days, or both.
If any clause, sentence, paragraph, section
or part of this local law shall be adjudged by any court to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved.
This local law shall take effect when the appropriate
certified copies hereof are filed with the Secretary of State and
the Comptroller of the State of New York pursuant to the Municipal
Home Rule Law.
