[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach 9-16-1978 by L.L. No. 6-1978; amended in its entirety 3-13-2010 by L.L. No. 2-2010. Subsequent amendments noted where applicable.]
Bicycles and other vehicles — See Ch. 56.
There being in the Village no public highways, streets or roadways as defined by the applicable laws of the State of New York, and the Board having found and determined that because of the nature of the Village, its beaches and public places and the construction and use of its walks, the provisions of this chapter are necessary for the public interest, welfare and safety, no motor vehicle shall be operated at any time within the Village except as hereinafter provided.
The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section.
- ELECTRIC-DRIVEN MOBILITY ASSISTANCE DEVICE (EDMAD)
- A single-seat electric-powered device operated or driven by a person with a disability.
- EMERGENCY VEHICLE
- Any ambulance; any emergency medical service (EMS) or other vehicle used for medical emergencies; or any vehicle operated by a police or fire department, County or Deputy County Fire Coordinator, County or Assistant County Fire Marshal, sheriff or a regularly paid deputy sheriff, when engaged in the performance of his/her duties.
- ESSENTIAL SERVICE VEHICLE
- Any motor vehicle the purpose and use of which is essential to the residents of Ocean Beach, as determined by the Village of Ocean Beach. This may include vehicles used for sanitation, refuse removal and for transporting fuel and bottled gas. This may also include vehicles used by a public utility or public service company franchised or licensed to supply electricity, water or telephone service to residents within Ocean Beach.
- ESSENTIAL SERVICE VEHICLE PERMIT
- A permit issued by the Village of Ocean Beach to the owner/operator of an essential service vehicle.
- GOLF CART
- An electric-powered vehicle commonly known and/or referred to as a "golf cart" and/or any similar vehicle which is primarily intended for the transportation of people.
- MOTOR VEHICLE
- Any vehicle which is self-propelled, operated and driven on a public highway and required to be registered and/or inspected by New York State.
- September 16 through and including June 14.
- A person who operates or drives a motor vehicle, golf cart or utility vehicle and/or is in actual physical control of said vehicle.
- The registered or permitted owner of a motor vehicle, golf cart or utility vehicle.
- SPECIAL USE VEHICLE PERMIT
- A specialized permit issued by the Village of Ocean Beach to the owner/operator of a motor vehicle that is in excess of the maximum size, weight and/or length for vehicles as permitted by the Village; or a specialized permit issued by the Village of Ocean Beach to the owner/operator of a vehicle that is not otherwise required to be registered and/or inspected by New York State.
- STANDARD-SIZE WHEELCHAIR
- A wheelchair which is up to 32 inches in width and 60 inches in length and capable of a five-foot turnaround.
- SUMMER SEASON
- June 15 through and including September 15.
- Any cart, trailer, utility trailer or the like that is not self-propelled but can be towed by a motor vehicle and/or golf cart.
- TRAILER PERMIT
- A permit issued by the Village of Ocean Beach to the owner/operator of a trailer.
- UTILITY VEHICLE
- A gas-powered vehicle commonly known and/or referred to as a "mule" and/or any similar such vehicle which is primarily intended for off-road and/or highway use and/or is not a motor vehicle which is registered in the State of New York. The term "utility vehicle" shall not include golf carts.
- Every device in, upon, or by which any person or property is or may be transported or drawn upon the walkways of the Village of Ocean Beach, except devices propelled solely by human power.
- VEHICLES OF GOVERNMENTAL AGENCIES
- Motor vehicles owned and/or used or leased by any agency or authority of the United States, State of New York, County of Suffolk, Town of Islip or Village of Ocean Beach.
Provided that they are operated under required permits from the Fire Island National Seashore and the Town of Islip, the following vehicles may be operated within the Village without a permit from the Village:
Motor vehicles may be operated within the limits of the Village in accordance with conditions set forth below:
A permit designated as a "resident off-season vehicle permit" shall be issued by the Board or an individual designated by the Board, on application therefor, to the owner of a vehicle if such owner swears under penalties of perjury that he/she is and shall be actually domiciled and physically resides within the Village of Ocean Beach for a period of not less than 12 months of the permit year.
The maximum size, weight and method of propulsion of resident motor vehicles shall be such as the Board may prescribe.
Operation of a motor vehicle, golf cart or utility vehicle under a resident off-season vehicle permit shall be permitted as follows:
During the off-season, from September 16 through June 14, both inclusive, operation shall be permitted.
During the summer season, from June 15 through September 15, both inclusive, motor vehicle operation shall be prohibited.
