[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.
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. 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]
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]
[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.
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.
[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.