Alternative-Fuel Vehicles
Municipalities are finding creative ways to encourage the use of alternative-fuel vehicles and hybrid vehicles. The rising cost of gasoline, coupled with the harmful environmental problems linked to fossil fuel consumption by motor vehicles, has made alternative-fuel vehicles more and more attractive. We offer sample legislation from a community striving to purchase cleaner fueled vehicles for use by its employees, resulting in a fuel savings that is passed on to taxpayers. Another municipality is offering to exempt taxi and limousine owners from licensing fees if they use certain alternative energy vehicles or hybrid-electric vehicles. Yet another municipality has suspended beach parking permit fees for residents who drive a hybrid or alternative fuel vehicle. If your community would like to draft similar legislation, contact us for copies of these samples.
Sample Ordinances:
Rockland County - Ch. 137
Town of North Hempstead, NY - Ch. 52
Town of Huntington, NY - Ch. 159
Return to Sample Legislation Archive
Rockland County, NY
CHAPTER 137, POLLUTION CONTROL
[HISTORY: Adopted by the Rockland County Legislature as indicated in article histories. Amendments noted where applicable.]
ARTICLE I, Diesel Emission Control Standards
[Adopted 2-21-2006 by L.L. No. 3-2006]
§ 137-1. Title.
This article shall be known as "the Rockland County Ultra Low Sulfur Diesel Fuel and Best Available Retrofit Technology Act."
§ 137-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
BEST AVAILABLE RETROFIT TECHNOLOGY — Technology, verified by the United States Environmental Protection Agency or the California Air Resources Board, for reducing the emission of pollutants that achieves reductions in particulate matter emissions at the highest classification level for diesel emission control strategies, as set forth in § 137-5 of this article, that is applicable to the particular engine and application. Such technology shall also, at a reasonable cost, achieve the greatest reduction in emissions of nitrogen oxides at such particulate matter reduction level and shall in no event result in a net increase in the emissions of either particulate matter or nitrogen oxides.
COUNTY DEPARTMENT — Any department of Rockland County government that uses diesel-powered vehicles in any capacity. It does not include contract agencies.
GROSS VEHICLE WEIGHT RATING — The value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model.
MOTOR VEHICLE — A vehicle owned by the County and operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically driven mobility assistance devices operated or driven by a person with a disability; provided, however, that this term shall not include vehicles that are specially equipped for emergency response by the Office of Fire and Emergency Management, or the Sheriff's office.
PERSON — Any individual, partnership, firm, company, association, joint-stock association, corporation or other like organization.
REASONABLE COST — Means that such technology does not cost greater than 40% more than other technology applicable to the particular engine and application that falls within the same classification level for diesel emission control strategies, as set forth in § 137-5 of this article, when considering the cost of the strategies, themselves, and the cost of installation.
SPECIALLY EQUIPPED VEHICLE — A motor vehicle defined as specially equipped pursuant to rules and regulations developed and approved by an appropriate department of County government designated by the County Executive, and adopted by the Legislature of Rockland County.
ULTRA LOW SULFUR DIESEL FUEL — Diesel fuel that has a sulfur content of no more than 15 parts per million.
§ 137-3. Use of ultra low sulfur diesel fuel required.
A. Each diesel-fuel-powered motor vehicle owned, leased, or operated by a County department shall be powered by ultra low sulfur diesel fuel.
B. Diesel-fuel-powered motor vehicles having a gross vehicle weight rating of more than 8,500 pounds that are owned or operated by County departments shall utilize the best available retrofit technology or be equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in Section 86.007-11 of Title 40 of the Code of Federal Regulations or to any subsequent United States Environmental Protection Agency standard for such pollutant that is at least as stringent, pursuant to the following schedule:
| Percentage of Vehicles |
Compliance Date to be in Compliance |
| 10% | January 1, 2007 |
| 20% | January 1, 2008 |
| 30% | January 1, 2009 |
| 50% | January 1, 2010 |
| 70% | January 1, 2011 |
| 90% | January 1, 2012 |
| 100% | July 1, 2012 |
§ 137-4. County Executive discretion regarding technology.
A. The County Executive shall make determinations, and shall publish a list containing such determinations, as to the best available retrofit technology to be used for each type of diesel-fuel-powered motor vehicle to which this article applies. Each such determination shall be reviewed and revised, as needed, on a regular basis, but in no event less often than annually.
B. The County Executive may determine that a technology, whether or not it has been verified by the United States Environmental Protection Agency or the California Air Resources Board, may be appropriate to test, on an experimental basis, on a particular type of diesel-fuel-powered motor vehicle owned or operated by a County department. The County Executive may authorize such technology to be installed on up to three of such type of motor vehicle. Any motor vehicle on which such technology is installed may be counted for the purpose of meeting the requirements of § 137-3B of this article. Such technology shall not be required to be installed on other motor vehicles of the same type and shall be subject to the provisions of Subsection C of this section.
C. No County department shall be required to replace best available retrofit technology or experimental technology utilized for a diesel-fuel-powered motor vehicle in accordance with the provisions of this section within three years of having first utilized such technology for such vehicle, except that technology that falls within Level 4, as set forth in § 137-5 of this article, shall not be required to be replaced until it has reached the end of its useful life.
§ 137-5. Classification of diesel emission control strategies.
The classification levels for diesel emission control strategies are as follows, with Level 4 being the highest classification level:
A. Level 4: strategy reduces diesel particulate matter emissions by 85% or greater or reduces engine emissions to less than or equal to 0.01 gram diesel particulate matter per brake horsepower-hour.
B. Level 3: strategy reduces diesel particulate matter emissions by between 50% and 84%.
C. Level 2: strategy reduces diesel particulate matter emissions by between 25% and 49%.
D. Level 1: strategy reduces diesel particulate matter emissions by between 20% and 24%.
§ 137-6. Procedure when ultra low sulfur diesel fuel is unavailable.
The County Executive shall issue a written determination that permits the use of diesel fuel that has a sulfur content of no more than 30 parts per million to fulfill the requirements of this article if ultra low sulfur diesel fuel is not available to meet the needs of County departments to fulfill the requirements of this article. Such determination shall expire after six months and shall be renewed in writing every six months if such lack of availability persists, but in no event shall be in effect after September 1, 2006.
§ 137-7. Waiver.
The County Executive may issue a waiver for the use of ultra low sulfur diesel fuel where a County department makes a written finding, approved in writing by the County Executive, that a sufficient quantity of ultra low sulfur diesel fuel, or diesel fuel that has a sulfur content of no more than 30 parts per million where a determination is in effect pursuant to § 137-6 of this article, is not available to meet the requirements of this article, provided that such department, to the extent practicable, shall use whatever quantity of ultra low sulfur diesel fuel or diesel fuel that has a sulfur content of no more than 30 parts per million that is available for its diesel-fuel-powered motor vehicles. Any waiver issued pursuant to this section shall expire after two months, unless the County department renews the finding, in writing, and the County Executive approves such renewal, in writing.
§ 137-8. Report to County Executive and Legislature.
A. Not later than January 1, 2007, and not later than January 1 of each year thereafter, the appropriate department or departments of County government, as determined by the County Executive, shall submit a report to the County Executive and Legislature of Rockland County regarding, among other things, the use of ultra low sulfur diesel fuel and the use of the best available retrofit technology by diesel-fuel-powered motor vehicles owned or operated by County departments during the immediately preceding calendar year. The information contained in this report shall include, but not be limited to, for each County department:
(1) The total number of diesel-fuel-powered motor vehicles owned or operated by such department;
(2) The number of such motor vehicles that were powered by ultra low sulfur diesel fuel;
(3) The total number of diesel-fuel-powered motor vehicles owned or operated by such department having a gross vehicle weight rating of more than 8,500 pounds;
(4) The number of such motor vehicles that utilized the best available retrofit technology, including a breakdown by motor vehicle model, engine year and the type of technology used for each vehicle;
(5) The number of such motor vehicles that are equipped with an engine certified to the applicable 2007 United States Environmental Protection Agency standard for particulate matter as set forth in Section 86.007-11 of Title 40 of the Code of Federal Regulations or to any subsequent United States Environmental Protection Agency standard for particulate matter that is at least as stringent;
(6) The number of such motor vehicles that utilized technology in accordance with § 137-4B and the results and analyses regarding the testing of such technology; and
(7) All waivers, findings, and renewals of such findings, issued pursuant to §§ 137-6 and 137-7 of this article, that, for each waiver, shall include, but not be limited to, the quantity of diesel fuel needed to power diesel-fuel-powered motor vehicles owned or operated by such department; specific information concerning the availability of ultra low sulfur diesel fuel or diesel fuel that has a sulfur content of no more than 30 parts per million where a determination is in effect pursuant to § 137-6 of this article; and detailed information concerning the department's efforts to obtain ultra low sulfur diesel fuel or diesel fuel that has a sulfur content of no more than 30 parts per million where a determination is in effect pursuant to § 137-6 or 137-7 of this article.
B. Where a determination is in effect pursuant to § 137-6 or 137-7 of this article, information regarding diesel fuel that has a sulfur content of no more than 30 parts per million shall be reported wherever information is requested for ultra low sulfur diesel fuel pursuant to Subsection A of this section.
C. The report due January 1, 2007, in accordance with Subsection A of this section shall only include the information required pursuant to Subsection A(1), (2) and (7) of such subsection.
§ 137-9. Inapplicability.
This article shall not apply:
A. When federal or state funding precludes the County from imposing the requirements of this article; or
B. To purchases that are emergency procurements pursuant to the Charter or any local law allowing for such emergency procurements.
ARTICLE II, Fuel-Efficient Vehicles
[Adopted 2-21-2006 by L.L. No. 4-2006]
§ 137-10. Title.
This article shall be known as "The Rockland County Fuel-Efficient Vehicle Act."
§ 137-11. Legislative findings and intent.
A. The cost of fuel in the United States, especially in New York State and Rockland County, continues to rise.
B. It is well-documented that fossil fuel consumption by motor vehicles is one of the greatest contributing factors to many environmental problems facing us today.
C. One of the ways that government can help reduce costs and help the environment at the same time is through the purchase and use of hybrid and alternative fuel motor vehicles.
D. Hybrid gas-electric and alternative fuel motor vehicles, including electric only, ethanol, and compressed natural gas, are already available and being commercially marketed.
E. With rising fuel costs and better technology in the near future, such purchases of alternative fuel motor vehicles will become cost effective as estimated miles-per-gallon for these vehicles greatly exceeds gasoline-only vehicles.
F. It is important that Rockland County remains committed to saving the environment and taxpayer dollars.
G. Governor George Pataki's Executive Order 111 requires 50% of light-duty vehicles purchased by agencies and authorities to be cleaner fueled vehicles by 2005, increasing to 100% by 2010, with the exception of specialty, police or emergency vehicles. There is no reason for Rockland County not to aspire to those goals.
H. As of July 2005, there are 19 hybrid or alternative fuel motor vehicles in service in the Rockland County light-duty fleet of approximately 240 motor vehicles. This article mandates that County government formulate a plan that requires the County to purchase highly efficient fuel vehicles for its light-duty fleet.
I. Therefore, the Legislature of Rockland County wishes to express its concrete desire to pursue hybrid and alternative fuel motor vehicle purchases as soon as such become feasible, so that by 2008 50% of light-duty and medium-duty vehicles purchased by the County are cleaner fueled vehicles, increasing to 100% by 2010, with the exception of specially equipped vehicles.
§ 137-12. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ALTERNATIVE FUEL — A substantially nonpetroleum fuel, such as compressed or liquefied natural gas, liquefied petroleum gas (propane), hydrogen, coal-derived liquid fuels, electricity (including electricity from solar energy), mixtures containing by volume 85% or more of alcohol fuel (including, singly or in combination, methanol, ethanol, or any other alcohol or ether), and any other fuels derived from biological (nonpetroleum) materials other than alcohol.
ALTERNATIVE FUEL MOTOR VEHICLE — A motor vehicle that is propelled using solely an alternative fuel or is propelled using solely an alternative fuel in combination with gasoline or diesel fuel, and shall not include bi-fuel motor vehicles.
AVERAGE FUEL ECONOMY — The sum of the fuel economies of all motor vehicles in a defined group divided by the number of motor vehicles in such group.
BI-FUEL MOTOR VEHICLE — A motor vehicle that is capable of being propelled by both an alternative fuel and gasoline or diesel fuel, but may be propelled exclusively by any one of such fuels.
COUNTY AGENCY — A department, division, bureau, board, commission or agency of County government, the expenses of which are paid in whole or in part from the County treasury.
FUEL ECONOMY — The United States Environmental Protection Agency city mileage published label value for a particular motor vehicle, pursuant to Section 32908(b) of Title 49 of the United States Code.
GROSS VEHICLE WEIGHT RATING — The value specified by the manufacturer of a motor vehicle model as the maximum design loaded weight of a single vehicle of that model.
HYBRID — Any motor vehicle that combines two or more fuels or sources of energy or power that can directly or indirectly provide propulsion power.
LIGHT-DUTY VEHICLE — Any motor vehicle having a gross vehicle weight rating of 8,500 pounds or less.
MEDIUM-DUTY VEHICLE — Any motor vehicle having a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds.
MOTOR VEHICLE — A vehicle propelled or driven upon a public highway which is propelled by any power other than muscular power, except electrically driven mobility assistance devices propelled or driven by a person with a disability; provided, however, that this term shall not include specially equipped vehicles.
