Table of Contents
Introduction
The Beach Rules pragmatically express how POENB will fulfill its mission to preserve and maintain the two Beach Properties.
The Beach Rules also use defined terms and reference other POENB Rule and Policies.
The first letter of a key term is CAPITALIZEDthroughout this document. Key Terms and Definitions are listed in alphabetical order and are found in a separate document.
In addition to the Beach Rules and Key Terms and Definitions, POENB has five other Rules and Policies. All seven documents are posted on the POENB website (www.eatonsneck.org).
Members and other interested parties should consult and carefully readthe Beach Rules, Key Terms and Definitions and five other POENB Rules and Policies documentsto have a comprehensive understanding of POENB’s management practices.
The Board may modify, update or rescind POENB’s Rules and Policies to adapt to new legal requirements, strategic goals and/or operational needs. Typically, the Board evaluates the POENB Rules and Policies on an annual basis. However, in selected cases, POENB may need to modify the Rules and Policies during a given year to properly manage the Beach Properties for the benefit and safety of the Members. Changes to these Rules and Policies are permitted based on a simple majority vote by the Board of Directors.
The Board will communicate to Members material changes to the Rules and Policies during the Member Meetings and/or via emails or announcements on social media.
An Appendix to the Beach Rules contains a Version Control Table that identifies the name, version, and “as of” date for the Beach Rules and the Member who made the changes. It also identifies the Board Member (by Title) who is responsible for ensuring (1) the accuracy, completeness, currency, and reasonableness of the Beach Rules on a go-forward basis, and (2) the intellectual consistency of the Beach Rules with related POENB Rules and Policies.
POENB disclaims all liability for personal injury, property damage, or loss arising from use of Association properties, except those caused by the Association’s gross negligence. All users (Members, Member Household, Member Guests, Beach Party/Event Attendees, Resident Non-Member Property Owners, Authorized Vendors and Party / Event Vendors) assume all risks associated with beach activities and agree to indemnify and hold harmless the Property Owners of Eaton’s Neck Beach Inc. (POENB), its Board, and Members from claims related to their use, guests, or events.
Feedback or questions: Contact info@eatonsneck.org.
Beach Rules Purpose and Applicability
The Beach Rules were created to promote and protect the safe, respectful, and equitable use of the POENB, Inc.’s (“POENB” or “the Association”) two Beach Properties: Price’s Bend and Valley Grove.
Because the POENB beaches are private property, solely and exclusively owned by POENB, Inc., only authorized individuals, often under specific constraints, may lawfully enter these Beach Properties.
The four categories of individuals are:
- POENB Members – including all individuals in a Member’s Household, Guests of a Member (as outlined in the Guest Policies), and Attendees (or individuals invited to a Beach Party / Event hosted by Member in accordance with the Beach Party / Event Rules)
- Resident Non-Member Property Owners (“RNMPOs”) who were granted Access and Usage Rights per the Limited Easement included in a 1960 Indenture Agreement between Eaton’s Neck Sound Corporation (“ENSC”) and POENB, Inc. Easement access and use are subject to restrictions, limitations and conditions set forth by POENB and outlined in the Easement Rules, and
- Authorized Vendors or third-party businesses hired by POENB, Inc. to perform routine and one-off maintenance (e.g., landscaping, beach grooming, garbage collection, plumbing and electrical services, and security activities) and improvements
- Party/Event Vendors – are third party businesses hired by a Member for a Beach Party/Event. Authorized Vendors may also be Party/Event Vendors if the Member uses a POENB Authorized Vendor for their Party/Event. However, a Party/Event Vendor could be separate and distinct from POENB’s Authorized Vendors.
These Beach Rules apply to all four categories of individuals.
Non-residents and unauthorized vendors have no legal right to access or use the POENB Beach Properties.
Rules Governing Parking
- Per order of the Town of Huntington, parking on the streets in front of the two POENB Beach Properties (Birmingham Drive for Price’s Bend and Westview Road for Valley Grove) is not permitted under any circumstances.
- Access to the Price’s Bend parking lot shall be limited to:
- The vehicles of Members In Good Standing, who have provided a security deposit for a Clicker to enter and exit the parking lot via the security barrier arm
- The vehicles of POENB Authorized vendors, who have provided a security deposit for a Clicker to enter the properties to clean, maintain and preserve the beaches.
- The vehicle of a Guest who has been invited to a POENB sponsored social event by a Member, and
- The vehicle of an individual who has been invited by a POENB Member to a private beach / event, sponsored by the Member and approved by POENB. Please refer to the Beach Party/Event Rules, which outline how, when and what Member should submit a request to POENB to rent the beach for a private event.
