[Amended 11-9-2004 by L.L. No. 31-2004; 12-15-2006 by L.L. No. 34-2006; 2-4-2016 by L.L. No. 4-2016]
As used in this article and Article
III and Article
IV of this chapter, the following terms shall have the meanings indicated:
BODY-GRIPPING DEVICE
Includes, but is not limited to, any snare (neck, body, or
leg), kill-type trap (Conibear), leghold trap (steel-jaw, padded,
and offset), and any other device designed to grip a body or body
part. Cage and box traps, suitcase-type live beaver traps, and common
rat and mouse traps shall not be considered body-gripping devices.
LITTER
A.
Garbage, refuse, rubbish, and handbills, as such are defined in Chapter
167, and any and all other waste materials which, if thrown or deposited as herein prohibited, tend to create a danger to public health, safety and welfare or render public places or private property unsightly, including newspapers, household waste, yard waste, and construction and demolition debris.def
B.
Illegal/unauthorized signs deemed litter. Any sign erected or
existing in violation of the East Hampton Town Code shall be deemed
"litter" and shall be subject to the provisions of this chapter relating
thereto.
SMALL GAME, BIG GAME
The meanings of these terms shall be as set forth in the
Environmental Conservation Law of the State of New York.
TOWN PARK, PARKLANDS
Any property to which the Town holds fee title ownership,
or for which the Town has been given authority to preserve and to
manage on behalf of others holding title to the premises, utilized
in whole or in part for purposes of active or passive recreation.
WATERFOWL
The meaning of this term shall be as set forth in the Environmental
Conservation Law of the State of New York.
The following guidelines apply to all Town-owned
parklands. Additional guidelines, regulations and restrictions for
specific properties may be set forth elsewhere in this chapter.
A. Permitted activities. East Hampton Town Parklands
shall be open for recreational use 365 days a year, from sunrise to
sunset, unless rules and regulations posted at a particular property
specify otherwise, except that individuals engaged in small game hunting
or fishing may be permitted to do so at such hours as may be permitted
under applicable state and/or county laws, rules or regulations. Recreational
use shall be deemed to include, but shall not be limited to, hiking,
biking, horseback riding, foraging, hunting and fishing (in accordance
with applicable state and local regulations), picnicking and nature
photography. All uses shall be subject to such restrictions as may
be hereinafter set forth.
B. Prohibited conduct.
[Amended 2-4-2016 by L.L.
No. 4-2016]
(1) Litter.
(a)
No person shall throw or deposit litter, as defined herein,
upon any Town parklands.
(b)
A lack of eyewitness testimony shall not bar prosecution under the provisions of §
91-21B(1)(a) of this chapter, and it shall be presumptive evidence, rebuttable by competent evidence, that the identity of the person accused of a violation of these provisions may be established if litter found deposited in violation of these provisions contains substantial evidence of that person's identity.
(2) No person shall willfully destroy, injure, deface, damage, remove
or displace any Town-owned property on any Town parklands.
(3) No person shall be under the influence of intoxicating liquor or
illegal drugs while on any Town parklands.
(4) No person shall maintain a camp, trailer or other structure upon
any Town parklands without the express written authorization of the
Town Board.
(5) No person shall conduct any business, solicitation or advertising
on any Town parklands, except licensed concessionaires or others granted
permission to do so by the Town Board.
(6) No person shall build or set fires on any Town parklands except in
receptacles designed for the same (such as barbecues) in areas designated
for such purposes.
(7) No person shall engage in indecent or disorderly conduct on any Town
parklands or disturb or interfere with other persons occupying any
area under the authority of a permit.
(8) No person shall possess or discharge any fireworks on any Town parklands,
except with the express written permission of the Town Board and any
other agency having jurisdiction.
(9) Any person visiting or using any Town parklands shall comply with
posted regulations and rules and with directions or instructions of
the park manager and/or his/her representatives, park attendants,
lifeguards, police officers, harbormaster and/or bay constable of
the Town of East Hampton, peace officers, and any other individual
designated by the Town Board to enforce the provisions of this chapter.
(10) No person shall engage in any wood-cutting activity on or remove
any wood from any Town parklands, except with the written permission
of the park manager.
The following regulations shall apply to those
properties hereinafter specified.