PURCHASE — Buy, lease, borrow, obtain by gift, or otherwise (except by forfeiture) acquire.
SPECIALLY EQUIPPED VEHICLE — A motor vehicle defined as specially equipped pursuant to rules and regulations developed and approved by an appropriate County agency designated by the County Executive, and adopted by the Legislature of Rockland County.
§ 137-13. Purchase of cleaner light- and medium-duty vehicles.
A. Except as provided for in Subsections B and C of this section, beginning January 1, 2006, each light-duty vehicle and medium-duty vehicle that the County purchases shall achieve the highest of the following ratings, with Subsection A(1) of this subsection being the highest vehicle rating, applicable to motor vehicles certified to California LEV II standards [as set forth in New York State's revised state implementation plan contained in Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York and approved on January 31, 2005, by the United States Environmental Protection Agency at pages 4773 to 4775 of Volume 70, Number 19 of the Federal Register (and as may from time to time hereafter be amended)] and available within the applicable model year for a light-duty vehicle or medium-duty vehicle that meets the requirements for the intended use by the County of such vehicle:
(1) Zero emission vehicle (ZEV).
(2) Advanced technology partial zero emission vehicle (ATPZEV).
(3) Partial zero emission vehicle (PZEV).
(4) Super ultra low emission vehicle (SULEV).
(5) Ultra low emission vehicle (ULEV).
(6) Low emission vehicle (LEV).
B. The County shall not be required to purchase a zero emission vehicle (ZEV), advanced technology partial zero emission vehicle (ATPZEV), or partial zero emission vehicle (PZEV) in accordance with Subsection A of this section if the only available vehicle or vehicles that achieve such a rating cost greater than 50% more than the lowest bid as determined by the applicable procurement process for a vehicle available in the next highest rating category that meets the requirements for the intended use by the County of such vehicle.
C. Notwithstanding the requirements of Subsection A of this section, such requirements need not apply to a maximum of 5% of the light-duty vehicles and medium-duty vehicles purchased within each fiscal year.
D. Each light-duty vehicle and medium-duty vehicle purchased by Rockland County shall be a hybrid or alternative fuel motor vehicle. This shall be accomplished in accordance with the following purchase schedule:
| Percentage of Vehincles |
Compliance Date to be in Compliance |
| 10% | May 1, 2006 |
| 20% | October 1, 2006 |
| 30% | May 1, 2007 |
| 50% | January 1, 2008 |
| 70% | January 1, 2009 |
| 90% | January 1, 2010 |
| 100% | July 1, 2010 |
§ 137-14. Purchase of bi-fuel vehicles.
The County shall not purchase additional bi-fuel motor vehicles.
§ 137-15. Increase in average fuel economy.
As practicable, using an appropriate fuel economy inventory process, the County shall achieve the following minimum percentage increases in the average fuel economy of all light-duty vehicles purchased by the County during the following fiscal years, relative to the average fuel economy of all such vehicles purchased by the County during the fiscal year beginning January 1, 2005:
| Percentage of Vehicles |
Compliance Date to be in Compliance |
| 5% | Fiscal year beginning January 1, 2006 |
| 8% | Fiscal year beginning January 1, 2007 |
| 10% | Fiscal year beginning January 1, 2008 |
| 12% | Fiscal year beginning January 1, 2009 |
| 15% |
Fiscal year beginning January 1, 2010 and January 1, 2011 |
| 18% |
Fiscal year beginning January 1, 2012, January 1, 2013, and January 1, 2014 |
| 20% |
Subsequent fiscal year beginning on or after January 1, 2015 |
§ 137-16. Waivers.
During any fiscal year beginning on or after January 1, 2006, the County Executive, having determined at the request or recommendation of any County agency or on his own initiative that good cause exists to do so, may issue a waiver from the purchase schedule requirements of § 137-15 of this article for such fiscal year; provided that no such waiver shall become effective, and no purchases pursuant to such waiver shall be permitted, unless and until such waiver and the reasons constituting good cause to issue such waiver shall have been submitted in writing to, and by resolution approved by, the legislature of Rockland County.
§ 137-17. Report to County Executive and Legislature.
Not later than January 1, 2007, and not later than January 1 of each year thereafter, the fleet manager shall submit a report to the County Executive and to the Legislature of Rockland County regarding, among other things, the use of hybrid and alternative fuel motor vehicles in the County fleet. The information contained in this report shall include, but not be limited to, for each department of County government:
A. The total number of light-duty vehicles and medium-duty vehicles purchased in the year to which the report pertains;
B. The total number of light-duty vehicles and medium-duty vehicles owned or operated by each department at the end of the year to which the report pertains;
C. The total number of such light-duty vehicles and medium-duty vehicles purchased in the year to which the report pertains that are hybrid vehicles and the total number that are alternative fuel motor vehicles (including a breakdown of the types of alternative fuel used);
D. The total number of such light-duty vehicles and medium-duty vehicles owned or operated by each department at the end of the year to which the report pertains that are hybrid vehicles and the total number that are alternative fuel motor vehicles (including a breakdown of the types of alternative fuel used); and
E. All waivers (including related determinations of good cause, and renewals of such determinations of good cause) issued pursuant to this article.
Town of North Hempstead, NY
Chapter 52
TAXICABS, LIMOUSINES AND PRIVATE LIVERY VEHICLES
[HISTORY: Adopted by the North Hempstead Town Board 1-22-1991 by L.L. No. 3-1991; amended in its entirety 11-1-1994 by L.L. No. 8-1994. Subsequent amendments noted where applicable.]
ARTICLE I
Legislative Findings
§ 52-1. Statement of findings.
It is hereby declared and found that the taxicab, private livery vehicle and limousine industry in the Town of North Hempstead is vested with a public interest as a vital and integral part of the transportation facilities of the Town, and that its regulation is necessary to secure adequate and safe transportation for the inhabitants of the Town and to prevent undue aggravation of the traffic and parking problems of the Town.
ARTICLE II
Definitions and Exemptions
§ 52-2. Terms defined.
Unless otherwise expressly provided, the following words, for the purpose of this chapter, shall have the meanings herein indicated:
ALTERNATIVE ENERGY VEHICLE — A commercially available mass production vehicle that uses alternative fuel other than diesel or gasoline to achieve emissions reductions. [Added 10-18-2005 by L.L. No. 8-2005]
ALTERNATIVE FUEL — Natural gas, liquefied petroleum gas, hydrogen, electricity and any other fuel which is at least 85%, singly or in combination, methanol, ethanol, and any other alcohol, or ether. [Added 10-18-2005 by L.L. No. 8-2005]
BASE — A legal place of business from which private livery cars are dispatched to operate.
BASE OWNER — Any person owning a base for the dispatch of private livery cars.
BUSINESS — One or more acts of transporting a passenger or passengers for hire.
CERTIFICATE OF AFFILIATION WITH A BASE OWNER — A sworn, notarized affidavit completed by both the applicant and the base owner on a form prepared by the Town Clerk, swearing that the private livery car owner is a franchisee of the base owner; setting forth the commencement date of the franchise agreement; and stating that the franchise agreement remains in full force and effect. There shall be annexed to the affidavit a copy of the cover sheet and signature page of the franchise agreement, with the applicant and base owner each swearing that the copies are true and accurate representations of the originals. [Added 6-13-2006 by L.L. No. 8-2006]
CRUISING — The driving of a taxicab upon the streets, highways, avenues or public places located within the Town of North Hempstead for the purpose of soliciting or the plying of prospective passengers for hire.
DRIVER — Any person driving a taxicab, private livery car, private livery van or limousine for hire upon the streets, highways, avenues or public places located within the Town of North Hempstead.
HYBRID-ELECTRIC VEHICLE — A commercially available mass production vehicle originally equipped by the manufacturer with a combustion engine system together with an electric propulsion system that operate in an integrated manner. [Added 10-18-2005 by L.L. No. 8-2005]
LIMOUSINE — A chauffeured, oversized or full-sized luxury sedan seating not fewer than five nor more than 10 persons, including the driver, used solely for hire in connection with funerals, weddings, amusement, sports and similar functions on a prior agreement, fixed-rate basis and licensed by the New York State Department of Motor Vehicles with a livery plate or other special designated plate. Such vehicle shall not be used as a taxicab. Such vehicle shall not be permitted to stand at any taxi stand designated by the Town of North Hempstead.
MINIBUS — A private livery van, as defined in this article.
OPERATE — The picking up of a passenger for hire within the Town of North Hempstead, whether such passenger is discharged at a destination within the Town of North Hempstead or without the Town of North Hempstead. Nothing in this chapter shall apply to abridge, limit or regulate the right of any person not licensed hereunder to convey passengers by taxicab, limousine or private livery van from points of origin outside the Town of North Hempstead to points of destination within the Town of North Hempstead.
OWNER — Any person owning one or more taxicabs, limousines, private livery cars or private livery vans and driving or causing any such vehicle to be driven upon the streets, highways, avenues or public places located within the Town of North Hempstead for hire. "Owner" shall also include a purchaser under a reserve title contract, conditional sales agreement or vendor's lien agreement and the lessee of any such vehicle or vehicles.
PASSENGER — A person other than the driver who is an occupant of a taxicab, limousine, private livery car or private livery van, and, for the purpose of this chapter, such person or persons shall be presumed to be a passenger for hire.
PERSON — An individual, firm, partnership, unincorporated association, corporation or any other legal entity.
PRIVATE LIVERY CAR — An intermediate or full-sized sedan seating no fewer than five nor more than six persons, including the driver, which is dispatched by two-way radio and used for the transportation of passengers for compensation. Such vehicle shall not be operated as a limousine or a taxicab and shall not be permitted to stand at any taxi stand designated by the Town of North Hempstead. A "private livery car" must be affiliated with a base which is licensed pursuant to this chapter.
PRIVATE LIVERY VAN — A motor vehicle which is manufactured and equipped in such a manner as to provide a seating capacity of not fewer than six and not more than 15 passengers, not including the driver, which is used for the transportation of persons for compensation. Such vehicle shall not be used as a taxicab. Such vehicle shall not be permitted to stand at any taxi stand designated by the Town of North Hempstead.
SHAREHOLDER — The owner of 25% or more of a corporation's outstanding and issued shares, whether or not publicly traded.
TAXICAB — A motor vehicle other than a limousine or private livery car used in the business of carrying passengers for hire; having a seating capacity of not more than eight persons, including the driver; not operated on a fixed route; and licensed by the New York State Department of Motor Vehicles with a license number that is designated by the Department of Motor Vehicles as a taxicab plate.
TAXI STAND — A public place alongside the curb of a street or elsewhere which has been so designated pursuant to § 52-35.
TERMINAL — A fixed base of operation of the owner of a taxicab or limousine.
TOWN — The unincorporated areas of the Town of North Hempstead.
§ 52-2.1. Certain limousines exempt.
The provisions of this chapter shall not apply to a limousine which is:
A. Used solely to transport persons for a motel, hotel or housing complex pursuant to contract.
B. Used under agreement with a club to provide regular transportation service for its members or guests.
C. Owned and operated by persons not primarily engaged in the business of transportation and who furnish their own drivers.
D. Operated at fares determined by zone or taximeter.
ARTICLE III
Rate Zones
§ 52-3. Town of North Hempstead.
The Town Board may establish or modify rate zones within the Town and fix or modify a schedule of rates for transportation by taxicabs from, to, within and between the various zones so established and for transportation service by the hour. Any such determination may be made by resolution adopted after a public hearing held by the Town Board on notice of not less than seven days by publication in a newspaper of general circulation within the Town.
§ 52-4. (Reserved)
ARTICLE IV
Owner's License
§ 52-5. Owner's license required.
It shall be unlawful for any owner of any vehicle to permit the same to be operated as a taxicab, limousine, private livery car or private livery van upon the streets, highways, avenues or public places located within the Town of North Hempstead without having first obtained and having then in force an owner's license therefor as hereinafter provided. The fact that a vehicle is being operated as a taxicab, limousine, private livery car or private livery van shall be presumptive evidence that it is being operated by permission of the owner. All provisions of this article which apply to taxicabs, limousines and private livery vans shall also apply to private livery cars.
§ 52-6. Date of issuance; duration.
A. Every owner's license issued hereunder shall be issued as of the first day of September or subsequent date of issue and shall expire on the 31st day of August next succeeding such date, unless sooner revoked by the Town Board. [Amended 8-6-1996 by L.L. No. 18-1996]
B. Owner's licenses issued February 1, 1990, shall be effective until March 15, 1991.
C. Owner's licenses effective as of February 1, 1991, shall expire on July 31, 1992, and the appropriate fee, as set by the Town Clerk, shall be charged for issuance of said license.
§ 52-7. Application.
A. Every person applying for an owner's license shall file with the Town Clerk a written application upon forms to be furnished by the Town Clerk, verified under oath, stating, describing and/or including: [Amended 6-13-2006 by L.L. No. 8-2006]
(1) The name and address of the applicant, specifying, in the case of any unincorporated association, the names and addresses of each member thereof. In the event that the applicant is a corporation, the applicant must provide the names and addresses of each officer, director and shareholder thereof; the date of incorporation; the address of the principal office of the corporation; the address for service of process upon the corporation; a copy of the corporation's certificate of incorporation; and a certificate of good standing from the Secretary of State.
(2) A complete statement by the applicant specifying the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments and the name and location of the court in which, and the date on which, each was entered.
(3) All misdemeanors or felonies of which the applicant and any member thereof, if an unincorporated association, and any officer, director and shareholder thereof, if a corporation, has been convicted, stating the name and location of the court in which the date on which such convictions were rendered and the sentence imposed therefor.
