[HISTORY: Adopted by the Town Board of the Town of Babylon as indicated in article histories. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
- BEACH or BEACHES
- All beaches, parking facilities, playground areas and other areas under the jurisdiction of the Director of Town Beaches and such other rights and appurtenances as the Director of Town Beaches shall utilize, whether the same are now or hereafter owned or acquired by the Town, in fee or otherwise, including all land under and space above the surface of the ground.
- Persons actually residing and domiciled in the Town.
A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions of the permit. Any violation by its holder of any term or condition shall constitute grounds for revocation by the Town Board or its authorized representatives. Applications for all permits and identification tags shall be made to the Director of Town Beaches, Town Hall, Babylon, New York.
All permits issued for an automobile or other motor vehicle shall be filled out indicating the license number of the motor vehicle and the year and type of said motor vehicle and shall be securely attached thereto.
The Town Board shall have the power to fix the fees and charges for the use of all facilities of the Town beaches and appurtenances thereto, including the parking field, bathing facilities and other facilities and equipment, at such rates as it shall see fit, and from time to time to change, in its own discretion, any or all of such fees or charges. The Town Board shall have authority to charge different amounts for the use of its facilities by residents of the Town and by nonresidents, and to charge different amounts for the use of the beach facilities Sunday, weekends, holidays and weekdays.
No person shall make use of or gain admittance to or attempt to use or gain admittance to the facilities in the Town beach for the use of which a charge is made by the Town Board unless he shall pay the charge or fee as fixed by the Town Board.
[Added 7-7-2009 by L.L. No. 14-2009]
The owner, registrant, operator, or person in charge of any boat or personal watercraft shall be in violation of this chapter if any boat or personal watercraft owned, operated or in their charge is left unattended at any Town facility. Nothing herein shall prohibit an owner, operator, or person in charge of any boat or personal watercraft from leaving a boat or personal watercraft unattended at a dock slip approved by the Town of Babylon Harbor Master and having paid a fee fixed by the Town Board.
Overlook Beach, located south of Ocean Parkway, and such other Town beaches as may be designated by the Town Board shall be restricted to residents of the Town at all times, and all persons seeking admission to said beaches shall be required to present an official identification tag or other form of license issued by or under the authority of the Town Board.
No person under 12 years of age shall be admitted to any beach unless accompanied by an adult who shall assume full responsibility for his safety and conduct.
The Town beaches shall be opened and closed at the times and hours designated by the Town Board. Opening and closing time for the various facilities shall be posted for the convenience of the public.
The Town shall not be responsible for loss, damage or theft to cars and other contents, nor to private property, nor to contents of lockers or cabanas, whether such loss occurs inside or outside the Town's beach facilities or on the grounds of the parking facilities connected therewith, but the same shall be solely the patrons' responsibility. The Town shall not be responsible for any injury incurred by any person within the jurisdiction of the Director of Town Beaches unless the same is a result of a willful act of an employee of the Town acting within the scope of his employment.
No person shall bathe, wade or swim in any waters of any Town beach except at such times and places as the Town Board may designate. Such bathing areas shall be kept free from any form or device that may cause inconvenience or discomfort to bathers, except such equipment as is intended for the protection of life and approved by the Director of Town Beaches.
No person shall dress or undress on the beach, except in such bathing houses or places as may be maintained, and no person shall dress in indecent attire.
The Director of Town Beaches shall designate the area to be occupied and his assistants shall regulate the use of recreational facilities under the supervision of the Town Board and shall distribute patrons of the beaches over the beach area in order to ensure the maximum use of the beach areas for the comfort of said patrons.
All organized beach parties and picnics shall first obtain a permit from the Director of Town Beaches. No person shall erect any structure or perform any ceremony, hold any meetings, make a speech or address, exhibit any performance or form any parade in any beach without his obtaining a special permit from the Director of Town Beaches.
No person shall kindle, build, maintain or use a fire anywhere within any Town beach area except by special permit. Any fire shall be continuously under the care and direction of a competent person over 21 years of age from the time it is kindled until it is extinguished. No fire shall be built within 10 feet of any tree or building or beneath the branches of any tree of in any underbrush.
No person shall throw away or discard any lighted match, cigar or cigarette within, on or against any building, structure, boat, car, vehicle or enclosure or under any tree or in underbrush or grass, unless it is to deposit the same in a suitable container provided for the reception thereof.
