[Amended 7-1-1975]
This ordinance shall be known and may be cited
as "An Ordinance Regulating Parks, Swimming Pools, Marinas, Boats,
Waterways and Recreation Facilities in the Town of Islip."
A.
BOAT
BOAT TRAILER
CLERK
COMMISSIONER
DEPARTMENT
MARINA
MOTORBOAT
OWNER
PARK OR PARKS
PERSON
RESIDENT
TOWN
As used in this chapter, the following terms shall
have the meanings indicated:
[Amended 6-7-1994]
Includes every description of watercraft or other contrivance
used on the water or capable of being used as a means of transportation.
[Amended 2-14-1967; 7-1-1975]
A non-self-propelled vehicle designed to be pulled by a self-propelled
vehicle and generally used for the transporting of boats or other
watercraft.
[Added 4-25-2017]
The Town Clerk of the Town of Islip.
The Commissioner of the Department of Parks, Recreation and
Cultural Affairs.
[Added 7-1-1975]
The Department of Parks, Recreation and Cultural Affairs.[1]
[Added 7-1-1975]
Those portions of the incorporated area of the Town of Islip
that shall be designated by resolution of the Town Board as being
Town marinas.
[Amended 2-14-1967]
Includes any vessel propelled in whole or in part by an engine
or motor, whether inboard or outboard.
Includes the person under whose name a vessel was last registered
with the appropriate licensing authority, if requiring registration,
and in any other case, the last known owner.
[Amended 4-15-1969]
Includes all parks, playgrounds, athletic fields, recreation
areas, swimming pools, beaches, boardwalks and other areas under the
jurisdiction of the Commissioner of the Department of Parks, Recreation
and Cultural Affairs and such other places as shall be specifically
designated by the Town Board of the Town of Islip and such other rights
and appurtenances as the Town Board shall utilize, whether the same
be now or hereafter owned or acquired by the Town of Islip in fee
or otherwise, including all land under and spaces above the surface
of the ground and including all waters and land under water, where
applicable.
[Amended 7-1-1975]
Includes an individual, a partnership, any unincorporated
association, a corporation or any other entity.
[Amended 7-1-1975]
A person who maintains a residence in the Town of Islip.
[Amended 7-1-1975]
The Town of Islip.
[Added 7-1-1975]
[1]
Editor's Note: The definitions of “director”
and “manager,” which immediately followed this definition,
were repealed 7-1-1975.
B.
Word usage. The term "shall" is mandatory and "may"
is permissive.
[Added 7-1-1975]
[Amended 7-1-1975; 3-27-2007; 8-11-2009]
The use of Town parks and recreation facilities under this article shall be at no cost, other than the additional fees set for the use of Town pools, to residents and/or owners of taxable real property in the Town who present an official photo identification card, which shall be issued by the Department of Parks, Recreation and Cultural Affairs, upon entering a Town park or recreation facility under this article. The Town Board shall, pursuant to § 37-16 of this Code, set a schedule of fees for the use of Town parks and recreational facilities under this article for residents and/or owners of taxable property in the Town who wish to use those facilities but failed to obtain an official photo identification card issued by the Department of Parks, Recreation and Cultural Affairs, and a separate schedule of fees for the use of those facilities by nonresidents, which will be at a higher rate than that for residents and/or owners of taxable property in the Town.
No person under 12 years of age shall be admitted
to any park unless accompanied by an adult who shall assume full responsibility
for his safety and conduct.
[Amended 7-1-1975; 5-5-1981]
A.
All parks shall be open to the public from 8:00 a.m. to 9:00 p.m., beginning Memorial Day through Labor Day each year, and from 8:00 a.m. to 5:00 p.m., beginning the day after Labor Day through the day before Memorial Day each year. In addition to the aforementioned hours, those parks not enumerated in § 58-3C of this Code shall be open solely to persons participating in activities sponsored, approved or permitted by the Commissioner or his authorized agent during the period such activities are being conducted. No person may enter or remain in a park when it is closed.