A. The Grace Estate. All provisions set forth in other
sections of this chapter and in other chapters of the East Hampton
Town Code shall be deemed to generally apply to the Grace Estate,
except that where any other such provisions are inconsistent with
the provisions set forth in this section, the provisions set forth
herein shall apply.
(1) Restrictions on use. The following activities shall
be permitted in all areas of the Grace Estate only in compliance with
the restrictions hereinafter specified:
(a)
Picnic lunches (carry-in, carry-out).
(b)
Educational uses.
[1]
Guided nature walks by naturalists and educators.
[2]
Supervised groups of school children and youth
organizations.
(c)
Research uses, only by written request to the
Grace Estate Management Committee, c/o the Town Supervisor.
(d)
Vehicles, which shall include for purposes of
this provision cars and trucks, shall be permitted access only along
one road from the intersection of Ralph's Landing and Northwest Road
to the shore.
(e)
Hunting in accordance with state and local law,
subject to further limits upon numbers of game taken as may be set
from time to time pursuant to the final management plan.
(2) Prohibited activities. The following activities shall
be prohibited in all areas in the Grace Estate:
(a)
Commercial, residential or industrial use.
(b)
Construction or maintenance of camping accommodations.
(c)
Construction or maintenance of mobile homes.
(d)
Construction or maintenance of billboards.
(e)
Construction or maintenance of advertising materials.
(f)
Active recreation (e.g., golf, organized sports
such as tennis, baseball, etc.).
(l)
Removal of topsoil, sand, gravel, rock or minerals.
(n)
Change in topography of land.
(o)
Removal, destruction or cutting of trees or
plants (except trail maintenance).
(p)
Planting of trees or plants.
(r)
Disturbance or change in natural habitat.
(t)
Grazing of domestic animals.
(w)
Manipulation or alteration of natural watercourses.
(x)
Manipulation or alteration of wetlands or other
water bodies and their shores.
(y)
Activities detrimental to water purity.
(z)
Removal of any historical artifacts.
(aa)
Operation of radios and televisions.
(cc)
Vehicles other than police, fire and government vehicles on any roads or trails within the Grace Estate except as set forth in §
91-23A above.
(dd)
Operation of snowmobiles, dune buggies, motorcycles
or all-terrain vehicles.
(ee)
Operation of motorized boats or aircraft.
B. Hither Woods. Hither Woods is intended for use as
a low intensity recreational, educational and conservation property.
All provisions set forth in other sections of this chapter and in
other chapters of the East Hampton Town Code shall be deemed to generally
apply to Hither Woods, except that where any other such provisions
are inconsistent with the provisions set forth in this section, the
provisions set forth herein shall apply.
(1) Restrictions on use. The following activities shall
be permitted in all areas of Hither Woods only in compliance with
the restrictions hereinafter set forth:
(a)
Motorized vehicles by persons other than authorized
caretaking individuals shall be permitted only with the express written
approval of the Town Board for good cause (such as for purposes of
handicapped access).
(b)
Access to the northerly portion of the property,
lying between the MTA and Block Island Sound, shall be by way of Navy
Road to the east and Hither Hills State Park to the west.
(c)
Access to the southerly portion of the property
shall be by way of Hither Hills State Park.
(2) Prohibited activities. The following activities shall
be prohibited in all areas of Hither Woods:
(a)
Commercial, residential or industrial use.
(b)
Active recreation (e.g., golf, organized sports
such as tennis, baseball, etc.).
(c)
Filling, excavating, dredging, mining, drilling.
(d)
Removal of topsoil, sand, gravel, rock or minerals.
(e)
Removal, destruction or cutting of trees or
plants (except trail maintenance).
(f)
Planting of trees or plants.
(h)
Disturbance change in natural habitat.
(i)
Motorized vehicles other than police, fire and government vehicles, except as set forth in §
91-23B(1) above.
(j)
Operation of snowmobiles, dune buggies, motorcycles
or all-terrain vehicles.
(k)
Operation of motorized boats or aircraft.
(l)
Fires of any kind or type, including any form
of barbecue.
The Town Board may, by resolution duly adopted,
from time to time establish, amend or suspend procedures relating
to the use of Town lands and issuance of permits as may be necessary
to preserve the natural resources of the Township.