No person shall throw or use any type of ball, beanbag or other object or play any ball game in any Town beach area, except in such places therein designated for such use, nor engage in toy aviation, kite flying or model boating.
No person shall tent or camp or erect or maintain a tent, shelter or camp in any Town beach except in such places therein designated for such use.
[Amended 9-12-1995 by L.L. No. 19-1995]
Camping or housing on Town beaches during the period of time from sunset to sunrise is hereby prohibited.
[Amended 4-19-1984; 4-28-1987]
No person owning or being the custodian of any animal shall cause or permit such animal to enter onto any Town beach, park, recreational area or other Town-owned property, except that animals shall be permitted onto the premises of the animal shelter for the purposes of conducting Town related business.
No person shall solicit alms or contributions for any purpose in or about any beach area of the Town.
No person shall post, distribute, cast or leave about any beach area of the Town any bills, placards, tickets, handbills, circulars or advertisements or any other matter for advertising purposes.
No person shall take into, carry through, leave in, throw, lay, drop or discard into or on any Town beach any tin cans, bottles, refuse, garbage, rubbish or waste. Papers, cartons or any other type of litter shall be placed in receptacles provided for that purpose.
No person shall bring any liquor, wine, beer, ale or other alcoholic beverage in a keg, case, pack, carton or any other type of container onto any Town beach, park or recreation area.
Every person at a Town beach area or facility under the jurisdiction of the Director of Town Beaches shall conduct himself in an orderly manner and shall endeavor to cause no discomfort or inconvenience to any other person or patron.
Such additional directions for traffic and motor vehicles at Town beaches that may be posted on signs directed by authority of the Director of Town Beaches shall be regarded as a part of this article for traffic control in parking areas, and all persons shall comply with the parking attendant or attendants.
The speed limit throughout the beach area, including parking fields, shall be 10 miles per hour.
No discharge or carrying of firearms will be allowed on Town land south of the Ocean Parkway.
Exception. Waterfowl hunting will be permitted on the rock jetties south of the Oak Beach Road and the southerly tip of the Sore Thumb subject to the following restrictions:
It shall be unlawful for any person to launch a windsurf board or other windsurfing apparatus from any Town-owned bayfront beach or to windsurf within 200 feet of any designated bathing area.
No person shall surf using a surfboard, boogie board, paddle board or any other similar flotation device in any waters of any Town beach, except at such times and places as may be designated by the Town Board. It shall be unlawful for any person to surf or to be in possession of a surfboard, boogie board, paddle board or any other similar flotation device in any area designated for bathing, wading or swimming or in any area where surfing shall be prohibited.
It shall be unlawful for any person to participate in the act or sport of surfing using a surfboard, boogie board, paddle board or any other similar flotation device in any waters of any Town beach where permitted, unless such surfing device is equipped with an attached leash, and such leash is attached to any person participating in the act or sport of surfing at all times that such person or persons may be in any waters of any Town beach where surfing shall be permitted.
It shall be unlawful for any person to be in possession of a body board containing fins in any waters of any Town beach where surfing is permitted.
A violation of Subsections A and/or B and/or C of this section shall be deemed to be an offense punishable by a fine of not less than $50 but not to exceed $250. Upon conviction of any violation of this section, any beach parking permit issued to any violator of this section shall be revoked by the presiding judge, and, further, any person convicted of any violation of this section may be suspended from entering any Town-owned beach area for the remainder of the season during which the person was convicted.
This Article is designed to regulate and control vehicular traffic on the outer beaches of the Town of Babylon. Its intent is to regulate the types of vehicles which can traverse the Town beaches and the necessary controls pertaining thereto to ensure the safety of residents and the protection of the environmentally fragile barrier beach system.
As used in this article, the following terms shall have the meanings indicated:
- AUTHORIZED EMERGENCY MOTOR VEHICLES
- Ambulances and vehicles used by any policing authority in the course of its duty, public utility company vehicles, vehicles used by any municipality or directed to be used by the municipality or any agency thereof, garage repair or tow trucks licensed by the Town of Babylon.
- AUTHORIZED MOTOR VEHICLES
- This classification is strictly limited to four-wheel drive vehicles owned and operated by residents of the Town of Babylon for which a surf-fishing beach buggy permit has been issued.
