Town of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[Amended 5-26-1992 by L.L. No. 26-1992; 6-8-1999 by L.L. No. 8-1999; 3-23-2004 by L.L. No. 12-2004; 2-28-2006 by L.L. No. 13-2006; 4-11-2006 by L.L. No. 16-2006]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESS ROAD, TOWN
A Town-owned public right-of-way that is open for passage of vehicles, people and animals to a beach, park or recreational area.
ACCESS ROAD, TRUSTEE
A Town Trustee-owned open right-of-way for passage of vehicles, people and animals to a beach, park or recreational area.
BAY BEACH AREA
As defined in Article VII, § 111-31.
BEACH RECREATION FACILITY
Active public parkland, including any building and accessory structure located thereon, within the bounds of the Bay Beach Area and the Ocean Beach Area that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes and managed by the Town Department of Parks and Recreation.
BRIDLE TRAIL
As defined in § 150-4.
COMMERCIAL ENTERPRISE SERVICE PERMIT
A permit issued by the Superintendent of the Department of Parks and Recreation to an individual, commercial entity or not-for-profit organization for use of a public facility for the purpose of providing services or lessons or offering equipment or merchandise for sale or rental, not directly related to Town programming provided through the Department of Parks and Recreation.
CONCESSION
A refreshment, item or activity which is offered for sale or rent at a public facility, subject to bidding requirements.
CONCESSION AGREEMENT
An agreement between the Town and a vendor for the sale or rent of concessions consistent, in the opinion of the Town, with the use of the public facility and, except as otherwise provided by the Town Board, the provisions of Chapter 254, Peddling and Soliciting.
DOG WALKING TRAIL
As defined in § 150-4.
DUNE AREA
A naturally occurring accumulation of sand in wind-formed ridges or mounds landward of the Bay Beach Area or Ocean Beach Area, 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.
FACILITY USE PERMIT
A permit issued by the Superintendent of the Department of Parks and Recreation authorizing use of a beach recreation facility, park recreation facility, park, trail, facility or real property acquired in fee title by the Community Preservation Fund, recreation center or parking areas of an access road (both Town and Trustee) designated as a "parking-by-permit-only area" pursuant to Chapter 312, Vehicles and Traffic, or a permit issued by the Director of Human Services authorizing use of the Hampton Bays, David W. Crohan, Bridgehampton or Westhampton Community Centers, or a permit issued by the Town Management Services Administrator authorizing use of any other Town community centers and other Town-owned buildings.
[Amended 5-26-2009 by L.L. No. 23-2009; 3-23-2010 by L.L. No. 9-2010]
LEASE
As defined in § 31-2.
LICENSING AGREEMENT
As defined in § 31-2.
MANAGEMENT AGREEMENT
As defined in § 31-2.
OCEAN BEACH AREA
As defined in Article VII, § 111-31.
PARK
As defined in § 330-5, active and passive public land designated for park purposes by the Town of Southampton.
PARKING-BY-PERMIT-ONLY AREA
Parking areas of a beach recreation facility, park recreation facility, a recreation center designated pursuant to § 111-2 and posted pursuant to § 111-4A or an access road (both Town and Trustee) regulated pursuant to Chapter 312, Vehicles and Traffic, where parking is restricted to vehicles displaying a resident or nonresident parking permit.
PARK RECREATION FACILITY
Public parkland, including any buildings and accessory structures located thereon, outside of the bounds of the Bay Beach Area and Ocean Beach Area, that is owned by the Town of Southampton and specifically designated for use by Town residents and visitors for recreational purposes and managed by the Town Department of Parks and Recreation. For purposes of this chapter, the following shall be considered a park recreation facility:
[Amended 8-13-2013 by L.L. No. 13-2013]
A. 
The Shinnecock Commercial Fishing Dock. Although owned by Suffolk County and not open to general use by residents and visitors for recreational purposes, the site is subject to an operations and management agreement between Suffolk County and the Town of Southampton administered by the Department of Parks and Recreation.
PARKS AND RECREATION ADVISORY COMMITTEE
As defined in Chapter 60.
PARKS SUPERINTENDENT
The Superintendent of the Department of Parks and Recreation or his or her designee.
PERSON
Includes an individual, any combination of individuals or a corporation.
PUBLIC - PRIVATE PARTNERSHIPS
As defined in § 31-2.
RECREATION CENTER
An assemblage of land, buildings, improvements and equipment for the use of Town residents and visitors for recreational purposes, which may be part of a park or park recreation facility.
RECREATIONAL AREA
As defined in § 31-2.
