[HISTORY: Adopted by the Town Board of the Town of Islip 6-11-79 as Local Law No. 7, 1979.[1] Amendments noted where applicable.]
[1]
Editor's Note: A note originally inserted at the end of this local law reads as follows: "This local law is applicable to lands owned by the Fire Island National Seashore, pursuant to Chapter 993 of the Laws of 1966 and Chapter 630 of the Laws of 1967."
This local law shall hereinafter be known and cited as the "Nudity — Public Beaches Law of the Town of Islip."
A. 
The public beaches of the Town are a treasured and valued asset enjoyed not only by the three hundred fifteen thousand (315,000) citizens of the Town of Islip but additionally by hundreds of thousands of other metropolitan residents. The vast majority of the people are families with children. The continued enjoyment of these beaches by Town residents and visitors is an important and substantial government interest.
B. 
The contemporary community standards held by the vast majority of users of the beach require that proper attire be required. The existence on the beach of individuals who are nude is upsetting and disturbing to this general public. The users of the public beaches of Islip find themselves unwilling observers to this course of conduct and find that they must be forced to coexist with the practice. They especially take offense and are disturbed at the exposure of this practice to young, impressionable children.
C. 
Additionally, especially on Fire Island, the oceanfront is lined with residences which are now forced to view this course of conduct. The Board, therefore, in the interests of the contemporary moral standards of conduct within the community, feels that nudity on the public beaches of the Town should be banned.
As used in this local law, the following terms shall have the meanings indicated:
ADJACENT WATERS
Those waters in which the nudity of a swimmer could be recognized by one standing on a public beach in the Town of Islip.
NUDITY
A person's intentional failure to cover, with a fully opaque covering, that person's own genitals, pubic hairs, rectal areas or female breasts below a point immediately above the tip of the areola, when on a public beach.
PUBLIC BEACHES
A place which is open to the common use of the unorganized public and each of its members; included but not limited in such definition shall be Town-owned beaches and the oceanfront on Fire Island.
A. 
Nudity shall not be allowed on any public beach or adjacent waters within or under the jurisdiction, control or ownership of the Town of Islip.
[Amended 12-16-1980]
B. 
This prohibition shall not apply where individuals have obtained a permit from the Town Board to entertain or perform in a play, exhibition or show, nor shall it apply to children under ten (10) years of age.
C. 
A person is guilty of exposure when, in a public place as defined by § 240 of the Penal Law of the State of New York, he or she urinates or exposes the private or intimate parts of his or her body, except as provided herein above.
[Added 10-8-1996]
Any person or persons violating this local law shall be guilty of a violation and shall be liable for a fine of not more than one hundred dollars ($100.) and imprisonment for not more than three (3) days, or both.
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved.
This local law shall take effect when the appropriate certified copies hereof are filed with the Secretary of State and the Comptroller of the State of New York pursuant to the Municipal Home Rule Law.