[Amended 4-1-1986, effective 4-20-1986]
B.
Rules of use. The Commissioner may adopt and post
regulations regarding the use of any park, which regulations must
be obeyed by every person using the facility.
[Amended 7-1-1975]
A permit to do any act shall authorize the same
only insofar as it may be performed in strict accordance with the
terms and conditions of said permit. Any violation by its holder of
any term or condition shall constitute grounds for revocation by the
Town Board or its duly authorized representative. Applications for
permits to hold large picnics, special activities or the like shall
be made to the Town Clerk. All other applications, such as the use
of a ballfield or the like, shall be made to the Department.
No person shall make use of or gain admittance
to or attempt to use or gain admittance to the facilities of a park
for the use of which a charge is made by the Town Board unless he
shall pay the charge or fee as fixed by the Town Board.
[Amended 7-1-1975]
The Town will not be responsible for loss, damage
or theft to cars and their contents, to private property nor to contents
of lockers or other containers. Such loss, whether inside of buildings
or on the grounds of the park, shall be the patron's responsibility.
A.
No persons shall bathe, wade or swim in any waters
of any park except at such times and places and in such proper attire
as the Town Board may designate. Such designated bathing areas shall
be kept free from any form of water equipment or other floating objects
or other form of device that may cause inconvenience or discomfort
to bathers, except such equipment as is intended for the protection
of life.
B.
No person shall dress or undress in the park except
in such bathing houses or places as may be maintained and designated
for such use.
[Amended 7-1-1975]
Use of Town pools shall be restricted to residents
and/or owners of taxable real property in the Town. Use of park district
pools shall be restricted to residents and/or owners of taxable real
property within the park district, except that all persons entering
any pool within a park district will be required to present an official
identification to the attendant in charge upon entering the pool area.
The Town Board may, where permitted by law and upon appropriate terms
and conditions, allow residents of the Town other than residents and/or
owners of taxable real property within the park district to use park
district pools.
A.
Any person who desires to use the facilities of any
pool located within a park district of the Town shall first file with
the Department a written application, upon forms to be furnished therefor,
containing the following information:
[Amended 7-1-1975]
(1)
The name and address of the applicant.
(2)
The applicant's telephone number, if the applicant
has a telephone.
(3)
If the applicant is a married person, the first name
of applicant's husband or wife and the first name of all children
in applicant's family, together with the age of each child so named.
B.
If the Department shall find, from the statements
contained in the application for an official identification, that
the applicant is entitled to use the facilities of the pool area applied
for, the Department shall issue said application and official identification,
otherwise such application shall be denied.
[Amended 7-1-1975]
C.
A fee of $1 will be charged for the replacement of
lost identification.
A.
No person under 12 years of age shall be admitted
to the pool area unless accompanied by an adult who shall assume full
responsibility for his or her safety and conduct.
B.
No person shall be permitted to enter the pool if,
in the opinion of the lifeguard in charge, conditions therein are
unsafe for bathing or swimming. Bathing or swimming shall be considered
safe only during the hours when a lifeguard is on duty. Such hours
shall be posted within the pool area. Swimming or bathing outside
such hours is prohibited.
C.
No person shall be admitted in the pool except attired
in bathing costume. Shoes must be removed before entering the pool
area.
D.
[Repealed 7-12-1971]
E.
All bathers must take a soap and warm-water shower
before entering the pool.
F.
The Commissioner may designate those areas wherein
smoking is prohibited for reasons of public safety. Smoking in the
areas so designated is prohibited.
[Amended 7-1-1975]
G.
The Commissioner may designate those areas where,
in the interest of public safety, diving is not permitted. Diving
within those areas so designated is prohibited. Diving shall be permitted
only from diving boards. No more than one person shall be permitted
to be on any diving board at one time. Divers must not bounce the
diving board unnecessarily. Divers using diving boards shall leave
the pool by pool ladders.