RECREATIONAL FACILITY
As defined in § 31-2.
RECREATION SERVICE PROVIDER AGREEMENT
An agreement between the Town and an entity to provide professional recreation services, such as golf and baseball instruction, umpiring and similar services, to the public, none of which shall be subject to Town bidding requirements.
SPECIAL MANAGEMENT CONCERN AREA
An area where signage is posted to inform the public about certain environmental conditions such as the likely presence of endangered species and any supplemental rules and regulations in effect.
TOWN BOARD
The Town Board of the Town of Southampton.
TOWN-OWNED HISTORIC BURIAL GROUNDS
All Town-owned historic cemeteries, burial grounds and abandoned cemeteries.
[Added 8-13-2013 by L.L. No. 13-2013]
TOWN TRUSTEES
The Board of Trustees for the Freeholders and Commonalty of the Town of Southampton.
TRAIL
As defined in § 295-2.
A. 
Defacement; damage; graffiti. No person shall deface, destroy, or damage in any manner nor place graffiti on any structure, roadway, sign or building located on a beach recreation facility, park recreation facility, park, trail, recreation center, or an access road (both Town and Trustee).
B. 
Glass objects, litter, refuse and injurious substances. No person shall throw, break, or deposit a glass object, litter or refuse, including household waste, or any injurious substance of any nature on any beach recreation facility, park recreation facility, park, trail or recreation center or upon any parking area or roadway or pathway thereof.
C. 
Reward for information. Any individual, other than a police officer or other enforcement officer, who provides information to appropriate enforcement authorities which leads to the imposition of any fines hereunder or under Chapter 187 or 211 of the Town Code shall receive a payment of 50% of fines collected up to a maximum amount of $1,000.
D. 
Animals. Dogs or other domestic animals shall be allowed on beach recreation facilities, park recreation facilities, parks, trails, recreation centers, or access roads (both Town and Trustee) only as provided for in Chapter 150, Dogs and Other Animals, § 150-5.1, of the Code of the Town of Southampton, and subject to any rules and regulations promulgated under this chapter by the Parks Superintendent and, with respect to Trustee access roads, subject to any terms of any applicable annual management agreement with the Southampton Town Trustees. If posted as a special management concern area, further restrictions may be promulgated from time to time by the Parks Superintendent consistent with the recommendations of the U.S. Fish and Wildlife Services' Atlantic Coast Piping Plover Revised Recovery Plan, including potential requirements for any such animals to be leashed and under the control of their owner or other responsible person at all times, particularly between the months of April 1 through August 31. Rules may also be promulgated to prohibit pets from April 1 through August 31 if pet owners fail to keep any such animals leashed and under control in proximity to an area posted as a special management concern area.
E. 
Prohibited trapping. No person shall set or use body gripping traps for the purposes of hunting or otherwise on any Town-owned lands, including but not limited to Town-owned beach recreation facilities, park recreation facilities, parks, trails, Town access roads, nature preserves, sanctuaries, and lands purchased through the Town's Community Preservation Fund (CPF). The use of such traps on Town-owned lands is prohibited at all times.
F. 
Administration.
(1) 
The Parks Superintendent shall be authorized to designate parking-by-permit-only areas and to promulgate rules and regulations with regard to the operation of Town-owned beach recreation facilities, park recreation facilities, parks, trails and recreation centers not inconsistent with this chapter.
(2) 
The personnel of the Department of Parks and Recreation designated by the Parks Superintendent shall have the authority to administer § 111-2F(1) and all rules and regulations promulgated hereunder. Any person utilizing beach recreation facilities, park recreation facilities, parks, trails or recreation centers shall obey the instructions of said personnel in this regard. Failure to obey said rules and regulations or instructions shall be a violation of this chapter and subject to the penalties set forth in Article IX, § 111-39.
(3) 
The Parks Superintendent shall be authorized to administer permits and promulgate other rules and regulations with regard to designated Town and Trustee access roads which have been regulated as parking-by-permit-only areas pursuant to Chapter 312, Vehicles and Traffic. In the case of Trustee access roads, the terms of an annual management agreement between the Southampton Town Trustees and the Town Department of Parks and Recreation shall expressly state any exceptions thereto, supplemental requirements, or conditions imposed by the Board of Trustees of the Freeholders and Commonalty of Southampton Town.
[Added 8-13-2013 by L.L. No. 13-2013]
A. 
Prohibited acts. The following shall be prohibited on Town-owned historic burial grounds and abandoned cemeteries:
(1) 
Defacement; damage; graffiti. No person shall deface, destroy, or damage in any manner or place graffiti on any structure, roadway, sign, building or gravestone located on a Town-owned historic burial ground and abandoned cemetery.
