[Adopted 9-24-1991 by L.L. No. 21-1991]
This local law is adopted by the Town Board
of the Town of East Hampton pursuant to the authority granted the
Board under the provisions of the Municipal Home Rule Law of the State
of New York.
A.
The Trustees and the Town Board each have ownership
of and authority over certain beach areas within the boundaries of
the Town of East Hampton. In an effort to provide uniform rules and
regulations for all beach areas within the Township, the Town Board
and the Trustees have promulgated the following rules and regulations
with respect to all beach areas within the boundaries of the Township.
B.
The provisions of this local law shall apply to the
following areas:
(1)
The ocean beaches from the westerly boundary of the
Town of East Hampton to the Montauk State Park, exclusive of those
areas located within the boundaries of the incorporated Villages of
East Hampton and Sag Harbor.
(2)
All other beaches within the boundaries of the Township,
exclusive of those areas located within the boundaries of any incorporated
village.
[Amended 2-4-2016 by L.L.
No. 4-2016]
For the purpose of this article, the following
terms shall have the meanings indicated:
A means of entry to or exit from a beach.
All land lying between a body of fresh- or salt water and
the base of a bluff or dune. In cases where there is no bluff or dune
present, then the "beach" shall be all land lying between such body
of water and the naturally occurring beach grass or the upland vegetation
if no naturally occurring beach grass is present.
A formation of land which is landward of the natural beach
and which rises sharply from its base to a bluff line where the natural
land contours resume a gradual slope.
A naturally occurring accumulation of sand in wind-formed
ridges or mounds landward of the beach, 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.
Any product containing or delivering nicotine or any other
substance intended for human consumption that can be used by a person
in any manner for the purpose of inhaling vapor or aerosol from the
product. The term includes any such device, whether manufactured,
distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, or vape pen, or under any other product name or descriptor.
[Added 5-19-2022 by L.L. No. 15-2022]
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.
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.
The term "operate" shall have the same meaning as that given
it in the Vehicle and Traffic Law. A person "operates" a vehicle when
he begins to use the mechanism of the vehicle for the purpose of putting
the vehicle in motion even though he does not move it. "Operate" is
markedly broader than "drive" and includes, among other things, sitting
behind the wheel with the keys in the ignition even if the vehicle
is not running.
Birds now or hereafter listed on the New York State and/or
federal threatened or endangered species list.
Inhaling, exhaling, burning, or carrying any lighted or heated
cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco
or plant product intended for inhalation, including marijuana, whether
natural or synthetic, in any manner or in any form. "Smoking" includes
the use of an electronic smoking device which creates an aerosol or
vapor, in any manner or in any form, or the use of any oral smoking
device for the purpose of circumventing the prohibition of smoking
in this article.
[Added 5-19-2022 by L.L. No. 15-2022]
Beaches owned and/or managed by the East Hampton Town Board.
Included within "town beaches" are all beaches within the boundaries
of the Town of East Hampton, exclusive of those beaches located within
the boundaries of the incorporated Villages of East Hampton and Sag
Harbor and exclusive of Trustee beaches, as hereinafter defined.
Beaches owned and managed by the Trustees of the Freeholders
and Commonalty of the Town of East Hampton. Included within "Trustee
beaches" are the following:
The ocean beaches from the westerly boundary
of the Town of East Hampton to the westerly boundary of Hither Hills
State Park.
The beaches adjacent to the following bodies
of water: Wainscott Pond, Georgica Pond, Napeague Harbor, Gardiners
Bay, Fresh Pond, Accabonac Creek and Harbor, Fussy's Pond, Hog Creek,
Three Mile Harbor, Duck Creek, Hands Creek, Alewive Brook, Northwest
Harbor, Northwest Creek, Little Northwest Creek and Sag Harbor.
Specifically excluded from the definition of
Trustee beaches are the following beaches: Sammys Beach above mean
high water; Maidstone Park Beach from the westerly boundary of Flagg
Hole Road to the inlet of Three Mile Harbor; the beach adjacent to
Gardiners Bay lying between Alberts Landing Road and Barnes Hole Road;
and all beaches lying east of the westerly boundary of Hither Hills
State Park (Montauk).
