[HISTORY: Adopted by the Board of Trustees
of the Village of East Hampton as indicated in article histories.
Amendments noted where applicable.]
[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.
A.
The Town Trustees of the Freeholders and Commonality
of the Town of East Hampton (hereinafter the "Trustees") have ownership
of and authority over certain beach areas within and adjacent to the
boundaries of the Village of East Hampton. The Village Board has such
powers and authority over beaches within and adjacent to its boundaries
as have been granted it under the provisions of the Village Law and
the Municipal Home Rule Law of the State of New York. In an effort
to provide similar, although not identical, rules and regulations
for all beach areas within the Town of East Hampton, the Village Board
and the Town Trustees have promulgated the following rules and regulations
with respect to all beach areas within and adjacent to the boundaries
of the Village.
B.
The provisions of this article shall apply to all
beaches within and the ocean beaches adjacent to the boundaries of
the Village of East Hampton.
For the purpose of this article, the following
terms shall have the meanings indicated:
A means of entry to or exit from a 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.
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.
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.
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.
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.
Birds now or hereafter listed on the New York State and/or
federal threatened or endangered species list.
Beaches owned and managed by the Trustees. Included within
"Trustee beaches" are the following:
The Trustees of the Freeholders and Commonality of the Town
of East Hampton.
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.
Any transportation device which is propelled by other than
muscular power.
A.
No person shall damage, deface, injure, remove, tamper
with or destroy any sign, snow fencing, flagging or other property
located on the beach.
B.
No person shall throw, break, cast, lay or deposit
a glass bottle or pieces of crockery or glass or glassware, fish,
garbage or refuse or any injurious substance of any kind or nature
on any beach. All persons shall dispose of such substances as directed
by law.
C.
No person shall throw, place or deposit fill, sand,
gravel or any other materials, including but not limited to trees,
shrubs or brush, on the beach unless properly authorized by the Trustees.
D.
No person shall erect, construct, reconstruct, enlarge
or alter any structure, including but not limited to any groin, erosion
control device, bulkhead, dock, pipe or other improvement whatsoever,
in, on or under any beach or pond without having obtained any and
all necessary permits and approvals, including those required by the
Trustees.
E.
No person shall maintain a camp, trailer or other
structure, whether temporary or permanent, on the beach.
F.
No person shall disturb or endanger any protected
bird nesting area on the beach. As soon as the protected birds establish
their annual nesting sites, the Trustees or their duly authorized
agent or agents will cause each nesting site to be fenced, roped or
flagged in a manner designed to alert the public that entry is prohibited.
No person shall alter, move, remove or tamper with any fence, rope
or flagging designating such areas. All such fencing shall be removed
at the end of the nesting season.
G.
No person shall erect a fence, barricade or other
impediment to vehicular and/or pedestrian traffic on the beach without
the written consent of the Trustees.
H.
No person shall intentionally obstruct vehicular or
pedestrian access to the beach.
I.
No person shall camp on the beaches. Specific exception
may be granted by the Trustees to organizations such as Boy Scouts,
Girl Scouts and other civic organizations, upon written request.
J.
No person shall camp in the parks or on other public
property in the Village of East Hampton. Specific exception may be
granted by the East Hampton Village Board of Trustees to organizations
such as Boy Scouts, Girl Scouts and other civic organizations, upon
written request.
K.
No person shall camp on private property without written
permission from the owner and only in conformance with other applicable
Village ordinances.
L.
No person shall intentionally engage in fighting or
in violent, tumultuous or threatening behavior on the beach.
M.
No person shall ride, walk or otherwise allow or permit a horse, dog, cat or other animal to be in or upon a protected bird nesting area designated pursuant to § 77-4F at any time.
N.
Animals on the beach.
(1)
No person shall ride, walk or otherwise allow or permit
a dog, cat or other animal to be on or upon any beach from May 15
to September 15 of each year, between the hours of 9:00 a.m. and 6:00
p.m. At all other times during the period from May 15 to September
15 of each year, dogs must be manually restrained on a leash within
areas that are within 300 feet of any road end along the Atlantic
Ocean beaches.