(2) 
Glass objects, litter, refuse and injurious substances. No person shall throw, break, or deposit a glass object, litter or refuse, including household waste, or any injurious substance of any nature on any Town-owned historic burial ground and abandoned cemetery or upon any parking area, roadway or pathway thereof.
(3) 
Animals. Dogs or other domestic animals shall not be allowed on Town owned historic burial grounds and abandoned cemeteries.
(4) 
Prohibited recreational use. No person shall use Town-owned historic burial grounds and abandoned cemeteries for recreational uses, including but not limited to games such as, football, soccer, baseball, kickball, frisbee and softball; Halloween walks, gravestone rubbing; or any other recreational use that may injure or damage historic grave sites and/or stones.
B. 
Hours. No person shall enter Town-owned historic burial grounds or abandoned cemeteries for any purpose between the hours of 8:00 p.m. and 6:00 a.m.
A. 
Temporary structures. No campers, trailers, tents or temporary structures of any kind may be maintained upon the beach recreation facilities, parks, park recreation facilities, recreation centers, access roads (both Town and Trustee), trails or other properties of the Town of Southampton without a written permit issued by the Superintendent of Parks and Recreation (or, in the case of the Bay Beach Area or Ocean Beach Area, a written permit issued by the Town Trustees), and subject to such rules as may have been adopted and may hereafter be adopted by the Town Board or the Superintendent of Parks and Recreation, or the Town Trustees, as with respect to the Bay Beach Area or Ocean Beach Area.
[Amended 3-23-2010 by L.L. No. 9-2010]
B. 
Vehicles. Vehicles may enter the beach recreation facilities, park recreation facilities, and recreation centers only at designated entrances and may park only in the areas where indicated. Traffic shall proceed through the entrance gate and, except for parking, shall at all times travel toward the exit gate or gates as indicated by signs; provided, however, that no passenger buses or any other commercial vehicles shall be permitted, except those owned or operated by or engaged on behalf of the Town of Southampton or any incorporated village therein or any school district or special district in the Town, or utilized by persons pursuant to a duly issued facility use permit or any utility company while performing maintenance or repair work. In addition, at the discretion of the personnel of the Department of Parks and Recreation, the aforementioned restriction on commercial vehicles shall not apply to passenger vehicles registered for commercial purposes and displaying a valid beach parking permit. All permitted vehicles shall be parked as per markings on the surface or indicating signs and, when leaving, shall come to a complete stop before entering any public road or right-of-way.
C. 
Parking restrictions.
(1) 
There shall be no parking between 9:00 p.m. and 6:00 a.m. at any beach recreation facility, park recreation facility, park, trail or recreation center, with the following exceptions:
(a) 
The parking areas of the Tiana Beach Recreation Facility (both oceanside and bayside) shall be closed from May 15 to September 15 on Fridays and Saturdays from 7:00 p.m. to 6:00 a.m. and is hereby designated a seasonal tow-away zone from May 15 through September 15 on Fridays and Saturdays between the hours of 7:00 p.m. and 6:00 a.m., provided that signs conforming to the New York State Manual of Uniform Traffic Devices are posted conspicuously at this beach recreation facility.
(b) 
The parking areas of the Red Creek Park Recreation Facility shall be closed from 11:00 p.m. to 6:00 a.m. from May 1 through September 30 unless otherwise permitted by the Superintendent of Parks and Recreation for recreational programming.
[Amended 3-23-2010 by L.L. No. 9-2010]
(c) 
The parking areas of the North Sea Community Park Recreation Facility and Southampton Town Recreation Center shall be closed from 11:00 p.m. to 6:00 a.m. unless otherwise permitted by the Superintendent of Parks and Recreation for recreational programming.
[Amended 3-23-2010 by L.L. No. 9-2010]
(d) 
The parking areas of the following beach recreation facilities, park recreation facilities, and recreation centers shall be subject to rules and regulations promulgated by the Superintendent of Parks and Recreation pursuant to § 111-2F(1):
[Amended 3-23-2010 by L.L. No. 9-2010]
[1] 
Ponquogue Bridge Marine Park Recreation Facility and Fishing Piers (Northside and Southside).
[2] 
Shinnecock Commercial Fishing Dock.
[3] 
Conscience Point Marina Park Recreation Facility.
[4] 
East Quogue Village Green Park Recreation Facility and similar places of public assembly under stewardship of the Department of Parks and Recreation.
[5] 
Ocean Road beach access parking-by-permit-only area, Bridgehampton.