The presence of that amount of acoustic energy which causes temporary or permanent hearing loss in persons exposed; that which is otherwise injurious or tends to be injurious to the public health or welfare, causes a nuisance or interferes with the comfortable enjoyment of life and property of others; or that which exceeds the standards or restrictions set forth in Chapter 185, Noise, of the Town Code.
Any transportation device which is propelled by other than
muscular power.
A.
No person shall damage, deface, injure, remove, tamper
with or destroy any legal Town or Trustee sign, snow fencing, flagging
or other property located on the beach.
[Amended 3-17-2006 by L.L. No. 7-2006; 6-6-2013 by L.L. No.
4-2013; 2-4-2016 by L.L. No. 4-2016]
B.
Littering.
[Amended 2-4-2016 by L.L.
No. 4-2016]
(1)
No person shall throw or deposit litter, as defined herein, upon
any beach or in or upon any bay, lake, pond, stream or other body
of water.
(2)
A lack of eyewitness testimony shall not bar prosecution under the provisions of § 91-4B(1) 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.
C.
No person shall throw, place or deposit fill, sand,
gravel or any other materials, including but not limited to trees,
shrubs or brush, on the beach unless properly authorized by the Trustees
or Town Board.
D.
No person shall erect, construct, reconstruct, enlarge
or alter any structure, including but not limited to any groin, erosion
control device, bulkhead, dock, pipe or other improvement whatsoever,
in, on or under any beach without having obtained any and all necessary
permits and approvals, including those required by the Trustees.
E.
No person shall maintain a camp, trailer or other
structure, whether temporary or permanent, on the beach.
F.
No person shall disturb or endanger any protected
bird nesting area on the beach. As soon as the protected birds establish
their annual nesting sites, the Trustees or the Town Board or their
duly authorized agent or agents will cause each nesting site to be
fenced, roped or flagged in a manner designed to alert the public
that entry is prohibited. No person shall alter, move, remove or tamper
with any fence, rope or flagging designating such areas. All such
fencing shall be removed at the end of the nesting season.
G.
No person shall erect a fence, barricade or other
impediment to vehicular and/or pedestrian traffic on the beach without
the written consent of the Trustees or Town Board.
H.
No person shall intentionally obstruct vehicular or
pedestrian access to the beach.
I.
No person shall camp on the beach. Camping shall include
but not be limited to the use of any vehicle to sleep in; the use
of a tent or other temporary structure to sleep in; or sleeping on
the beach after sundown. Specific exception may be granted by the
Trustees or the Town Board to organizations such as Boy Scouts, Girl
Scouts, etc., upon written request.
[Amended 3-17-2006 by L.L. No. 7-2006; 6-6-2013 by L.L. No.
4-2013; 2-4-2016 by L.L. No. 4-2016]
J.
No person shall intentionally engage in fighting or
in violent, tumultuous or threatening behavior on the beach.
K.
No person shall ride, walk or otherwise allow or permit a horse, dog, cat or other animal to be in or upon a protected bird nesting area designated pursuant to § 91-4F at any time.
[Amended 11-1-1991 by L.L. No. 26-1991]
L.
Animals on the beach.
[Amended 11-1-1991 by L.L. No. 26-1991]
(1)
No person shall ride, walk, or otherwise allow or permit a dog, cat or other animal to be on or upon any beach designated in § 91-5B(2)(a) through (d) or at any paved road end for a distance of 300 feet in either direction from such road end along bay beaches and 500 feet in either direction from such road end along Atlantic Ocean beaches from May 15 to September 15 of each year, between the hours of 10:00 a.m. and 6:00 p.m. An animal may be transported through a restricted area, provided that the animal is manually restrained within this area.
[Amended 8-1-2003 by L.L. No. 21-2003; 3-18-2004 by L.L. No.