- All vehicles not meeting the conditions listed above – meaning Resident Non-Member Property Owners, Non-Residents, Non-Guests and unauthorized vendors) will be towed at the owner’s expense. POENB also reserves the right to prosecute the vehicle owner for trespassing.
- Members may only park in the designated parking lot area at Price’s Bend; there is no “on property” parking at Valley Grove.
- All vehicles parked in the Price’s Bend parking lot must exit the parking lot at the end of beach operating hours (9:00 pm during Beach Season and at dusk all other times). The parking lot may close later for POENB sponsored events or for a private, member sponsored event (per the Beach Party/ Event Rules)
- Overnight Member parking in the Price’s Bend parking lot is prohibited, unless requested in advance and granted by the POENB Board.
Beach Security, Data Collection and Privacy and Surveillance
The Association is committed to the safety and security of its two Beach Properties. As a result, POENB has installed three security cameras at Price’s Bend:
- One camera faces the Price’s Bend parking lot
- One camera faces the Price’s Bend beach, and
- One camera is pointed at vehicles who access the Price’s Bend parking lot from Birmingham Drive using the security gate
The camera pointed at vehicles entering Price’s Bend via the Security Gate can and does collect audio. All other cameras collect video data only.
When a Member voluntarily determines that he/she would like to use a vehicle to enter Price’s Bend and parking in the Price’s Bend parking lot, the Member must provide a one-time security deposit to rent a Clicker. A Member can use this remote access device or Clicker is safely raise and lower the security gate (FAAC B680H Hybrid/Hydraulic Barrier Gate Operator) at Price’s Bend from the comfort of their vehicle. The Gate Operator captures the vehicle’s entry and exit date and time as well as the Member assigned Clicker ID used to open the gate. POENB links the ID for each Clicker to a Member’s name, address and contact details (e.g., phone and/or email).
POENB has posted highly visible signs at Price’s Bend alerting all individuals (e.g., Members, Resident Non-Member Property Owners (RNMPOs), Authorized Vendors, Guests and Private Party Invitees or persons invited to a Member sponsored private party) that Price’s Bend area is under security camera surveillance.
Valley Grove does not have security cameras, but the property does contain signage that states that the beach is private property.
POENB has a separate policy that addresses how POENB collects, collects, uses, stores, and protects information in compliance with New York State laws, including the SHIELD Act (S.5575-A/A.5688) for data security and one-party consent rules for audio recordings (Penal Law § 250).
By using the gate, obtaining a Clicker, or entering the premises, Members, Authorized Vendors, Individuals invited to a Private Party, and Guests consent to POENB’s Security and Data Policy.
Questions? Contact info@eatonsneck.org and/or see POENB’s Security and Data Policy on POENB’s website.
General Rules Governing Beach Property Usage
- Beach Season and Hours of Operation: POENB’s “peak beach season” runs from Memorial Day to Labor Day. During Beach Season, the two beaches are open from 8:00 AM to 9:00 PM. During the non-beach season (all other times), the beaches are open from sunrise to sunset. See Beach Party / Event Rules for the operating hours during a group event or party.General ConductAll Individuals legally permitted to enter the POENB Beach Properties (e.g., Members and their Household, Guests and Invited Private Party Attendees, Resident Non-Member Property Owners (“RNMPOs”), and Authorized Vendors) must always comply with all Beach Rules.Individuals (listed above) should conduct themselves in respectfully manner and avoid disrupting others on the properties or in neighboring homes.POENB is not liable for injuries, damages or losses.
- Members collectively assume all risks for themselves, their Household and their Guests
- Unauthorized and Unlawful Behavior
- NO vehicles are permitted on the beach – except for Authorized Vendors hired by POENB to maintain and preserve the beach property or vehicles used by POENB volunteers for maintenance and beautification.
- No fireworks
- Illegal substances, excessive consumption of alcoholic beverages, gambling, firearms or unlawful behavior as outlined in local, state and federal statutes are not permitted on the POENB Beach Properties
- Intoxicated persons may be asked to leave the Beach Property
- Swimming
- Swim in designated areas (within the “swim lines”)
- Swim at your own risk. POENB does not provide lifeguards or CPR-certified staff in any part of the beaches
- Watercraft
- Do not bring watercraft into the designated swimming zone
- Moor boats at least 200 feet from the high watermark
- Picnic Tables and Umbrellas
- Keep the picnic tables and benches clean; share tables if busy
- Request umbrellas for picnic tables within 72 hours of desired use via info@eatonsneck.org (umbrellas are for Member use only).
- Cooking Food /Charcoal Grill Usage
- An open fire on any part of the POENB properties is prohibited.