[Amended 5-17-2013 by L.L. No. 13-2013; 11-18-2016 by L.L. No. 13-2016]
(2)
Any individual who permits a dog upon any beach shall
maintain control over said dog at all times and shall take such action
as may be necessary to clean up after such animal.
O.
No person shall make unreasonable noise on the beach
or permit such noise from a radio, vehicle or other instrument under
his or her control.
P.
No person shall disobey the lawful directives of a
lifeguard employed by the Village of East Hampton for the health,
safety and welfare of the public issued in the performance of his
or her duties.
Q.
Beach fires.
[Amended 12-15-2006 by L.L. No. 16-2006]
(1)
No person shall start or maintain a beach fire less
than 50 feet from any beach grass, vegetation, tent or fence or less
than 100 feet from any building or permanent structure or less than
200 feet from any posted water-bird nesting colony.
(2)
No person shall maintain a fire that is greater at
any time than two feet in any dimension.
(3)
All fires must be completely extinguished with as
many buckets of water as is necessary. No person shall extinguish
a fire or embers by covering them with sand.
(4)
No person shall leave a fire unattended. All fires
shall be under constant watch.
(5)
No person shall maintain a beach fire unless a bucket
of water is stationed within 10 feet of the fire.
(6)
No person shall kindle or maintain a fire if the prevailing
wind velocity exceeds 15 miles per hour.
(7)
No person shall start or maintain a fire with any
fuel other than firewood. The use of construction material as fuel
is prohibited.
(8)
In addition to the penalties set forth in § 77-9 of this article, any duly constituted law enforcement officer as set forth in § 77-10 may require a beach fire to be extinguished when deemed dangerous due to wind conditions or size and may prohibit fires when unusually dry conditions exist or whenever other circumstances present an increased fire hazard. None of these provisions shall be construed as relieving any person who lights or maintains a fire from resulting damage to property or persons.
(9)
All
fire debris, including logs and wood, shall be removed from the beach.
[Added 1-15-2010 by L.L.
No. 2-2010]
(10)
All
fires must be contained in a metal container.
[Added 1-15-2010 by L.L.
No. 2-2010]
(11)
No
beach fire shall be set, started, kindled or maintained prior to 6:00
p.m. and must be fully extinguished prior to 12:00 midnight.
[Added 10-20-2017 by L.L.
No. 19-2017]
R.
Alcohol
on the beach.
[Added 4-16-2021 by L.L. No. 9-2021]
(1)
No person shall possess, consume, ingest, or take internally any
alcoholic beverage, nor have in his possession any alcoholic beverage
container which has been opened for the purpose of consuming the contents
thereof, during the hours of lifeguard protection on the beach.
(2)
If there is no lifeguard stationed on the beach, then no person shall
possess, consume, ingest, or take internally any alcoholic beverage,
nor have in his possession any alcoholic beverage container which
has been opened for the purpose of consuming the contents thereof,
from 9:00 a.m. through 5:00 p.m. from May 15 to September 15 of any
year.
(3)
At no time, without a special event permit specifically permitting
such, shall any person possess on any beach an alcoholic beverage
container which is capable of holding in excess of one gallon.
S.
Alcohol, additional.
[Added 4-16-2021 by L.L.
No. 9-2021]
(1)
Except as hereinafter provided, no person under the age of 21 years
shall possess any alcoholic beverage on any beach, with the intent
to consume such beverage.
(2)
A person under the age of 21 years may possess any alcoholic beverage
on any beach with intent to consume if the alcoholic beverage is given:
(a)
To a person who is a student in a curriculum licensed or registered
by the State Education Department and the student is required to taste
or imbibe alcoholic beverages in courses which are a part of the required
curriculum, provided such alcoholic beverages are used only for instructional
purposes during class conducted pursuant to such curriculum; or
(b)
To the person under 21 years of age by that person's parent
or guardian.