- BEACH AREA
- The zone of unconsolidated earth that extends landward from
the mean low water line to the waterward toe of a dune. Where no dune
exists landward of a beach, the landward limit of a beach is 100 feet
landward from the place where there is a marked change in material
or physiographic form or from the line of permanent vegetation, whichever
is most waterward. Shorelands subject to seasonal or more frequent
overwash or inundation are considered to be beaches.[Amended 6-6-1989]
- CEDAR BEACH TERN COLONY
- That interdune area bordered on the east by the Cedar Beach Park complex, on the west by Gilgo Beach State Park, on the south by the primary dune line and on the north by the Ocean Parkway; the perimeter of which shall be posted with the following signs:
- A ridge or hill of loose, windblown or artificially placed
earth, the principal component of which is sand.[Amended 6-6-1989]
- INTERDUNE AREA
- All that area lying between the primary dune as a southerly boundary and the Ocean Parkway as a northerly boundary.
- Any person who operates or drives a motor vehicle.
- OVERSIZED TIRES
- Tires not to exceed 33 inches in diameter or 12.5 inches
in width as measured at widest point.[Amended 4-18-1989]
- The registered owner of a motor vehicle.
- PRIMARY DUNE
- The most waterward major dune where there are two or more
parallel lines within a coastal area. Where there in only one dune
present, it is the primary one. Occasionally one or more relatively
small dune formations exist waterward of the "primary dune." These
smaller formations will be considered to be part of the primary dune
for the purposes of this article. The waterward limit of the "primary
dune" is the landward limit of its fronting beach. The landward limit
of the "primary dune" is 25 feet landward of its landward toe.[Amended 6-6-1989]
- RESTRICTED AREAS
- Those areas closed to authorized motor vehicle traffic.
- SORE THUMB AREA
- That area adjoining Oak Bench on the west and projecting into the Fire Island Inlet in a general southerly direction and such other lands of the Town of Babylon lying between Oak Beach on the east, the lands of the State of New York on the west, the Fire Island inlet on the south, and lands of the State of New York on the north.
- TIDAL MARSH AREA
- All that land area lying north of the westbound lanes of the Ocean Parkway containing these species of vegetation:
- TOWN BEACHES
- All that area lying within the Town's boundaries along the shore of the Atlantic Ocean, lying between the low water mark as a southerly boundary and the New York State Boat Channel as a northerly boundary.
- TOWN CLERK
- The Town Clerk of the Town of Babylon.
- The Town of Babylon.
Specifically excluded from the use of the beach area are motorbikes, motorcycles, go-carts, trailers, trucks and vehicles for which no permit has been issued pursuant hereto.
Bathers, pedestrians and sunbathers shall in any and all cases, excepting emergencies, have the right-of-way over motor vehicles.
No motor vehicles shall be operated upon any Town beaches at any time except as follows:
Authorized emergency motor vehicles.
Authorized motor vehicles as follows:
Sore Thumb area: restricted to authorized vehicles only.
Cedar Beach and Overlook area: Authorized motor vehicles may be operated at Cedar Beach at any time between October 31 and December 31 and at Overlook at any time between April 1 and the day preceding Memorial Day and at Overlook from 9:00 p.m. to 7:00 a.m., or as determined by the Commissioner of Parks and Recreation, during the period between Memorial Day and Labor Day. During periods of inclement weather, as shall be determined by the Town of Babylon, the Commissioner of Parks and Recreation or her/his authorized representative, and only upon proper posting as provided in § 81-30 of this article. When a period of inclement weather shall terminate, as shall be determined by the Town of Babylon, the Commissioner of Parks and Recreation or her/his authorized representative, all motor vehicles shall immediately be removed from the beach area by the operator upon order by the Commissioner of Parks and Recreation or her/his authorized representative. Failure, neglect or willful refusal to vacate the beach area upon order of the Commissioner of Parks and Recreation or her/his authorized representative, as provided herein, shall be a violation of this article.
Areas restricted to authorized vehicular traffic at all times shall be the Cedar Beach Tern Colony, all primary dunes, interdune and tidal marsh areas, except for posted access points.
When deemed necessary by the Commissioner of Environmental Control, beach areas will be closed to authorized motor vehicles, and said areas will be posted with a sign reading "No Vehicles Beyond This Point-Restricted Area."
Pedestrian traffic shall be prohibited from all Colonial Waterbird Colonies located on the Town barrier beach and from all primary dune and interdune areas, except for posted access points located at elevated walkways and stairways or other specially designed dune crossing structures.