5-2004; 5-5-2006 by L.L. No. 13-2006]
(2)
No person shall ride, walk or otherwise allow or permit a horse to be on or upon any beach designated in § 91-5B(2)(a), (b) or (c) or any beach at any paved road end for a distance of 300 feet in either direction from such road end from May 15 to September 15 of each year, between the hours of 10:00 a.m. and 6:00 p.m.
(3)
No person shall ride, walk or otherwise allow a horse
to traverse the portion of the beach from the eastern boundary of
Hither Hills State Park to the westerly side of Camp Hero State Park
from May 1 to November 15, inclusive, of each year.
(4)
No person shall ride, walk or otherwise allow a horse
to traverse any of the upland areas of Rheinstein Park, Montauk. Said
prohibition is effective for each day of each calendar year.
M.
No person shall make unreasonable noise on the beach
or permit such noise from a radio, vehicle or other instrument under
his or her control.
N.
No person shall disobey the lawful directives of a
lifeguard employed by the Town of East Hampton for the health, safety
and welfare of the public, issued in the performance of his or her
duties.
O.
No
person shall set, feed or maintain a fire on any beach unless the
following regulations are complied with:
[Amended 4-7-2016 by L.L.
No. 8-2016]
(1)
Beach fires shall not be started or maintained less than 50 feet
from any beach grass, vegetation, tent, fence, building or permanent
structure, nor within 100 feet of any lifeguard stand. Should there
not be enough beach to comply with the fifty-foot setback, the location
of a beach fire may be reduced to 25 feet from any beach grass, vegetation,
tent, fence, building, or permanent structure, but in no instance
may a beach fire be located less than 25 feet from any beach grass,
vegetation, tent, fence, building, or permanent structure.
(2)
Beach fires shall only burn whole, natural wood. No chemically treated
wood, or painted wood or wood containing nails, nor wood or plastic
pallets shall be used.
(3)
Metal, plastic or glass shall not be placed or thrown into the fire.
(4)
No beach fire shall be left unattended.
(5)
A Fire Marshal, Marine Patrol Officer, any person in the Division
of Code Enforcement or police officer may require that a beach fire
be extinguished when deemed to be dangerous due to wind condition,
size or whenever atmospheric or other circumstances present an increased
fire hazard that threatens public safety.
(6)
No beach fire shall be started, kindled or maintained if the prevailing
wind velocity exceeds 20 miles per hour. However, the Fire Marshal,
Marine Patrol Officer, any person in the Division of Code Enforcement
or police officer may exercise discretion in requiring that a fire
be extinguished when wind velocity exceeds 10 miles per hour.
(7)
A two-gallon bucket of water must be kept within 10 feet of the beach
fire at all times.
(8)
No beach fire shall be set, started, kindled or maintained prior
to 5:00 p.m. and must be fully extinguished prior to 12:00 midnight.
(9)
A beach fire must be fully and completely extinguished with water.
No burning, smoldering, smoking, hot embers or debris shall be left
on the beach. No beach fire shall be buried or extinguished with sand.
(10)
All fire debris must be removed and disposed of properly and the
site must be restored to its natural condition at the conclusion of
a beach fire.
(11)
All beach fires must be fully contained within a metal container.
P.
No licensed peddler engaged in the sale of food at Town beaches pursuant to Chapter 198 of this Code, and no other vendor of food or other goods or items at Town beaches, shall sell or offer for sale any food, drink, or other consumables, nor any other goods or merchandise of any kind, in bottles or containers which are made of glass.
[Added 10-4-2002 by L.L. No. 30-2002]
Q.
Smoking
is prohibited within 500 feet in any direction of any lifeguard area
of protection during the hours of lifeguard protection at all Town
Beaches.
[Added 5-19-2022 by L.L. No. 15-2022]
A.
Requirements.
(1)
No person shall operate a vehicle on the beach unless
said vehicle is registered and displays a valid vehicle registration
license.
(2)
No person shall operate a vehicle on the beach unless
said person has a valid driver's license.