(4) The experience in the transportation of passengers of the applicant and each member thereof if an unincorporated association and each officer, director and stockholder thereof if a corporation.
(5) A statement by the applicant establishing that the public convenience and necessity requires the granting of a license.
(6) If such application shall contain a trade name under which the business is operated, a certified copy of the certificate thereof on file with the County Clerk.
(7) The number of vehicles to be operated by the applicant and a description of each such vehicle, including the make, model, passenger seating capacity, year of manufacture, copies of a current New York State registration of a type which permits the use of the vehicle as a taxicab, limousine or private livery van, vehicle identification number and, if it has ever been in any accident, the date and nature of the accident and a description of the damage done to such vehicle.
(8) The age and citizenship of the applicant and each member thereof if an unincorporated association and each officer, director and shareholder thereof if a corporation.
(9) The location of any and all taxi stands proposed to be established by the applicant and terminals proposed to be used by the applicant.
(10) In the case of a license for private livery cars, a certification of affiliation with a base which is licensed pursuant to this chapter.
(11) Any other relevant information which the Town Clerk may require.
B. The applicant shall be fingerprinted under the direction and supervision of the Town Clerk, including, where required by the Town Clerk, all members, directors and shareholders. The prevailing fee, as determined by the New York State Division of Criminal Justice, for the processing of said fingerprints shall be charged and collected by the Town Clerk at the time the fingerprints are taken. The requirements of this subsection may be waived at the discretion of the Town Clerk upon the showing of facts warranting the waiving thereof.
§ 52-8. Investigation required. [Amended 6-13-2006 by L.L. No. 8-2006]
Upon the receipt of any application for an owner's license, except upon an application for an owner's license renewal, the Town Clerk shall refer the same to the New York State Division of Criminal Justice for investigation and report. On a license renewal application, the applicant shall provide a sworn, notarized affidavit, on a form prepared by the Town Clerk, attesting that he/she has not been convicted of any crimes, offenses, or violations since the issuance of his/her prior owner's license. The Town Clerk may, in his/her discretion, refer owner's license renewal applications to the New York State Division of Criminal Justice for investigation and report.
§ 52-8.1. Fulfillment of requirements. [Added 6-13-2006 by L.L. No. 8-2006]
Upon receipt of the requisite report from the New York State Department of Criminal Justice or, in the event of a renewal application, receipt of the owner's license renewal application, the Town Clerk shall investigate to ensure to his/her satisfaction the following:
A. That the applicant is a fit and proper person to obtain an owner's license, taking into consideration the following:
(1) The applicant's age;
(2) The applicant's relevant work and industry experience;
(3) The applicant's moral character, the assessment of which may include, but not be limited to, consideration of the circumstances surrounding any convictions for violations and offenses; and
(4) The applicant's criminal history, if any, as reflected in the report received from the New York State Department of Criminal Justice.
B. If, upon review of the report provided by the New York State Department of Criminal Justice, it is revealed that the applicant has been convicted of one or more crimes, the Town Clerk shall consider the following factors as required by Correction Law § 753:
(1) The legitimate interest of the Town in protecting property, and the safety and welfare of specific individuals or the general public;
(2) The specific duties and responsibilities necessarily related to the license sought;
(3) The bearing, if any, that the criminal offense or offenses for which the person was previously convicted will have on his/her fitness or ability to perform one or more such duties or responsibilities;
(4) The time which has elapsed since the occurrence of the criminal offense or offenses;
(5) The age of the person at the time of the occurrence of the criminal offense or offenses;
(6) The seriousness of the offense or offenses;
(7) Any information produced by the applicant, or produced on his or her behalf, in regard to his rehabilitation and good conduct; and
(8) The public policy of this state to encourage the licensure of persons previously convicted of one or more criminal offenses.
C. In evaluating the above criteria, the Town Clerk shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the crime or crimes specified therein.
D. In addition to the documents and papers required pursuant to § 52-20, the Town Clerk, in the event that the report provided by the New York State Department of Criminal Justice reveals one or more convictions of crimes or criminal offenses or violations, or an unresolved criminal charge against the applicant, may request that the applicant provide him or her with one or more of the following, as he or she deems appropriate: a certificate(s) of disposition; a letter from the applicant's defense counsel explaining the nature of the open charges against the applicant; character or reference letters from past and/or current employers or other individuals; certificates of completion of mental health, alcohol, substance abuse, or anger management counseling programs; and/or letters from probation or parole officers; or any other reasonably obtainable document which would assist the Town Clerk in evaluating the application.
E. Upon the completion of his or her investigation, the Town Clerk shall issue an owner's license to an applicant who is an individual the Town Clerk deems fit and proper to hold such owner's license in accordance with the factors identified above. An owner's license shall be denied to an applicant who does not meet such criteria.
F. An owner's license shall also be denied to an applicant in the following circumstances:
(1) The Town Clerk's investigation reveals that the application contains false information; or
(2) An applicant either refuses or cannot provide the Town Clerk with the documentation requested pursuant to Subsection D of this section, after a reasonable opportunity to provide such documentation has been provided;
(3) The application information required by § 52-20 is not complete and the applicant has had a reasonable opportunity to provide such information to the Town Clerk;
(4) The applicant has not fulfilled the requirements of § 52-21.
G. Upon denial of an owner's license application by the Town Clerk, an applicant shall be entitled to an administrative appeal as per the procedures set forth in §§ 52-27 and 52-28.
§ 52-9. Issuance.
A. If the Town Clerk shall find that further taxicab, limousine or private livery van service in the Town, and particularly in the area in which the applicant proposes to operate, is required by and will serve the public convenience and necessity, the Town Clerk, upon certification of each vehicle proposed to be operated by the applicant pursuant to § 52-11, shall issue a vehicle license which shall state the number of the license assigned to each owner. The Town Clerk shall issue, for each vehicle licensed as a taxicab, a license card bearing the words "licensed taxicab," an assigned number and the date of expiration of such license, together with a license medallion, bearing a like number and the words "licensed taxicab," which shall be affixed to the vehicle by the Town Clerk.
B. Before making any finding as to whether public convenience and necessity justify the issuance of an owner's license, the Town Clerk shall cause to be published in a newspaper of general circulation in the Town of North Hempstead, at the expense of the applicant, a notice stating that an application has been made for the licensing of a vehicle or vehicles as taxicabs, limousines or private livery cars or vans, the number of vehicles for which such application has been made and a statement that written comments as to whether public convenience and necessity require the licensing of such vehicles may be filed with the Town Clerk on or before the date fixed therein, which date must be not less than eight days after the date of such publication. Any comments so filed must be considered by the Town Clerk in making his findings as to public convenience and necessity. [Amended 6-13-2006 by L.L. No. 8-2006]
§ 52-10. Considerations determining issuance.
In making the findings required by § 52-9 with respect to public convenience and necessity, the Town Clerk shall take into consideration the number of taxicabs, limousines or private livery vans, as the case may be, already in operation in the Town, particularly in the area in which the applicant proposes to locate his stands and terminals; whether existing transportation is adequate to meet the public need; the probable effect of additional taxicabs, limousines or private livery vans on local traffic conditions; the qualifications, character, experience and responsibility of the applicant; and the adequacy of the service which the applicant proposes to give.
§ 52-11. Condition of vehicles; inspection.
A. Each vehicle operated upon the streets of the Town as a taxicab, limousine or livery van shall be kept clean, sanitary, fit and of good appearance and in a safe condition for the transportation of passengers.
B. The Town Clerk may establish reasonable rules and regulations for the inspection of taxicabs, limousines and livery vans operated upon the streets of the Town, including but not limited to inspections performed at any time under the direction and supervision of or by an official of the Town of North Hempstead.
C. If, following an inspection conducted as described in § 52-11B, the inspector shall determine that said vehicle requires an additional New York State motor vehicle inspection, the owner will, within five days of the date of such determination by the inspector, be required to submit a certificate of inspection from an authorized state inspection station that the vehicle meets state safety requirements.
D. Before a license may be issued for a taxicab, limousine or livery van, the applicant shall submit a certificate showing that the motor vehicle has been inspected and approved by the New York State Department of Motor Vehicles.
E. In addition to the requirements of § 52-11C, where the applicant is a corporation which commingles taxicabs, limousines, private livery vans and minibuses or where the applicant makes application to operate only private livery vans in the Town of North Hempstead, the applicant shall submit a certificate showing that each private livery van has been inspected and approved by the New York State Department of Transportation.
§ 52-12. Application for supplementary owner's license.
A. Every owner licensed under this article who shall desire to add to or substitute the number of taxicabs, limousines or private livery vans he is then operating, regardless of whether such additional or substitute vehicles are currently or have been licensed by the Town of North Hempstead, shall file with the Town Clerk a written application, under oath, stating:
(1) The name and address of the applicant.
(2) The applicant's owner's license number.
(3) In the case of an addition, any facts which the applicant believes tend to prove that the public convenience and necessity require such addition.
(4) A description of each such additional or substitute vehicle, including the make, model, passenger seating capacity, year of manufacture, copies of a current New York State registration of a type which permits use of the vehicle as a taxicab, limousine or private livery van, vehicle identification number and, if it has ever been involved in any accident, the date and nature of the accident and a description of the damage done to such vehicle.
(5) A licensed owner who desires to substitute a vehicle must immediately return the medallion assigned to the substituted vehicle to the Town Clerk. If it is alleged that the medallion is irretrievable due to accident or other cause, the licensed owner must submit a letter from the insurance company insuring the vehicle indicating that the vehicle was involved in an accident sufficient to render the medallion irretrievable, or stating that the medallion is irretrievable due to such identified cause as theft, loss or otherwise. In lieu of such letter, the licensed owner shall submit a sworn, notarized affidavit, on a form prepared by the Town Clerk, indicating the reason(s) why the medallion cannot be returned. In the event that a medallion has not been returned by an owner upon substitution of vehicles, and the medallion is later determined to be on a vehicle other than that to which the medallion was originally assigned, there shall be a presumption that the medallion was knowingly and wrongfully transferred by the owner. Such unauthorized transfer shall be cause for suspension and/or revocation of an owner's license. [Added 6-13-2006 by L.L. No. 8-2006]
B. In the case of an addition, the Town Clerk shall process such application in accordance with the requirements of § 52-9. In the case of a substitution, the Town Clerk shall issue such license upon fulfillment of the requirements of § 52-11.
§ 52-13. Additional determinations.
The Town Clerk may, in his discretion, before the issuance of a license under this article, require the applicant and any other person having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto or hold a hearing upon such application as hereinafter provided with respect to any information or data relevant to the application. The costs of such examination or hearing shall be paid by the applicant.
§ 52-14. Renewal.
A. Prior to the expiration date thereof, any license issued under this article may be renewed for an additional period of one year from the date of expiration upon the filing of an application containing all the information required by § 52-7, except the requirements of § 52-7A(4), (5), (6) and (9), and the renewal license shall be issued by the Town Clerk in accordance with the provisions of §§ 52-9, 52-10, 52-11 and 52-15.
B. Any license not renewed prior to the expiration date thereof shall be deemed expired and null and void, except for good cause shown. The Town Clerk may accept renewal applications within 30 days after the expiration date thereof.
§ 52-15. Liability insurance.
Each applicant shall, before the issuance to him of a license under this chapter or any renewal thereof, file with the Town Clerk a certificate of insurance that the applicant and each motor vehicle is insured against public liability in at least the minimum limits required by the laws of the State of New York for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license. Such certificate and insurance policy shall provide that the Town of North Hempstead shall be given 30 days' prior written notice of cancellation. Such policy shall not be canceled or suspended either by the insured or the insurer unless at least 30 days' notice, in writing, of the intention to cancel or suspend such policy has been filed with the Town Clerk, and, upon such suspension or cancellation of insurance, the license of said operator shall stand suspended until such time as an acceptable policy or certification of insurance shall be on file with the Town Clerk.
§ 52-16. Transferability.
Any owner's license issued hereunder shall not be transferable.
§ 52-17. Registration of terminal location. [Amended 6-13-2006 by L.L. No. 8-2006]
The owner of more than one taxicab, limousine or private livery van licensed by the Town of North Hempstead shall have a terminal within the unincorporated area of the Town of North Hempstead for the off-street parking of such vehicles when not actively in operation. That terminal shall be registered by the owner with the Town Clerk, and the owner shall notify the Town Clerk of any change in terminal. Such terminal shall be of sufficient size to accommodate all taxicabs, limousines or private livery vans assigned to such terminal. In the case of private livery cars, a required terminal may be the base with which the cars are affiliated and from which they are dispatched, provided that the requirements of this section are otherwise met. Where the terminal for off-street parking is not the base, each private livery car owner shall furnish the Town Clerk with a sworn, notarized affidavit, on a form prepared by the Town Clerk, identifying the off-street parking location of each licensed vehicle.
ARTICLE IV
Base Owner's License
§ 52-17.1. Base owner's license required.
It shall be unlawful for any person to own or operate a base without having first obtained and having then in force a base owner's license therefor, as hereinafter provided.
§ 52-17.2. Date of issuance; duration.
Every base owner's license issued hereunder shall be issued as of the first day of August or subsequent date of issue and shall expire on the 31st day of July next succeeding unless sooner revoked by the Town Board.
§ 52-17.3. Application.
A. Every person applying for a base owner's license shall file with the Town Clerk a written application in accordance with the requirement of § 52-7 for an owner's license and containing all information as required by that section other than such information as shall be deemed unnecessary by the Town Clerk. The information shall include the location of the proposed base.
