[Adopted 4-15-1977 by L.L. No. 8-1977]
[Amended 1-29-1982 by L.L. No. 1-1982]
It shall be unlawful for any person or persons
to engage in or do any of the acts hereinafter set forth on the ocean
beach in the Village of Southampton, which area is more particularly
described as follows: bounded on the north by the general line of
the top of the first rank of the ocean dunes, on the east by the easterly
Village boundary line, on the south by the low-water line of the Atlantic
Ocean and on the west by the westerly Village boundary line:
A.
Commercial activities. To sell, peddle or solicit,
or to carry on, engage in or promote, in any manner whatsoever, whether
directly or indirectly, any business activity, advertising program,
promotional scheme or any commercial enterprise. (This prohibition
shall not apply to the bathing beach concession at the municipal bathing
facility at Cooper's Neck Beach.[1])
[Amended 7-11-2013 by L.L. No. 5-2013; 4-21-2020 by L.L. No. 3-2020]
(1)
The above prohibition shall not apply to the giving of ocean swimming
lessons or ocean surfboarding lessons by a surf school operated pursuant
to a license issued by the Village Administrator for use of a designated
portion of the ocean beach in connection with such activity, provided
that such use is conducted in compliance with such license and in
compliance with rules and regulations established by resolution of
the Village Board of Trustees for use of a designated portion of the
ocean beach in connection with such activity. The following provisions
shall be applicable to this exception from the above prohibition:
(a)
A license issued by the Village Administrator for use of a designated
portion of the ocean beach in connection with such activity shall
specify the location of the designated portion of the ocean beach.
The issuance of a license for use of a designated portion of the ocean
beach in connection with such activity shall not be construed as excepting
from the above prohibition any portion of the ocean beach other than
the designated portion. The designated portion shall be a portion
of the ocean beach owned by the Village of Southampton.
(b)
The Village Board of Trustees may establish, from time to time,
by resolution, rules and regulations for use of a designated portion
of the ocean beach in connection with such activity, including, but
not limited to, rules and regulations restricting the hours of operation,
the days of operation, and the number of persons attending the surf
school.
(c)
Any violation of such rules and regulations shall be deemed
a violation of this article.
(d)
Such rules and regulations shall be deemed to be conditions
of such license.
(e)
Any violation of conditions of such license shall be deemed
a violation of this article.
(f)
Issuance of a license for use of a designated portion of the
ocean beach in connection with such activity shall not be construed
as authorizing any person to trespass upon real property.
(g)
Issuance of a license for use of a designated portion of the
ocean beach in connection with such activity shall not be construed
as imposing any liability on the Village of Southampton for any personal
injury or property damage which may be sustained by any person attending
the surf school. Issuance of such license shall not be construed as
creating any duty owed by the Village of Southampton to any person
attending such surf school.
(h)
A license may be suspended by the Village Administrator for
violation of these rules and regulations. If a license is suspended
by the Village Administrator, such suspension shall take effect immediately
and shall remain in effect until such suspension is terminated by
the Board of Trustees. A hearing before the Board of Trustees shall
be held within 30 days of the suspension. Written notice of the hearing
shall be mailed to the licensee at least seven days prior to the hearing
by certified mail to the last known address of the licensee. No later
than 30 days from the hearing, the Board of Trustees must issue a
decision revoking the license, lifting the suspension, or continuing
the suspension for an additional 30 days, after which the suspension
is lifted.
B.
Playing ball and other games. To engage in or play
ball or other games wherein a hard ball or hard object is used which
might endanger a person or persons within said area.
C.
Fishing.
(1)
To fish, surf cast or haul seine between the 15th
day of June and the 15th day of September in each year between 9:00
a.m. and 6:00 p.m., prevailing time, but only within or from that
portion of said area lying between the westerly line of Halsey Neck
Lane extended southward to the ocean and the easterly line of Old
Town Road extended southward to the ocean and also a distance of 200
feet to the east and west of Fowler Lane extended southward to the
ocean.
(2)
In the case of a haul seiner who has started to haul seine before 7:00 a.m. in a permitted area, he may complete the haul and may egress from the area upon completion by driving or operating a motor vehicle notwithstanding the provisions of Subsection D hereof, provided that such egress shall not occur later than 1:00 p.m.
D.
Vehicles. To drive or operate or park a vehicle propelled
by a motor or other mechanical device in said area without having
first obtained a permit for same from the Village Clerk. The application
for said permit shall be made to the Village Clerk upon a form and
fee schedule to be promulgated by the Village Clerk by resolution
of the Village Board of Trustees. This provision shall not apply to
employees of the Village working under the direction or supervision
of the Village.
