[Adopted 7-6-1995 by L.L. No. 26-1995 (Ch.
6 of the 1971)]
This article is adopted by the Village Board
of the Village of East Hampton pursuant to the authority granted the
Board under the provisions of the Municipal Home Rule Law of the State
of New York.
For the purpose of this article, the following
terms shall have the meanings indicated:
ACCESS
A means of entry to or exit from a beach.
BEACH
All land lying between a body of fresh or salt water and
the base of a bluff or dune. In cases where there is no bluff or dune
present, then the "beach" shall be all land lying between such body
of water and the naturally occurring beach grass or the upland vegetation
if no naturally occurring beach grass is present.
BLUFF
A formation of land which is landward of the natural beach
and which rises sharply from its base to a bluff line where the natural
land contours resume a gradual slope.
CAMPING
Includes but is not limited to the use of any vehicle to
sleep in; the use of a tent or other temporary structure to sleep
in; or sleeping on the beach after sundown.
DUNE
A naturally occurring accumulation of sand in wind-formed
ridges or mounds landward of the beach, often characterized by the
natural growth of beach grass (Ammophila breviligulata). Included
in this definition are deposits of fill placed for the purpose of
dune construction.
OPERATE
The same meaning as that given it in the Vehicle and Traffic
Law. A person "operates" a vehicle when he begins to use the mechanism
of the vehicle for the purpose of putting the vehicle in motion even
though he does not move it. "Operate" is markedly broader than "drive"
and includes, among other things, sitting behind the wheel with the
keys in the ignition even if the vehicle is not running.
PROTECTED BIRDS
Birds now or hereafter listed on the New York State and/or
federal threatened or endangered species list.
TRUSTEE BEACHES
Beaches owned and managed by the Trustees. Included within
"Trustee beaches" are the following:
A.
The ocean beaches from the westerly boundary
of the Village of East Hampton to the easterly boundary of the Village
of East Hampton.
B.
The beaches adjacent to the following bodies
of water: Wainscott Pond, Georgica Pond, Hook Pond, Lily Pond and
Town Pond.
TRUSTEES
The Trustees of the Freeholders and Commonality of the Town
of East Hampton.
UNREASONABLE NOISE
The presence of that amount of acoustic energy which causes
temporary or permanent hearing loss in persons exposed and that which
is otherwise injurious or tends to be injurious to the public health
or welfare, causes a nuisance or interferes with the comfortable enjoyment
of life and property of others.
VEHICLE
Any transportation device which is propelled by other than
muscular power.
[Amended 3-16-2001 by L.L. No. 1-2001; 5-18-2001 by L.L. No. 5-2001; 2-15-2002 by L.L. No. 1-2002]
No person shall park or stand a motor vehicle
in the driveway access to the Village-owned property at Sea Spray
Cottages, located east of Ocean Avenue, or on the Village-owned land
adjacent to Hook Pond along said driveway access without first obtaining
a miscellaneous permit from the Village Administrator, which permit
shall be issued on an annual basis. Said permits shall only be issued
to residents of the Village of East Hampton and the Town of East Hampton
for the purposes of access to Hook Pond for fishing and shall require
proof of a valid New York State freshwater fishing license.
Anyone using a beach shall do so with the understanding
that the Trustees and Village Board assume no responsibility for any
injury or damage to any person or property which may be sustained
while using the beach and that the Trustees and Village Board will
not be responsible in any manner for any article that may be stolen
from any structure or automobile or for any automobile or any other
article that may be stolen from a beach.
This article shall be enforced by any duly constituted
law enforcement officer, including any Code Enforcement Officer, having
jurisdiction within the Village of East Hampton and/or by any Bay
Constable of the Town of East Hampton and/or by any Harbor Master
of the Town of East Hampton and/or by any Dog Control Officer of the
Town of East Hampton.
The Village Board shall not amend any section
of this article as the same applies to any Trustee beach without having
first received the written permission of a majority of the Trustees.
In the event that the Trustees shall amend any provision of their
regulations so as to render any section of this article ineffective,
then the Village Board may repeal such provision as it applies to
Trustees beaches without having first obtained the permission of the
Trustees. In the event that the Trustees should amend their regulations
without having obtained the cooperation and agreement of the Village
Board to amend this article accordingly, then the Village Board shall
not be responsible for enforcement of the amended regulations.
[Amended 3-15-2024 by L.L. No. 2-2024]
A. The Trustees have the right to temporarily close or
restrict any beach or portion thereof at any time if deemed appropriate
and necessary. The Trustees shall advise the Village Board of their
decision to order any closure in a manner deemed reasonable under
the circumstances, but failure to do so shall not affect the validity
of such closure or restriction.
B. The East
Hampton Village Police Chief has the right to temporarily close or
restrict any beach or portion thereof at any time if deemed appropriate
and necessary for public safety purposes. The Village shall advise
the Trustees of any such closure in a manner deemed reasonable under
the circumstances, but failure to do so shall not affect the validity
of such closure or restriction. The Trustees shall be notified of
any such closures as soon as practicable but no more than 24 hours
after said closure. In the event the beach remains closed in excess
of 24 hours, the Trustees and the East Hampton Village shall together
determine the timeline for reopening.
[Adopted 2-15-2002 by L.L. No. 1-2002 (Ch.
36 of the 1971 Code)]