B. The applicant for a base owner's license shall also provide to the Town Clerk the name and address of each owner of a private livery car with which the base is or proposes to become affiliated. A base may not be affiliated with or dispatch a private livery car to operate within the Town unless such private livery car is licensed pursuant to this chapter.
§ 52-17.4. Investigation.
The Town Clerk shall investigate an application for a base owner's license as provided in Article IV hereof for an owner's license; however, the procedure and findings required by § 52-9 for an owner's license shall not apply to a base owner's license.
§ 52-17.5. Renewal; transfer.
The provisions of Article IV with respect to the renewal and transfer of an owner's license shall apply to a base owner's license.
§ 52-17.6. Updating of affiliations.
The holder of a base owner's license shall apply to the Town Clerk if it wishes to become affiliated with an additional private livery car(s) and shall provide all information as required by § 52-17.3. If an affiliation with a private livery car terminates, the base owner shall provide notice to the Town Clerk of such termination within 30 days.
§ 52-17.7. Dispatching restricted.
Upon receipt of a license pursuant to this article, no base owner shall dispatch a private livery car to operate unless the private livery car is listed with the Town Clerk as affiliated with the base and unless the private livery car and the driver of it are properly licensed under this chapter.
ARTICLE V
Driver's License
§ 52-18. Driver's license required.
A. No person shall operate any taxicab, limousine, private livery car or private livery van upon the public highways of the Town without having first obtained and having then in force a New York State driver's license of a proper class (chauffeur's license) and a Town of North Hempstead driver's license issued as hereinafter provided.
B. It shall be unlawful for any person to operate a taxicab, limousine, private livery car or private livery van on the streets, highways, avenues or public places of the Town of North Hempstead unless such taxicab, limousine, private livery car or private livery van shall be duly licensed as herein provided.
§ 52-19. Date of issuance; duration.
Every driver's license issued under this article shall be issued as of the first day of February or subsequent date of issue and shall expire on the 31st day of January next succeeding unless sooner revoked by the Town Board.
§ 52-20. Application. [Amended 6-13-2006 by L.L. No. 8-2006]
Every applicant for a driver's license or driver's license renewal shall file an application with the Town Clerk, in writing, upon forms to be furnished by the Town Clerk and verified under oath, and such application shall state, describe and/or include:
A. The name, address and age of the applicant.
B. A full description of the applicant, including his height, weight, color of eyes and hair, any scars or marks and the nature of any physical infirmity from which he may suffer.
C. Written recommendation by two residents of Nassau County, not related to the applicant, who have known the applicant for a period of one year or more and who will vouch for the applicant's sobriety, honesty and general good character.
D. The citizenship of the applicant.
E. All violations of any traffic law, local law, ordinance or regulation of which the applicant has been convicted within 18 months prior to the date of the application, and all crimes of which the applicant has ever been convicted, stating the name and location of the court in which and the date on which each such conviction was rendered and the sentence imposed therefor.
F. The number and date of issuance of the applicant's New York State driver's license of a proper class.
G. Whether or not any driver's license of any class held by the applicant has ever been revoked or suspended by the State of New York or any other state and, if so, by what court or other authority, on what date and for what cause and, if suspended, the period of such suspension.
H. The names and addresses of the applicant's employers during the last 10 years prior to his application.
I. Any other relevant information which the Town Clerk may require.
§ 52-21. Additional requirements.
A. Every applicant for a driver's license, at the time of submitting his application, shall:
(1) Submit three individual photographs of the applicant taken within thirty (30) days prior to the date of the application, 1 1/2 inches by 1 1/2 inches in size, and such pictures must be a true likeness of the applicant and must show only neck, shoulders and uncovered head.
(2) Submit a certificate from a physician duly licensed to practice in the State of New York certifying that, in his opinion, the applicant is not afflicted with any physical or mental disease or infirmity which might make him an unsafe or unsatisfactory driver.
(3) Exhibit his current New York State driver's license of a proper class for inspection.
(4) Be fingerprinted under the direction and supervision of the Town Clerk. The prevailing fee, as determined by the New York State Division of Criminal Justice, for the processing of said fingerprints shall be charged and collected by the Town Clerk at the time the fingerprints are taken.
B. The requirements of this section may be waived at the discretion of the Town Clerk upon the showing of facts warranting the waiver thereof.
§ 52-22. Investigation required. [Amended 6-13-2006 by L.L. No. 8-2006]
Upon receipt of any application, except on an application for a driver's license renewal, the Town Clerk shall refer the same to the New York State Division of Criminal Justice for investigation and report. On a license renewal application, the applicant shall provide a sworn, notarized affidavit, on a form prepared by the Town Clerk, attesting that he/she has not been convicted of any crimes, offenses, or violations since the issuance of his/her prior driver's license. The Town Clerk may, in his/her discretion, refer license renewal applications to the New York State Division of Criminal Justice for investigation and report.
§ 52-23. Fulfillment of requirements. [Amended 6-13-2006 by L.L. No. 8-2006]
Upon receipt of the requisite report from the New York State Department of Criminal Justice and a driver abstract from the New York State Department of Motor Vehicles or, in the event of a renewal, upon receipt of the application, the driver abstract, and the Criminal Justice Report where requested, the Town Clerk shall investigate to ensure to his/her satisfaction the following:
A. That the applicant holds a valid New York State driver's license;
B. That the applicant is a fit and proper person to obtain a driver's license, taking into consideration the following:
(1) The applicant's age;
(2) The applicant's relevant work experience;
(3) The applicant's driving history and ability as reflected in the abstract provided by the New York State Department of Motor Vehicles;
(4) The applicant's moral character, the assessment of which may include, but not be limited to, consideration of the circumstances surrounding any convictions for violations and offenses; and
(5) The applicant's criminal history if any, as reflected in the report received from the New York State Department of Criminal Justice, if applicable.
C. If, upon review of the report provided by the New York State Department of Criminal Justice, it is revealed that the applicant has been convicted of one or more crimes, the Town Clerk shall consider the following factors as required by Correction Law § 753:
(1) The legitimate interest of the Town in protecting property, and the safety and welfare of specific individuals or the general public;
(2) The specific duties and responsibilities necessarily related to the license sought;
(3) The bearing, if any, that the criminal offense or offenses for which the person was previously convicted will have on his/her fitness or ability to perform one or more such duties or responsibilities;
(4) The time which has elapsed since the occurrence of the criminal offense or offenses;
(5) The age of the person at the time of the occurrence of the criminal offense or offenses;
(6) The seriousness of the offense or offenses;
(7) Any information produced by the applicant, or produced on his or her behalf, in regard to his rehabilitation and good conduct; and
(8) The public policy of this state to encourage the licensure of persons previously convicted of one or more criminal offenses.
D. In evaluating the above criteria, the Town Clerk shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the crime or crimes specified therein.
E. In addition to the documents and papers required pursuant to § 52-20, the Town Clerk, in the event that the report provided by the New York State Department of Criminal Justice reveals one or more convictions of crimes or criminal offenses or violations, or an unresolved criminal charge against the applicant, may request that the applicant provide him or her with one or more of the following, as he or she deems appropriate: a certificate(s) of disposition; a letter from the applicant's defense counsel explaining the nature of the open charges against the applicant; character or reference letters from past and/or current employers or other individuals; certificates of completion of mental health, anger management, alcohol, or substance abuse counseling programs; and/or letters from probation or parole officers; or any other reasonably obtainable document which would assist the Town Clerk in evaluating the application.
F. Upon the completion of his or her investigation, the Town Clerk shall issue a driver's license to an applicant who (1) holds a valid New York State driver's license and (2) is an individual the Town Clerk deems fit and proper to hold such driver's license in accordance with the factors identified above. A driver's license shall be denied to an applicant who does not meet such criteria.
G. A driver's license shall also be denied to an applicant in the following circumstances:
(1) The Town Clerk's investigation reveals that the application contains false information; or
(2) An applicant either refuses or cannot provide the Town Clerk with the documentation requested pursuant to Subsection E of this section, after a reasonable opportunity to provide such documentation has been provided;
(3) The application information required by § 52-20 is not complete and the applicant has had a reasonable opportunity to provide such information to the Town Clerk;
(4) The applicant has not fulfilled the requirements of § 52-21.
H. Upon denial of a driver's license application by the Town Clerk, an applicant shall be entitled to an administrative anneal as per the procedures set forth in §§ 52-27 and 52-28.
§ 52-24. Badges to be worn.
A. At the time of the issuance of such license, the Town Clerk shall furnish to the applicant a numbered badge, containing a photograph of the applicant, which badge must be conspicuously displayed on the outer clothing in the hollow of the left shoulder of each licensed driver at all times when he is operating a taxicab, limousine or private livery van in the Town of North Hempstead.
B. Such badges shall remain the property of the Town and shall be returned to the Town Clerk upon suspension or revocation of the taxicab, limousine or private livery van driver's license.
§ 52-25. Transferability.
The driver's license issued hereunder shall not be transferable.
ARTICLE VI
Reciprocity
§ 52-26. Reciprocity with other municipalities.
A. The Town Clerk may issue a driver's or owner's license without the application required under this chapter to any person who shall submit a certified copy of a license issued by any other municipality within the Town of North Hempstead whose licensing requirements are substantially the equivalent of those established by this chapter if such municipality extends similar reciprocity to licensees of the Town of North Hempstead. In such a case, the terminal required by § 52-17 may be located in such municipality.
B. Whenever another licensing municipality shall require operators licensed under this chapter to obtain an additional license for prearranged pickups within its borders, any operator licensed by such municipality who makes any prearranged pickups within the borders of the Town of North Hempstead shall be required to obtain a prearranged trip license. [Added 2-11-1997 by L.L. No. 4-1997]
(1) The conditions of a prearranged trip license shall include:
(a) Possession of a valid for-hire operating license issued under conditions substantially the equivalent of those required for a for-hire operating license issued under this chapter.
(b) Possession of a valid operator's license.
(c) Possession of a valid vehicle registration.
(d) Maintenance of a record of each transport authorized by such license, said record to include:
[1] The passenger's name.
[2] The time of scheduled pickup of the passenger.
[3] The location of scheduled pickup of the passenger.
[4] The final destination of passenger.
[5] The time elapsed during the completion of the transport.
(e) No solicitation of business, no operation of a place of business and no operation of a telephone number within the borders of the Town of North Hempstead.
(2) If, in the opinion of the Town Clerk, the license possessed by an applicant shall not have been issued under conditions substantially the equivalent of those required under this chapter, the applicant shall be required to meet any and all additional conditions which will bring the applicant into compliance with the provisions of this chapter.
(3) A prearranged trip license shall require renewal on an annual basis.
ARTICLE VII
Appeal of Denials
[Amended 6-13-2006 by L.L. No. 8-2006]
§ 52-27. Application for appeal.
Any applicant who shall have been denied a license under this chapter may apply, upon payment to the Town Clerk of an administrative fee of $300, to the Town Attorney to appeal the action of the Town Clerk as hereinafter provided:
A. Such application to the Town Attorney shall be in writing, signed and acknowledged by the applicant and shall state the ground or grounds on which the applicant claims that the determination of the Town Clerk was erroneous. The application for appeal shall be filed by delivery to the Town Attorney by mail or in person.
B. Such application shall be filed within 20 days after notice of denial of his application by the Town Clerk has been mailed to him or delivered to him in person.
C. Upon the filing of such application, the Town Attorney shall arrange for a hearing thereon pursuant to the provisions of § 52-28. Such hearing shall be held within 90 days after the filing of an application therefor.
D. At such hearing the Town Attorney, or his/her designee, who shall be an employee of the Town and an attorney admitted to practice law within the State of New York, shall consider the applicant's application upon the record before the Town Clerk and, in its discretion, may receive new or additional evidence in support thereof or in opposition thereto.
§ 52-28. Procedure for hearings.
Whenever it shall be provided herein that a hearing shall or may be held by the Town Attorney or his/her designee respect to any matter:
A. Such hearing shall be held on a date and at a place and hour designated by the Town Attorney or his/her designee.
B. The Town Attorney or his/her designee shall cause notice thereof to be given, stating the name and address of the applicant or license holder concerned, the subject matter of the hearing and the date, place and hour thereof designated therefor by mailing a copy thereof to the applicant or license holder concerned at the address shown upon the most recent application of such applicant or licensee at least 10 days before such hearing.
C. The applicant or license holder involved shall be entitled to be represented by legal counsel and to present such competent and material testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing.
D. All witnesses shall be sworn and examined under oath.
§ 52-29. Decision after appeal to be final.
The Town Attorney, or his/her designee, after such hearing, may reverse or affirm, wholly or partly, or modify the action of the Town Clerk appealed from and shall make such decision or determination as, in its opinion, ought to be made and, to that end, shall have all the powers of the Town Clerk.
ARTICLE VIII
License Fees
§ 52-30. Fees. [Amended 2-11-1997 by L.L. No. 4-1997; 10-18-2005 by L.L. No. 8-2005; 6-13-2006 by L.L. No. 8-2006]
The following fees for applications hereunder to be paid to the Town Clerk shall be nonrefundable and payable in full upon filing of the application:
A. On initial application, a filing fee of:
(1) For each taxicab, limousine, private livery car or private livery van owner's license or a base owner's license: $100.
(2) For each taxicab, limousine, private livery car or private livery van owner's supplementary license: $50.