(2) 
Facility use permits to use parking areas and other facilities at times and during periods permitted thereunder shall be required for the utilization of-Town beach recreation facilities, park recreation facilities, recreation centers, and access roads (both Town and Trustee) which have been designated as "parking-by-permit-only areas."
D. 
Facility use permits.
[Amended 5-26-2009 by L.L. No. 23-2009; 3-23-2010 by L.L. No. 9-2010]
(1) 
Facility use permits to use parking areas and other facilities of beach recreation facilities, park recreation facilities, recreation centers, and access roads (both Town and Trustee) regulated as a "parking-by-permit-only area" under Chapter 312, Vehicles and Traffic, may be issued, in writing, by the Superintendent of Parks and Recreation, or designated department staff, and may be subject to a nonrefundable permit fee, special conditions, time restrictions and additional rules and regulations pursuant to § 111-2F(1) of this chapter. Facility use permits to use the Hampton Bays, David W. Crohan, Bridgehampton or Westhampton Community Centers may only be issued, in writing, by the Director of Human Services or designated staff and may be subject to a nonrefundable permit fee, special conditions, and time restrictions. Facility use permits for other Town-owned buildings or Town community centers may be issued, in writing, by the Town Management Services Administrator, or designated department staff, and may be subject to a nonrefundable permit fee, special conditions, and time restrictions.
(a) 
Special conditions may include requirements for the provision of portable lavatories at the applicant's expense, furnishing the Town with a comprehensive liability insurance policy naming the Town as an additional insured, imposition of a monetary retainer to guarantee satisfactory condition of the utilized area and/or facilities upon completion of the permitted use period, and other reasonable conditions so as to ensure the public health, safety and welfare and appropriate use of the Town area and/or facility. Additionally, at Trustee-owned access roads, a facility use permit may include conditions promulgated under an annual management agreement between the Town Board and the Town Trustees.
(b) 
Where the activity may impact the health, safety and welfare of the public, as a condition to granting the facility use permit, the Superintendent of Parks and Recreation or the Director of Human Services may require the applicant to reimburse the Town for the costs of increased police protection, public safety oversight, staffing of Parks and Recreation Department personnel, public works facilitation, or other related costs, including any additional equipment, as may be deemed necessary to adequately and safely control and protect the persons attending the activity, the facility, and traffic in and around the facility. Such costs shall be provided to the applicant prior to the issuance of the permit.
(2) 
At a Town-owned beach recreation facility, park recreation facility, or access road (both Town and Trustee) regulated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic, between the hours of 6:00 a.m. and 12:00 midnight, the following activities shall only be permitted under the terms and conditions of a facility use permit duly issued by the Superintendent of Parks and Recreation:
(a) 
Catered events;
(b) 
Barbecues;
(c) 
Concerts, shows, fairs, or dances;
(d) 
Valet parking associated with off-site functions;
(e) 
Staging areas for walkathons, marathons and bike races;
(f) 
Commercial film/photography;
(g) 
Organized or reoccurring parties or gatherings which exceed the regular closure time of the particular facility or parking area;
(h) 
Sporting activities;
(i) 
Seasonal themed activities.
(3) 
A facility use permit is required for any use of Town-owned facilities or real property acquired in fee title by the Community Preservation Fund (CPF) pursuant to Chapter 140 of the Code of the Town of Southampton for requested uses or events which are not inconsistent with the provisions of Chapter 140 of the Town Code.
(a) 
Only noncommercial and not-for-profit fundraising activities open to the public which are directly related to and benefit the hamlet in which the property is located, or which directly benefit the stewardship and management of the subject property, may be permitted. Such noncommercial and not-for-profit fundraising activities are limited to four per year per property. Those activities sponsored by the Town of Southampton shall be exempt from this four-per-year limitation. Any monies received for such activities must be used to directly benefit the hamlet in which the property is located or deposited with an organization specifically authorized to steward or manage the subject property, to be used exclusively to manage the subject property. Notwithstanding all of the foregoing, these restrictions shall not apply to activities sponsored by the Town of Southampton at the following parks:
[Amended 3-15-2018 by L.L. No. 6-2018]
[1] 
Good Ground Park;
[2] 
East Quogue Village Green; and
[3] 
Shinnecock Canal Maritime Park.
