Kite flyers no longer scofflaws in Bayville after code change 

Bursts of color soaring into the skies on a string have been such an ordinary scene on breezy days in Bayville that no one seemed to notice flying a kite was outlawed in the North Shore village.

Mayor Steve Minicozzi told residents at a hearing last month that village officials wanted to change the law because kite flying was illegal.

Someone in Village Hall gasped, saying: “You are kidding, right?” 

But Minicozzi, who wasn't kidding, was among trustees who then amended the code with an unanimous 5-0 vote.

“Now when you tell someone to go fly a kite in Bayville, they can do it legally,” Minicozzi said in an interview last week.

Village code dating to 1974 prohibits aircraft from taking off or landing within the village limits without special permission unless it’s for emergency, law enforcement or military purposes. The definition of “aircraft” had been broad in the code. 

“The term 'aircraft' shall be understood to include airplanes (including seaplanes), helicopters, drones, balloons, kites and kite balloons," it had said.

The code includes stiff penalties for violations — fines of up to $500 and up to 15 days in jail.

But now kites, kite balloons and balloons have been removed from the code under the village’s definition of aircraft.

Minicozzi said he had been unaware kite flying was illegal until a parent who didn't want his daughter to break the law brought it to his attention.

“All of us were not even aware of that and once it was pointed out obviously we figured it was time to strike that out of there,” Minicozzi added.

The resolution amending the code said it will “allow for greater recreational activities in the village.”

Bayville merchant Mary-Jean Hunt has been selling kites from her store Over the Bridge on Ludlam Avenue for years and hadn’t known flying them had been illegal.

“Honestly I think most people really didn’t know,” Hunt said.

Last week she had 13 small kites for sale for $10 among the store’s stocks of gifts and beach-themed décor. Mostly she sells kites to families, she said.

“They’ll come in with their kids on a Saturday when it’s a breezy day or if they’re coming to the beach for the day,” Hunt said.

The store owner said she also enjoys kite flying with her family.

“It’s just fun,” Hunt added.

A Newsday review of Bayville's code also showed a ban on kite flying on village beaches, of which the mayor said: "If it's in there, obviously we would need to remove it from there too."

Three beaches that are either in or adjacent to Bayville, which is within the Town of Oyster Bay, are town-owned and have separate rules. Those locations are Charles E. Ransom Beach, Stehli Beach and Centre Island Beach.

While Oyster Bay's code prohibits kite flying on all town-owned beaches except in designated areas, the code is "outdated," according to town spokesman Brian Nevin.

“The code says it’s banned unless posted,” Nevin said in an email. “It’s the opposite. It’s allowed unless otherwise posted.”