[HISTORY: Adopted by the Town Board of the
Town of Islip 8-5-1969. Amendments
noted where applicable.]
As used in this ordinance, the following terms
shall have the meanings indicated:
Every ambulance or vehicle used as an ambulance, and every
motor vehicle operated by the Police Department, Fire Department,
County or Deputy County Fire Coordinator, County or Assistant County
Fire Marshal, sheriff or a regularly paid deputy sheriff when engaged
in the performance of his duties, or by a public utility company.
The "Board" shall be construed to mean the Board of Commissioners
appointed by the Town Board of the Town of Islip which shall act as
an adviser to the Supervisor or his designee in the issuance of driving
permits.
[Amended 3-15-1977]
Absent from one's Fire Island residence for no more than
a total number of 60 days during the permitted driving period for
year-round residents each year, commencing on the first Tuesday of
September following Labor Day and ending on the last day of June on
which driving is allowed as determined by the National Park Service,
with no more than 30 consecutive days at any one time.
[Added 2–5–2008]
Any motor vehicle owned or operated by or on behalf of an
individual, partnership or corporation while in use for landscaping
or construction within the several established communities on Fire
Island.
Any motor vehicle other than a public utility vehicle or
essential service vehicle involved in construction, maintenance and
repair of structures on Fire Island or the transportation of materials
and supplies to retail business establishments on the island.
[Added 1-5-1988]
An accessway over a primary or transverse dune designated
and marked as a "dune crossing."
Any motor vehicle other than a public utility vehicle, whose
use on Fire Island is essential to the continued use of residences
on the island. This may include vehicles used for the following purposes,
while in use for such purposes:
[Added 1-5-1988]
All real property on Fire Island in the Town of Islip whose
southerly boundary is the low-water mark on the ocean front, whose
easterly boundary is the easterly boundary of the Town of Islip, whose
northerly boundary is the low-water mark of the Great South Bay, and
whose westerly boundary is the westerly boundary of the Town of Islip,
excluding, however, land lying within the boundary of any incorporated
Village and lands contained within the Fire Island National Seashore.
The land of Long Island, New York.
[Added 1-5-1988]
A device which is self-propelled by internal combustion or
electrical energy and in, upon or by which any person or material
is or may be transported on land.
[Amended 1-5-1988]
A vehicle or bus available for hire.
Any motor vehicle while in use for official business of the
United States Government, the State of New York, the County of Suffolk
and of towns, villages and communities situated on Fire Island, or
while in use for hearse, ambulance, fire or other emergency or disaster
purposes.
Those persons who reside on Fire Island continuously for
fewer than 12 months of the year.
[Added 1-5-1988]
Any motor vehicle owned or operated by a public utility or
a public service company enfranchised or licensed to supply Fire Island
residents with electricity, water, telephone or bottled gas, or other
public utility service while in use for supplying such services.
Any motor vehicle owned or operated by or on behalf of a
school district, or other public or private entity maintaining elementary
or secondary schools, while in use for transporting elementary or
secondary school children of Fire Island residents and their teachers
to and from school activities.
Any motor vehicle owned or operated by or on behalf of an
individual, partnership or corporation while in use for furnishing
Fire Island residents' maintenance or repair services, including but
not limited to installation or repair of household appliances, plumbing,
carpentry and painting.
Those persons who are legally domiciled on Fire Island and
who, in addition, physically reside in their fixed and permanent homes
on the island continuously, except for brief and occasional absences,
for 12 months of the year.
[Added 1-5-1988]
[Added 3-15-1977]
A.
The preservation of the Great South Beach, otherwise
known as "Fire Island," is of paramount importance to the citizens
of the Town of Islip. Although referred to as an island, it is in
reality a barrier sandbar approximately 31 miles long and only 200
yards to 1/2 mile wide. This barrier sandbar is the only buffer between
the Atlantic Ocean and the South Shore of Long Island. The barrier
beach not only protects the South Shore of Long Island, but by its
existence creates the Great South Bay whose unique ecological characteristics
make it one of the prime hard clam and oyster producing areas in the
world. The harvesting of these clams and oysters is a major industry
within the Town. Finally, the preservation of the unique character
of the barrier beach in the center of the densest metropolitan area
in the United States is of paramount importance not only to the citizens
of the Town of Islip, but also to the thousands of metropolitan New
Yorkers who use the island as a refuge from the pressures of urban
society.
B.
