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This report outlines what
the TOH posed (at our May 8th meeting with them) as their position
on nighttime beach access. The report does NOT in any
way define the PLCA's position.
History
& Purpose: In recent years misunderstandings and false
impressions, regarding nighttime access to Civic
Beach
during the summer season,have led to appearance tickets and fines
being issued to Point Lookout residents and their guests. On
May 8, 2003, the Point Lookout Civic Association conducted a meeting with the
Town of
Hempstead
(the “Town
” or TOH). Its purpose was to eliminate the confusion
surrounding such access by having the Town pinpoint the underlying
issues and precisely define its respective policy objectives. This
report discloses what the Town pinpointed and defined.
Among others, the meeting and ancillary phone calls provided the
Board with the following VERBAL understandings:
- Civic
Beach
is NOT an exclusive private beach. It is a qualified private beach
in a special park district. It falls under the jurisdiction and
supervision of Parks & Recreation (P&R), subject to its
rules and regulations;
-
Public
Safety (P/S) postured its role is to assist in protecting:
residents’ rights, Town property and its fiscal well being
(i.e., your tax dollars); and, therefore, attempts to prevent
lawsuits by prudently effectuating Town (in this case P&R)
policy;
- Signs at entrances to
Civic Beach say: “Park Closes at Dark”; and they mean what they say.
Translated: Under Town code, any and everyone is subject to being
removed from the park, issued appearance tickets and fined for
trespassing after that time. CLOSED MEANS CLOSED.
- Basically, Town code and signage allow the TOH to hold the legal
advantage, granting it the power to: exercise its
responsibilities; be as diligent or vigilant as it deems
necessary; and defend its actions when having acted in such
manner. Given an incident, the Town’s bottom line position could
be: You were in the park after dark; therefore, you are subject to
the consequences.
Does
this necessarily mean Public Safety will be mercenary or impose
martial law?
Commissioner
of P/S Montefusco’s answer was a definite: “NO”. BUT he was
quick to assure the Board P/S would be prudent, conscientious and
officious. Under general circumstances the Town could be deemed
negligent if its officers did not perform their duties in such
manner, and certainly on a complaint. He indicated P/S would not
aggressively seek out trouble BUT would act IF it: happens upon
it; is called to it; or can prevent it.
The
Town’s summer policy toward Civic will remain unchanged. We were assured P/S has every intention of
enforcing Town policy with the same presence, diligence and
discretion it has exhibited there in recent summers.
Will
beach tags help? The answer is an emphatic: “NO”! A tag will
neither entitle a Point Lookout resident to special treatment nor
immune him/her from being subjected to Town code in any way.
Can
the Board offer additional guidelines? If you visit
Civic
Beach
after dark, you may be subject to penalties for violating Town
code. It was strongly suggested nighttime visitors keep a low
profile and not draw attention to themselves. Further, due to
personal safety and liability issues, venturing into the water
after dark is inherently off limits and may result in penalties.
Tickets were issued to adults last year for this offence.
In
any case, one message should resonate: If told to leave, do
yourself a favor. Don’t “wiseass” and don’t get in the
officer’s face. That’s definitely ticket material. Just leave.
Note:
For the most part, the above report pertains to the ball
field/cove area as well.<>
Finally,
if: (i) you wish to question or comment on this report; or (ii)
you do have an encounter with Public Safety, which you believe to
be unreasonable or overly vigilant, please record all the details
and send a hard copy to: F. Ryan or G. Ottavino, c/o Point Lookout
Civic Association, P.O. Box 391, Point Lookout, NY 11569-0391 or
gottavino@schlossco.com.
The
unabridged version of this report was handed out at the Point
Lookout Civic Association’s
6/5/03
general meeting.
For
a copy of that version contact G. Ottavino, Chair, Beach & Environmental Committees.
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