Village of Atlantic Beach, NY Article II Use of Park Property at Beaches

[Adopted 6-15-1963]

§ 65-2 Entering beach and park areas. [1]

[Added 11-14-1973]

A. No person shall climb, scale or jump any fence to gain access to the boardwalk, playground, bay area or any beach area, and no person shall jump from the boardwalk on to the beach area and no person shall jump, scale or climb any fence or boardwalk to exit from any beach area, boardwalk, playground or bay area.

B. Every resident and guest shall use the entrance to the beach from the public highway or streets through the designated gates or entrances.

[1] Editor's Note: Former Section 1, Definitions, which immediately preceded this section, was deleted 2-9-1998 by L.L. No. 1-1998. See now Art. I, Terminology, § 65-1.

§ 65-3 Consumption of food and drink.

[Added 7-13-1987 by L.L. No. 2-1987]

No person or persons at any time shall carry or bring any food, soda bottle, cans, beer or beer bottles on the boardwalk of the Village of Atlantic Beach, nor eat on the boardwalk or on any bench on the boardwalk, and no person or persons shall leave, deposit or place any of the foregoing on the boardwalk at any time.

§ 65-4 Prohibited acts.

No person shall do, perform or permit, and it shall be unlawful for any person to do, perform or permit any of the following acts or things within the corporate limits of the Incorporated Village of Atlantic Beach:

A. Enter or pass through a gate leading to any beach area or to the boardwalk, or remain upon any beach area or bay area longer than is reasonably necessary to pass across same, unless such person is a resident or guest, except that patrons of any beach or cabana club erected on Lot Nos. 5, 6, 8 and 9 in Block 27, as shown on the maps referred to in definition of "beach areas" in Article I of this chapter, shall have the right to use Beach Area H lying south of said lots.

B. Fail or refuse upon demand of a gateman or lifeguard to produce, for inspection, a beach tag while such person is within the limits of and upon any beach area or bay area, unless such person is accompanied by a resident who produces a beach tag.

C. Transfer or deliver any beach tag to any person.

[Amended 2-9-1998 by L.L. No. 1-1998]

D. [1]Permit, suffer or allow any dog, cat or any other animal upon any beach area, bay area or in the waters of the Atlantic Ocean or in the waters of Far Rockaway Bay adjacent to any bay area at any time throughout the entire year, except that dogs are permitted on the beaches during the months of October, November, December, January, February and March of any year.

[Amended 11-14-1973; 2-9-1998 by L.L. No. 1-1998; 3-8-2004 by L.L. No. 1-2004]

[1] Editor's Note: Former Subsection D, regarding surfboards, was deleted 2-9-1998 by L.L. No. 1-1998.

E. Use or walk upon the boardwalk unless such person is a resident or a guest of a resident or a patron of any building located south of Ocean Boulevard.

F. Ride any bicycle upon the boardwalk, except within the area nine feet from the north side of said boardwalk, as indicated by a striped line along the entire boardwalk. Every bicycle ridden upon the boardwalk during the period from 1/2 hour after sunset to 1/2 hour before sunrise and at such other times that visibility for a distance of 100 feet ahead of such bicycle is not clear shall display at least one lighted headlamp on the front and at least one lighted lamp on the rear which shall display a red light and have a bell, buzzer or other sound device.

[Amended 7-12-1972; 11-14-1973; 2-9-1998 by L.L. No. 1-1998]

G. Fish in the waters of the Atlantic Ocean between the hours of 8:00 a.m. and 8:00 p.m. during the months of June, July, August and September in any year except while such person is on a jetty.

H. Fail or refuse to obey any order or direction of a lifeguard relating to the conduct of such person while on a beach area or in the waters of the Atlantic Ocean south thereof or the conduct of such person while on a bay area or in the waters of Far Rockaway Bay adjacent thereto.

I. Use, or act while upon, any beach area or in the waters of the Atlantic Ocean south thereof or use, or act while upon, any bay area or in the waters of Far Rockaway Bay adjacent thereto or use, or act, while upon the boardwalk or any jetty in violation of or contrary to any rules or regulations posted by the Village of Atlantic Beach.

J. Deface, alter, remove or tamper with any portion of the boardwalk, beach areas or bay areas or municipally owned property located thereon.

K. Ignite or maintain any open, exposed or unenclosed fire or fires under the boardwalk; within 20 feet north of the boardwalk without written permit from the Board of Trustees; or at any place south of the boardwalk without written permit from the Board of Trustees.

[Amended 2-9-1998 by L.L. No. 1-1998]

L. Rollerblade, skateboard, roller-skate or use any device that is self-propelled by an electric motor or other means, including, but not limited to, skateboards, scooters and bicycles, at any time on the boardwalk.

[Added 11-8-1999 by L.L. No. 2-1999; amended 9-13-2021 by L.L. No. 6-2021]

M. Permit, suffer or allow any dog or any other animal on the boardwalk at any time.

[Added 3-8-2004 by L.L. No. 1-2004]

N. No person shall be in physical possession of a lighted cigarette, cigar, pipe, battery-operated ecigarette or similar electronic device or other smoking or vaping device for the consumption/inhalation of tobacco, cannabis or any other substance consumed in this manner. The requirement shall be in addition to all other applicable smoking-related regulations enacted by any other level of government with jurisdiction and shall not be construed as making anything legal which would otherwise be unlawful under regulations.

[Added 9-11-2017 by L.L. No. 4-2017; amended 9-13-2021 by L.L. No. 6-2021]

§ 65-5 Beach tags.

[Amended 2-9-1998 by L.L. No. 1-1998]

Beach tags shall be issued only to residents of the Village of Atlantic Beach as the same are defined in this article.

§ 65-6 Responsibility for personal property.

Chairs, umbrellas or other personal property left by any person on a beach area, bay area or in a beach house is done solely at the risk of said person and the Village of Atlantic Beach assumes no responsibility therefor.

§ 65-7 Penalties for offenses.

[Amended 11-17-1973; 2-9-1998 by L.L. No. 1-1998]

Every person convicted of a violation of any of the provisions of this article shall be punished by and subject to a fine of not more than $500 or imprisonment not to exceed 15 days, or both, for each such violation.