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:
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]
The Commissioner of Parks and Recreation of the Town of North
Hempstead or his designee.
The Deputy Commissioner in charge of gardens of the Town
of North Hempstead or his designee.
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]
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.
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.
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.
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]
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."
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]
The use of an electronic cigarette or e-cigarette.
[Added 12-16-2021 by L.L. No. 31-2021]
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:
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.