(3)
Any person who unlawfully possesses an alcoholic beverage on any
beach with intent to consume may be summoned before and examined by
a court having jurisdiction of that charge; provided, however, that
nothing contained herein shall authorize, or be construed to authorize,
a peace officer as defined in Subdivision 33 of § 1.20 of
the Criminal Procedure Law or a police officer as defined in Subdivision
34 of § 1.20 of such law to arrest a person who unlawfully
possesses an alcoholic beverage with intent to consume. If a determination
is made sustaining such charge, the court may impose a fine not exceeding
$50 and/or completion of an alcohol awareness program established
pursuant to § 19.25 of the Mental Hygiene Law and/or an
appropriate amount of community service not to exceed 30 hours.
(4)
No such determination shall operate as a disqualification of any
such person subsequently to hold public office, public employment,
or as a forfeiture of any right or privilege or to receive any license
granted by public authority, and no such person shall be denominated
a criminal by reason of such determination, nor shall such determination
be deemed a conviction.
(5)
Whenever a peace officer, as defined in Subdivision 33 of § 1.20
of the Criminal Procedure Law, or police officer, as defined in Subdivision
34 of § 1.20 of the Criminal Procedure Law, shall observe
a person under 21 years of age openly in possession of an alcoholic
beverage, as defined in this chapter, on any beach, with the intent
to consume such beverage in violation of this section, said officer
may seize the beverage and shall deliver it to the custody of his
or her department.
(6)
Any alcoholic beverage seized in violation of this section is hereby
declared a nuisance. The official to whom the beverage has been delivered
shall, no earlier than three days following the return date for initial
appearance on the summons, dispose of or destroy the alcoholic beverage
seized or cause it to be disposed of or destroyed. Any person claiming
ownership of an alcoholic beverage seized under this section may,
on the initial return date of the summons or earlier on five days'
notice to the official or department in possession of the beverage,
apply to the court for an order preventing the destruction or disposal
of the alcoholic beverage seized and ordering the return of that beverage.
The court may order the beverage returned if it is determined that
return of the beverage would be in the interest of justice or that
the beverage was improperly seized.
T.
Smoking. No person shall smoke a cigarette, pipe, cigar or similar
smoking substance or engage in any vaping activity at any beach pavilion,
beach parking lot, on the beach within 300 feet of the beach road
end, and/or within 20 feet of any other person on the beach.
[Added 4-16-2021 by L.L.
No. 9-2021]
A.
Requirements.
(1)
No person shall operate or park a vehicle on the beach from May 15
to and including September 15 in any year, between the hours of 9:00
a.m. to 6:00 p.m. Notwithstanding the above, individuals shall be
permitted to drive a vehicle on the beach between the easterly side
of the Two Mile Hollow parking area to the easterly boundary of the
Village at all times, provided that they shall exercise due caution
when traversing through said area and provided, further, that they
are in compliance with all other requirements of this article.
[Amended 11-18-2016 by L.L. No. 14-2016]
(2)
No person shall operate or park a vehicle on that
portion of the beach between the Hook Pond Jetty on the east and the
prolongation southerly on the westerly property line of the HiTide
(known as SCTM#301-13-13-12) on the west, between the hours of 6:00
p.m. and 12:00 midnight on the night of the annual East Hampton Village
Fire Department fireworks display. The provisions of this subsection
shall not apply to vehicles whose occupants are engaged in commercial
net fishing and vehicles whose occupants are actively engaged in the
fireworks display.
[Amended 7-31-2019 by L.L. No. 10-2019]
(3)
No person shall operate a vehicle on the beach unless
said vehicle is registered and displays a valid vehicle registration
license in compliance with the Vehicle and Traffic Law of the State
of New York.
(4)
No person shall operate a vehicle on the beach unless
said vehicle is in compliance with the provisions of the Motor Vehicle
Financial Security Act as contained in Article 6 of the Vehicle and
Traffic Law, requiring liability insurance or other proof of financial
security.