[Added 9-18-1984; amended 6-6-1989]
Motor vehicles must not travel on vegetation, must operate seaward of the debris line and, when no debris line exists, must operate seaward of the seaward toe of the primary dune.
Posting of signs.
No access to areas of the Town beaches by authorized motor vehicles shall be permitted except at such points designated and posted by the Town of Babylon with the following sign: "Four-Wheel Drive Vehicles with Town Permits Only. Violators Fined $250 Maximum Fine."
During the period from May 16 to and including September 14 of each year, no vehicle shall enter upon Gilgo Beach and Overlook Beach unless there is specifically posted the following sign: "Beach Open To Authorized Vehicles. Vehicles must vacate the beach area on order of the Commissioner of Environmental Control."
No motor vehicle shall be operated upon the beach in the use of towing any person, object or vessel on, in, through or over the waters of the Atlantic Ocean or the Great South Bay without the written consent of the Commissioner of Environmental Control or his authorized representative.
[Amended 4-3-1984; 12-2-1986; 3-12-1996 by L.L. No. 2-1996]
An application for a permit shall, be made to the Town Clerk of the Town of Babylon on a form to be provided by said Town Clerk. Authorized emergency vehicles need not have permits from the Town of Babylon. Said application shall be made by the registered owner of the vehicle for which the permit is sought. The fee for the issuance of said permits shall be established from time to time by Town Board resolution. Said permit shall be designated surf-fishing or beach buggy and shall not also allow entrance to Town beach parking areas, for which a separate beach parking permit shall be required. The applicant shall furnish the following, which shall be duly sworn to:
The name, address and proof of residence of the applicant.
The applicant's New York State driver's license number, date of issuance and date of expiration.
The make, model and year of the vehicle for which the permit is sought and the current registration number and state of registration of said motor vehicle.
Whether the permit applied for hereunder has ever been suspended or revoked and if so, the circumstances thereof.
A statement that the vehicle for which a permit is sought complies in all respects with this article.
A certification from the central garage that the vehicle for which an application for a permit is made has been inspected and conforms to the requirements set forth in § 81-35 hereof.
Each permit application shall be accompanied by two full-face photos of the applicant taken within two months prior to the application date.
Editor's Note: Former § 81-32.1, Beach buggy driver training, added 2-28-1984, was repealed 4-18-1989.
The permit number required hereunder shall be affixed to the vehicle at all times and shall be prominently displayed pursuant to permit instructions. In the event that any additional identification or permit form shall be issued, the same shall be displayed upon request of any peace officer or official of the State of New York, County of Suffolk or Town of Babylon.
All permits issued pursuant to this article shall expire on December 31 of the year issued.
All vehicles operating on the Town beaches shall have the following equipment thereon:
Oversize tires on all wheels.
Spare tire and wheel.
Jack board 5/8 inches by 12 inches in width (minimum), hardwood or plywood.
A device for reinflating tires.
Tow cable (rope or chain) of 15 feet or longer.
No vehicle which shall be capable or so constructed as to permit an expansion of the vehicle for camping or like purposes shall be permitted to be used in such open position on any portion of the Town beaches, and all such devices must remain folded.
No vehicle shall be operated at a speed in excess of 10 miles per hour, except in the areas where a lesser speed has been posted pursuant to law, ordinance, local law, rule or regulation.
No motor vehicle may be operated on the Town beaches unless the same is duly registered under the laws of the State of New York. No motor vehicle, except authorized emergency vehicles, may be operated upon the beach area by any person unless a permit has been issued by the Town of Babylon for such use. No motor vehicle may be operated on the Town beaches by any person who is not a duly licensed operator under the laws of New York.
Nothing herein shall be construed to permit overnight camping on any beach of the Town of Babylon.
The Commissioner of Parks, Recreation and Cultural Affairs of the Town of Babylon is hereby authorized to enforce this article. The Commissioner of Parks, Recreation and Cultural Affairs and any representative authorized by said Commissioner may issue summonses returnable before any court having jurisdiction for the violation of any provision of this article.
No person shall remove or cause to be removed any vegetation from a dune area, including but not limited to any of the following species:
American beach grass (Ammophilia breviligulata).
Broom sedge (Andropogon sp.).
Bayberry (Myrica pensylvanica).
Virginia creeper (Parthenocissus quinquefolia).
False heather (Hudsonia tomentosa).
Japanese black pine (Pinus thunbergii).
Ditch reed (Phragmites communis).
Seaside goldenrod (Solidago sempervirens).