(b) 
Prior to approval of a facility use permit for CPF-acquired property, the Superintendent of Parks and Recreation or Director of Human Services shall refer the application or request to the CPF Manager, who shall make a determination whether the proposed activity is compatible with the Community Preservation Fund purpose for which the property was acquired and whether the proposed activity would have a negative impact on the environmental resources, open space/park/recreation or historic character of the property. The CPF Manager may establish certain requirements or special conditions for such activity and may promulgate rules and regulations applicable to all special events and facility uses of CPF lands in addition to the regulations in Chapter 283.
(c) 
These provisions shall apply to those events which are also subject to Chapter 283, Special Events.
(4) 
Failure to obtain a duly authorized facility use permit or deviating from permit conditions is a violation of this chapter.
(5) 
If an applicant's intended use of a facility and/or area, pursuant to a facility use permit, meets the definition of a special event, as defined by Chapter 283 of the Town Code, the applicant must also concurrently secure a special event permit prior to said use at the discretion of the Superintendent of Parks and Recreation.
(6) 
The Director of Human Services, the Superintendent of Parks and Recreation or the Town Management Services Administrator may refer facility use permit applications to the Town Police, Chief Fire Marshal, or any other Town department or advisory board whose expertise and evaluation may be appropriate for review and incorporate any recommendations as conditions of a facility use permit.
(7) 
The Director of Human Services, Superintendent of Parks and Recreation or the Town Management Services Administrator may deny a facility use permit application, in writing, setting forth reasons for the denial and providing copies to the Southampton Town Police Department and Chief Fire Marshal. An applicant who has been denied a facility use permit may appeal such denial to the Public Safety Commission upon filing a request for an appeal and paying the applicable fee with the Town Clerk within 10 days from the date of the written denial.
(a) 
The Public Safety Commission shall hear the appeal in order to show cause why the determination of the Superintendent of Parks and Recreation, the Director of Human Services, or the Town Management Services Administrator should not be upheld. The Public Safety Commission shall consider the potential impacts on Town resources and facilities, and the public health, safety, and welfare of the surrounding community and the Town as a whole.
(b) 
The Public Safety Commission shall render its findings in writing, no later than 10 days from the close of the public hearing. The decision of the Public Safety Commission shall be final and shall constitute the exhaustion of the applicant's administrative remedy.
(8) 
The Superintendent of Parks and Recreation shall conspicuously post signage indicating liability for penalties for failure to obtain a facility use permit as required hereunder at Town-owned beach recreation facilities, park recreation facilities, or access roads (both Town and Trustee) which have been regulated as parking-by-permit-only areas under Chapter 312, Vehicles and Traffic.
(9) 
The Town Board may regulate the following by resolution:
(a) 
Amendments to the fee schedule for facility use permits, which are undertaken outside of the adoption of the Town annual operating budget pursuant to Chapter 8, Budget.
(10) 
The Director of Human Services, the Superintendent of Parks and Recreation, the Town Management Services Administrator, the Chief Fire Marshal, or the Chief of Police shall have the authority to terminate an activity or suspend a facility use permit at facilities within their purview.
(11) 
Facility use permits and use of intoxicating beverages.
(a) 
The Director of Human Services, the Superintendent of Parks and Recreation or the Town Management Services Administrator may authorize the use of intoxicating beverages in his or her discretion in limited circumstances at facilities within their purview. Such authorization shall be in writing under the terms and conditions of a separate alcoholic beverage permit, which specifies times and location of when and where alcoholic beverages are proposed to be present. The applicant must pay the applicable alcoholic beverage permit fee and shall append said permit to the corresponding facility use permit. The following supplemental requirements must also be followed:
[1] 
Discretionary approval by the Director of Human Services, Town Management Services Administrator, or Superintendent of Parks and Recreation as provided for herein for use of intoxicating beverages on Town-owned property is limited to beer and/or wine. The Superintendent of Parks and Recreation is responsible for administering facility use permits and alcoholic beverage permits for beach recreation facilities, park recreation facilities, parks, trails, recreation centers, and public lands abutting access roads (both Town and Trustee) regulated as parking-by-permit-only areas under Chapter 312, Vehicles and Traffic, subject to the provisions of any applicable annual management agreement with the Town Trustees.
[2] 
Beer kegs are prohibited.
[3] 
With respect to alcoholic beverages, consumption from glass containers is prohibited.
(b) 
Discretionary approval by the Town Management Services Administrator, as provided for herein, for use of intoxicating beverages on Town-owned property is limited to community centers and other Town-owned buildings that are not managed by the Department of Parks and Recreation or the Director of Human Services. The Town Management Services Administrator shall require that alcoholic beverages only be served in connection with a catered event in which the caterer has paid the applicable caterer permit fee and has a New York State liquor license and is in good standing per the approved caterers list maintained by the Town Management Services Administrator.