(5)
No person shall operate a vehicle on the beach unless
such vehicle has been issued and displays a valid and proper East
Hampton town resident beach vehicle permit issued by the East Hampton
Town Clerk. Resident permits shall be issued free of charge to all
residents of the Town of East Hampton who shall submit proof of residency
or property ownership within the town and a valid registration in
the name of the resident or property owner. Permits shall be issued
to nonresidents upon payment to the Town Clerk of a nonrefundable
fee of $200. Such nonresident permits shall expire on December 31
of each year. Disabled veterans and individuals possessing a valid
mobility impaired license shall be entitled to a fifty-percent discount
on the cost of the permit. The Town Clerk shall inspect all applications
for permits and determine the validity of the qualifications presented
in accordance with the provisions of this section. The permit shall
be affixed to the rear of the vehicle in the location specified by
the Town Clerk and shall be placed in such location in a manner which
allows the permit to be clearly visible at all times when the vehicle
is in motion.
[Amended 7-31-1998 by L.L. No. 12-1998]
(6)
No person shall operate a vehicle on the beach unless
such vehicle is equipped with a tow rope or chain, jack and spare
tire.
B.
Exemptions. Operators of the following vehicles shall be exempt from the provisions of § 77-5A(1) above, provided that they shall exercise due caution when traversing through restricted bathing areas:
C.
Nesting areas. No person shall operate a vehicle within or upon any protected bird nesting area designated as such by the Trustees or Village Board pursuant to § 77-4F hereof at any time. A violation of the provisions of this subsection shall be punishable by a fine of not less than $250 nor more than $1,000 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the permission to operate a vehicle on the beach heretofore given said person by the Trustees is hereby revoked, automatically and without recourse, for a period of one year. In the event that the violator is also the owner of the vehicle in which the offense occurred, then, in such event, the permit issued to the violator for said vehicle shall be surrendered to the court and shall be subject to removal from the vehicle by a court officer or police officer if not voluntarily surrendered. A person who operates a vehicle on the beach at a time when his permission to do so has been revoked shall be subject to prosecution for criminal trespass, as well as other applicable statutes, under the Penal Law.
D.
Access. No person operating a vehicle shall take access
to the beach other than from existing access points. No person operating
a vehicle shall take access to the beach by climbing over any dune,
bluff or vegetation.
E.
Regulations for beach use by vehicles.
(1)
All operators of vehicles traveling along the beach
shall maintain a distance of no less than 50 feet seaward of the beach
grass line, if possible.
(2)
No person shall operate a vehicle over or upon any
dune, bluff or vegetation.
(3)
No person shall utilize a vehicle on the beach for
the purpose of camping or sleeping.
(4)
No person shall operate a vehicle on the beach during
the period from one-half hour after sunset to one-half hour before
sunrise and at such other times as visibility for a distance of 1,000
feet ahead of such vehicle is not clear, unless such vehicle displays
at least two lighted headlights on the front and two lighted lamps
on the rear.
(5)
No persons shall operate a vehicle on the beach at
a speed in excess of 15 miles per hour.
(6)
No person shall operate a vehicle in a reckless manner
that endangers the safety of other persons.
(7)
Vehicles shall travel in a single line, except when
necessary to pass. In the event that a vehicle operator(s) deems it
necessary and safe to pass another vehicle, he or she shall do so
in a manner so that not more than two vehicles, inclusive of the vehicle
to be passed, are traveling beside each other in any one direction
at any time.
(8)
No operator of a vehicle shall have the right-of-way
over any person on foot.
(9)
No person shall abandon any vehicle on the beach.
A vehicle left unattended for a period of 24 hours or more shall be
deemed abandoned and may be removed to an impound area designated
for the placement of the same by or at the direction of any officer
authorized to enforce this article at the expense of the owner thereof.
The Village Board and Trustees and said enforcement officer shall
not be responsible for damage to any vehicle occasioned by such removal.
Upon impounding an abandoned vehicle, the officer shall make an inquiry
as to the owner of the vehicle and shall notify the owner, if known,
that the vehicle has been impounded and that, if unclaimed, it will
be sold at public auction not less than 10 days after the date such
notice was given. The owner may reclaim the vehicle after proving
ownership and paying an impound fee of $200, plus the costs of removal,
plus a storage fee of $20 per day. If a vehicle remains unclaimed
for a period of 10 days from the date notice is given to the owner
or if the owner cannot be found or ascertained:
(a)
A vehicle having a value of $750 or less may be destroyed,
junked or otherwise disposed of as the officer or the Trustees see
fit.