(3)
No person shall operate a vehicle on the beach unless
said vehicle is in compliance with the provisions of the Motor Vehicle
Financial Security Act as contained in Article 6 of the Vehicle and
Traffic Law, requiring liability insurance or other proof of financial
security.
(4)
No person shall operate a vehicle on the beach unless said vehicle
has been issued and displays a valid and proper East Hampton Town
beach vehicle permit issued by the East Hampton Town Clerk.
[Amended 5-1-1998 by L.L.
No. 17-1998; 9-18-1998 by L.L. No. 31-1998; 4-4-2008 by L.L. No. 6-2008; 6-6-2013 by L.L. No. 4-2013; 2-4-2016 by L.L. No. 4-2016]
(a)
Resident permits shall be issued free of charge to all residents
of the Town of East Hampton who shall submit proof of residency or
property ownership within the Township and a valid registration in
the name of the resident or property owner. Resident beach vehicle
permits shall expire on December 31 of years ending in "5" or "0."
Notwithstanding the date of issuance, resident beach vehicle permits
shall expire on the date set forth thereon.
(b)
Nonresident permits shall be issued by the Town Clerk. A fee
for said permit shall be set from time to time by resolution of the
Town Board and shall be paid by the applicant to the Town Clerk. Such
nonresident permits shall expire on December 31 of each year. Disabled
veterans and individuals possessing a valid mobility-impaired license
plate shall be entitled to a 50% discount on the cost of the permit.
(c)
Permit shall be affixed to the vehicle in the location specified
by the Town Clerk and shall be placed in such location in a manner
which allows the permit to be clearly visible at all times when the
vehicle is in motion.
(5)
No person shall operate a vehicle on the beach unless such vehicle
is equipped with a towrope or chain, jack, fire extinguisher and spare
tire.
[Amended 3-7-2019 by L.L.
No. 10-2019]
B.
Restricted beach areas.
(1)
Year-round. No person shall operate a vehicle on the
following beaches at any time, except at designated launching ramp
sites, if the same should exist at the subject location:
[Amended 5-15-1992 by L.L. No. 14-1992]
(a)
The beach located on the Accabonac Harbor side of
Louse Point from Louse Point to the southernmost point of East Harbor,
except the public launching ramp area.
(b)
The beach located on the Gardiners Bay side of Louse
Point from Louse Point to a distance 300 feet south thereof.
(c)
The bay beach along Gardiner's Bay at the town-owned
premises known as Maidstone Park, from the south side of Flaggy Hole
Road to the jetty.
(2)
Seasonal. No person shall operate or park a vehicle
on the following restricted beaches from the Thursday before Memorial
Day to September 15 of each year, between the hours of 10:00 a.m.
and 6:00 p.m.:
(a)
Any ocean beach between the westerly boundary of the
Town of East Hampton and the westerly boundary of the Village of East
Hampton.
(b)
The ocean beach lying between the westerly side of
Indian Wells Beach and the easterly side of Atlantic Avenue Beach.
(c)
The ocean beach lying south of Napeague Lane, as designated
by the Trustees.
(d)
Any ocean beach between the western boundary of Camp
Hero State Park and the easterly boundary of Hither Hills State Park.
[Added 11-1-1991 by L.L. No. 26-1991]
(e)
All town-owned beaches fronting on Fort Pond Bay to
the north and bounded by Navy Road to the south, in the hamlet of
Montauk, including but not exclusive of that portion of town-owned
beach bounded on the west by parcel SCTM 300-27-2-4.1 and on the east
by parcel SCTM 30027-2-2.
[Added 8-6-1999 by L.L. No. 17-1999]
(3)
Seasonal parking. No person shall park a vehicle on
any ocean beach within 300 feet of any paved road end from the Thursday
before Memorial Day to September 15 of each year, between the hours
of 10:00 a.m. and 6:00 p.m.
(4)
Exemptions. Operators of the following vehicles shall be exempt from the provisions of Subsection B(2) above, provided that they shall exercise due caution when traversing through restricted bathing areas:
(a)
Vehicles whose occupants are actively engaged in traditional
commercial net fishing.