(c) 
The Director of Human Services, the Superintendent of Parks and Recreation or the Town Management Services Administrator shall file a copy of all facility use permits with an appended alcoholic beverage permit with the Town Police and the Chief Fire Marshal, so as to distinguish them as an exception to the provisions of § 111-8B as noted.
(d) 
An alcoholic beverage permit shall be granted only upon the condition that the applicant for such permit agrees in writing to the following:
[1] 
To observe faithfully all laws regulating the distribution and use of alcoholic beverages.
[2] 
To hold the Town harmless and assume full responsibility for any injury or damages to persons or property as a result of the presence or consumption of such alcoholic beverages.
[3] 
To police the conduct of all persons attending or working at the organized activity or event to which the permit is granted so as to prevent any disorderly conduct, drunkenness, or other conduct of such a nature as to materially impair the quiet and enjoyment of other persons using the recreational area.
[4] 
Consumption of alcohol on Town-owned property, if consumed, shall only be done in accordance with the New York State Alcoholic Beverage Control Law.
(e) 
In all cases involving applications for alcoholic beverage permits, the Director of Human Services, the Superintendent of Parks and Recreation or the Town Management Services Administrator may, in his or her discretion, deny such application, in writing, setting forth reasons for the denial and providing copies to the Southampton Town Police Department, and the Chief Fire Marshal. An applicant who has been denied an application for an alcoholic beverage permit may appeal such denial to the Public Safety Commission upon filing a request for an appeal with the Town Clerk and paying the applicable fee within 10 days from the date of the written denial.
[1] 
The Public Safety Commission shall conduct a public hearing with respect to any appeal and shall give the appealing party and any other interested party a reasonable opportunity to be heard, in order to show cause why the determination of the Superintendent of Parks and Recreation, the Director of Human Services, or the Town Management Services Administrator should not be upheld. The Public Safety Commission shall consider the potential impacts on Town resources and facilities, and the public health, safety, and welfare of the surrounding community and the Town as a whole.
[2] 
The Public Safety Commission shall render its findings in writing, no later than 10 days from the close of the public hearing. The decision of the Public Safety Commission shall be final and shall constitute the exhaustion of the applicant's administrative remedy.
E. 
Access roads. Parking on access roads (both Town and Trustee) is regulated by parking-by-permit-only areas pursuant to Chapter 312, Vehicles and Traffic of the Code of the Town of Southampton.
A. 
The Parks Superintendent shall have the authority to designate parking-by-permit-only areas and parking permit requirements for beach recreation facilities, park recreation facilities, parks, and recreation centers. Such designation and parking permit requirements shall be in writing, with signage conspicuously posted in such areas. All vehicles, except those owned, operated or engaged on behalf of the Town or any incorporated village therein, found to be parked in such areas must display a valid permit issued by the Parks Department [when an attendant is on duty] from May 15 through June 30 and at all times from 9:00 a.m. to 9:00 p.m. from July 1 through Labor Day to the extent required by such signage.
[Amended 4-26-2011 by L.L. No. 12-2011]
B. 
Parking permits shall be issued to residents and nonresidents. The Department of Parks and Recreation shall issue resident parking permits to vehicle owners upon submission of satisfactory proof of home ownership or residency and upon payment of the applicable permit fee. Both resident and nonresident parking permits may be issued annually or on a daily basis.
(1) 
The Department of Parks and Recreation shall also issue, to the owner and/or operator of hotels, motels, bed-and-breakfasts, inns, conference centers and similar facilities operating within the Town of Southampton, one annual nonresident parking permit per room accommodation at the applicable permit fee. The permit shall include the name of the facility.
(2) 
The Town Board may, by resolution and upon recommendation of the Parks Superintendent, designate additional offices or departments with the authority to issue parking permits to vehicle owners upon submission of satisfactory proof of ownership and the applicable permit fee. However, all such offices or departments shall follow uniform procedures established by the Parks Superintendent concerning issuance of parking permits.
C. 
The Town Board may regulate the following by resolution:
(1) 
Amendments to the fee schedule for resident and nonresident parking permits and Town employee parking permits, which are undertaken outside of the adoption of the Town annual operating budget pursuant to Chapter 8, Budget.
(2) 
Resident use and nonresident use of certain designated Town-owned beach recreation facility, park recreation facility, parks and recreation centers.
(3) 
Procedures for termination of parking permits and renewal.
(4) 
Parking permits for night fishing.
(5) 
Special courtesy parking permits.
D. 