(b)
A vehicle having a value in excess of $750 shall be
disposed of at a public auction to the highest bidder. The proceeds
from the sale of such vehicle, less the impound fee, costs of removal,
storage fee and costs of sale, shall be held by the Trustees, without
interest, for the benefit of the owner of such vehicle for a period
of one year. If not claimed within said one-year period, such proceeds
shall be paid into the general fund of the Trustees.
(10)
Notwithstanding any provision herein contained to
the contrary, no person shall operate a motorcycle, hovercraft, snowmobile,
all-terrain vehicle or similar vehicle designed for off-road travel
on the beach.
(11)
The provisions of this § 77-5 shall not apply to vehicles operated by the police, fire and rescue services, the dory rescue squad, East Hampton Town Bay Constable, an East Hampton Town Harbor Master, an East Hampton Town Dog Control Officer or other emergency vehicles while actually in the performance of their duties.
A.
Prohibited conduct.
(1)
No person shall operate a vehicle on the beach while
such person's ability is impaired by the consumption of alcohol.
(2)
No person shall operate a vehicle on the beach while
such person has 0.10 of 1% or more by weight of alcohol in his or
her blood as shown by chemical analysis of such person's blood, breath,
urine or saliva, made pursuant to the provisions of § 1194
of the Vehicle and Traffic Law.
(3)
No person shall operate a motor vehicle on the beach
while in an intoxicated condition.
(4)
No person shall operate a vehicle on the beach while
his ability to operate such vehicle is impaired by the use of a drug,
as defined in the Vehicle and Traffic Law.
B.
Sanctions.
(1)
A violation of Subsection A(1) above shall be punishable by a fine of not less than $100 nor more than $250 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the violator's permission to operate a vehicle on the beach is hereby revoked, automatically and without recourse, for a period of one year.
(2)
A violation of Subsection A(2), (3) or (4) above shall be punishable by a fine of not less than $250 nor more than $500 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the violator's permission to operate a vehicle on the beach is hereby revoked, automatically and without recourse, for a period of two years.
(3)
A person who operates a vehicle in violation of any provision of Subsection A, after having been convicted of a violation of any provision of Subsection A within the preceding 10 years, shall be punished by a fine of not less than $350 nor more than $500 or by imprisonment for up to 15 days, or both. Upon conviction of such violation, the violator's permission to operate a vehicle on the beach is hereby revoked, automatically and without recourse, for a period of five years.
(4)
In addition to the penalties set forth herein in Subsection B(1), (2) and (3), in the event that the violator is also the owner of the vehicle in which the offense occurred, then, in such an event, the permit issued to the violator for said vehicle shall be surrendered to the court and shall be subject to removal from the vehicle by a court officer or police officer if not voluntarily surrendered.
(5)
No person shall operate a vehicle on the beach at
a time when his or her permission to do so has been revoked. Violation
of this provision shall be subject to a fine of not less than $500
nor more than $1,000 and imprisonment for a period of not more than
15 days, or both.
C.
Chemical tests.
(1)
Any person who operates a vehicle on the beach shall
be deemed to have given consent to a chemical test of one or more
of the following: breath, blood, urine or saliva, for the purpose
of determining the alcohol and/or drug content of the blood, provided
that:
(a)
Such test is administered by or at the direction of
a police officer, with respect to a chemical test of breath, urine
or saliva, or at the direction of a police officer, with respect to
a chemical test of blood;
(b)
The police officer has reasonable grounds, as such term is defined in § 1194 of the Vehicle and Traffic Law, to believe such person to have been operating in violation of any provision of § 77-6A of this article; and
(c)
The test is administered within two hours after the
person has been lawfully arrested for such violation, in accordance
with the procedures set forth in § 1194 of the Vehicle and
Traffic Law.
