[HISTORY: Adopted by the Board of Trustees of the Village
of Huntington Bay 3-15-2022 by L.L. No. 1-2022. Amendments noted where
applicable.]
The following regulations, adopted pursuant to Sections 46 and
46-a of the Navigation Law of the State of New York, are deemed by
the Board of Trustees to be in the best interests of the Village and
enacted for the purpose of protecting and promoting safe navigation,
bathing, fishing and other recreational uses. They are intended to
preserve the waterfront vistas, natural beauty, ecological value and
wildlife habitat by restricting mooring in certain areas to recreational
vessels generally, and in other areas, to recreational vessels owned
and/or registered to Village residents or to a private club or homeowner's
association that owns waterfront property, or a member thereof. In
order to protect against the potential for the approval of piers,
docks and other water-dependent structures by other jurisdictions
that may not share the same concerns about the impacts from the unregulated
use of waters surrounding the Village, and to eliminate the possibility
of the shared and for-rent use of docks by persons having no relationship
to the Village, the Board finds that it is necessary to prohibit vessels
from mooring to water-dependent structures that are not physically
attached to and do not extend from real property located within the
geographic boundaries of the Village. The Board finds that these regulations
will ensure the healthful and safe enjoyment of the waters bordering
the Village and promote and protect the good order, peace, health,
safety, morals and general welfare of the Village and its residents.
The following words and terms shall, for the purpose of this
chapter, have the meanings herein indicated:
The lassoing, tethering, tying, or otherwise securing of
a vessel to or upon a fixed object, such as a mooring buoy, dock,
quay, wharf, jetty, pier, float or other structure or object, including
an anchor, that is piled into or that rests upon underwater lands.
A vessel manufactured or operated for pleasure and noncommercial
purposes. Any vessel engaged in the carrying of passengers for consideration
shall not be considered a recreational vessel.
Any watercraft intended to carry persons or house or store
materials in, on or under water at any time during the use thereof.
The area of the waters adjacent to the Village defined in § 48-3 of this chapter.
The Village of Huntington Bay.
Pursuant to the authority granted to the Village by Section
46 of the Navigation Law of the State of New York, the Board of Trustees
hereby creates a Vessel Regulation Zone consisting of all waters bordering
the Village, extending to a distance of 1,500 feet from the shoreline
at the low water mark.
A.Â
Mooring restrictions. The mooring of vessels within the Vessel Regulation
Zone shall be restricted as follows:
(1)Â
The waters of Huntington Harbor bordering the portion of the Village
between Wincoma Point and the boundary of property now or formerly
designated on the Suffolk County Tax Map as District 0400, Section
03200, Block 0400, Lot 001000, and extending to a distance of 250
feet from the shoreline, shall be restricted to the mooring of recreational
vessels.
(2)Â
The waters of Huntington Bay bordering the portion of the Village
between Wincoma Point and the boundary line of property now or formerly
designated on the Suffolk County Tax Map as District 0400, Section
03600, Block 0100, Lot 002006, and extending to a distance of 1,500
feet from the shoreline, shall be restricted to the mooring of recreational
vessels beneficially owned by or registered to: residents of the Village
of Huntington Bay; a private club or homeowner's association
that owns waterfront property within said portion of the Village;
the members of such a club or association, regardless of residency;
and the guests of a member of such a club or association.
(3)Â
The foregoing restrictions shall not apply to any vessel beneficially
owned by or registered to an entity engaged in boating or sailing
training or safety courses, provided the vessel is used solely for
such purposes while moored within the Vessel Regulation Zone.
B.Â
Mooring prohibition. The mooring of vessels to a dock, quay, wharf,
jetty, pier or other structure that is not physically attached to
and does not extend from real property located within the geographic
boundaries of the Village shall be prohibited.
C.Â
Mooring permits. Nothing in this chapter shall be construed as requiring
the issuance of a mooring permit by the Village, and no fee shall
be charged by the Village for any mooring governed by this chapter.
However, all boaters wishing to moor their vessel within the Vessel
Regulation Zone shall comply with the mooring regulations of the Town
of Huntington, including the Town's mooring permit requirement.
A.Â
A violation of this chapter shall be punishable, upon conviction
thereof, as follows:
(1)Â
For a first conviction thereof by a fine of not less than $250 nor
more than $500 or by a period of imprisonment of not more than 30
days or by both such fine and imprisonment.
(2)Â
For a conviction of a second violation, both of which were committed
within a period of 24 months, by a fine of not less than $500 nor
more than $1,500 or by a period of imprisonment of not more than 60
days or by both such fine and imprisonment.
(3)Â
For a conviction of a third or subsequent violation, all of which
were committed within a period of 24 months, by a fine of not less
than $1,500 nor more than $2,500 or by a period of imprisonment of
not more than 120 days or by both such fine and imprisonment.
B.Â
Each week's continued violation shall constitute a separate
additional violation and shall be considered a separate offense.
In the event of any actual or impending violation of this chapter,
the Board of Trustees, in addition to other remedies, may institute
any appropriate action or proceedings to prevent, restrain, correct
or abate such violation.