[Amended 3-17-1978 by L.L. No. 1-1978; 4-5-2001 by L.L. No. 4-2001; 9-24-2002 by L.L. No. 5-2002; 3-13-2003; 6-24-2003; 3-23-2004; 5-25-2004; 5-11-2023 by L.L. No. 10-2023]
(1)
To drive or operate or park a vehicle propelled by
a motor or other mechanical device in said area between May 15 and
September 15 in each year between 9:00 a. m. and 6:00 p.m., prevailing
time, but this provision shall not apply to employees of the Village
working under the direction or supervision of the Village.
(2)
Any provision to the contrary herein notwithstanding,
in that portion of the ocean beach bounded on the east by the easterly
line of Road F projected southerly to the water of the Atlantic Ocean
and on the west by the westerly boundary line of the Village of Southampton,
the holder of such a permit may drive from a designated access point
to or near the water's edge, park the vehicle there and/or egress
directly to the nearest access point between said hours of 9:00 a.m.
and 6:00 p. m.
F.
Commercial photography. To solicit for a commercial
photographer or to take pictures for commercial purposes within said
area, except upon obtaining permission in writing therefor from the
Village Board.
G.
Undressing in public. To dress or undress either by
changing from ordinary street clothes into bathing or beach attire
or from bathing or beach attire into ordinary street clothes.
H.
Littering. To throw, place, deposit or scatter, or
cause to be thrown, deposited or scattered, any food, fruit peeling,
discarded fish or shellfish, refuse, paper, trash, cans, bottles,
glass, glassware or crockery.
I.
Launching and operation of power boats. To launch
a power boat of any type or to operate or pilot any power boat in
the adjacent water within 100 yards of low-water mark, but only from
or within that portion of said area lying between the westerly line
of Halsey Neck Lane extended southward to the ocean and the easterly
line of Old Town Road extended southward to the ocean and also for
a distance of 200 feet to the east and west of Fowler Lane extended
southward to the ocean, between the 15th day of June and the 15th
day of September in each year from 9:00 a.m. to 6:00 p.m., prevailing
time.
J.
Intoxication. To come upon or remain upon the area
while intoxicated or under the influence of alcoholic beverages to
such extent that his or her normal faculties are impaired or conduct
is offensive to the other persons within the area.
K.
Bathing while nude. To come upon, remain within or
use the area or the waters adjacent thereto, either in the daytime
or at night, while nude.
L.
Abusive language. To use any abusive, obscene or indecent
language or gesture or make any threat of violence while within said
area.
M.
Disturbing the peace. To do any act or create any
condition while the area is occupied by other persons, either individually
or in concert with others, which does or is calculated to encourage,
aid, abet or start a riot, public disorder or disturbance of the peace;
and it shall not be necessary to prove that such person was solely
responsible for such public disorder or disturbance of the peace,
but only that his or her appearance, manner, conduct, attire, condition,
status or general demeanor was a factor that resulted in the disturbance
of the peace.
N.
Surfboarding.
[Amended 4-21-2020 by L.L. No. 2-2020]
(1)
The use of a surfboard in the water adjacent to that portion of the
area commonly known as "Cooper's Neck Beach" shall be prohibited between
the 15th day of June and the 15th day of September in each year from
9:00 a.m. to 6:00 p.m., prevailing time. The use of a surfboard in
all other water adjacent to the ocean beach lying between the easterly
Village boundary line extended southward to the ocean and the westerly
Village boundary line extended southward to the ocean shall be permitted
without restriction.
(2)
Anything to the contrary herein notwithstanding, the Board of Trustees,
in its sole discretion, may, from time to time, by resolution, designate
a specific area or areas within the aforesaid permitted areas where
surfboarding will be prohibited. Any such areas so designated by the
Board of Trustees may be relocated or terminated by resolution of
said Board.
O.
Camping. To camp and/or spend the night in a vehicle,
trailer, tent or temporary structure of any kind; to erect or cause
to be erected any structure, temporary or otherwise, or any shanty,
tent or other shelter within said area.
P.
Bonfires. To build or maintain an open bonfire within
said area of such size or proportion as might endanger nearby private
property, or to build or maintain any open bonfire except upon obtaining
permission in writing therefor from the Village Fire Marshal.
[Amended 5-10-2007 by L.L. No. 4-2007]
Q.
Exposure. No person shall appear on the aforesaid
ocean beach area nor on any vacant land readily visible therefrom
unless his or her human male or female genitals are covered with a
fully opaque covering, and in the case of a female person over the
age of 12 years, unless the portion of her breasts below the top of
the areola is also covered with a fully opaque covering.
[Added 1-29-1982 by L.L. No. 1-1982]
Any person using the said area shall do so with
the understanding that the Village of Southampton shall not be liable
for any personal injury or property damage which such person may sustain
thereon nor for any article which may be stolen from such person while
using said area, unless such injury or damage shall be caused directly
by the negligence or misconduct of any official or employee of the
Village.[1]
[Amended 1-29-1982 by L.L. No. 1-1982; 7-11-2002 by L.L. No. 1-2002; 8-13-2020 by L.L. No. 7-2020]