(b)
Vehicles displaying a handicapped parking permit being
used by a handicapped person.
(c)
After 4:00 p.m. prevailing time, vehicles transporting
persons engaged in crabbing at Georgica Pond, provided that such persons
have valid East Hampton Town shellfish permits. All such vehicles
must enter and exit by way of Beach Lane.
[Amended 8-8-1995 by L.L. No. 11-1995]
(5)
Nesting areas. No person shall operate a vehicle within or upon any bird nesting area designated as such by the Trustees or Town Board pursuant to § 91-4F hereof at any time.
[Amended 6-6-2013 by L.L. No. 4-2013; 2-4-2016 by L.L. No. 4-2016
(6)
Access. No person operating a vehicle shall take access
to the beach other than from existing access points. No person operating
a vehicle shall take access to the beach by climbing over any dune,
bluff or vegetation.
C.
Regulations for beach use by vehicles.
(1)
All operators of vehicles traveling along the beach
shall maintain a distance of no less than 50 feet seaward of the beach
grass line, if possible.
(2)
No person shall operate a vehicle over or upon any
dune, bluff or vegetation.
(3)
No person shall utilize a vehicle on the beach for
the purpose of camping or sleeping.
(4)
No person shall operate a vehicle on the beach during
the period from 1/2 hour after sunset to 1/2 hour before sunrise and
at such other times as visibility for a distance of 1,000 feet ahead
of such vehicle is not clear, unless such vehicle displays at least
two lighted headlights on the front and two lighted lamps on the rear.
(5)
No person shall operate a vehicle on the beach at
a speed in excess of 15 miles per hour.
(6)
No person shall operate a vehicle in a reckless manner
that endangers the safety of other persons.
(7)
Vehicles shall travel in a single line, except when
necessary to pass. In the event that vehicle operator(s) deem it necessary
and safe to pass another vehicle, they shall do so in a manner so
that not more than two vehicles, inclusive of the vehicle to be passed,
are traveling beside each other in any one direction at any time.
(8)
No operator of a vehicle shall have the right-of-way
over any person on foot.
(9)
No person shall abandon any vehicle on the beach.
A vehicle left unattended for a period of 24 hours or more shall be
deemed abandoned and may be removed to an impound area designated
for the placement of the same by or at the direction of any officer
authorized to enforce this local law at the expense of the owner thereof.
The Town Board and Trustees and said enforcement officer shall not
be responsible for damage to any vehicle occasioned by such removal.
Upon impounding an abandoned vehicle, the officer shall make an inquiry
as to the owner of the vehicle and shall notify the owner, if known,
that the vehicle has been impounded and that, if unclaimed, it will
be sold at public auction not less than 10 days after the date such
notice was given. The owner may reclaim the vehicle after proving
ownership and paying an impound fee of $200, plus the costs of removal,
plus a storage fee of $20 per day. If a vehicle remains unclaimed
for a period of 10 days from the date notice is given to the owner
or if the owner cannot be found or ascertained:
(a)
A vehicle having a value of $750 or less may be destroyed,
junked or otherwise disposed of as the officer or the Trustees see
fit.
(b)
A vehicle having a value in excess of $750 shall be
disposed of at a public auction to the highest bidder. The proceeds
from the sale of such vehicle, less the impound fee, costs of removal,
storage fee and costs of sale, shall be held by the Trustees, without
interest, for the benefit of the owner of such vehicle for a period
of one year. If not claimed within said one-year period, such proceeds
shall be paid into the general fund of the Trustees.
(10)
Notwithstanding any provision herein contained to
the contrary, no person shall operate a motorcycle, hovercraft, snowmobile,
all-terrain vehicle or similar vehicle designed for off-road travel
on the beach.
(11)
The provisions of this section shall not apply to
vehicles operated by the police, fire and rescue services, the dory
rescue squad, the East Hampton Dog Control Officer or other emergency
vehicles while actually in the performance of their duties.
