It is hereby declared to be the legislative intent of the Town of North Hempstead to provide for the regulation and use of the parks and docks of the Town of North Hempstead and to empower the Town Board to establish fees and charges for the use of the parks and docks of the Town and the facilities located thereat.
[Amended 12-29-1989 by L.L. No. 11-1989[1]]
For the purposes of this chapter, the terms used herein are defined as follows:
CANNABIS
All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin.
[Added 12-16-2021 by L.L. No. 31-2021]
COMMISSIONER
The Commissioner of Parks and Recreation of the Town of North Hempstead or his designee.
DEPUTY COMMISSIONER IN CHARGE OF GARDENS
The Deputy Commissioner in charge of gardens of the Town of North Hempstead or his designee.
ELECTRONIC CIGARETTE
An electronic device that delivers vapor for inhalation. "Electronic cigarette" shall include any refill, cartridge, and any other component of an electronic cigarette. "Electronic cigarette" shall not include any product approved by the Food and Drug Administration for sale as a drug or medical device.
[Added 12-16-2021 by L.L. No. 31-2021]
GARDENS
Includes all botanic gardens or bird sanctuaries and other gardens under the jurisdiction of the Commissioner or Deputy Commissioner in charge of gardens, and such other appurtenances as the Commissioner or Deputy Commissioner in charge of gardens shall utilize, whether the same is now or hereafter owned or acquired by the Town of North Hempstead in fee or otherwise, including all land under and space above the surface of the ground.
PARK or PARKS
Includes all Town and special district parks, playgrounds, athletic fields, swimming pools, beaches, boardwalks and other recreation areas under the jurisdiction of the Commissioner, gardens as defined in this chapter and such other appurtenances as the Commissioner shall utilize, whether the same is now or hereafter owned or acquired by the Town of North Hempstead in fee or otherwise, including all land under and space above the surface of the ground.
RESIDENT
A resident of the Town of North Hempstead is a person who resides in the Town of North Hempstead and has so resided for the previous three months.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or any other lighted tobacco product, cannabis, or any other lighted substance intended for inhalation.
[Added 12-16-2021 by L.L. No. 31-2021]
TOWN DOCK
A wharf, pier or platform built on the shore or out from the shore, providing access to navigable waters of the Town of North Hempstead, which is owned or operated and maintained by the Town of North Hempstead and designated by the Commissioner as a "Town dock."
TOBACCO PRODUCT
Any product made or derived from tobacco or which contains nicotine marketed or sold for human consumption, whether consumption occurs through inhalation, or oral or dermal absorption, including cigarettes, cigars, chewing tobacco, powdered tobacco, bidis, gutka, other tobacco products, or nicotine water. "Tobacco product" does not include drugs, devices, or combination products authorized for sale by the state or U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.[2]
[Added 12-16-2021 by L.L. No. 31-2021]
VAPING
The use of an electronic cigarette or e-cigarette.
[Added 12-16-2021 by L.L. No. 31-2021]
[1]
Editor's Note: This local law also amended the former title of Ch. 39, Regulation of Town Parks and Town Docks, to its present title.
[2]
Editor's Note: See 21 U.S.C. § 301 et seq.
A park or Town dock shall be opened and closed at the times and hours designated by the Commissioner. No person shall use a park at a time and/or hour other than that designated by the Commissioner, and the use of a park or Town dock at a time and/or hour other than that designated by the Commissioner is hereby prohibited. Opening and closing times for the various facilities shall be posted for the convenience of the public. No overnight parking or housing is permitted.
A permit to do any act shall authorize the same insofar as it may be performed in strict accordance with the terms and conditions of said permit. Any violation by its holder of any term or condition shall constitute grounds for revocation by the Commissioner. Applications for all permits and identification cards shall be made to the Commissioner at North Hempstead Park, 1801 Evergreen Avenue, New Hyde Park, New York 11040.
It shall be unlawful for any person to use or gain admittance to or attempt to use or gain admittance to the facilities of a park or Town dock, for the use of which a charge is made by the Town Board, unless he shall pay the charge or fee as fixed by resolution of the Town Board or established by this chapter.
The Town will not be responsible for loss, damage or theft to vehicles, trailers and boats, or to their contents; to any private property; or to contents of lockers. Such loss, whether inside of buildings or on the grounds of a park or Town dock, shall be the responsibility of the patron.
It shall be unlawful for any person to carry onto any beach or enter into any waters adjacent to the beach or to carry into any park facility or Town dock or use in any park facility or Town dock any equipment or device unless approval of such equipment or device, and the use thereof, has been granted by the Commissioner.
It shall be unlawful for any person to disrobe, dress, undress or change clothes on any Town dock or park facility except in the areas designated for such purpose.
Fishing is prohibited from the beaches, piers, floats or bathing areas during the bathing season of each year as stated by the Commissioner except in areas designated by the Commissioner. Digging for worms or clams is prohibited on any areas of the beaches.
A. 
It shall be unlawful for any person to kindle, build, maintain or use a fire anywhere within a park or on a Town dock except in fireplaces provided for that purpose as hereinabove provided or under special permit. Any fire shall be continuously under the care and direction of a competent person over 18 years of age from the time it is kindled until it is extinguished.
B. 
