Village of Atlantic Beach, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 250.
[Adopted 11-1-1962]
No person shall do, perform, suffer, cause or permit, and it shall be unlawful for any person to do, perform, suffer, cause or permit any of the following acts or things within the corporate limits of the Village of Atlantic Beach:
A. 
Install, plant or grow a hedge or hedges to a height of more than eight feet (measured from the grade at the street line of the parcel of land on which such hedge or hedges are planted) within 10 feet of the line of any other private property. The height of every fence along the front lot line shall be measured from the elevation of the sidewalk, curb or center line of the street. The height or every other fence shall be measured from the average height of the adjoining ground on either side.
[Amended 5-11-1981 by L.L. No. 2-1981[1]]
[1]
Editor's Note: This local law also repealed former Section 1(a) and (b), prohibiting barbed wire fences and fences more than six feet in height, both of which immediately preceded this subsection.
[Added 5-11-1981 by L.L. No. 2-1981; amended 3-8-2004 by L.L. No. 1-2004; 8-8-2005 by L.L. No. 1-2005; 11-9-2009 by L.L. No. 4-2009]
In an A or C Residence District, a fence not exceeding six feet in height shall be permitted on the rear lot line and those linear portions of the side lines enclosing a rear yard and side yard; provided, however, that the six-foot fencing and its relationship to the street fronting upon the premises shall not exceed a greater distance frontward to the street than the front building line of adjacent dwellings on either side. For purposes of interpretation, a front building line shall refer only to the principal structure and shall not include patios, porches or other extensions thereto. In every case, the finished or "good" side of the fence shall face outward facing a legal street. The following shall be permitted only when permitted by the Village Board of Trustees:
A. 
Fencing shall be permitted to extend to the front sidewalk except for the Village Bay ends, Park Street and Beech Street.
B. 
Where no sidewalk exists, the distance shall be measured from an existing sidewalk on the same side of the street; if no sidewalk exists on the same side of the street, then the distance from the curbline to the sidewalk shall be the same as the opposite side of the street.
[Added 5-11-1981 by L.L. No. 2-1981; amended 3-8-2004 by L.L. No. 1-2004]
In a B Business District, no fence or wall more than six feet in height may be erected, except when authorized by the Village Board of Trustees.
[Added 5-11-1981 by L.L. No. 2-1981; amended 3-8-2004 by L.L. No. 1-2004]
In a CA Cluster District, no fence or wall more than five feet may be erected on the side of the lot and five feet in the front of the lot.
[Added 3-8-2004 by L.L. No. 1-2004]
In an MR Marine Recreational District all fencing is permitted to be six feet in height in the rear and side lot lines, providing that the six-foot fence does not go beyond front wall of the building. Fencing for all other lot lines shall not exceed four feet in height, and 50% of spacing of fence must be open style.
[Added 5-11-1981 by L.L. No. 2-1981; amended 8-8-2005 by L.L. No. 1-2005]
On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge tree, shrub or other growth shall be maintained at a height greater than 2 1/2 feet at any point within a radius of 20 feet of the point formed by any intersecting roads or highways; provided, further, that such height shall be measured from the existing elevation of the center line of such highway opposite such wall, fence, other structure, hedge, tree or shrub.
[Added 5-11-1981 by L.L. No. 2-1981]
Every swimming pool shall be enclosed with a fence five feet minimum and six feet maximum in height. Said fence is to be properly screened with shrubs and plants.
[Added 5-11-1981 by L.L. No. 2-1981]
Nothing hereinabove contained shall prohibit fences at the northerly line of the boardwalk along the Atlantic Ocean to the height of the boardwalk.
[Added 8-8-2005 by L.L. No. 1-2005]
No gate, when in the open position, shall obstruct a public walkway.
[Added 5-11-1981 by L.L. No. 2-1981]
Every fence to be installed shall require a permit. Said permit shall be issued by the Board of Trustees. The Board may, however, empower the Village Clerk, or such other officer as the Board may designate, to issue building permits in its name and on its behalf. The Board may issue a fence permit in variance of the above sections, where it will not affect the health, welfare or safety of the residents or property owners of the Village of Atlantic Beach.
[Amended 11-14-1978; 5-11-1981 by L.L. No. 2-1981; 2-9-1998 by L.L. No. 1-1998]
Any person, agent, servant, employee or corporation who shall violate any provisions of this article or fail to comply therewith, or who shall build, alter or use any fence in violation hereof, shall be guilty and punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both. Each week's continued violation shall constitute a separate additional violation. The owner or owners or lessee of any premises or part thereof, builder, contractor or architect, who have assisted in the commission of any such violation, shall each be guilty of a separate offense and upon conviction shall be fined as herein provided.
[Adopted 11-18-1974 by L.L. No. 4-1974]
It is hereby declared to be the intent and policy of the Incorporated Village of Atlantic Beach, County of Nassau, State of New York, to preserve, protect and maintain the clean and wholesome character of the Incorporated Village of Atlantic Beach, to preserve and maintain the health and welfare of the residents of the Village of Atlantic Beach and its inhabitants, and for the purpose of protection and preservation of the property of the Village and its inhabitants and of peace and good order and to prohibit trespass to public and private property.
The following words and phrases shall have the meaning ascribed to them below, all other words and phrases shall have the meaning normally ascribed to them unless a contrary meaning is clearly apparent from the content:
PERSON
Any individual, partnership, corporation or unincorporated association.
Every owner, lessee, tenant or person in charge of any vacant land or vacant lot abutting the beach alongside of the Atlantic Ocean, in the Village of Atlantic Beach, is required to erect, construct, build and maintain a fence, to prevent persons or animals from entering upon the beach alongside of the Atlantic Ocean, or from entering upon any land or lot abutting the beach alongside of the Atlantic Ocean, in the Village of Atlantic Beach.
The Board of Trustees of the Village of Atlantic Beach may provide for rules and regulations for the erection, construction and maintenance of such fence.
In the event of the failure of any owner, lessee, tenant or occupant or person in charge of such vacant land or vacant lot shall fail to erect, construct, build or maintain a fence as herein above required, after receiving written notice by certified mail from the Board of Trustees of the Village of Atlantic Beach for a period of 10 days, the Board of Trustees of the Village of Atlantic Beach, is empowered to authorize its agents, servants or employees to enter upon such vacant land or vacant lot to erect, construct, build or maintain such fence, and the total cost thereof may be assessed upon the real property of such vacant land or vacant lot and shall constitute a lien and charge on the real property of such land or lot on which it is levied until paid or otherwise satisfied or discharged and shall be collected by the Receiver of Taxes in the manner provided by law for the collection of delinquent taxes; if the owners of such lands or lots is a nonresident, the notice mailed to such owner by certified mail addressed to his last known residence as appears on the Village Assessment Book, shall be sufficient service thereof.
[Amended 2-9-1998 by L.L. No. 1-1998]
In addition to any other remedy existing in favor of the Incorporated Village of Atlantic Beach, any owner, lessee, tenant or person in charge of any land or lot who fails to comply with the notice sent by certified mail by the Board of Trustees of the Village of Atlantic Beach, to erect, construct, build or maintain such a fence shall be punished by and subject to a fine of not more than $500 or imprisonment for not more than 15 days, or both, for each violation. Each day's continued violation after such notice shall constitute a separate additional violation.