[Amended 6-16-1995 by L.L. No. 8-1995]
[Amended 6-12-2007 by L.L. No. 24-2007]
A.
Prohibited conduct.
(1)
Driving while ability impaired. No person shall operate
a vehicle on the beach while such person's ability to operate such
vehicle is impaired by the consumption of alcohol.
(2)
Driving while intoxicated; per se. No person shall
operate a motor vehicle on the beach while such person has .08 of
1% or more by weight of alcohol in his or her blood as shown by chemical
analysis of such person's blood, breath, urine or saliva, made pursuant
to the provisions of § 1194 of the Vehicle and Traffic Law.
(3)
Driving while intoxicated. No person shall operate
a vehicle on the beach while in an intoxicated condition.
(4)
Driving while ability impaired by drugs. No person
shall operate a vehicle on the beach while his or her ability to operate
such vehicle is impaired by the use of a drug, as defined in § 1194
of the Vehicle and Traffic Law.
(5)
Operating a motor vehicle after having consumed alcohol;
under the age of 21 per se. No person under the age of 21 shall operate
a motor vehicle on the beach after having consumed alcohol as defined
in § 1192 of the Vehicle and Traffic Law. For the purpose
of this section, a person under the age of 21 is deemed to have consumed
alcohol if such person has .02 of 1% or more but not more than .07
of 1% by weight of alcohol in the person's blood, as shown by chemical
analysis of such person's blood, breath, urine or saliva, made pursuant
to the provisions of § 1194 of the Vehicle and Traffic Law.
A person, even if under the age of 21, will be treated as if of majority
age if the person has more than .07 of 1% by weight of alcohol in
the blood. Notwithstanding any provision of law to the contrary, a
finding that a person under the age of 21 operated a motor vehicle
on the beach after having consumed alcohol in violation of this section
is not a judgment of conviction for a crime or any other offense.
B.
Chemical tests.
(1)
Authorization. Any person who operates a vehicle on the beach shall be deemed to have given consent to a chemical test of one or more of the following: breath, blood, urine or saliva for the purpose of determining the alcohol and/or drug content of the blood, provided that such test is administered by or at the direction of a police officer with respect to a chemical test of breath, urine or saliva or, with respect to a chemical test of blood, at the direction of a police officer or peace officer having reasonable grounds to believe such person to have been operating in violation of any subsection of this article and within two hours after such person has been placed under arrest for any such violation, or having reasonable grounds to believe such person to have been operating in violation of this section and within two hours after the stop of such person for any such violation. For the purposes of this subsection, "reasonable grounds" to believe that a person has been operating a motor vehicle on the beach after having consumed alcohol or drugs in violation of Subsection A of this article shall be determined by viewing the totality of circumstances surrounding the incident which, when taken together, indicate that the operator was driving in violation of such subdivision. Such circumstances may include any visible or behavioral indication of alcohol or drug consumption by the operator, the existence of an open container containing or having contained an alcoholic beverage in or around the vehicle driven by the operator, or any other evidence surrounding the circumstances of the incident which indicates that the operator has been operating a motor vehicle after having consumed alcohol or drugs.
(2)
Right of refusal. Any person arrested for any provision of Subsection A of this article shall be advised by the arresting officer that he or she may refuse to submit to the chemical test and that as a result of such refusal, his or her permission to operate a vehicle on the beach will be revoked immediately and automatically for a period of two years, regardless of whether such person is convicted of a violation of any provision of Subsection A above.
(3)
Chemical test evidence. Regarding issues of admissibility,
probative value and suppression, chemical test results shall be accorded
the same treatment and effect as provided in § 1195 of the
Vehicle and Traffic Law.
C.
Sanctions.
(1)
Criminal penalties.
(a)
Driving while ability impaired.
[1]
First offense. A violation of Subsection A(1) above shall be a traffic infraction and shall be punishable by a fine of not less than $300 nor more than $500 or by imprisonment in a penitentiary or county jail for not more than 15 days, or by both such fine and imprisonment. Upon conviction of such violation, a person's permission to operate a vehicle on the beach is revoked, automatically and without recourse for a period of one year.
