Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Beaches — See Ch. 9
Parks and recreation areas — See Ch. 10.
Docks — See Ch. 22.
Coastal erosion hazard areas — See Ch. 76.
Nature preserves — See Ch. 77.

§ 83-1 Vehicle wheels to be covered.

[Amended 10-18-1988 by L.L. No. 24-1988]
No cart, hand truck, wagon, vehicle, bicycle or conveyance of any kind or nature shall be placed, used or operated upon any wooden public walk within the Town of Brookhaven unless all wheels thereof are covered with natural or synthetic rubber, either pneumatic or solid.

§ 83-2 Weight restriction.

No cart, hand truck, wagon, vehicle or conveyance of any kind, other than official governmental vehicles, having a gross weight of more than 1,800 pounds shall be operated upon or across any wooden public walk within the Town of Brookhaven, except at crossings designated for that purpose by the Town Superintendent of Highways or vehicles used for the collection of garbage under a contract with the Town on behalf of a garbage district, in which event the maximum laden weight shall not exceed 1,800 pounds.

§ 83-3 Crossings for overweight vehicles.

The Town Superintendent of Highways shall mark each place where it is permissible for vehicles in excess of 1/2 ton to cross Town boardwalks with two signs, one readable from each direction of approach, worded substantially as follows: "Vehicle Crossing."

§ 83-4 Vehicle width on walks restricted.

[Amended 2-15-1994 by L.L. No. 1-1994, effective 2-22-1994]
No cart, hand truck, wagon, vehicle or conveyance of any kind, other than official governmental vehicles, having an overall width of more than four feet shall be operated upon or across any wooden public walk within the Town of Brookhaven. Further, between April 1 and October 31 of each year, from 7:00 p.m. on Friday through 7:00 a.m. on Monday, the overall width permitted shall be three feet, except for official governmental vehicles and utility service vehicles while going to or returning from emergency service calls.

§ 83-5 Speed limits.

[Amended 10-18-1988 by L.L. No. 24-1988]
No cart, hand truck, wagon, vehicle, bicycle or conveyance of any kind, other than official governmental vehicles responding to emergency service calls, shall be operated at a speed in excess of eight miles per hour upon or across any wooden public walk within the Town of Brookhaven; provided, however, that no self-propelled or motorized vehicle shall be operated upon or across any wooden public walk within the Town of Brookhaven at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing nor in a manner which unreasonably endangers pedestrians or other users of such public walk.

§ 83-6 Hours of operation.

[Amended 10-18-1988 by L.L. No. 24-1988; 2-15-1994 by L.L. No. 1-1994, effective 2-22-1994]
Between April 1 and October 31 of each year, no bicycle or self-propelled or motorized vehicle, other than official governmental vehicles, shall be operated upon or across any wooden public walk within the Town of Brookhaven between the hours of 7:00 p.m. and 7:00 a.m. of the following day.

§ 83-7 Liability insurance.

[Amended 10-18-1988 by L.L. No. 24-1988]
No bicycle or self-propelled or motorized vehicle, other than official governmental vehicles, shall be operated upon or across any wooden public walk within the Town of Brookhaven unless the owner of such vehicle carries a minimum of $1,000,000 combined single-limit bodily injury and property damage and $5,000 medical-payment liability insurance for such vehicle.

§ 83-8 Adequate and effective muffler required.

No self-propelled or motorized vehicle, other than official governmental vehicles, shall be operated upon or across any wooden public walk within the Town of Brookhaven unless such vehicle is equipped with an adequate and effective muffler.

§ 83-9 Parking restrictions.

[Amended 10-18-1988 by L.L. No. 24-1988]
No cart, hand truck, wagon, vehicle, bicycle or conveyance of any kind or nature shall be permitted to park on or occupy any wooden public walk within the Town of Brookhaven between the hours of 7:00 p.m. and 7:00 a.m. of the following day.

§ 83-10 Private vehicles restricted.

[Amended 10-18-1988 by L.L. No. 24-1988; 2-15-1994 by L.L. No. 1-1994, effective 2-22-1994; 4-7-1998 by L.L. No. 10-1998, effective 4-13-1998; 8-14-2001 by L.L. No. 20-2001, effective 8-17-2001]
A. 
The use of private vehicles shall be seasonally restricted as follows:
(1) 
Between April 1 and October 31 of each year, no bicycle, self-propelled or motorized vehicle other than official governmental vehicles and those eligible for business use or special use permits, shall be operated upon or across any wooden public walk.
(2) 
Between November 1 and March 31 of each year, bicycles, and self-propelled or motorized vehicles may be operated upon or across any wooden public walk.
(3) 
No bicycle, self-propelled or motorized vehicle shall at any time be used for the transportation of the public, either for hire or not.
B. 
Exceptions.
(1) 
Bicycles, self-propelled and/or motorized vehicles used for business purposes other than official government vehicles, may be operated upon or across any wooden public walk when authorized by a business use permit issued by the Town Clerk, subject to the following:
(a) 
Upon application therefor to the Town Clerk in such form as said Clerk shall prescribe;
(b) 
Proof of adequate liability insurance, the limits of which shall be determined by said Clerk or the Town Board;
(c) 
Payment of a fee as prescribed by the Town Board.
(2) 
Electrically powered golf or similar type carts used solely for the transport of persons with special needs on account of a handicapping condition(s) may be operated by a bona fide chartered homeowners' association(s) upon or across any wooden public walk when authorized by a special use permit issued by the Town Clerk, subject to the following:
(a) 
Upon application therefor to the Town Clerk in such form as said Clerk shall prescribe;
(b) 
Proof of adequate liability insurance, as set forth in this chapter;
(c) 
Payment of a fee as prescribed by the Town Board.
C. 
All vehicle permits authorized by this section shall be valid from the date of issuance through December 31 of the same year.
D. 
All vehicles authorized by a permit as provided hereinabove shall prominently display the authorizing permit for such vehicle and an identifying name or logo, legible at a distance of at least 15 feet.

§ 83-11 Exempt vehicles. [1]

[Amended 10-18-1998 by L.L. No. 24-1998; 8-14-2001 by L.L. No. 20-2001, effective 8-17-2001]
Exempt vehicles are as follows: official governmental vehicles, including but not limited to bicycles operated by volunteer firemen in the course of their duties, and electrically powered wheelchairs operated and/or used for individuals with special needs due to a bona fide handicapping condition.
[1]
Editor's Note: Former § 83-11, Business use private vehicles; permit required, as amended, was repealed 8-14-2001 by L.L. No. 20-2001, effective 8-17-2001.

§ 83-12 (Reserved)

§ 83-13 Penalties for offenses.

Any person, firm, organization or corporation who violates this chapter shall be guilty of a violation and, upon conviction, shall be punished by a fine of not more than $250. Any person, firm, organization or corporation who violates this chapter after having been convicted of a violation of this chapter within the preceding year shall be punished by a fine of not more than $500. Any person, firm, organization or corporation convicted three or more times of violating this chapter shall be punished by a fine of $500.

§ 83-14 Severability.

[Amended 2-15-1994 by L.L. No. 1-1994, effective 2-22-1994]
If any clause, sentence, paragraph or section of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not impair or invalidate the remainder hereof, but such adjudication shall be confined in its operation to the clause, sentence, paragraph or section directly involved in the controversy in which judgment shall have been rendered.