[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Editor's Note: The definitions of “director” and “manager,” which immediately followed this definition, were repealed 7-1-1975.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.
