Town of Islip, NY Chapter 58 Trespassing

[HISTORY: Adopted by the Town Board of the Town of Islip 3-31-64. Amendments noted where applicable.]

§ 58-1 Definitions.

[Added 4-1-86, effective 4-20-86[1]]

As used in this ordinance, the following terms shall have the meanings indicated:

ENTER OR REMAIN UNLAWFULLY

A person "enters or remains unlawfully" in a park when he is not licensed or privileged to do so. A person who, regardless of his intent, enters or remains in a park which is at the time open to the public does so with license and privilege unless he defies a lawful order not to enter or remain, personally communicated to him by an agent of the Town of Islip. A license or privilege to enter or remain in a park which is only partly open to the public is not a license or privilege to enter or remain in that part of the park which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of such land or other authorized person, or unless such notice is given by posting in a conspicuous manner.

PARK

All real property and municipal facilities owned by the Town of Islip, including any area designated by the Town of Islip as a marina.

TOWN

The Town of Islip.

[1] Editor's Note: This ordinance also repealed former § 58-1, Unlawful intrusion or trespass, as amended 5-17-66.

§ 58-2 Applicability.

[Added 4-1-86, effective 4-20-86[1]]

A. A person is guilty of trespass pursuant to this Code when that person knowingly enters or remains unlawfully in a park.

B. This section shall not apply to a fire, police or peace officer or authorized Town official or employee acting in the course of his duties.

[1] Editor's Note: This ordinance also repealed former § 58-2. Notices posted.

§ 58-3 Public parks.

[Amended 7-7-81; 4-1-86, effective 4-20-86]

A. No person shall pick any flowers or shrubs in a park.

B. No person shall erect a hut or other structure in a park or occupy same therein without permission of the Town Board of the Town of Islip.

C. Hours.

(1) The following enumerated 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:

(a) Bay Shore.

[1] Bay Shore Memorial Park.

[2] Clarissa Park.

[3] Delta Park.

[4] Kelly Park.

[5] Spur Drive Park.

(b) Bayport.

[1] Bayport Commons.

[2] Bayport Memorial Park.

[3] Bayport Beach.

(c) Bohemia.

[1] Locust Avenue Ballfield.

(d) Brentwood.

[1] Benton Park.

[2] Candlewood Memorial Park.

[3] Ellery Street Park.

[4] Freeman Avenue Park.

[5] Garnet Drive Park.

[6] Gil Hodges Ballfield.

[7] Massachusetts and Illinois Park.

[8] Michael Cacciutola Park.

[9] Noble Street Park.

[10] Pilgrim State Soccer Fields.

[11] Ross Memorial Park.

[12] Sonia Road Park.

[13] Winnie Lane Park.

(e) Central Islip.

[1] Central Islip Hospital Fields.

[2] Lowell Avenue Park.

[3] Pine and McKinney Park.

[4] Smith and O'Kane Park.

[5] Peter Potter Park.

(f) East Islip.

[1] Country Village Ballfields.

[2] East Islip Memorial Park.

[3] Little League of the Islips.

[4] Westbrook Farms.

(g) Great River.

[1] Great River Fishing Dock.

[2] North Great River Memorial Park.

(h) Hauppauge.

[1] Bretton Woods Park.

[2] Northfield Woods Park.

(i) Holbrook.

[1] Alex DiGuardia Park.

[2] Michael Buckley Park.

[3] Pearl Street Park.

(j) Islip.

[1] Commack Road Park.

[2] Islip Beach.

[3] Pinkerton Memorial Park.

[4] Rifle Range.

(k) Islip Terrace.

[1] Beaverdam Park.

(l) Oakdale.

[1] Locust Avenue Park.

[2] Oakdale Memorial Park.

[3] Robert Duggan Park.

[4] Tulip Avenue Park.

(m) Sayville.

[1] Candee Avenue Park.

[2] Division Avenue Park.

[3] Gillette Park.

[4] Rotary Park.

[5] Sayville Beach.

[6] Sparrow Memorial Park.

[7] Yonda Park.

(n) West Islip.

[1] Keith Lane Park.

[2] Parkway Lawns Park.

[3] Sequams Park.

(2) At all other times the above-listed parks shall be closed to the public.

D. In addition to being open to the public during the same hours as those parks listed in Subsection C of this section, all Town parks not enumerated in Subsection C shall be open solely to persons participating in activities sponsored, approved or permitted by any Town Commissioner or his authorized agent, during the period such activities are being conducted.

E. The fact that a parking lot in any park is illuminated at any time shall not be an indication that such parking lot or park is then open to the public.

F. The Commissioner of any Town department having control of and authority over a park may make rules and regulations designating areas which are closed to the public and governing the use of all areas of such parks.

G. In addition to the penalties provided in § 58-6, any person who fails to comply with Subsection A, B, C or D of this section or who disregards the rules and regulations promulgated pursuant to Subsection F of this section may be prohibited from reentering the park for a twelve-hour period or from remaining in the park.

§ 58-4 Public highways.

It shall be unlawful for any person, firm or corporation to place, erect or occupy within the bounds of any street or road of the Town of Islip any structure without authorization.

§ 58-5 Parking areas and travelways at railroad stations and airport terminals.

[Added 5-5-1964; amended 2-6-1990]

It shall be unlawful for any person in any motor vehicle to park, stand or cruise, to offer or solicit to carry passengers for hire, in any parking area, travelway or building at any railroad station or airport terminal in the Town of Islip, unless a written lease or agreement to do so has been entered into with the railroad and/or the Town of Islip.

§ 58-6 Penalties for offenses.

A. The violation of any provision of this ordinance is an offense.

B. Any person, firm or corporation found guilty of violation of any provision hereof shall be punishable by a fine of not more than five hundred dollars ($500.) or imprisonment for a period not exceeding fifteen (15) days, or both, for a second or subsequent offense.

[Amended 10-19-71]

C. Each day upon which any violation of this ordinance shall continue shall be a separate violation hereof.

§ 58-7 When effective. [1]

This ordinance shall take effect immediately.

[1] Editor's Note: Former § 58-7, Severability, was repealed 1-1-86, effective 4-20-86. Said ordinance also renumbered former § 58-8. When effective, as § 58-7.