The word "weekend," wherever mentioned, shall mean the period from 4:30 p.m. Friday until 6:00 p.m. Sunday and shall additionally include the period from 4:30 p.m. on Thursday or until 6:00 p.m. on Monday when a legal holiday falls on a Friday or a Monday, respectively, and shall include the period from 4:30 p.m. on the Thursday immediately preceding the Memorial Day weekend.
Notwithstanding any provisions of this chapter, motor vehicles, golf carts and utility vehicles owned or maintained by the Village or operated by it for necessary municipal purposes, or contracted for and owned by any public utility company and operated by it in pursuance of necessary operations within the Village, may be operated at any time, but only when actually engaged in the service of the public and not otherwise.
From the second Friday in April at 4:30 p.m. and ending the Sunday prior to the first Monday in November at 6:00 p.m., there shall be no parking of motor vehicles north of Bay Walk or on Bay Walk east of Ocean Road and west of Surf View Walk on public walks or property during the weekends in the spring and fall periods or at any time during the summer period, except by service permit.
At no time shall any motor vehicle, golf cart or utility vehicle be parked or any street and/or walk and/or public property so as to block any traffic and/or persons or cause any obstruction and/or otherwise cause any impediment to passage or be left unattended, whether the engine or means of propulsion is running or not running, without a person possessing a valid New York State driver's license or the legal privilege to operate a motor vehicle in the State of New York behind the steering wheel or other such similar device and capable of operation of the motor vehicle.
Notwithstanding anything to the contrary contained herein, during the periods defined in Subsection A(3)(b) and (c) hereof, the Police Chief of the Incorporated Village of Ocean Beach or his designee shall be empowered to grant special permission to any resident permit holder to operate a motor vehicle to return to or leave his/her Ocean Beach residence during any period in which driving is otherwise prohibited. All such permission shall only be granted upon prior notice and request to the Police Chief or his designee, and such request shall be duly recorded in an official Village record.
Contractors holding a current valid summer season permit issued by the Incorporated Village of Ocean Beach shall be entitled to take golf carts to the freight dock for the purpose of transporting freight only from the said freight dock. Said use may be made only from one hour before the freight boat is scheduled to arrive, as may be predesignated by the freight carrier authorized to transport freight to the freight dock, to one hour after the predesignated scheduled arrival. In the event that a special freight boat is to arrive or the scheduled freight boat is delayed or late, the Police Chief or his or her designee is authorized to authorize motor vehicular traffic within the same one-hour parameters as otherwise authorized herein. Motor vehicles shall utilize Ocean Breeze Walk to and from Bay Walk for access to the freight dock for those vehicles traveling from or to the east and Bayberry Walk for those vehicles traveling from or to the west.
Additionally, a person or individual holding a current valid driver's license and summer season permit shall be permitted to operate a golf cart from his/her garage location to the actual place of construction, so long as said construction is legally permitted at that time, from 5:00 a.m. until 8:00 a.m. and may thereafter return to his/her garage from his/her actual place of construction from 4:00 p.m. until 7:00 p.m., Monday through Thursday inclusive, and 4:00 p.m. on Fridays. Notwithstanding anything contained herein in this Subsection A(3)(h), no golf cart shall be permitted to utilize or be operated upon Bay Walk from Surf View Walk to Ocean Road or Delivery Lane pursuant to this Subsection A(3)(h) at any time when travel thereon by vehicles is prohibited.
A permit designated as a "nonresident off-season vehicle permit" or "nonresident business vehicle permit" may be issued by the Board of Trustees, or its designee, on application therefor to the owner of a motor vehicle, golf cart or utility vehicle pursuant to the requirements of this chapter.
The qualifications for a nonresident off-season vehicle permit shall be as follows: The owner must be a person who is actually domiciled and physically resides in an area on Fire Island within an area east or west of the Village for a period of not less than 12 months a year.
The qualifications for a nonresident business vehicle permit shall be as follows: The owner must be a person or entity (business, corporation, etc.) that does business on Fire Island and provides year-round services and/or maintenance to the businesses, community or residents of the Village of Ocean Beach or other communities on Fire Island, including but not limited to such owner/entity being an electrician, plumber, contractor or an artisan holding county or other governmental licenses, if required. An applicant must establish to the satisfaction of the Board of Trustees, or its designee, that such owner/entity furnishes services necessary for the businesses or residents of the Village or other communities on Fire Island to necessitate a nonresident business vehicle permit.
The maximum size, weight and method of propulsion of vehicles operated with a nonresident off-season vehicle permit or a nonresident business vehicle permit, restrictions on the operation of such vehicles, and the restrictions on dates and hours of operation shall be identical to those for a resident off-season vehicle permit holder.