(2)
A person arrested for a violation of any provision of § 77-6A of this article shall be advised by the arresting officer that he or she may refuse to submit to the chemical test and that, as a result of such refusal, his or her permission to operate a vehicle on the beach will be revoked immediately and automatically for a period of two years.
(3)
If a person who has been lawfully arrested for a violation of any provision of § 77-6A of this article and who has received the warning provided in Subsection C(2) hereof shall refuse to submit to a chemical test, the permission to operate a vehicle on the beach heretofore given said person by the Trustees is hereby revoked, automatically and without recourse, for a period of two years, regardless of whether the person is convicted of a violation of any provision of Subsection A above, and shall not be restored thereafter without the written approval of the Trustees.
(4)
In addition to the penalties set forth herein in Subsection C(1), (2) and (3), in the event that the violator is also the owner of the vehicle in which the offense occurred, then, in such an event, the permit issued to the violator for said vehicle shall be surrendered to the court and shall be subject to removal from the vehicle by a court officer or police officer if not voluntarily surrendered.
(5)
Chemical test results shall be accorded the same treatment
and effect as provided in § 1195 of the Vehicle and Traffic
Law.
[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.
B.
A violation of the provisions of § 77-4M, § 77-4N(1), § 77-4N(2), § 77-4Q(10), § 77-4R, § 77-5A(1) or of § 77-5A(5) of this article shall be punishable as follows:
[Amended 4-20-2015 by L.L. No. 3-2015[1]; 7-31-2019 by L.L.
No. 9-2019; 4-16-2021 by L.L. No. 9-2021]
(1)
A person
or entity charged with a violation of any of the sections listed above
shall be required to appear or answer within 15 days of the issuance
of a ticket, and shall be subject to a minimum fine of $150.
(2)
Upon
the failure to answer or appear on the return date or any subsequent
adjourned date or to pay the fine when due, a late penalty of $75
shall be added to the minimum fine.
(3)
Upon
the failure to pay the fine within 60 days of the issuance of a ticket,
a late penalty of $150 shall be added to the minimum fine.
(4)
Upon
the failure to pay the fine within 90 days of its due date, a late
penalty of $200 shall be added to the minimum fine.
[1]
Editor's Note: This local law also redesignated former Subsection
B as Subsection C.
D.
A violation of any other provision of this article
shall be punishable as follows:
(1)
For a first offense within a period of 18 months,
by a fine of not less than $100 nor more than $250 or by imprisonment
for up to 15 days, or both.
(2)
For a second offense within a period of 18 months,
by a fine of not less than $250 nor more than $500 or by imprisonment
for up to 15 days, or both.
(3)
For a third offense within a period of 18 months,
by a fine of not less than $400 nor more than $1,000 or by imprisonment
for up to 15 days, or both.
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.
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.
[Adopted 2-15-2002 by L.L. No. 1-2002 (Ch.
36 of the 1971 Code)]
A.
The property on which the Main Beach Pavilion and
Parking Lot #1 (the parking lot adjacent to the Main Beach Pavilion)
are situated was purchased by the Board of Trustees of the Incorporated
Village of East Hampton on June 16, 1937, from private individuals.
The funds to purchase the property were raised from the issuance of
a Village of East Hampton bond secured with the full faith and credit
of the Village taxpayers. The property, then known as the "Maidstone
Bathing Pavilion," was already improved with locker facilities, but
over the years, and through the issuance of additional Village of
East Hampton bonds, the facilities have been further improved and
maintained. When the property was first acquired there were as many
as 300 lockers, and although the total number of lockers has fluctuated,
for many years there was ample opportunity for residents of the Village
and nonresidents to all have the seasonal use of a locker if they
wished. There are now 176 lockers at the Pavilion, of varying sizes,
which have been issued to Village residents and nonresidents on a
seasonal basis according to an informal process by which locker-holders
have been given the first opportunity to be issued the same lockers
in all ensuing seasons. Locker-holders have also been traditionally
entitled to park their vehicles in Lot #1, immediately adjacent to
the Pavilion, while non-locker-holders use the parking lot across
the street. Although a fee is charged for the use of a locker, the
acquisition, renovation and general maintenance of the overall facility
has been underwritten by Village tax revenues. As a result of the
increasing population, the tendency of locker-holders to renew their
request for the same lockers year after year, and the increasing demand
for lockers, the Village has developed a lengthy, virtually stagnant
waiting list for the use of seasonal lockers, with some Village residents
and taxpayers having to wait many, many years for the opportunity
to use a locker, while their taxes subsidize the maintenance of the
lockers and general facilities at the Main Beach Pavilion. Meanwhile,
the majority of lockers are held by non-Village residents.