[2]
Second offense. Any person who operates a vehicle in violation of Subsection A(1) after having been convicted of such subsection or of any subdivision of § 1192 of the Vehicle and Traffic Law within the preceding five years shall be punished by a fine of not less than $500 nor more than $700, or by imprisonment of not more than 30 days in a penitentiary or county jail or by both such fine and imprisonment. Upon conviction of such violation, a person's permission to operate a vehicle on the beach is revoked, automatically and without recourse for a period of two years.
[3]
Recidivist provision Any person who operates a vehicle in violation of Subsection A(1) or of any subdivision of § 1192 of the Vehicle and Traffic Law after having been convicted two or more times of said violation or any subdivision of § 1192 of the Vehicle and Traffic Law within the preceding 10 years shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $750 nor more than $1,500, or by imprisonment of not more than 180 days in a penitentiary or county jail or by both such fine and imprisonment. Upon conviction of such violation, a person's permission to operate a vehicle on the beach is revoked, automatically and without recourse for a period of five years.
(b)
Driving while intoxicated or while ability impaired
by drugs or while ability impaired by the combined influence of drugs
or of alcohol and any drug or drugs:
[1]
First offense. A violation of Subsection A(2), (3), or (4) above shall be classified as a misdemeanor and shall be punishable by a fine of not less than $500 nor more than $1,000, or by imprisonment in a penitentiary or county jail for not more than six months, or by both such fine and imprisonment. Upon conviction of such violation, a person's permission to operate a vehicle on the beach is hereby revoked, automatically and without recourse, for a period of two years.
[2]
Recidivist provision Any person who operates a vehicle in violation of Subsection A(2), (3), or (4) after having been convicted of any of such subsections or of any subdivision of § 1192 of the Vehicle and Traffic Law within the preceding 10 years shall be guilty of a misdemeanor, and shall be punished by a fine of not less than $1,000 nor more than $2,000, or by imprisonment of not more than one year in a penitentiary or county jail, or by both such fine and imprisonment. Upon conviction of such violation, a person's permission to operate a vehicle on the beach is revoked, automatically and without recourse for a period of five years.
(c)
Driving with a child. A violation of Subsection A(6) above shall be classified as a misdemeanor and shall be punishable by a fine of not less than $1,000 nor more than $2,000, or by imprisonment of not more than one year in a penitentiary or county jail, or by both such fine and imprisonment. Said penalty is pursuant to § 260.10 of the New York State Penal Law, entitled "Endangering the Welfare of a Child" in that the commission of such violation establishes that such person acted in a manner likely to be injurious to the physical, mental or moral welfare of a child less than 17 years old. Upon conviction of such violation, a person's permission to operate a vehicle on the beach is revoked, automatically and without recourse for a period of five years.
(2)
Additional penalties. In addition to the criminal penalties set forth herein in Subsection C(1)(a), (b), and (c), in the event that the violator is also the owner of the vehicle in which the offense occurred, the beach vehicle permit issued to the violator for said vehicle shall be surrendered to the court and shall be otherwise subject to removal from the vehicle by a police officer or court officer if not voluntarily surrendered.
Anyone using a beach shall do so with the understanding
that the Trustees and Town Board assume no responsibility for any
injury or damage to any person or property which may be sustained
while using the beach and that the Trustees and Town Board will not
be responsible in any manner for any article that may be stolen from
any structure or automobile or for any automobile or any other article
that may be stolen from a beach.
[Amended 5-1-1998 by L.L. No. 17-1998; 9-18-1998 by L.L. No.
31-1998; 3-17-2006 by L.L. No. 7-2006; 6-6-2013 by L.L. No.
4-2013; 2-4-2016 by L.L. No. 4-2016]
C.