- Food must be cooked on the provided grills and in accordance with the Charcoal Grill Rules (see below)
- Beach Cleanliness – Do not litter. Maintain the Beach Properties in pristine condition. Dispose of all trash by placing it in designated garbage pails, the dumpster, or by taking it with you.
- Unsafe Conduct
- Rock throwing, shoving, loud music, fighting and boisterous behavior or unsafe conduct are not tolerated in the water or on the Beach Property
- Use playground equipment as intended
- Other Prohibitions
- Fishing, clamming, or digging for bait is prohibited in all parts of the POENB Beach Properties.
- Pets, leashed and unleashed, are prohibited in all parts of the POENB Beach Properties – given health concerns and human safety and environment issues.
- Camping is not allowed.
Charcoal Grill Usage Rules
- User Responsibility. Individuals who choose to use the charcoal grill are solely responsible for its proper operation, including but not limited to safely lighting and extinguishing the coals, monitoring the grill/coals at all times during use, and ensuring all ashes are fully cooled and disposed of afterward. Users are also responsible for any accidents, injuries, damages, or liabilities arising from their use of the grills.
- Safety Guidelines.
- When lighting, arrange charcoal in a pyramid and use only charcoal starter fluid—never gasoline or other flammables
- Cap the fluid immediately and store it away from the grill.
- Keep flammable materials at least 10 feet away, never leave the grill unattended, and always supervise children and pets.
- Do not add lighter fluid to an existing fire.
- Grill Extinguishing and Disposal. Allow coals to burn out completely or close vents to suffocate the fire, then douse with water if needed. Let ashes cool before disposing in a non-combustible metal container—never in plastic, paper, dumpster or directly on the ground.
- Cleanliness and Maintenance. Users must clean the grill after each use, removing food residues and cooled ashes, and dispose of all waste properly to keep the area tidy and prevent attracting wildlife.
- Reporting Issues. If you notice any maintenance needs or safety concerns with the grill, please report them immediately to the board at info@eatonsneck.org. We appreciate your cooperation in helping us maintain a safe and welcoming environment for everyone. If you have any questions or feedback, feel free to reach out.
Guest Policies and Rules
- During the Beach Season (Memorial Day to Labor Day), Members are allowed to bring up to four (4) Guests on a single day. Members may also invite a total of 30 Guests in a single year.
- Members are on their honor not to misuse their Guest privileges.
- There is no limit on the number of times a single Guest can be invited to the beaches in a single POENB Membership Year (April 1 to March 31). For example, a Member could invite the same person to the beach 30 times in a single year or 30 different people in a single year.
- The number of Guests a Member may invite per day and the total number of Guests a Member may invite over a single POENB membership year excludes POENB sponsored social events. For example, if a Member invites four individuals to the POENB Sponsored Social Event that is Open to the Public (i.e., Easter Egg Hunt, 4th of July Parade, or Turkey Trot), those four individuals are not “counted” toward the total number of Guests a Member can invite to the beaches in a given membership year.
- All Members must always physically accompany their Guests at the beach. At no time, should a Guest be unaccompanied and/or allowed “unfettered” access to and usage of the Beach Property and Member-only Beach Amenities.
- Members are financially and legally responsible for the conduct of their Guests, and are expected to communicate the Beach Rules to their Guests and ensure their Guests abide by the Beach Rules.
Rules Governing the Commercial Use of the Beach Facilities
- Commercial activities, including non-POENB fundraising activities, are not permitted on the Association’s properties. No person or legal entity (other than POENB) can charge admission, ask for money, execute an in-kind exchange or request a donation to use a POENB beach or attend a party or event.
- No Member can conduct commercial activities on POENB beach properties. These commercial activities include, but are not limited to, (1) offering lessons or instructional programs (e.g., painting, music, language, swimming, sailing, or exercise), (2) conducting meetings, or (3) filming a movie, producing a play, or hosting a concert. These prohibitions are absolute and are meant to be interpreted in the broadest sense possible. POENB, Inc. is not insured for commercial activities that it does not sponsor and cannot easily be linked to advancing its three-fold mission.
- POENB disclaims all liability for any such prohibited activities and reserves the right to pursue remedies, including indemnification and damages, against violators.
- Members, however, can use the Beach Properties for NON-Commercial events. These non-commercial events are private, invitation only gatherings and include (1) personal celebrations (birthdays, anniversaries) and (2) civic, social or community (scouting, sports team, or club or religious group) get togethers.
- The requirements for using beach and the actions while on the beach (end time, noise levels, garbage removal) are included in the Beach Party /Events Rules
- The Event Rules require a Member to (1) identify the type of event and request a reservation for a specific date and time, (2) if the beach is available and the request is approved, provide a security deposit, (3) pay a rental fee, and (4) buy additional event insurance to cover accidents or liabilities.