The maximum size, weight and length of all vehicles and motor vehicles shall be set and determined by resolution of the Village of Ocean Beach Board of Trustees and may be modified from time to time as the Board of Trustees deems necessary. Vehicles of government agencies, emergency vehicles and essential service vehicles shall be exempt from such restrictions. The Village of Ocean Beach shall have the right to exempt any other vehicles as it deems necessary.
A temporary vehicle permit, good for one or more days, may be issued by the Board or an individual designated by the Board, on application therefor, to the owner of a vehicle to be used for the performance of a service if it is established to the satisfaction of the Board or an individual designated by the Board that such service is necessary.
A temporary vehicle permit shall specify same on its face, and the operation of such a motor vehicle within the limits of the Village shall be limited to the authorized date or dates of operation, the site at which the service is to be performed and the purposes for which the vehicle is to be used, which shall not be solely for the transportation of personnel except when scheduled ferry service is suspended. Operation under a temporary vehicle permit shall be limited to such walk or walks of the Village as provide the most direct access between the motor vehicle's point of entry into the Village and the specified site for which the permit shall have been issued.
Essential service vehicle permit.
An essential service vehicle permit may be issued by the Village of Ocean Beach to the owner/operator of an essential service vehicle upon application, as provided for in § 156-5 of this chapter.
Special use vehicle permit.
Upon application, as provided for in § 156-5 of this chapter, a special use vehicle permit may be issued by the Village of Ocean Beach to the owner/operator of a vehicle which is in excess of the maximum size, weight and/or length of vehicles as provided for pursuant to § 156-4B(5) of this chapter; or to the owner/operator of a vehicle that is not otherwise required to be registered and/or inspected by New York State.
A special use vehicle permit may be issued for a vehicle which exceeds the weight and size limitations referenced in § 156-4B(5), if the Village deems it necessary and in the best interest of the Village. However, under no circumstances shall a special use vehicle permit be issued to a vehicle in excess of gross weight set by Board resolution.
A trailer permit is required for any trailer that is used or operated within the Village of Ocean Beach.
Upon application, as provided for in § 156-5 of this chapter, a trailer permit may be issued by the Village of Ocean Beach to the owner/operator of a trailer.
A trailer permit may only be issued for trailers that are properly insured. Proof of insurance for a trailer is required prior to the granting of a trailer permit. A trailer permit shall be revoked in the event that the insurance for the trailer is not maintained.
Trailers shall not be left unattended in the Village. No person shall allow or permit a trailer to be stored upon or obstruct any walk, road, lane, dock, right-of-way, beach or public place in the Village of Ocean Beach, unless otherwise expressly authorized in writing by the Village of Ocean Beach.
No person shall in any way allow or permit a trailer to hinder, impede or delay free travel upon any walk, road, lane, dock, right-of-way, beach or public place in the Village of Ocean Beach.
Display of permits. No vehicle or trailer shall operate or be parked on any public walkway or dock of the Village of Ocean Beach unless a properly issued, valid permit, as required by this chapter, is displayed and affixed thereto.
Application for a permit shall be made to the Board, or an individual designated by the Board, by the owner of the vehicle on forms issued by the Village.
Fees for such permits shall be in such amount or amounts as the Board may, from time to time, establish.
Before any permit shall be granted, the applicant shall have complied with the vehicle inspection and liability insurance requirements of the New York Motor Vehicle Law, except that, for such golf carts and/or utility vehicles, the applicant shall procure a policy of public liability insurance equivalent to that required for motor vehicles under state law, except that the amount of liability coverage shall be no less than such monetary limits as the Board may, from time to time, establish. The Board or an individual designated by the Board may, from time to time, require proof that such liability insurance is still in effect.
Any permit issued pursuant to the provisions of this section shall be nontransferable and may be revoked by the Board of Trustees or an individual designated by the Board in the event that the permit holder ceases to possess any or all of the required qualifications for the same as set forth herein or in the event that the vehicle is used for purposes other than those for which the permit shall be issued or in the event of a violation of any other provision of this chapter.
If and when a permit shall be revoked for will ful failure to comply with any provision of this chapter, the Board or an individual designated by the Board may require a six-month waiting period before considering any new application for a vehicle permit from the person whose permit shall have been revoked.
Once a permit has been issued, an authorized plate and/or sticker shall be physically affixed to the permitted vehicle or trailer. Neither the permit nor the plate/sticker shall be transferable to any other vehicle or trailer. The permit and plate/sticker shall be valid only for the vehicle or trailer for which the permit and plate/sticker were issued.