(3) For each taxicab, limousine, private livery car or private livery van substituted: $50.
(4) For each vehicle licensed as a taxicab: $300.
(5) For each vehicle licensed as a limousine, private livery car or private livery van: $150.
(6) For each taxicab, limousine, private livery car or private livery van driver's license: $25.
B. Annual license renewal.
(1) For each taxicab, limousine, private livery car or private livery van owner's license or base owner's license: $50.
(2) No license renewal application shall be accepted or considered by the Town Clerk until all past due fees have been paid in full by the applicant.
C. Miscellaneous fees.
(1) For the renewal of taxicab vehicle license: $25 per person up to maximum capacity permitted by this chapter.
(2) For the renewal of limousine, private livery car or private livery van vehicle license: $100.
(3) For the relocation of any terminal within the Town of North Hempstead: $75.
(4) For the replacement of a taxicab, limousine, private livery car or private livery van license and medallion: $20.
(5) For the replacement of each driver's license or badge: $20.
(6) For any reciprocal or prearranged trip license:
(a) For each reciprocal license issued under § 52-26A, for each vehicle and driver: $50.
(b) For each prearranged trip license issued under § 52-26B, a sum equal to that imposed by the applicant's licensing municipality for any similar license. If there are various classes of such license, the fee shall be equal to the highest imposed.
(7) For the filing of a renewal application up to 15 days after license expiration: $100. The initial application fee will be charged thereafter.
(8) For public notice in a newspaper of general circulation in the Town of North Hempstead: A nonrefundable fee of $75 for each new private livery car license application is due upon submission of said application. [Added 1-23-2007 by L.L. No. 1-2007]
D. Alternative energy and hybrid-electric vehicle incentive.
(1) On initial application, subject to the provisions of Article IV, Owner's License, there shall be no filing fee paid to the Town Clerk at the time the application is filed for each vehicle licensed in the categories of taxicabs and private livery cars in the Town of North Hempstead that qualify as an alternative energy vehicle or a hybrid-electric vehicle as defined in this chapter. The vehicles shall be listed as described in § 52-7.
(2) When an alternative energy or hybrid-electric vehicle is a substitute vehicle, as specified in § 52-12A(4). there shall be no filing fee remitted to the Town Clerk for that substitute vehicle for the first year.
(3) Alternative energy and hybrid-electric vehicles licensed as for-hire vehicles in the Town of North Hempstead prior to enactment of this section do not qualify for the benefits of this section.
(4) Alternative energy or hybrid-electric vehicle incentives are not renewable.
(5) Base owners are not eligible for the alternative energy or hybrid-electric vehicle incentives unless they are the express owner of the vehicle.
(6) Section 52-30D will have an expiration date of December 31, 2008.
§ 52-31. License to be signed and to carry Town Seal.
Every license issued hereunder shall be signed at the direction and in the name of the Town Clerk and shall be sealed with the Seal of the Town of North Hempstead.
§ 52-32. Recordkeeping.
The Town Clerk shall keep a record of the following in accordance with the current Record Retention and Disposition Schedule of the New York State Archives and Records Administration:
A. The name and address of each person to whom an owner's license has been issued under this chapter, showing the date and number of such license and all renewals, suspensions and revocations thereof.
B. Each taxicab, limousine and private livery van licensed hereunder, stating the make, model, passenger seating capacity, year of manufacture, New York State registration number and vehicle identification number thereof and the name and address of the person owning said vehicle.
C. Each driver's license, showing the name and address of each person to whom a driver's license has been issued under this chapter, the date of issuance of said driver's license and the number of his New York State driver's license of a proper class.
ARTICLE IX
Suspension and Revocation of License
§ 52-33. Causes for suspension or revocation.
A. Any license issued hereunder may be suspended for a period of not more than three months or revoked by a hearing officer, who shall be the Town Attorney or his/her designee, which designee shall be an employee of the Town and an attorney admitted to the practice of law within the State of New York, if it shall be determined, based upon a preponderance of the evidence, that the holder has violated any provision of this chapter, any chapter of the Town Code or any traffic law, local law, penal law, ordinance or regulation of the State of New York deemed by the hearing officer to warrant suspension or revocation, or is guilty of making a false statement or misrepresentation in his application. [Amended 6-13-2006 by L.L. No. 8-2006]
B. No license shall be either suspended or revoked hereunder without a hearing thereon before the designated hearing officer held not less than 10 days after written notice thereof shall have been given to the licensee either in person or by registered mail addressed to the licensee's last known address as reflected on his or her license application. In the event the licensee fails to appear for the hearing at the time and place scheduled, the hearing shall be conducted in his or her absence. [Amended 6-13-2006 by L.L. No. 8-2006]
C. Except for good cause shown, an owner shall be subject to revocation of a taxicab medallion if:
(1) A taxicab has not been operated for 60 consecutive days; or
(2) After sale or disposal of a taxicab, he has failed to replace the vehicle within 60 days from the date of sale or disposal.
D. Upon evidence satisfactory to the Town Clerk that an emergency exists, such as the death, resignation or illness of taxicab, limousine or private livery van driver, the Town Clerk is authorized to issue a thirty-day temporary driver's license to the applicant therefor, provided that such applicant complies with all the terms and conditions of §§ 52-20 and 52-21 hereof.
§ 52-34. Temporary suspension. [Amended 6-13-2006 by L.L. No. 8-2006]
The Town Clerk, upon receiving information giving him or her reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter or other law referred to in § 52-33 hereof or has been indicted or formally charged with or for any crime or offense or is guilty of having made a false statement or misrepresentation in his application, may forthwith temporarily suspend such license for a period of 21 days or until a hearing can be held by the hearing officer as provided in § 52-33, whichever is sooner.
ARTICLE X
Stands for Taxis and Private Livery Vans
§ 52-35. Location.
The Town Board may from time to time by resolution establish stands at such locations upon the streets or other public places of the Town as it deems necessary for the use of taxicabs and private livery vans operated and driven by the persons licensed hereunder and prescribe the number of taxicabs and/or private livery vans that may occupy each such stand, provided that it shall find that such stands are required by public convenience and necessity and will not tend to create a traffic hazard.
§ 52-36. Use.
All taxi stands may be used by any taxicab licensed hereunder and driven by any driver licensed hereunder, provided that there is a vacant space available therefor.
§ 52-37. Other vehicles prohibited.
No vehicle, other than a taxicab duly licensed hereunder and driven by a person duly licensed hereunder, shall at any time occupy any space established as a taxi stand.
ARTICLE XI
Additional Regulations
§ 52-38. General regulations.
The following regulations shall be observed in the operation and driving of taxicabs, limousines, private livery cars or private livery vans upon the public highways within the Town. Each regulation applicable to taxicabs, limousines and private livery vans shall also apply to private livery cars.
A. Every vehicle operated upon the streets of the Town as a taxicab, limousine or private livery van shall be kept clean, sanitary, fit and of good appearance and in a safe condition for the transportation of passengers.
B. Identification.
(1) Each taxicab operated hereunder shall have a permanently affixed roof light with the word "taxicab" imprinted thereon in such manner that it shall be visible at all times.
(2) Each taxicab and private livery van shall bear on the outside of each front door the name and address of the owner in letters not less than two inches and not more than four inches in height, either painted thereon or otherwise securely affixed thereto. A private livery car shall display inside the vehicle the name and address of the owner and the name and address of the affiliated base owner.
(3) The use of magnets and magnetic signs is prohibited. There shall also be affixed to the left side of the front and rear bumpers of each taxicab, limousine and private livery car, in a conspicuous place, the license issued by the Town Clerk as hereinabove provided. A valid license card must be present in the taxicab and private livery van and available to inspection at all times. [Amended 2-6-1996 by L.L. No. 3-1996]
C. No person shall drive any taxicab or private livery van upon the streets of the Town unless the license of the driver is displayed in such vehicle in full view of the passengers in a location and in a container approved by the Town Clerk. [Amended 2-6-1996 by L.L. No. 3-1996]
D. The driver of every taxicab shall at all times remain in the driver's compartment or immediately adjacent to his taxicab when such vehicle is in any taxi stand.
E. No taxicab driver shall solicit passengers except while parked or standing at a taxi stand and when sitting in the driver's compartment of such taxicab or while standing immediately adjacent thereto. Solicitation in a loud or annoying tone of voice or done in any manner so as to annoy or obstruct the movement of any person is prohibited. Nothing contained herein shall be construed to prevent stopping for the purpose of picking up and discharging passengers.
F. No taxicab driver shall cruise in search of passengers.
G. No taxicab, limousine or private livery van driver shall permit more persons to be carried in his motor vehicle than the number for which he has seating facilities.
H. No taxicab driver shall refuse or neglect to convey any orderly persons upon request unless previously engaged to full capacity or unless the transportation of such person shall substantially delay or inconvenience passengers who have already engaged his taxicab.
I. No passenger in a taxicab shall be kept waiting longer than 10 minutes before proceeding to his destination without the consent of the passenger.
J. All accidents in which any taxicab, limousine or private livery van shall be involved shall be reported to the Police Department having jurisdiction thereof within seven days after the happening thereof.
K. Every taxicab, limousine or private livery van driver, as soon as practicable after his motor vehicle is emptied of passengers, shall carefully search said vehicle for any property left there by any passenger, and if he shall find any such property, he shall immediately deliver it to the Police Department having jurisdiction.
L. Every taxicab, limousine or private livery van driver shall obey all laws, rules and regulations while driving such vehicle and, upon conviction for any misdemeanor or felony, shall report the same within five days to the Town Clerk, advising him of the nature of the offense and the name and location of the court and the date on which such conviction was rendered.
M. No person other than the driver or a passenger shall enter any taxicab while it is in operation as such.
N. Every licensed taxicab, limousine or private livery van driver shall, within 48 hours, notify the Town Clerk of any change of his address or loss of either his driver's license, his driver's badge or his New York State driver's license of a proper class.
O. No taxicab owner or driver shall demand or suggest that any passenger or prospective passenger pay a fare larger than that prescribed.
P. Every dispatcher or taxicab driver shall keep a written record of all trips, on a form approved by the Town Clerk, showing the time and place each passenger engaged his taxicab and the time and place he left such taxicab. Such record shall be retained by the owner of such taxicab for at least one year.
Q. It shall be unlawful for a passenger to refuse to pay the agreed-upon or established fare.
R. No taxicab, limousine or private livery van owner shall change his place of terminal without first notifying the Town Clerk, in writing.
S. Every taxicab, limousine or private livery van owner, upon the sale or other disposition of a licensed taxicab, limousine or private livery van, shall, within 24 hours, notify the Town Clerk of such sale or other disposition and surrender the licenses and stickers issued for the transferred vehicle.
T. It shall be unlawful for any person to refuse to surrender a license or sticker to the Town Clerk upon demand or after such license has been suspended, revoked or expired.
U. No trailer or semitrailer shall be attached or secured to a taxicab, limousine or private livery van while it is being used to transport passengers.
V. It shall be unlawful for a limousine to be used as a taxicab or in place of a taxicab for any purpose.
W. If a taxicab is carrying two or more persons to different destinations, the driver shall be the sole judge of the order in which such persons shall be delivered to their destination, and the shortest possible route shall be followed.
X. No private livery car shall be dispatched other than by a licensed base with which it is affiliated as required by this chapter.
§ 52-39. Rates of fare.
A. At the time a taxicab owner submits his application and on all succeeding renewal applications, a schedule of rates for that license period shall be filed with the Town Clerk.
B. The schedule of rates required to be filed pursuant to § 52-39A shall include the rates of fare to be charged for a shared ride, group ride and exclusive ride, which rates shall not exceed the maximum fares on file with the Town Clerk.
C. No rate may be increased until notification to the Town Clerk after notice thereof advertised in a local newspaper for two successive weeks and then only upon filing proof of such publication with the Town Clerk.
D. There shall be displayed in the passenger compartment of each taxicab licensed hereunder, in full view of the passenger, the rates of fare as filed with the Town Clerk. These rates of fare shall be displayed in a container of type and design approved by the Town Clerk.
E. Fuel surcharge. A fuel surcharge may be imposed by a taxicab owner only upon the authority of the Town Board, acting upon the recommendation of the Town Clerk. [Added 10-18-2005 by L.L. No. 8-2005]
§ 52-39.1. Child car seats.
A. All taxicabs, limousines, private livery cars and private livery vans must have available a federally approved child car seat for each child passenger required to use a car seat under New York State law, if a request for such car seat has been made by a passenger in advance, at the time of a request by telephone for services.
B. All owners must maintain, in vehicles or at a terminal, a total number of federally approved car seats equal to 20% of their licensed vehicles and in no case less than one car seat.
C. A failure to comply with this section shall be grounds for revocation or nonrenewal of an owner's license.
ARTICLE XII
Taxicab Advisory Committee
§ 52-40. Establishment. [Amended 10-18-2005 by L.L. No. 8-2005]
A. There hereby is established a For-Hire Vehicles Advisory Committee to assist the Town Board, said Committee to be appointed for a two-year term by Town Board resolution.
B. The Town Clerk shall serve as Chairman. One member of the Committee shall be appointed Vice Chairman and shall serve at the pleasure of the Town Board.
C. The For-Hire Vehicles Advisory Committee shall meet from time to time at a time and place designated by the Chairman.
§ 52-41. Powers and duties.