The proliferation of motor vehicles on the barrier
beach runs counter to the public policy of the Town of Islip and is
detrimental to the preservation of the barrier beach. The limitation
of the use of motor vehicles on the island will promote the health,
safety and general welfare of the community, including the protection
and preservation of the property of the Town.
[Amended 2-13-1973; 3-15-1977]
A.
No motor vehicle shall be operated on or across Fire
Island except under permit issued by the Supervisor or his designee
and except for the following vehicles:
B.
The Supervisor or his designee is authorized to establish
a system of permits consistent with the requirements of these regulations.
Any person, firm, corporation or partnership may apply to the Supervisor
or his designee for a permit, using a form to be provided for that
purpose. Before granting the permit, the Supervisor or his designee
shall consider whether or not the nature and extent of the intended
use is consistent with the purposes of the regulations in this part,
which are to protect Fire Island and interests therein and to protect
the health, welfare, safety and convenience of members of the public
using Fire Island. On this basis, the Supervisor or his designee may
approve the application, deny the application or grant the application
with appropriate limitations and restrictions.
C.
Permits may be issued for periods of one day to one
year, depending on the reasonable requirements of the applicant.
D.
No permit shall be issued for any motor vehicle having
a manufacturer's rated capacity in excess of one ton, provided that
application may be made to the Supervisor or his designee for a special
trip permit for a vehicle of greater capacity to carry heavier loads
for which water transportation is not available or feasible.
E.
No permit shall be issued for any motor vehicle not
equipped, in the judgment of the Supervisor or his designee, to travel
over sand, unless such vehicle use will be restricted to on island
travel only and limited to improved walkways.
[Amended 1-5-1988]
F.
Special permits may be issued to those persons who
have satisfied the Supervisor or his designee that, by reason of their
advanced age or infirmity, they require the use of a motor vehicle.
G.
Permits shall be carried by the operator of a vehicle
on Fire Island at all times and displayed upon request.
H.
All applicants for year-round resident permits must
submit a sworn affidavit that their twelve-month sole residency is
on Fire Island.
[Added 2-13-1973; amended 1-5-1988]
[Amended 5-4-1972; 2-13-1973; 12-18-1973; 3-15-1977]
A.
The Town Board hereby delegates the power to issue
permits to the Supervisor or to someone designated by him. If the
Supervisor shall designate such a person, that person shall be directly
answerable to the Supervisor. The Supervisor or his designee may employ
such persons as a court reporter, clerks and a secretary, as are necessary,
to hear applications for permission to drive on the barrier beach.
The Supervisor shall also have the power, with the consent of the
Town Board, to pay anyone appointed as his designee a reasonable amount
not to exceed $4,500 per year.
B.
The Town Board shall also appoint a Board of Commissioners
who shall act in an advisory capacity to both the Town Board and the
Supervisor or his designee. This Board shall review applications and
permits and have the power to make recommendations to the Supervisor
or his designee. However, such recommendations may only be advisory,
and any decision of the Supervisor or his designee shall be final.
C.
There shall be five members of the Board. All members
shall be appointed for a term of two years, commencing January 1.
[Amended 1-5-1988]
D.
The Supervisor or his designee may administer oaths
and compel the attendance of witnesses. He shall have the power to
hold such hearings as he sees fit, for the purpose of ascertaining
the necessity for any permit requested. The fact that any individual,
partnership or corporation is making an application for a permit must
be published in a local paper having circulation within the Town of
Islip. A list of permit holders must be published in a paper having
local circulation within the Town of Islip. From time to time there
may be received requests for permits when there is ferry service to
Fire Island. If the applicant is able to demonstrate that the request
is of an emergency nature, the Supervisor or his designee may issue
letter permits.
[Amended 1-5-1988]
E.
The Supervisor or his designee shall have the power
to make reasonable rules and regulations for his conduct and the enforcement
of this ordinance and shall have the power to set a limit on the total
number of permits to be issued.
[Amended 2-13-1973[1]]
A.
Except as otherwise specifically provided in this
section, travel on Fire Island by motor vehicle is permitted as follows:
(1)
From May 15 through June 14 inclusive: driving at
any hour daily, but not from 8:00 a.m. through 6:00 p.m. Saturday,
Sunday and Memorial Day weekend.
(2)
From June 15 through September 15 inclusive: no driving
whatsoever.
(3)
From September 16 through October 15 inclusive: daily
at any hour, but not from 8:00 a.m. through 6:00 p.m. Saturday and
Sunday.