B.
The Village Board of Trustees finds that it is appropriate
at this time, given the increasing demand for lockers, the general
stagnation of the waiting list, and the fact that these facilities
are supported by Village taxpayer revenues, to codify a procedure
for the seasonal use of the lockers and the parking lot adjacent to
the Pavilion that gives the Village taxpayers a priority. The Pavilion,
including rest rooms, a snack bar and a deck, and the beach next to
the Pavilion, have always been and will continue to be open to members
of the general public, with nonresidents, as always, paying a fee
for the privilege of parking in the municipal lot.
C.
The intent is to utilize the long-established waiting list for lockers by codifying that Village residents will be issued lockers on a first-come-first-served basis. If there are any vacant lockers before the beginning of the season, nonresidents will be issued locker permits on a lottery basis. The intent, furthermore, is to provide for enforceable rules and requirements for the use of the facility generally and to confine the seasonal permit requirements for the Village-owned parking lot across the street from the Pavilion to Chapter 267 of the Code (Vehicle and Traffic).
A.
NONRESIDENT
RESIDENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any individual who does not meet the definition of a resident.
Any individual who:
[Amended 4-19-2002 by L.L. No. 10-2002]
B.
Permits for the use of the lockers located inside
the Main Beach Pavilion shall be issued on a seasonal basis, as follows:
(1)
The Board of Trustees shall, by resolution, establish
the fees to be charged for the use of the lockers, based on the respective
size of the lockers.
(2)
Residents. Village residents who have had the use
of a locker or a locker permit during the previous season shall be
given first opportunity to obtain a permit for the same locker during
the following season. In addition, the Village Clerk shall, on a continuing
basis, maintain a list of Village residents who did not have the use
of a locker during the previous season, but wish to obtain a locker
permit for the following season. The list shall retain the order in
which residents have signed up for a locker. Upon payment of the applicable
fee and upon the submission of proof of Village residency, the Village
Clerk shall issue a seasonal locker permit to those residents who
had lockers the previous season, and then, on a first-come-first-served
basis, to any Village resident desiring the use of a locker.
(3)
Nonresidents. The Village Clerk shall, on a continuing
basis, maintain a list of nonresidents who wish to obtain a locker
permit for the following season. If there are any vacant lockers remaining
upon June 15 of each year, permits for those lockers will be issued
to nonresidents based upon a lottery drawing.
(4)
One sticker only, entitling the vehicle to which the sticker is affixed to park in Lot #1, the lot immediately adjacent to the Main Beach Pavilion, shall be issued with each locker permit. Nonresident locker permit-holders shall pay the fee required under § 267-5C of this Code for the sticker. The sticker must be affixed to a vehicle which is owned or leased by the locker permit-holder or a resident of the same premises in which the permit-holder resides.
(5)
Locker permits and Lot #1 parking stickers are nontransferable
and nonassignable.
(6)
The contents of all lockers must be removed no later
than September 15 of each year.
A.
The Board of Trustees of the Village of East Hampton
may, by resolution, adopt such rules and regulations governing the
use of the general facilities associated with the Main Beach Pavilion
as it shall deem necessary.[1]
[1]
Editor's Note: The Main Beach Rules are included
at the end of this chapter.
B.
All such rules and regulations shall be posted at
the Main Beach Pavilion.
C.
Any violation of the posted rules and regulations
shall be punishable by a fine of not more than $250 or by imprisonment
for up to 15 days, or both.