The Taxicab Advisory Committee shall have the following powers and duties:
A. To make rules for the conduct of the Committee's business.
B. To keep minutes of Committee proceedings.
C. To conduct informal meetings, forums, workshops and seminars on the subject of taxicab matters.
D. To assist the Town Board in the drafting of legislation concerning taxicab matters.
E. To recommend maximum fares.
F. To act as mediator in any controversy or issue that may arise among or between taxicab owners.
ARTICLE XIII
Enforcement; Penalties; Severability
§ 52-42. Enforcement procedure.
The Town Clerk may designate and the Town Board approve the appointment of taxicab-limousine inspectors, as authorized by Chapter 4 of this Code, to aid the Nassau County and Port Washington Police Departments in enforcement of the provisions of this Chapter 52. Any designated and appointed taxicab-limousine inspector hereby is empowered to issue appearance tickets wherever and whenever required for the enforcement of the provisions of this chapter.
§ 52-43. Penalties for offenses. [Amended 2-11-1997 by L.L. No. 4-1997]
A. Except as provided in Subsections B and C of this section, the violation of any provision of this chapter shall be an offense which shall be punishable by a fine of not more than $250 or imprisonment for a period not exceeding 15 days for each offense, or by both. In addition, the licensee shall be liable to suspension or revocation of any license hereunder held by him.
B. A violation of § 52-5 or 52-18 shall be punishable as follows: for a first violation of either of these two sections, by a fine of up to $500 or imprisonment for a period not exceeding 15 days, or both; for a second violation committed within five years of a first violation of either section, by a fine of at least $500 but not more than $1,000 or imprisonment for a period not to exceed 15 days, or both; and for a third or subsequent violation committed within five years of a first and second violation of either section, by a fine of at least $1,000 but not more than $2,500 or imprisonment for a period of not exceeding 15 days, or both.
C. A violation of § 52-26B shall be punishable as follows: for a first violation, by a fine of not less than $300 nor more than $1,500, or by imprisonment for a period not exceeding 15 days, or by impoundment of the vehicle for a period of not less than 30 days, or by all or any combination of the three; for a second violation committed within five years of a first violation, by a fine of not less than $600 nor more than $3,000 or by imprisonment for a period not exceeding 15 days or by impoundment of the vehicle for a period of not less than 60 days, or by all or any combination of the three; and for a third or subsequent violation committed within five years of a first violation, said violation shall be considered an unclassified misdemeanor and shall be punishable by a fine of not less than $1,200 nor more than $6,000 or by imprisonment not exceeding 30 days, or by both a fine and imprisonment, and by impoundment of the vehicle for a period of not less than 90 days.
§ 52-44. Severability.
If any clause, sentence, section, paragraph or provision of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, section, paragraph or provision directly involved in the controversy in which such judgment shall have been rendered.
§ 52-45. When effective.
This chapter shall take effect immediately upon filing with the Secretary of State.
Town of Huntington, NY
Chapter 159
RECREATIONAL FACILITIES
[HISTORY: Adopted by the Town Board of the Town of Huntington 6-3-1969 as Ch. 36 of the 1969 Code of the Town of Huntington. Amendments noted where applicable.]
ARTICLE I
Use Regulations and Restrictions
[Amended 5-10-1971 by Ord. No. 71-CE-9; 6-22-1971 by Ord. No. 71-CE-13]
§ 159-1. Definitions.
As used in this article, the following words shall have the meanings indicated:
DIRECTOR OF PARKS AND RECREATION (DIRECTOR) — The person immediately in charge of all the parks and recreation programs and their activities and to whom all park attendants of each area are responsible. [Added 6-19-2001 by L.L. No. 12-2001]
PARK or PARKS — Includes all parks, park preserves, playgrounds, athletic fields, swimming pools, beaches, boardwalks, entrances, approaches, facilities and other recreational areas, including structures and buildings, owned or used by the Town. [Amended 9-14-1976 by Ord. No. 76-CE-24; 6-19-2001 by L.L. No. 12-2001]
PLAYGROUND — An area and/or tract of land, including a portion of a park or beach, whether or not enclosed by fencing or other partition, which is set aside or used or recreation and/or play and contains without limitation one or more of the following; a seesaw, swing, slide, chute, monkey bars, jungle gym, play equipment or other apparatus for use by the general public. [Added 7-2-2002 by L.L. No. 21-2002]
VEHICLE, ALTERNATIVE FUEL — Any motor vehicle which is powered by clean-burning fuels such as compressed natural gas (CNG); liquefied natural gas (LNG); liquefied petroleum gas (LPG) (propane); hydrogen; electricity (including electricity from solar energy); coal-derived liquid fuels; one hundred (100%) percent bio-diesel, and any other fuel which is at least eighty-five (85%) percent alcohol (any kind) including methanol (M85) and denatured ethanol. Alternative fuel vehicles shall include dedicated natural gas vehicles (NGVs) which are designed to run only on natural gas, bi-fuel NGVs which have two separate fueling systems enabling these vehicles to use either natural gas or conventional fuel such as gasoline or diesel, and those vehicles which have been retrofitted or converted into an alternative fuel vehicle. [Added 9-26-2006 by L.L. No. 27-2006]
VEHICLE, HYBRID — Any gas-electric powered motor vehicle. [Added 9-26-2006 by L.L. No. 27-2006]
VEHICLES — Any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. The term shall include any trailer in tow of any size, kind or description. Exception is made for baby carriages and for "vehicles" in the service of Town.
§ 159-2. Town park preserves. [Added 9-14-1976 by Ord. No. 76-CE-24]
A. Definition and purpose. A "park preserve" is land found to possess unique flora or fauna, geological formations, marine wetlands, freshwater wetlands, shorelines, unique scenic values or any other features that may qualify for recognition or protection. A Town park preserve shall provide that all or a specified portion of the Town land being dedicated shall be kept forever wild or in its natural state or that it may be used only for the purposes specified in this Article.
B. Dedication of land; other acquisitions.
(1) The Town may dedicate real property, Town parklands or a portion of parkland owned by the Town to the Town park preserve.
(2) The Town park preserve may also include lands acquired through philanthropy. Donors shall have the right to designate the category or categories (herein defined as "classification areas") into which the property should be placed, provided that the property meets the definition of the category so designated. The philanthropy may or may not be by outright gift in full and may or may not include endowment for purposes of protection, maintenance or development. Conservation or scenic easements may be considered for inclusion in the Town park preserve although title protection and maintenance responsibility remain with the private owner.
§ 159-3. Town Parks Committee. [Added 9-14-1976 by Ord. No. 76-CE-24]
A. The Town of Huntington Parks Committee shall analyze and evaluate recommendations for the Town Board concerning those areas that should be dedicated park preserves or Town parklands for conservation and preservation. The following are the advisory responsibilities: to analyze and recommend master plans for park preserve use, design, development and management to the Town Board.
B. The Town of Huntington Parks Committee shall use the following guidelines to classify parklands as park preserves in a fashion which will be equally applicable in every frame of reference, since parklands vary. One (1) or all four (4) of the following classification areas may be included in Town parkland or a portion of parkland:
(1) Fragile areas.
(a) Protection of rare or endangered species or significant archeological site, provided such property is not improved by paths, buildings or other man-made structures or uses. [Amended 6-19-2001 by L.L. No. 12-2001]
(b) Use. Research groups by appointment only, to provide scientific research: ecology, zoology, geology, botany and other natural scientific endeavors.
(2) Preservation areas Nature centers providing outdoor laboratories in ecology and conservation; shall have guided walks; may cut some selective trails: no large buildings, or collecting of materials; to provide educational programs.
(3) Conservation areas. Nature centers; may have trails for native plant and wildlife study; may have buildings for interpretive classes; parking facilities will be available on a limited basis; to provide educational and cultural programs for the Town.
(4) Buffer areas. Areas between fragile, preservation, conservation areas or separating the park preserve area from active recreation areas or existing zoned land uses.
C. Unless authorized by the Town Board after mandatory referendum, land owned by the Town and dedicated under this Article to the Town park preserve shall not be taken or otherwise disposed of, nor shall it be used for any purpose not specified in the ordinance by which the land was dedicated to the Town park preserve.
§ 159-4. Management of park preserves. [Added 9-14-1976 by Ord. No. 76-CE-24; amended 6-19-2001 by L.L. No. 12-2001]
Due to the nature of a park preserve and its importance to the environmental character of the community, decisions concerning plans for and use of those designated areas will be made jointly by the Director of Parks and Recreation and the Director of Planning and Environment. The Director of General Services shall submit written recommendations to such directors for their consideration.
§ 159-5. Park property; vegetation and wildlife.
A. Buildings and other property. No person in a park shall:
(1) Willfully mark, deface, disfigure, injure, tamper with, displace or remove any buildings, bridges, fences, tables, benches, fireplaces, railings, paving or parking material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
(2) Fail to cooperate in maintaining washrooms and rest rooms in a neat and sanitary condition. No person over the age of six (6) years shall use the rest rooms and washrooms designated for the opposite sex.
(3) Dig and remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
(4) Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public-service utility into, upon or across such lands, except on special written permit issued hereunder.
B. Trees, shrubbery, leaves. No person in a park shall:
(1) Damage, cut, carve, transplant or remove any tree or plant, or injure the bark or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
(2) Climb any tree, or walk, stand or sit upon monuments, vases, fountains, railing, fences or gun carriages or upon any other property not designated or customarily used for such purposes.
(3) Tie or hitch a horse or other animal to any tree or plant.
C. Wild animals, birds, etc. No person in a park shall:
(1) Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw an object at any animal or mammal; nor shall remove or have in his or her possession the young of any wild animal, or the eggs or nest of young of any mammal. [Amended 6-19-2001 by L.L. No. 12-2001]
(2) Give or offer or attempt to give to any animal or bird any tobacco, alcohol or other known noxious substances.
§ 159-6. Minors.
No person shall be admitted to any park who is under the age of six (6) years unless accompanied by an adult who shall assume full responsibility for the minor's safety and conduct.
§ 159-7. Sanitation.
No person in a park shall:
A. Throw, discharge or otherwise place or cause to be placed in the waters of any fountain, pond, lake in or adjacent to any park, or any tributary, stream, storm sewer or drain flowing into such waters, any substance, matter or thing, liquid or solid.
B. Bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters or left anywhere on the park grounds, but shall be placed in the proper receptacles where these are provided; where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere.
§ 159-8. Vehicles and traffic.
No person in a park shall:
A. Fail to comply with all applicable provisions of the state motor vehicle traffic laws, rules and regulations of the Suffolk County Police Department and ordinances of the Town of Huntington in regard to equipment and operation of vehicles, together with such regulations as are contained in this chapter and other ordinances.
B. Fail to obey all traffic officers and park employees, such persons being hereby authorized and instructed to direct traffic whenever and wherever needed in the parks and on the highways, streets or roads immediately adjacent thereto in accordance with the provisions of these regulations and such supplementary regulations as may be issued. [Amended 6-19-2001 by L.L. No. 12-2001]
C. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and property.
D. Ride or drive a vehicle at a rate of speed exceeding ten (10) miles per hour, except upon such roads as the Director may designate by posted signs for speedier travel. [Amended 6-19-2001 by L.L. No. 12-2001]
E. Drive any vehicle on any area except the paved park roads or parking areas or such other areas as may on occasion be specifically designated as temporary parking areas by the Director. [Amended 6-19-2001 by L.L. No. 12-2001]
F. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted instructions thereat and with the instructions of any attendant who may be present.
G. Fail to immediately notify an attendant of an emergency in the nature of a breakdown requiring the assistance of a tow truck, mechanic or other person.
H. Fail to use a muffler adequate to deaden the sound of the engine in a motor vehicle.
I. Repair, wash, wax or perform other maintenance on his or another vehicle.
§ 159-9. Bicycles and horseback riding. [Amended 7-13-1993 by Ord. No. 93-CE-9]
No person shall:
A. Ride a bicycle on other than a road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or on any paved area reserved for pedestrian use.
B. Ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in single file when two (2) or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicles they may be meeting.
C. Ride any other person on a bicycle.
D. Leave a bicycle in a place other than a bicycle rack when such is provided and there is a space available.
E. Leave a bicycle lying on the ground or paving or set against trees or in any place or position where other persons may trip over or be injured by it.
F. Ride a bicycle on any road between thirty (30) minutes after sunset and thirty (30) minutes before sunrise without an attached headlight plainly visible at least two hundred (200) feet in front of such bicycle and without a red taillight or red reflector plainly visible from at least one hundred (100) feet from the rear of such bicycle.
G. Ride a horse except on designated bridle trails. Where permitted, horses shall be thoroughly broken and properly restrained and ridden with due care and shall not be allowed to graze or go unattended, nor shall they be hitched to any rock, tree, shrub or structure. [Amended 6-19-2001 by L.L. No. 12-2001]
§ 159-10. Bathing and swimming.
No person shall:
A. Swim, bathe or wade in any waters or waterways in or adjacent to any park, except in such waters and at such places as are provided therefor and in compliance with such regulations as are herein set forth or may be hereafter adopted. Nor shall any person frequent any waters or places customarily designated for the purpose of swimming or bathing, or congregate thereat, when such activity is prohibited by the Director upon a finding that such use of the water would be dangerous or otherwise inadvisable. Such designated bathing areas shall be kept free from any form of water equipment or other floating objects or any other form of device that in the Director's judgment may cause inconvenience, harm, injury or discomfort to bathers, except if such equipment is intended for the protection of life. [Amended 6-19-2001 by L.L. No. 12-2001]
B. Frequent any waters or places designated for the purpose of swimming or bathing, or congregate thereat, except between such hours of the day as shall be designated by the Director for such purposes for each individual area. [Amended 6-19-2001 by L.L. No. 12-2001]
C. Erect, maintain, use or occupy on or in any beach or bathing area any tent, shelter or structure of any kind unless there shall be an unobstructed view into said tent, shelter or structure from at least two (2) sides; nor shall any guy wire, rope or extension or exterior brace or support be connected or fastened from any such structure to any other structure, stake, rock or other object thereof.