(4)
From October 16 through May 14 inclusive: daily at
any hour.
B.
One truck shall be designated by the Long Island Lighting
Company and zone permits issued to the New York Telephone Company
to answer service calls between June 15 and September 15 inclusive.
At all other times during the year, each company may apply for those
permits which it feels are necessary, and the Supervisor or his designee
shall grant such number of permits as it feels are necessary to serve
the needs of the Fire Island community. There shall also be granted
an appropriate amount of permit to individuals or corporations who
are engaged in the collection and disposal of refuse.
[Amended 3-15-1977]
C.
Travel on Fire Island by service vehicles is restricted
to providing service to owners and occupants thereon.
D.
Travel on Fire Island by all other motor vehicles
is prohibited.
[1]
Editor's Note: This ordinance originally contained
two Subsection As, the first of which applied to the year 1973 and
which has since been deleted. The second and current Subsection A
was prefaced by the phrase "For the year beginning May 15, 1974."
A.
So far as practicable, motor vehicles shall be operated
only on the beach in established tracks. When two motor vehicles approach
from opposite directions in the same track, both operators shall reduce
speed and the operator with the water to his left shall yield the
right-of-way by turning out of the track to the right.
B.
No motor vehicles shall be operated on any portion
of a dune except at posted dune crossings.
C.
Every vehicle must yield the right-of-way to all pedestrians,
maintain a speed not in excess of five miles per hour, stop at every
intersection, and be equipped with properly operating brake and horn.
[Amended 7-3-1984; 5-2-2000; 9-15-2020]
D.
In an emergency the Supervisor or his designee may
suspend, for such period or periods as he shall deem advisable, any
or all of the foregoing restrictions on motor vehicle travel, and
he may announce such suspension by whatever means are available. In
the event of high winds and waves, storms or other adverse weather
conditions, the Supervisor or his designee may close all or any portion
of Fire Island to motor vehicle travel for such period as he shall
deem advisable in the interests of public safety.
[Amended 3-15-1977]
E.
Every property owner to whom a permit is issued must
have adequate space upon his property to park his vehicles. No person
shall be permitted to park his vehicle other than at his residence.
This rule shall not apply to commercial permits.
[Added 2-13-1973]
[Added 9-15-2020]
A.
Every
golf cart or mule must be operated only by the person to whom the
driving permit was issued; or, in the case of a medical permit, by
either the person having the medical disability or a responsible person
when the permit holder is present in the cart.
B.
Every
golf cart or mule or those with trailers shall be used to transport
supplies and material and only those laborers required on the job.
Carts and materials must be kept off walks while at the job site.
C.
Every
cart or mule must yield the right-of-way to all pedestrians maintain
a speed not in excess of five miles per hour, stop at every intersection,
and be equipped with properly operating brake and horn.
E.
Operation
of golf carts or mules at any other times is permitted only for emergency
work involving services as may be required in plumbing, service and
repairs, to correct a dangerous or potentially dangerous condition.
All emergency operations must be reported within one week of occurrence
by mailing a list of all emergency jobs (i.e., address, name and telephone
number of person requesting work, details of work) to the Supervisor
or designee.
F.
All drivers
of golf carts or mules must have a valid driver's license.
G.
All golf
carts and mules being used for business purposes must conspicuously
display the name of the business.
[Amended 2-13-1973]
A.
Any violation of this ordinance shall be deemed an
offense punishable by the following fines:
[Amended 3-15-1977]
(1)
First offense: mandatory fine of $25 and/or 30 days'
suspension of the permit issued by the Supervisor or his designee.
(2)
Second offense: mandatory fine of $100 and/or up to
60 days' suspension of the permit issued by the Supervisor or his
designee.
(3)
Third offense: mandatory three-year suspension of
the permit issued by the Supervisor or his designee.
B.
Upon conviction of any violation which occurred between
June 15 and September 15, any suspension of the permit may be imposed
on the following year between June 15 and September 15.
Each of the exemptions delineated in § 61-4 shall be an affirmative defense to any prosecution initiated pursuant to the provisions of this ordinance, and the defendant has the burden of establishing such affirmative defense by a preponderance of the evidence.
The invalidation of any section or provision
of this ordinance by any court of competent jurisdiction shall not
invalidate any other section or provision hereof.
This ordinance is to take effect and be in force
immediately and supersedes the Beach Buggy Ordinance of May 1965,
as amended, which ordinance and amendments thereto are rescinded.
