[HISTORY: Adopted by the Board of Trustees
of the Village of Baxter Estates as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-19-2001 by L.L. No. 1-2001;
amended in its entirety 9-19-2005 by L.L. No. 1-2005]
The Board of Trustees of the Village of Baxter
Estates has determined that it is in the best interests of the Village
and its residents to restrict the use of parkland, including beaches,
owned by or leased to the Village, to Village residents.
As used in this article, the following terms
shall have the meanings indicated:
Any natural person who lives and resides in the Village of
Baxter Estates, and any other natural person who appears by name on
the land records of Nassau County as the owner of real property within
the Village of Baxter Estates.
That parcel of land vested in the Village of Baxter Estates
by resolution heretofore adopted, bounded and described as follows:
beginning at the point on the northerly line of Baxter's (also known
as “Brown's”) Brook where such line intersects the mean
high-water mark of Manhasset Bay, running thence easterly along the
northerly line of such brook to the point where such line intersects
the westerly line of Shore Road, running thence northerly along the
westerly line of Shore Road to the point where such line intersects
the westerly extension of the southerly line of Harbor Road, running
thence westerly along the extension of the southerly line of Harbor
Road to the mean high-water mark of Manhasset Bay, and running thence
southerly along the mean high-water mark of Manhasset Bay to the point
of beginning.
Any parcel of land located within or without the Village
of Baxter Estates that is owned by or leased to the Village and used
or usable by the Village and its residents for park purposes, whether
such park uses are active or passive, including, without limitation,
the Village Beach.
The use of all Village parks is hereby restricted
only to those persons who are residents of the Village of Baxter Estates
at the time of such use, and is hereby further restricted to the period
between sunrise and sunset. No person not a resident of the Village
of Baxter Estates shall enter or go upon any Village park.
Each separate act of going upon or entering
any Village park by a person who is not a resident of the Village
of Baxter Estates shall be a continuing violation of this article.
Each separate act of going upon or entering any Village park by a
resident of the Village of Baxter Estates other than during the period
between sunrise and sunset shall be a continuing violation of this
chapter.
[Amended 8-6-2015 by L.L.
No. 2-2015]
Each and every violation of, or failure to comply with, any
provision of this article shall constitute a violation, punishable
as follows: for a conviction of a first offense, by a fine not more
than $250, or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment; for a conviction of a second offense,
both of which were committed within a period of five years, by a fine
not less than $250, nor more than $500, or imprisonment for a period
not to exceed 15 days, or both such fine and imprisonment; and for
a conviction of a third or subsequent offense, all of which were committed
within a period of five years, by a fine not less than $500, nor more
than $1,000, or imprisonment for a period not to exceed 15 days, or
both such fine and imprisonment. Each day that a violation occurs
or continues shall be deemed a separate and distinct violation hereunder.