[Amended 7-1-1975]
H.
Papers, cartons and other types of litter and refuse
shall not be left or thrown in the pool or pool area. These items
shall be deposited in the receptacle provided for that purpose.
I.
All individuals or persons using the facilities of
any Town pool or park district pool or any pool area shall abide by
all the rules and regulations covering the use of Town parks.
J.
The following are noted as strictly prohibited in
the pool area and violation shall constitute an offense against the
ordinance: ball-playing in any form; roller-skating; dressing or undressing;
toys; plat equipment, flotation devices; glasses; basket parties and
indoor picnics; bottles, containers or any glassware; food, beverages,
candy, chewing gum; pushing, running, ducking or boisterous conduct;
dogs or any other animals; solicitation of alms or contributions;
advertising or sale of merchandise. Swim fins, masks and snorkels
may be permitted by authorization of the Commissioner.
[Amended 7-12-1971; 7-1-1975]
K.
The Commissioner may designate the hours when, in
the interest of the public safety, the pools may be opened and closed.
The pools shall be opened and closed at the time and hour so designated.
The opening and closing time shall be posted in the pool area for
the convenience of the public.
[Amended 7-1-1975]
L.
The Commissioner may designate the maximum number
of persons permitted in pools, consistent with public safety. There
shall be no persons admitted in excess of the maximum number so designated.
The maximum number permitted in the pool shall be posted in the pool
area for the convenience of the public.
[Amended 7-1-1975]
M.
The Town Board of the Town of Islip may, from time
to time, adopt such rules and regulations governing the use of Town
pools and park district pools as are found to be in the public interest
and necessary for the safety, welfare and protection of the public.
Any false statement contained in the application
for an official identification or any violation of any of the rules
and regulations governing the use of the pool area or any alteration
made to the official identification shall constitute grounds for revocation
of the official identification by the Town Board or a duly authorized
representative. If an official identification shall be revoked, there
shall be no refund of the fee paid.
[Amended 7-1-1975]
Any applicant who shall have been denied an
official identification under this article, or any applicant who shall
have had an official identification revoked, may apply to the Town
Board for review of the action of the Department or its representative
as herein provided.
A.
Such application to the Town Board shall be in writing,
signed and verified by the applicant, and shall state the ground or
grounds on which the applicant claims that the determination of the
Department was erroneous.
B.
Such application shall be filed with the Clerk by
the applicant within 20 days after notice of denial of the application
or within 20 days after notice of any revocation of the official identification
has been mailed to the applicant or delivered in person.
C.
Upon the filing of such application, the Town Board
shall hold a hearing thereon on a date and at a place and hour designated
by the Town Board and on written notice to the applicant.
[Amended 5-5-1981]
D.
At such hearing, the Town Board shall consider the
applicant's application upon the record before the Department in connection
with the Department's consideration thereof and, in its discretion,
may receive new or additional evidence in support thereof or in opposition
thereto.
E.
The Town Board, after such hearing, may affirm the
action of the Department or direct the Department to issue an official
identification pursuant to this ordinance, or may grant such other
and further relief as seems proper.
[Added 5-5-1981[1]]
Except as authorized pursuant to Chapter 18, Article XIII thereof, no person shall offer, sell, furnish, possess, use or cause to explode any fireworks in a park. "Fireworks" are defined to include those materials set forth in § 270.00 of the Penal Law of the State of New York, as amended.
[1]
Editor's Note: This ordinance also repealed
former § 37-15, Hearings
The Town Board shall, by resolution, adopt such
schedule of fees as shall be necessary pursuant to this ordinance,
and such fees shall be the fees as required under the ordinance until
the same shall be amended, modified or repealed by a subsequent resolution
of the Town Board.
[Amended 7-1-1975]
A.