A violation of any other provision of this Article I of this chapter shall be punishable as set forth in the schedule of fines contained in this article, including additional penalties for failing to timely answer any instrument issued for the aforesaid conduct or by imprisonment for up to 15 days, or both, except for those offenses not listed in the fine schedule, which shall be punishable as follows:
(1)
For a first offense, by a fine of not less than $100
nor more than $250 or by imprisonment for up to 15 days, or both.
(2)
For a second offense within a period of 18 months,
by a fine of not less than $250 nor more than $500 or by imprisonment
for up to 15 days, or both.
(3)
For a third offense within a period of 18 months,
by a fine of not less than $400 nor more than $1,000 or by imprisonment
for up to 15 days, or both.
D.
Any person or entity found by the Bureau of Administrative Adjudication to have violated the provisions of § 91-4B, H, I, L(1), § 91-5A(4),B(1) to (2), shall likewise be subject to a monetary penalty not to exceed the maximum fine amounts set forth in the instant chapter, for the respective violations referenced therein for a first offense, subsequent offenses and continuing offenses.
[Added 6-2-2022 by L.L. No. 17-2022]
A.
This local law shall be enforced by any duly constituted
law enforcement officer, including any Code Enforcement Officer, having
jurisdiction within the Town of East Hampton and/or by any Bay Constable
of the Town of East Hampton and/or by any Harbormaster of the Town
of East Hampton.
B.
In addition to the personnel set forth in § 91-9A above, the Town Dog Control Officer shall be authorized to enforce the provisions of §§ 91-4K, 91-4L(1) and 91-4L(5) and shall be authorized to seize any dog found in violation thereof in accordance with the provisions of § 86-11 of the Town Code. Such dog may be redeemed in accordance with the provisions of § 86-11.
[Added 6-16-1995 by L.L. No. 8-1995]
Should any section or provision of this local
law be decided by a court of competent jurisdiction to be unconstitutional
or invalid, such decision shall not affect the validity of this local
law as a whole or any part thereof other than the part so decided
to be unconstitutional or invalid.
The Town Board shall not amend any section of
this local law as the same applies to any Trustee beach without having
first received the written permission of a majority of the Trustees.
In the event that the Trustees shall amend any provision of their
regulations so as to render any section of this local law ineffective,
then the Town Board may repeal such provision as it applies to Trustees
beaches without having first obtained the permission of the Trustees.
In the event that the Trustees should amend their regulations without
having obtained the cooperation and agreement of the Town Board to
amend this local law accordingly, then the Town Board shall not be
responsible for enforcement of the amended regulation.
The Trustees or Town Board reserve the right
to temporarily close or restrict any beach or portion thereof at any
time if deemed appropriate and necessary. Either Board shall advise
the other of its decision to order any closure in a manner deemed
reasonable under the circumstances, but failure to do so shall not
affect the validity of such closure or restriction.
This local law shall take effect upon filing
with the Secretary of State as required by law.
[Added 6-6-2013 by L.L. No. 4-2013; amended 2-4-2016 by L.L. No. 4-2016; 5-19-2022 by L.L. No. 15-2022]
A.
Schedule of fines:
|
Section
|
Description
|
Fine
|
After 15 days
|
After 30 days
|
After 90 days
|
|---|---|---|---|---|---|
|
91-4H
|
Obstructing vehicular/ pedestrian access to beach
|
$100
|
$200
|
$300
|
$350
|
|
91-4I
|
Camping on beach
|
$150
|
$300
|
$450
|
$500
|
|
91-4L(1)
|
Animals on beach (restricted hours)
|
$100
|
$200
|
$300
|
$350
|
|
91-4O
|
Noncompliant beach fire
|
$100
|
$200
|
$300
|
$350
|
|
91-5A(4)
|
No beach driving permit
|
$250
|
$500
|
$750
|
$800
|
|
91-5B(1) and (2)
|
Seasonal restricted beach/hours
|
$150
|
$300
|
$450
|
$500
|
|
91-21B(8)
|
Discharge of fireworks
|
$200
|
$400
|
$600
|
$650
|
|
91-4Q
|
Smoking
|
$100
|
$200
|
$300
|
$350
|