Any permit issued hereunder, unless limited in duration by the terms thereof at the time of issuance, shall be valid for the period commencing January 1 of any calendar year and terminating December 31 of said calendar year. Applications for renewal of permits will not be accepted after December 1 of any calendar year, and any permit issued shall be obtained by the permittee at the Village Office no later than December 31 of any calendar year.
The carrying of passengers for hire on the walks of the Village in any motor vehicle at any time is prohibited. This section shall not apply to school buses.
No motor vehicle, golf cart or utility vehicle shall at any time be operated at any place within the Village at a rate of speed in excess of five miles per hour or in a dangerous, reckless or careless manner or so as to create any unnecessary noise or unless it is in safe operating condition and fully and properly equipped as required for like vehicles to be operated on the highways of the State of New York.
All motor vehicles, golf carts and utility vehicles operated in the Village shall be subject to inspection by the Board, an individual designated by the Board or its authorized representative, at any time, and shall not be operated at any place within the Village if such inspection is refused.
No person shall operate any motor vehicle, golf cart or utility vehicle at any time or place within the Village unless he or she shall be duly licensed to operate motor vehicles upon the public highways of the State of New York. Failure by the operator of any such vehicle to exhibit his or her operator's or chauffeur's license to any police or peace officer on demand shall be presumptive evidence that he or she is not duly licensed as aforesaid.
Physically disabled persons may use EDMADs during any season of the year, provided that said EDMADs shall be able to seat or accommodate by either standing or sitting no more than one person, who shall be the physically disabled person. Said EDMADs shall not be greater than 20% greater in width or height or depth than the standard-size wheelchair. Said EDMADs may be used on all walks.
Subject to the provisions of this chapter as hereinabove set forth, the Board or an individual designated by the Board may grant a special permit for the operation of an electric-powered golf cart, of a size and weight that the Board or its designee may from time to time determine, to a duly licensed contractor or duly licensed plumber for the performance of emergency work in the Village of Ocean Beach. Such special permit may contain such terms and conditions as the Board or its designee may from time to time determine and impose. A special permit issued hereunder shall be prominently affixed to the front of such motorized cart.
The Village Superintendent and/or Village Administrator or such other Village officer or Village employee as the Board may, by resolution, designate shall have the power and is hereby specifically authorized, notwithstanding any other provisions of this chapter to the contrary, when emergency or extraordinary conditions prevail, to prohibit or permit the passage of motor vehicles under such terms as the Board or he/she shall specify.
The Village Superintendent and/or Village Administrator shall be empowered to designate routes, days and times for the use of motor vehicle traffic upon walks and/or some of them and/or other areas within the Village, and said designation shall be made by:
Any such designation will remain effective until the conclusion of the next regularly scheduled Village Board meeting unless previously rescinded, modified and/or amended by the Village Administrator, and, to remain effective thereafter, said designation shall be ratified by resolution of the Village Board at its next regular meeting.
The presence within the limits of the Village of any motor vehicle for which authority to operate has not been granted under or pursuant to this chapter shall constitute presumptive evidence that the owner thereof has violated this chapter.
During the summer period, as defined in § 156-4A(3)(e) of each year, no vehicle shall be kept parked within the Village of Ocean Beach unless the same has a resident vehicle permit and is completely concealed from view on all sides by being housed or garaged, or by fencing where such fencing is otherwise permitted by the Zoning Ordinance of the Village of Ocean Beach.
No person shall drive, draw, propel, push or otherwise operate, or cause to be driven, drawn, propelled, pushed or otherwise operated, over the walks or roads and public places of the Village of Ocean Beach any vehicle built or used for commercial purposes unless the wheels of same shall be equipped with suitable rubber tires or treads; and no vehicle used for other than commercial purposes and built to carry or carrying a weight of 300 pounds and upward shall be propelled or operated over the walks, roads and public places of the Village unless the wheels of the same shall be equipped with suitable rubber tires or treads.
No horse-drawn vehicles or other vehicles drawn by dray animals shall at any time be permitted to be operated upon the public walks and beaches within said Village.
Each person who receives a permit hereunder and uses the vehicle subject to such permit for the purpose of transporting or delivering any freight or material from the Ocean Beach dock to an ultimate destination outside of the Village of Ocean Beach shall be responsible to collect from the recipient of said freight or material any charges for dock use imposed by the Board of Trustees from time to time. The amount of such charges shall be paid to the Village by the permit holder or before the 10th day of each month succeeding the date of collection, on a form provided by the Village Clerk. In the event that any permit holder under this chapter shall fail to file such form and pay the charges thereunder, the permit shall be subject to revocation or suspension.