D. Appear in bathing costume at any place in the parks or beaches except within the limits of designated bathing places or areas, and all bathing costumes shall conform to commonly accepted standards.
E. Dress or undress on any beach or in any vehicle, toilet room or other place, except in such bathing houses or structures as may be provided for that purpose.
§ 159-11. Town swimming pools: official identification.
A. All persons seeking admittance to the facilities of any Town pool will be required to present an official identification to the attendant in charge or proof of residency in the Town of Huntington.
B. An official identification may be issued by the Director of Parks and Recreation, which is not transferable or redeemable. [Amended 6-19-2001 by L.L. No. 12-2001]
C. All persons who desire to obtain a seasonal membership must first file with the Director of Parks and Recreation a written application upon forms to be furnished by the Director, together with the appropriate fee. [Amended 6-19-2001 by L.L. No. 12-2001]
D. If the Director of Parks and Recreation shall find from the statements contained in the application for a seasonal membership that the applicant is entitled to use the facilities of the pool area applied for, then the Director of Parks and Recreation shall issue to said applicant an official identification; otherwise such application shall be denied. [Amended 6-19-2001 by L.L. No. 12-2001]
§ 159-12. Beach parking. [Amended 4-10-1973 by Ord. No. 73-CE-4; 2-6-1979 by Ord. No. 79-CE-2; 9-26-2006 by L.L. No. 27-2006]
A. It shall be unlawful for any person to use the beaches owned by the Town of Huntington unless there is affixed to the right front passenger-side window of the vehicle a valid resident beach parking sticker or a permit for hybrid or alternative fuel vehicles issued in accordance with this article.
B. Beach parking sticker. Every resident of the Town of Huntington shall be eligible to receive a resident beach parking sticker by submission of proof of residency and payment of the requisite fee established by the Town Board, except that senior citizens who have attained the age of sixty (60) shall, upon submission of proof of residency and of their status as a senior citizen, receive a free beach parking sticker.
C. Hybrid or alternative fuel vehicles.
(1) No fee shall be required for the parking of any hybrid or alternative fuel vehicle which is registered or leased to a resident of the Town of Huntington, and for which a valid permit has been issued by the Huntington Town Clerk. All applicants shall present a copy of the vehicle registration card, proper proof of residency and proof to the satisfaction of the Town that the vehicle is a hybrid or alternative fuel vehicle. Motorists who lease a hybrid or alternative fuel vehicle shall present a copy of the lease and any other proof required by the Town before a permit will be issued. Such permits are not transferable to another vehicle and shall be valid from the date of issuance to 12:00 midnight on December 31st of the year next following the date of issue.
(2) The Director of Public Safety shall provide the Huntington Town Clerk with an updated list of hybrid and alternative fuel vehicles once every three (3) months or sooner if requested by the Town Clerk. In the event a question arises as to whether a vehicle qualifies as a hybrid or alternative fuel vehicle, the decision of the Director of Public Safety shall control and be final.
(3) All such permits shall be securely affixed to the right, rear passenger-side window of the vehicle and shall be unobstructed at all times so as to be clearly visible.
§ 159-13. Beach activities. [Amended 6-19-2001 by L.L. No. 12-2001]
No person shall:
A. Bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters at places designated for swimming or bathing.
B. Fish offshore from Town-operated parks or beaches except from such portions thereof as may be staked off and posted therefor, nor shall any person at any time fish in any area while swimming or bathing is permitted.
§ 159-14. Hunting and firearms.
No person shall hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or air rifles, spring guns, bow and arrows, slings or any other forms of weapons potentially harmful to wildlife and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is forbidden.
§ 159-15. Use of picnic areas. [Amended 6-19-2001 by L.L. No. 12-2001]
A. It shall be unlawful to hold an organized picnic, event, function or outing without having first obtained a special permit from the Director. Applicants for such special permit shall file a written application with the Department of Parks and Recreation on a form provided by the Department no later than two (2) weeks before the event and shall pay the appropriate fee.
B. No person shall:
(1) Picnic in a place other than those places designated for that purpose by the Director. The Director and representatives of the Department of Parks and Recreation may regulate the activities in such areas when necessary to prevent congestion, maintain safety or secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
(2) Acquire use of the individual grills or fireplaces, with tables and benches in violation of the "first come, first served" rule except if it is an organized picnic and exhibits a permit duly issued by the Director.
(3) Use any portion of the picnic areas or of any of the buildings or structures therein for the purpose of holding picnics to the exclusion of other persons, nor shall any person use such area and facilities for an unreasonable time if the facilities are crowded.
(4) Ignite or maintain a fire on any beach or in any park except in grills or fireplaces located in proper, designated areas.
(5) Leave a picnic area before a fire is completely extinguished and before all trash in the nature of boxes, papers, cans. bottles, garbage and other refuse is placed in the disposal receptacles where provided. If no such trash receptacles are available, then refuse and trash shall be carried away from the park area by the picnicker, to be properly disposed of elsewhere.
§ 159-16. Games.
No person shall take part in or abet the playing of any games involving thrown or otherwise propelled objects, such as balls, stones, arrows, javelins or model airplanes, except in areas set apart for such forms of recreation. The playing of active sports or games such as football, baseball and golf is prohibited except on the fields and courts or areas provided therefor. Roller-skating shall be confined to those areas specifically designated for such pastime.
§ 159-17. Huntington Greenway Trail; multi-use trails in Town parks. [Amended 7-13-1993 by Ord. No. 93-CE-9]
A. The Town Board of the Town of Huntington has found that:
(1) There exists in the Town of Huntington a diversity of natural resources in town-owned or -used parks and park preserves, and those managed by other governmental and not-for-profit agencies, which enhance property values, augment a sense of community, afford opportunity for nature study and inspire outdoor recreation. [Amended 10-15-2002 by L.L. No. 50-2002]
(2) The conservation, protection and best management of such park properties is in the interest of the general health and welfare of the public supported by the Comprehensive Plan.
(3) Appreciation of the Town's parkland assemblage can be perpetuated by providing greater opportunities for controlled use and access therein.
B. Huntington Trails Committee. [Added 10-15-2002 by L.L. No. 50-2002]
(1) A Huntington Trails Committee is hereby created to consist of no more than nine (9) members appointed by the Town Board. Each member shall be appointed for a term of three (3) years. However, the first three (3) members appointed shall serve for three (3) years, the second three (3) members appointed shall serve for two (2) years, and the last three (3) members appointed shall serve for one (1) year. A Chairman and Vice-Chairman shall be appointed by the Town Board. The Committee shall report directly to the Town Board. The membership shall have civic, recreational, environmental, legal, scouting, educational, or relevant nonprofit organizational experience. The membership shall serve without salary or compensation.
(2) The purpose of the Committee is to review the Town's park inventory, identify existing trails and recommend new connections: organize periodic hikes to open the outdoors to Huntington residents; convey trails information to the public; report on the condition of trails as necessary and to assist maintenance thereof; and provide comments to the Town's review boards on applications for land use that have potential to affect existing trails and/or potentially important future interconnections.
C. Trails in Town parkland designated. [Amended 6-19-2001 by L.L. No. 12-2001]
(1) On recommendation of the Huntington Trails Committee, with input from the Director of Parks and Recreation and the Director of Planning and Environment, the Town Board may designate and develop or cause to be developed trails or pathway systems in Town parkland consistent with the needs and recommendations established in the Huntington Comprehensive Plan to be networked and collectively known as the "Huntington Greenway Trail." Recommendations from other Town departments and/or other Town Board-appointed advisory committees, may be made to the Huntington Trails Committee for consideration. [Added 10-15-2002 by L.L. No. 50-2002]
(2) The Huntington Trails Committee may request the Director of Parks and Recreation or the Director of Planning and Environment to prevail upon any of the Town's departments, offices, boards and commissions, including but not limited to those of Environmental Waste Management, General Services, Engineering Services and Historic Preservation, to support and assist in planning and development of the Huntington Greenway Trail and/or its component segments. The Land Management Division of the Department of Planning and Environment shall provide staff liaison to the Huntington Trails Committee and will prepare and maintain an Open Space Network Map to include the Huntington Greenway Trail. [Added 10-15-2002 by L.L. No. 50-2002]
(3) To the fullest extent practicable, the Huntington Greenway Trail shall:
(a) Utilize existing trails, rights-of-way, fire lanes, bridle paths and dirt roads and make connections with other trails, including trails marked by outside agencies, thereby minimizing impacts to natural resources and terrain;
(b) Be located with direct access to a roadway;
(c) Have segments that can be restricted to particular nonmotorized uses, such as hiking, jogging, cross-country skiing, horseback riding, bicycling, wheelchair or stroller use;
(d) Highlight and link existing parks and sanctuaries, protected and designated open spaces, school yards and historic sites;
(e) Provide for interpretive signage and opportunities to experience the diverse natural and cultural heritage of the Town;
(f) Encourage and involve state and local agencies, private organizations and volunteers in the planning, development and maintenance of the trail(s) of the greenway;
(g) Have segment management plans prepared for each segment of the trail to assure uniform maintenance and upkeep; and
(h) Have connections to pathways that highlight the character and resources of local communities.
D. Park preserves are jointly managed by the Director of Parks and Recreation and the Director of Planning and Environment pursuant to § 159-4. Any plan(s) to expand or to develop new trails within such areas shall require written assurance from each departmental director that such use will not compromise the specific classification in which the park preserve was designated prior to implementation by the Town Board. [Amended 6-19-2001 by L.L. No. 12-2001]
§ 159-18. Behavior and conduct.
No person shall:
A. Bring alcoholic beverages having an alcoholic content of more than ten (10%) percent, nor shall any person drink alcoholic beverages at any time in the parks or on the beaches, except that at certain specifically designated recreation centers where meals or lunches are served under concession privileges, the sale of alcoholic beverages by such concessionaire will be permitted under the strict regulation and control of the Director. Sales of alcoholic beverages shall be made only in individual drinks (not in original packages or otherwise in bulk) and shall be served for consumption on the immediate premises of the concession. Exception is also made for any organized picnic, event, function or outing that has been previously approved by the Director. [Amended 6-19-2001 by L.L. No. 12-2001]
B.Have entered or be under the influence of intoxicating liquor.
C. Bring or have in his possession, or set off or otherwise cause to explode or discharge or burn, any firecrackers, torpedo, rocket or other fireworks or explosives of flammable material, or discharge them or throw them into any such area from land or highway adjacent thereto. This prohibition includes any substance, compound, mixture or article that in conjunction with any other substance or compound would be dangerous from any of the foregoing standpoints.
D. Except as provided in § 78-3C of the Code of the Town of Huntington, bring a dog or other domestic animal into areas other than automobile parking concourses and walks immediately adjacent thereto. All dogs and domestic animals in those areas where such animals are permitted shall be restrained at all times on adequate leashes not greater than four (4) feet in length and shall not run at large. [Amended 6-19-2001 by L.L. No. 12-2001]
E. Appear at any place in other than proper clothing. With the exception of the restricted bathing areas, "properly clothed" shall be construed to prohibit the wearing of trunks or clothing that does not cover the upper portion of the body.
F. Solicit alms or contributions for any purpose, whether public or private, except where authorized by the Director. [Amended 6-19-2001 by L.L. No. 12-2001]
G. Build or attempt to build or maintain a fire except in such areas and under such regulations as may be designated by the Director. [Amended 6-19-2001 by L.L. No. 12-2001]
H. Gamble or participate in or abet any game of chance.
I. Sleep or protractedly lounge on public seats or benches or other public areas, or behave in loud, boisterous, threatening, abusive, or insulting manner, or engage in disorderly conduct or behavior tending to breach the public peace or cause discomfort or inconvenience to any other person or patron. [Amended 6-19-2001 by L.L. No. 12-2001]
J. Fail to produce and exhibit any permit upon request of any authorized person who shall desire to inspect the same for the purpose of enforcing compliance with any law or rule. [Amended 6-19-2001 by L.L. No. 12-2001]
K. Disturb or interfere unreasonably with any person or party occupying any area or participating in an activity under the authority of a permit.
L. Erect any structure, stand or platform, or hold any meetings, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any park without first obtaining authorization.
M. Utilize the Town parks for any purpose other than recreation.
N. Smoke a tobacco product; herbal product; cigarette; pipe or cigar in an outdoor playground. This prohibition applies only to public playgrounds and is not intended to include private property to which the general public does not generally have access or private areas used exclusively for private functions. "No Smoking" signs, or the international "No Smoking" symbol, which consists of a pictorial representation of a burning cigarette enclosed in a circle with a bar across it, shall be prominently posted where smoking is regulated by this Article. In the event a playground is not enclosed by fencing or other partition, no smoking shall be permitted beyond the signs posted in accordance with this section. [Added 7-2-2002 by L.L. No. 21-2002]
§ 159-19. Merchandising, advertising and signs. [Amended 6-19-2001 by L.L. No. 12-2001; 7-2-2002 by L.L. No. 22-2002]
A. No person or business entity, including a not-for-profit, religious, cultural or charitable organization, shall, within a park or within twenty-five (25) feet of a park and any portion of a highway, roadway, sidewalk, walkway or path located thereat, engage in the following acts:
(1) Expose, display or show, or cause another to expose, display or show, for sale, lease or hire any article, product, service or thing; or
(2) Station, park, deposit or place, or cause another to station, park, deposit or place any stand, cart, wagon or vehicle for the transportation, sale, lease or hire of any article, product, service or thing; or
(3) Posts erect and/or maintain, or cause the posting, erection and/or maintenance of any sign, placard, advertisement or inscription for the sale, lease or hire of any article, product, service or thing.