The Parks Superintendent shall have the authority to revoke or suspend a parking permit for cause. Any suspension shall be in writing, and the Parks Superintendent shall set forth the reasons for the revocation or suspension and provide copies to the Town Board, Town Police Department and the Department of Public Safety.
E. 
Any resident and/or taxpayer residing in the Incorporated Village of Sag Harbor, but within the boundaries of the Town of East Hampton, shall be eligible to purchase a resident permit.
F. 
At all access roads (both Town and Trustee) which have been regulated as a parking-by-permit-only area pursuant to Chapter 312, Vehicles and Traffic, the Parks Superintendent shall have the authority to install supplemental signage and pavement markings consistent with Chapter 111 and Chapter 150 (Dogs and Other Animals) and pursuant to the terms of any applicable annual management agreement with the Southampton Town Trustees.
The Town shall not be liable for any injury to any person or damage or loss of any property located on any beach recreation facility, park recreation facility, park, trail, recreation center, or access road (both Town and Trustee) regulated as a parking-by-permit-only area pursuant to Chapter 312, Vehicles and Traffic.
No person shall display a parking permit unless duly issued by the Department of Parks and Recreation. A person who has obtained more than one parking permit shall not display or use such permit in any manner, unless such permit has been obtained to replace a previously lost or defaced parking permit.
A. 
The selling, vending or offering for sale of any wares or merchandise, or services, including but not limited to lessons, equipment rental or transportation service, or the peddling and distribution of any tickets for admission to entertainment or other functions or chances or lotteries or the distribution of leaflets, booklets or any advertising material is strictly prohibited at beach recreation facilities, park recreation facilities, parks, trails, recreation centers, and access roads (both Town and Trustee) designated as parking-by-permit-only areas pursuant to Chapter 312, Vehicles and Traffic; provided, however, that any such activities conducted pursuant to concession agreements, commercial enterprise service permits, recreation service provider agreements, management agreements, licensing agreements, special event permits and facility use permits wherein express authorization is provided and in such instances as the Town Board may approve, by duly adopted resolution, shall be permitted.
B. 
Concession agreements.
(1) 
The Parks Superintendent shall require concession agreements to be consistent with Chapter 254, Peddling and Soliciting, of the Town Code, and any exceptions thereto shall be expressly stated in the concession agreement, subject to Town Board approval by duly adopted resolution.
(a) 
The provisions of § 254-10E, Stationary sales prohibited, shall not apply to approved concessions at beach recreation facilities, park recreation facilities, parks, trails and recreation centers, and access roads (both Town and Trustee) regulated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic.
(b) 
Waivers or a reduction in fee for concession agreements is authorized where the peddler's permit fee established by Chapter 254, Peddling and Soliciting, is found by the Parks Superintendent to be a disincentive to recommended service provision at a beach recreation facility, park recreation facility, park, recreation center, and access roads (both Town and Trustee) regulated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic. The Parks Superintendent shall issue his/her findings in writing and state the reasons for the fee adjustment. Additionally, the Parks Superintendent shall request that the Town Comptroller prepare an interfund transfer by Town Board resolution from the revenues collected by the office of the Town Clerk for such approved peddler/concessionaire authorized for a concession agreement fee adjustment.
(2) 
The Parks Superintendent may authorize interim concession agreements in cases where no bids have been received or a pilot concession offering is being considered with insufficient time to conform to procurement policies. Such interim concession agreement shall not exceed one year in duration and shall require Town Board approval by duly adopted resolution.
(3) 
For purposes of this subsection, concessions shall not include the selling or vending of services and lessons or offering equipment for sale or rental under the terms and provisions of an approved commercial enterprise service permit, as provided for in § 111-7C below.
(4) 
For purposes of this subsection, concessions shall not include selling or vending of services and lessons, or offering equipment for sale or rental related to Town programming provided by the Department of Parks and Recreation and subject to the terms and provisions of a recreation service provider agreement, as provided for in § 111-7D below.
C. 
Commercial enterprise service permits.
(1) 
Commercial enterprise service permits for use of a beach recreation facility, park recreation facility, park, recreation center, or access road (both Town and Trustee) regulated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic, may is issued, in writing, by the Parks Superintendent and may be subject to a commercial enterprise service fee, special conditions, time restrictions, and additional rules and regulations as deemed necessary by the Parks Superintendent.
(2) 
The following activities require a commercial enterprise service permit:
(a) 
The selling, vending, or offering for sale of any services or lessons or offering equipment or merchandise for sale or rental not related to Town programming provided through the Department of Parks and Recreation, by any person, commercial entity, or not-for-profit organization.