It shall be unlawful for any person to throw away or discard any lighted match, cigar or cigarette within, on or against any building, structure, boat, car, vehicle or enclosure, under any tree or in underbrush or grass, unless it is to deposit the same in a suitable container provided for the reception thereof.
It shall be unlawful for any person to throw or use any ball, beanbag or other similar object, or play any game or engage in model aviation, kite-flying or model boating, except in places designated for such use by the Commissioner. Practicing and/or playing golf or archery is prohibited in any park except in areas designated by the Commissioner.
It shall be unlawful for any person to camp or tent or erect or maintain a tent, shelter or camp in any park or on any Town dock.
[Amended 6-2-2015 by L.L. No. 6-2015]
It shall be unlawful for any person owning or being custodian of any animal to cause or permit such animal to enter a park or enter onto a Town dock, except as follows:
A. 
A disabled person may bring a service dog into a park or onto a Town dock.
B. 
The Commissioner may establish rules, subject to approval by the Town Board, to allow for the presence of dogs in Town parks, Town gardens and on Town docks.
It shall be unlawful for any person to solicit alms or contributions for any commercial purpose or to post, distribute or cast handbills, circulars or advertisements or other matters for advertising purposes at a park or Town dock. Peddling, soliciting or vending of any type is prohibited within a park or Town dock, or within 500 feet of the boundary of any park or Town dock, except as permitted by agreement with the Commissioner, subject to the approval of the Town Board.
It shall be unlawful for any person to take into, carry through, leave in, throw, lay, drop or discharge into or onto a park or Town dock any tin cans, bottles, refuse, garbage, rubbish or waste. Paper cartons or any other type of material or litter must be placed in receptacles provided for that purpose.
The consumption of alcoholic beverages and the bringing in of the same to any park or Town dock is prohibited except in concession areas and picnic areas designated by the Commissioner.
[Added 12-16-2021 by L.L. No. 31-2021]
No person shall smoke or vape within any park, garden, or Town dock.
It shall be unlawful for any person other than a peace officer or police officer to carry any firearms or hunt in or upon any park or Town dock or to discharge any firearm in or upon any park or Town dock.
It shall be unlawful for any person to deface, injure, displace, remove, fill in, raise, destroy or tamper with any drive, path or walk; take up, remove or carry away trees, shrubs, turf or any material or substance; or remove or destroy any structure, building or any appurtenances connected with a park or Town dock or any personal property of the Town located therein.
The New York State Vehicle and Traffic Law regarding traffic control and motor vehicles shall form a part of this chapter. Such additional directions for traffic and motor vehicles as may be posted on signs shall also be regarded as part of this chapter. All persons shall comply with the directions of the parking attendant. The speed limit through the park area shall be 15 miles per hour. All vehicles shall be operated only along areas shown as driveways and in the direction of the road markings.
A. 
Driving instruction. Instruction in operating automobiles or other vehicles is prohibited in all parks or Town docks at all times.
B. 
Repairs. No person in any park or Town dock shall grease or lubricate or make any repairs to any vehicles, except those of a minor nature in case of an emergency.
C. 
No person shall bring any boat into or onto the beach, bathing or parking areas belonging to the Town of North Hempstead by water, on cars or trailers or otherwise, except in, at or upon those areas designated for such use by the Commissioner.
D. 
In the interests of public safety and in the spirit of this chapter, the Commissioner may designate areas in a park or Town dock for the parking of vehicles and the flow of traffic and, accordingly, erect the appropriate signs and mark the pavement. The Commissioner may waive or change these regulations when the need arises.
Every person shall conduct himself in an orderly manner and shall endeavor to cause no discomfort or inconvenience to any person or patron.
It shall be unlawful to take any photograph, either still or motion, or make any video tape when such photograph or tape shall be used for commercial purposes, unless authorized by the Commissioner and subject to such fees fixed by the Commissioner.
A. 
No person shall ride or walk with any bicycle in any park or Town dock, or on any path within any park or Town dock, except in such areas or on such paths or roads designated by the Commissioner and marked as bicycle paths or routes.
[Amended 4-28-2022 by L.L. No. 8-2022]
B. 
No person within any park or Town dock shall leave a bicycle standing alone or otherwise unattended in any path, walk or parking lot except in such areas as are designated by the Commissioner for the parking of such bicycles or in any bicycle rack or other device for the parking of bicycles provided by the Commissioner at such park, Town dock or facility.
[Amended 4-28-2022 by L.L. No. 8-2022]
C. 
Any person who leaves any bicycle in any area designated for the parking of bicycles shall provide such safety and security devices as proper to protect the equipment from theft and/or damage.
A. 
The Town Board shall, upon recommendation of the Commissioner, set the fees and charges for use of any and all facilities and services in any park or Town dock.
B. 
The Town Board, by resolution, shall determine the fees for storing dinghies and canoes at the Bar Beach boat ramp and the Manorhaven Beach Park boat ramp, which boats shall not exceed 14 feet in length and which canoes shall not exceed 18 feet in length. The Town will not be responsible to any resident so using a storage facility for any loss of, damage to or theft of any boat or canoe.
The Commissioner shall adopt rules and regulations governing the use and operation of all parks and Town docks, such rules and regulations being subject to approval by the Town Board. The Commissioner shall compile the text of all rules and regulations as adopted, along with a schedule of fees, and make them available to the public.