The Commissioner shall designate the area to be occupied,
and his assistants shall regulate the use of recreation facilities
under the supervision of the Town Board so as to prevent congestion
and shall distribute patrons of the park over the park area in order
to ensure the maximum use of the park area and in behalf of the comfort
of said patrons. A special permit from the Town Board shall first
be obtained for all organized picnics and outings.
B.
No persons shall 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
in the Town without specific permission from the Town Board therefor.
[Amended 7-1-1975]
Fishing is prohibited in any park in the Town
during the bathing season unless specifically authorized by the Department
and posted.
No person shall kindle, build, maintain or use
a fire anywhere within the park except in fireplaces as might be provided
therefor or by special permission of the Town Board. Any fire shall
be continuously under the care and direction of a competent person
over 18 years of age from the time it is kindled until it is extinguished.
No fire shall be built within 10 feet of any tree or building or beneath
the branches of any trees or in any underbrush. No persons shall throw
away or discard any lighted match, cigar or cigarette within, on or
against any building, structure, boat, car, vehicle or enclosure or
under any tree or in underbrush or grass unless it be to deposit the
same in a suitable container provided for the reception thereof.
[Amended 7-1-1975]
No person shall throw or use any type of ball,
bean bag or other objects or play any ball games except in such places
designated for such use, nor engage in toy aviation, kite-flying or
model-boating except in places designated for such use. The Commissioner
shall designate such places and post the same for the convenience
of the public.
A.
No person shall tent or camp or erect or maintain
a tent, shelter or camp in any park unless the Town Board shall specifically
designate a place or area therefor and the same is posted.
B.
No person shall sleep on any beach between the hours
of sunset and sunrise. For the purpose of this subsection, "beach"
shall be defined as all real property in or adjacent to the Town of
Islip along the shore of the Atlantic Ocean lying between the low
water mark as a southerly boundary and the base of the dunes as the
northerly boundary.
[Added 10-5-1982]
No persons owning or being custodian of any
animal shall cause or permit such animal to enter the park.
No person shall, in any park, solicit alms or
contributions for any purpose. No person shall post, distribute, cast
or leave about any bills, placards, tickets, handbills, circulars
or advertisements or any other matter for advertising purposes.
No persons shall take into, carry through, leave
in, throw, lay, drop or discharge into or on the park any tin cans,
bottles, refuse, garbage, rubbish or waste. Papers, cartons or any
other type of litter shall be placed in receptacles provided for that
purpose.
[Amended 8-1-1978; 4-15-1980; 7-5-1983; 3-6-1984]
No person shall consume, ingest or take internally
any alcoholic beverage or carry or have in his possession an open
container containing any amount of such beverage with intent to consume,
ingest or take the beverage internally upon any sidewalk, road, street
or highway owned or controlled by the Town of Islip or upon any other
public property of said Town of Islip, including any public hall,
park or other public place. This ordinance shall not apply where alcoholic
beverages are licensed to be served or where the Town Board or Supervisor
has, in writing, given specific permission to serve or consume said
alcoholic beverages or within a Town marina if consumed upon a boat
tied up at its properly licensed space.
[Amended 7-1-1975]
No persons shall 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 any material or substance;
or remove 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 under the jurisdiction and control
of the Town Board of the Town.
[Amended 7-1-1975; 11-20-1984]
All ordinances of the Town regarding traffic
and motor vehicles shall form or constitute a part of this ordinance.
However, such additional directions for traffic and motor vehicles
as may be posted on signs shall be regarded as part of this ordinance
for traffic control in parking areas, and all persons shall comply
with the directions thereon. In no event, however, shall any person
operate a motor vehicle in a park, public parking area or any other
public property in which motor vehicles are permitted at a speed greater
than 15 miles per hour, nor at a speed greater than is reasonable
and prudent under the circumstances, nor drive in a manner which interferes
with, obstructs, tends to obstruct, renders dangerous for passage
or in any way renders a number of persons insecure in life or the
use of park or other public property.
Every person shall conduct himself in an orderly
manner and shall endeavor to cause no discomfort or inconvenience
to any other person.