(b) 
The selling, vending, or offering for sale of any transportation services not related to Town programming provided through the Department of Parks and Recreation.
(3) 
Upon a showing by the applicant for a permit that he/she is willing and able to comply with the regulations promulgated by the Parks Superintendent, a permit may be issued upon payment of the applicable fee.
(4) 
The Parks Superintendent may refer Commercial Enterprise Service Permit applications to the Town Board, Parks and Recreation Advisory Committee, Town Police, or Department of Public Safety for review, and incorporate any recommendations as conditions of a Commercial Enterprise Service Permit.
(5) 
The Parks Superintendent may, in his or her discretion, deny a commercial enterprise service permit application, in writing, setting forth the reasons for the denial, and providing copies to the Town Board, Town Police Department, and the Department of Public Safety.
(6) 
The Town Board may regulate the following by resolution:
(a) 
Amendments to the fee schedule for commercial enterprise service permits, which are taken outside of the adoption of the Town annual operating budget, pursuant to Chapter 8, Budget.
(b) 
Procedures for termination of commercial enterprise service permits and renewal.
(7) 
The Parks Superintendent shall have the authority to suspend a commercial enterprise service permit, for cause. Any suspension shall be in writing, and the Parks Superintendent shall set the reasons for the suspension and provide copies to the Town Board, Town Police Department, and the Department of Public Safety.
D. 
Recreation service provider agreements.
(1) 
Recreation service provider agreements for use of a recreational area or recreational facility for Town programming related to the Department of Parks and Recreation may be issued, in writing, by the Parks Superintendent and may be subject to a recreation service provider fee arrangement, special conditions, time restrictions, and additional rules and regulations as deemed necessary by the Parks Superintendent.
(2) 
The Parks Superintendent shall establish and maintain a master list of recreation service providers and recreation service provider agreements.
(3) 
The Parks Superintendent shall have the authority to revoke a recreation service provider agreement, for cause. Any revocation shall be in writing, and the Parks Superintendent shall set forth the reasons for the revocation and provide copies to the Town Board, Town Police Department, and the Department of Public Safety.
(4) 
Recreation service provider agreements shall not apply to concessions (e.g., wares or merchandise, refreshments or food service), which are subject to bidding requirements.
E. 
Management agreements; licensing agreements; special event permits; facility use permits.
(1) 
Management agreements, in accordance with Chapter 31, Recreational Management and Stewardship Agreements, of the Town Code, may allow for merchandise vending, distribution of literature, commercial enterprises, and recreation service provisions, subject to Town Board approval and annual review by the Department of Parks and Recreation and Office of General Services.
(2) 
Licensing agreements, in accordance with Chapter 31, Recreational Management and Stewardship Agreements, of the Town Code, may allow for merchandise vending, distribution of literature, commercial enterprises, and recreation service provisions, subject to Town Board approval and annual review by the Department of Parks and Recreation and Office of General Services.
(3) 
Special event permits, subject to Chapter 283 of the Town Code, may allow for merchandise vending, distribution of literature, commercial enterprises, and recreation service provisions, but only to the extent authorized by the Town Board. The Parks Superintendent shall annotate such authorization as a special condition of the facility use permit, consistent with an approved special event permit application.
(4) 
Facility use permits, subject to § 111-3D of the Town Code, may allow for merchandise vending, distribution of literature, commercial enterprises, and recreation service provisions, but only to the extent authorized by the Parks Superintendent as a special condition of the facility use permit, unless otherwise permitted as part of a special event permit authorized by the Town Board by duly adopted resolution.
A. 
Surfboards and windsurfing equipment. No person shall use a surfboard or windsurfing equipment within 150 feet of any designated swimming area of a beach recreation facility. Use of surfboards or windsurfing equipment in the Ocean Beach Area or Bay Beach Area within 150 feet in proximity to an access road (both Town and Trustee) which has been regulated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic, shall be subject to rules and regulations posted by the Parks Superintendent pursuant to the terms of any applicable annual management agreement with the Southampton Town Trustees.
B. 
Intoxicating beverages. No person shall have in his or her possession or engage in the consumption or use of beer, wine, liquor or any other intoxicating beverage at any of the beach recreation facilities, park recreation facilities, parks, trails, recreation centers, or access roads (both Town and Trustee) which have been regulated as a parking-by-permit-only area under Chapter 312, Vehicles and Traffic, except by written permission of the Town Board as a condition of an approved special event permit in accordance with Chapter 283 of the Town Code or under the terms of an approved facility use permit appended with an approved alcoholic beverage permit pursuant to § 111-3D(10) of this chapter.