No motor vehicle of any type whatsoever shall be operated upon the Great South Beach except as hereinafter provided.
The following vehicles may be operated on the Great South Beach, provided that a permit has been issued by the Town Clerk:
A. 
School buses.
B. 
Bottled gas service vehicles.
C. 
Motor vehicles for which a permit under §§ 9-4 and 9-5 hereof has been issued.
A. 
Any person, firm, corporation or partnership may apply hereunder to the Town Clerk of the Town of Brookhaven for a permit to operate a motor vehicle on the Great South Beach. Such application shall state the reasons therefor, the intended use and the times of intended operation, in addition to the information required under § 9-5 hereof. Such application shall be on a form provided therefor and shall be accompanied by a filing fee as established by Town Board resolution. The Town Clerk, in passing upon the application, shall consider whether or not the nature and extent of the intended use is consistent with the public health, safety and welfare and the rules and regulations governing the Fire Island National Seashore. The Town Clerk may grant the application, deny the application or grant the application with limitations and restrictions.
[Amended 3-16-2004 by L.L. No. 9-2004, effective 3-19-2004; 7-18-2019 by L.L. No. 17-2019]
B. 
A permit may be issued under this section only to vehicles which shall be equipped as follows:
(1) 
Tow cable.
(2) 
Fire extinguisher.
(3) 
Jack.
(4) 
Jack board.
(5) 
Shovel.
(6) 
Tire gauge.
(7) 
First aid kit.
(8) 
Spare tire.
(9) 
Flashlight.
A. 
An application for a permit to operate a motor vehicle on the Great South Beach shall be made to the Town Clerk on a form to be provided by him. The applicant shall furnish the following information:
(1) 
The name and address of the applicant's dwelling or residence.
(2) 
Whether a permit issued hereunder has ever been suspended or revoked and, if so, the circumstances thereof.
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
(3) 
In the case of a school bus, the name and number of the school district.
(4) 
The make, model and year of the vehicle for which the permit is sought and current registration number of said vehicle.
(5) 
A statement that the operator is a duly licensed operator under the laws of the State of New York.[1]
[1]
Editor’s Note: Former Subsection B, regarding permit fees, as amended, which immediately followed this subsection, was repealed 1-24-2017 by L.L. No. 4-2017, effective 2-6-2017.
The permit required hereunder shall be carried by the operator of the vehicle on the Great South Beach at all times and shall be displayed upon request to any peace officer or official of the State of New York, County of Suffolk or Town of Brookhaven.
No motor vehicle may be operated on the Great South Beach unless the same is duly registered under the laws of the State of New York. No motor vehicle may be operated upon the Great South Beach by any person unless a permit has been issued by the Town of Brookhaven for such use. No motor vehicle may be operated on the Great South Beach by any person who is not a duly licensed operator under the laws of the State of New York.
It shall be unlawful to operate any vehicle at a speed in excess of 30 miles per hour except in areas where a lesser speed has been posted pursuant to a law, local law, rule or regulation.
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
No motor vehicle shall be operated upon the beach in the use of towing any person in, on, through or over the waters of the Atlantic Ocean.
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
Any violation of this article shall be deemed to be an offense punishable by a fine not to exceed $250 or 10 days' imprisonment, or both. Upon conviction of any violation of § 9-2, 9-7, 9-9 or 9-14 of this article, the permit issued hereunder shall be automatically revoked by the Town Clerk. No permit which has been revoked shall be reissued for a period of one year from the date of such revocation. Upon conviction of any other violation of this article, the permit issued hereunder shall be automatically suspended for a period of one month from the date of suspension.
Any person to whom a permit has been issued by the Town of Islip may operate a motor vehicle on the Great South Beach within the boundaries of the Town of Brookhaven as herein provided.
All permits issued pursuant to this article shall expire on December 31 of the year issued.
It shall be unlawful for any person to operate a motor vehicle on the Great South Beach to carry passengers for hire unless a permit has been issued for such use.
The following motor vehicles may be operated at any time upon the Great South Beach:
A. 
Motor vehicles of the United States of America, the State of New York, the County of Suffolk, the Towns of Brookhaven and Islip, and any agency, instrumentality or department thereof, when used on official business or motor vehicles operated by officers or employees of such governmental agencies when used on official business.
[Amended 10-22-2020 by L.L. No. 12-2020, effective 11-4-2020]
B. 
Motor vehicles commandeered for use by peace officers in the performance of their duties.
C. 
Ambulances or motor vehicles used as ambulances.
D. 
Motor vehicles owned or operated by public utilities subject to the jurisdiction of the Public Service Commission.
E. 
Motor vehicles operated by a Fire Department or Fire District in the performance of its duty.