B. The prohibitions and restrictions contained in this section shall apply to signs, placards, advertisements and/or inscriptions which promote, advertise, publicize and/or endorse sponsors of sporting, cultural and/or artistic events and/or activities, a person or business entity who sells, leases, provides, manufactures and/or distributes any product, item, service or thing and/or religious, political or cultural beliefs.
C. The provisions of this section are not intended to apply to activities conducted in the course of a carnival, circus, fair or amusement event for which a permit has been obtained in accordance with Chapter 91 of the Code of the Town of Huntington, or activities pursuant to Chapter 149, or for which a license has been granted by the Town Board, or for which a duly executed contract has been executed with the Town of Huntington.
D. All signs, placards, advertisements or inscriptions which have been duly authorized prior to the effective date of this legislation shall be permitted to remain in place until January 1, 2003. Thereafter, the maintenance of such signs, placards. advertisements or inscriptions shall be in violation of this Article.
§ 159-20. Hours of use; opening and closing of parks. [Amended 6-3-1975 by Ord. No. 75-CE-9; 6-3-1975 by Ord. No. 75-CE-10; 6-17-1975 by Ord. No. 75-CE-13; 2-6-1979 by Ord. No. 79-CE-2; 3-13-1979 by Ord. No. 10-1979; 5-8-1979 by Ord. No. 79-CE-8; 8-7-1979 by Ord. No. 79-CE-9; 9-8-1980 by Ord. No. 80-CE-39; 10-14-1980; 9-22-1981 by Ord. No. 81-CE-26; 6-10-1986 by Ord. No. 86-C-10; 10-7-1986 by Ord. No. 86-CE-14; 6-19-2001 by L.L. No. 12-2001]
A. Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year except during those hours designated below during which such parks shall be closed. Except in the event of scheduled events, it shall be unlawful to park, loiter, use, occupy or congregate at the below-mentioned times in those areas so designated. The opening and closing hours for each individual park shall be posted therein for public information. The hours during which individual parks shall be closed are as follows:
| Name of Park | Hours Closed |
| Alfred J. Walker Park (Eleventh Street Park) | 11:00 P.M. to Sunrise |
| Arboretum Park | Sunset to Sunrise |
| Asharoken Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| *Betty Allen Twin Ponds Nature Park | |
| Caledonia Park | Between sunset and sunrise |
| Caravan Park | Between sunset and sunrise |
| Cedar Road Park | Between sunset and sunrise |
| Centerport Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Clay Pitts Park | Between sunset and sunrise |
| Cold Spring Harbor Library Park | Between sunset and sunrise |
| Columbia Street Park | Between sunset and sunrise |
| Commack Park (Wicks and Road Park) | Between 11:00 p.m. and sunrise |
| Cow Harbor Park | Between 11:00 p.m. and sunrise |
| Crab Meadow Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Crab Meadow Golf Course | Between sunset and sunrise |
| Crescent Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Depot Road Park | Between sunset and sunrise |
| Dix Hills Golf Course | Between sunset and sunrise |
| Dix Hills Ice Rink | Between 11:00 p.m. and sunrise |
| Dix Hills Park Pool | Between sunset and sunrise |
| East Northport Park | Between sunset and sunrise |
| *Edwin and Gertrude Grace Nature Preserve | |
| Elwood Park | Between sunset and sunrise |
| Fair Meadows Park |
Monday through Friday, between sunset and 7:00 a.m.; Saturday and Sunday, between sunset and 9:00 a.m. |
| *Farmington Lane Park (Butterfly Park) | |
| Fleets Cove Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Fourth Street Park | Between sunset and sunrise |
| Geisslers Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Gold Star Battalion Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Greenlawn Park | Between 11:00 p.m. and sunrise |
| Halesite Park | Between sunset and sunrise |
| Heckscher Park | Between 11:00 p.m. and sunrise |
| Hobart Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Koster Park | Between sunset and sunrise |
| Little Plains Park | Between sunset and sunrise |
| Manor Field Park | Between 11:00 p.m. and sunrise |
| Manor Plains Nature Park | Between sunset and sunrise |
| Melville Park | Between sunset and sunrise |
| Mill Dam Park | Between 11:00 p.m. and sunrise |
| Oakwood Park | Between 11:00 p.m. and sunrise |
| Otsego Park | Between 11:00 p.m. and sunrise |
| Rifle Range | Between 11:00 p.m. and sunrise |
| Sunshine Acres | Between sunset and sunrise |
| *Timber Ridge Conservation Area | |
| Verleye Avenue Park | Between sunset and sunrise |
| Veterans Park | Between sunset and sunrise |
| Village Green Park | Between sunset and sunrise |
| Walt Whitman Park | Between sunset and sunrise |
| West Neck Beach |
Sunset to 8:30 a.m. (Memorial Day weekend through Labor Day weekend, 8:00 p.m. to 8:00 a.m.) |
| Wolf Hill Park | Between 11:00 p.m. and sunrise |
| *Town park preserve | |
B. Any parcel of land owned by the Town of Huntington which is either dedicated parkland or under the jurisdiction of the Department of Parks and Recreation and not listed above shall be closed from sunset to sunrise. During such hours all activities will be restricted from these areas; provided, however, that group activities may be permitted if an appropriate permit has been obtained from the Department of Parks and Recreation. In all cases, the Director of Parks and Recreation shall have the authority to adjust the opening and closing hours of all park facilities as particular conditions may require.
C. Any park or part thereof may be declared closed to the public or closed to certain uses by the Director at any time for any interval of time, either temporarily or at regular and stated intervals (daily or otherwise), as in the discretion of the Director is reasonably necessary to maintain order or to protect the health, safety and welfare of park users.
D. The Director of Parks and Recreation may extend the hours of closing of the restaurant, parking and boardwalk at Crab Meadow Beach to not later than 1:00 a.m., on application of the restaurant operator and on such other terms and conditions as the Director of Parks and Recreation may deem appropriate.
§ 159-21. Permits.
A. Effect of permit. A permittee shall be bound by all rules and regulations as though the same were inserted in said permit.
B. Liability of permittee. The person or persons to whom a permit is issued shall be liable for any loss, damage or injury to person or property sustained by the Town of Huntington, its officers and employees or any member of the public by reason of the negligence or willful act of the permittee or any attendee. [Amended 6-19-2001 by L.L. No. 12-2001]
C. Revocation of permit. The Director shall have the authority to revoke a permit upon a finding of a violation of any law, rule or ordinance or upon good cause shown by notice to the permit holder by certified mail, return receipt requested. [Amended 6-19-2001 by L.L. No. 12-2001]
§ 159-22. Rules and regulations. [Amended 6-19-2001 by L.L. No. 12-2001]
The Director shall develop such rules and regulations as he or she may deem proper or necessary to maintain the safety and welfare of those using Town parks.
§ 159-23. Enforcement; penalties for offenses. [Amended 6-19-2001 by L.L. No. 12-2001]
A. In addition to such other duties as may be imposed by law, the Director of Parks and Recreation and Director of Public Safety, or their designees, shall have the authority to enforce the provisions of this chapter.
B. The Director of Parks and Recreation and the Director of Public Safety, or their designees, or members of the Suffolk County Police Department, shall have the authority to enforce and/or eject from a park any person violating the provisions of the Code of the Town of Huntington or any other law, rule or statute.
C. A person or business entity who commits or permits any acts in violation of any provision of this chapter shall be deemed to have committed an offense against this Article and shall be liable for such violation and the penalty therefor, and shall upon conviction thereof, be subject to a fine or penalty of not less than two hundred fifty ($250) dollars and not more than one thousand ($1,000) dollars. Each day such violation continues or is permitted to exist following notification by the Town, or service of a notice of violation or summons shall constitute a separate offense, punishable in like manner. [Added 7-2-2002 by L.L. No. 21-2002]
D. A person who violates the provisions of § 159-18N of this Article shall be liable for such violation and the penalty therefor, and shall upon conviction thereof, be subject to a fine or penalty of seventy-five ($75) dollars. [Added 7-2-2002 by L.L. No. 21-2002]
E. Seizure of property. The Director of Parks and Recreation and the Director of Public Safety, or their designees, shall have the authority to seize and confiscate any property, item or device prohibited in the park or used in violation of the Code of the Town of Huntington, as in their discretion is necessary to protect the health, safety or welfare of park users or to preserve the peace and order.
ARTICLE II
Fees and Permits
[Added 5-10-1971 by Ord. No. 71-CE-9; amended 2-6-1979 by Ord. No. 79-CE-2]
§ 159-24. Definitions.
As used in this chapter and in any schedule of fees, rule or regulation adopted pursuant thereto, the following terms shall have the meanings indicated:
ADULT — Any person, male or female, who has attained the age of eighteen (18) years and who is a resident of the Town of Huntington.
ANNUALLY — One (1) season, when the recreational facilities are open for use, running from April 1 of the year of issuance to March 31 of the following year.
CHILD — Any person, male or female, who has not attained the age of eighteen (18) years [i.e., seventeen (17) years of age and under] and who is a resident of the Town of Huntington.
DAILY — Any day of the week, Sunday through Saturday, respectively, including holidays.
FAMILY MEMBERSHIP — Includes the husband, wife and all children of the marriage who are under the age of twenty-one (21) years of years and which members of the family all reside in the same household. Membership shall be for one (1) season only, and such family must be residents of the Town of Huntington continuously during the season.
GUEST — Any person or persons, male or female, of any age, who is not a member of the family and must attend with a resident of the Town of Huntington.
INDIVIDUAL MEMBERSHIP — Membership which may be obtained by any person, male or female, who is a resident of the Town of Huntington and who is over the age of one (1) year. The Director of Parks and Recreation may establish additional rules, regulations or restrictions with respect to individual memberships as in his or her discretion are necessary to protect the health, safety or welfare of the public or ensure the proper and safe maintenance of facilities. [Amended 6-19-2001 by L.L. No. 12-2001]
PROOF OF RESIDENCY — Such proof of residency produced by any person or persons seeking admission as is deemed sufficient and satisfactory to the Director of Parks and Recreation, his agents or employees. [Amended 6-19-2001 by L.L. No. 12-2001]
RESIDENTS — Any person or persons whose principal abode lies within the geographical boundaries of the Town of Huntington, County of Suffolk, State of New York. [Amended 6-19-2001 by L.L. No. 12-2001]
RIFLE RANGE — The Town of Huntington rifle range located on the north side of Spagnoli Road, west of Route 110, Melville, New York. [Amended 6-19-2001 by L.L. No. 12-2001]
WEEKDAYS — Monday through Friday, exclusive of holidays.
WEEKENDS — Saturdays and Sundays and holidays, whether the holiday falls on a weekday or weekend.
§ 159-25. Schedule of fees; permits.
A. The Town Board may establish and amend the recreational program schedule and fees and charges for participation in any Town-sponsored programs or for the use of park facilities known as the "Schedule of Recreation Fees." Such schedule shall include but not be limited to: [Amended 6-19-2001 by L.L. No. 12-2001]
(1) Use of the Dix Hills Swimming Pool.
(2) Use of the Dix Hills and Crab Meadow Golf Courses.
(3) Use of boat launching ramps.
(4) Use of the Town rifle range.
(5) Use of the Town ice rink.
(6) Dinghy storage at beaches.
(7) Beach parking permits.
(8) Use of off-leash areas (dog parks).
B. The Schedule of Recreation Fees described above may provide for special rates to be charged senior citizens, guests, teens, organized groups, etc., as deemed appropriate by the Town Board.
C. Use of boat ramps. The following shall apply to the boat launching ramps known as the "Town of Huntington Mill Dam Ramps," except where expressly stated otherwise:
(1) Commercial boat launching businesses whose principal place of business is situated in the Town of Huntington shall be issued a permit to use the Mill Dam Ramp upon payment of an annual fee as specified in the Schedule of Recreation Fees.
(2) A resident who has been issued a resident beach parking sticker shall be entitled to use, at no charge, all authorized Town of Huntington launching ramps to launch and remove a boat owned by the holder of a resident beach parking sticker.
(3) Persons not owning a commercial launching permit or a resident beach parking sticker issued by the Town of Huntington shall pay such fee as is specified in the Schedule of Recreation Fees.
D. Rifle range resident permit. A resident permit for use of the Town rifle range shall be issued to a resident on submission of satisfactory proof of residency in the Town of Huntington and two (2) current photographs, one and one-half inches by one and one-half inches (1 1/2 inches by 1 1/2 inches) in size, and upon payment of the fee specified in the Schedule of Recreation Fees. All such permits shall expire on December 30 of the year in which issued.
E. Dinghy storage at beach. A resident of the Town of Huntington may, during the beach season each year, store a dinghy not exceeding fourteen (14) feet in length upon payment of the fee specified in the Schedule of Recreation Fees. The Town of Huntington assumes no responsibility or liability for loss, property damage, theft or vandalism of any boat or dinghy, and the owner thereof assumes full responsibility for the same. [Amended 6-19-2001 by L.L. No. 12-2001]
