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Town of Smithtown, NY
Suffolk County
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Table of Contents
Table of Contents
Code
New Laws (6) Index
[HISTORY: Adopted by the Town Board of the Town of Smithtown as Ch. 25 of the 1964 Code; amended in its entirety 6-7-1983. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Long Beach Boat Basin, Long Beach Mooring Areas and Nissequogue River Mooring Areas Ordinance of the Town of Smithtown."
[Amended 12-20-1984; 6-22-2004; 10-25-2011]
Mooring spaces of various sizes shall be designated and assigned by the Director of the Department of Public Safety and his or her designees within the areas designated at Long Beach and the Nissequogue River.
[Amended 3-8-1988; 10-25-2011]
A. 
It shall be unlawful for any person to make use of the following without first having obtained the appropriate permit from the Town Clerk. Permits will be granted only to residents and/or taxpayers of the Town of Smithtown. Parties may contract and possess a mooring or a boat berth but not both simultaneously.
(1) 
Mooring space.
(2) 
Boat berth.
(3) 
Boat ramp.
(a) 
Trailered boats.
(b) 
Cartop boats.
B. 
It shall be unlawful for any person to make use of a winter wet storage space without first having obtained the appropriate permit.
[Amended 3-8-1988; 2-21-1989; 7-14-1992; 10-25-2011]
A. 
An applicant for a permit as required in § 108-3A(1), (2) and (3) shall file a written application with the Town Clerk, signed by the individual applicant, and an affidavit stating that he or she has read and understands and agrees to comply with this chapter and the rules promulgated by the Town of Smithtown Town Clerk.
B. 
The Town Clerk shall compile a list of applications, in order of filing, which shall be known as the "Permit Waitlist." A one-time fee of $25 shall accompany each application to be added to the Permit Waitlist. There shall also be a one-time $25 Waitlist retention fee for all individuals currently on the Permit Waitlist who wish to retain their spots. Said fees shall be effective immediately.
[Added 8-8-2023 by Res. No. 2023-778[1]]
[1]
Editor's Note: This resolution also redesignated former Subsections B and C as Subsections C and D.
C. 
The Town Clerk shall have the power and authority to adopt and from time to time amend reasonable rules and regulations consistent with this chapter.
D. 
Failure of any person to comply with this chapter or any rule or regulation adopted hereunder shall be deemed a violation of this chapter.
[1]
Editor’s Note: Former §§ 108-5, Issuance of mooring permits; assignment of spaces; term of permit; removal of equipment, and 108-6, Transferability of mooring permits, as amended, were repealed 10-25-2011.
[Amended 12-20-1984; 12-2-1986; 3-8-1988; 12-4-1990; 10-22-2002; 10-30-2008; 11-6-2018]
Mooring permit fees shall be $185 per year.
[Amended 12-20-1984]
A. 
All moorings in the Long Beach mooring area shall utilize mushroom anchors having a minimum weight in accordance with the following table:
[Amended 3-8-1988]
Length of Vessel Overall
(feet)
Minimum Weight of Anchor
(pounds)
0 to 16
100
17 to 20
125 to 150
21 to 25
150
26 to 30
200
31 to 35
250
Over 35
300
B. 
All moorings in the Nissequogue River shall utilize mushroom anchors having a minimum weight in accordance with the following table:
[Amended 3-8-1988]
Length of Vessel Overall
(feet)
Minimum Weight of Anchor
(pounds)
0 to 16
100
17 to 20
125 to 150
21 to 25
200
26 to 30
250
31 to 35
300
Over 35
350
C. 
All moorings shall have a maximum scope in accordance with the following table:
Length of Vessel Overall
Chain*
Pennant**
(Manila)
(feet)
(feet)
(inches)
(feet)
(inches)
Under 20
30
1/4
6
5/8
20 to 30
30
5/16
10
1
Over 30
35
3/8
10
1 1/4
NOTES:
*The foregoing scope requirements are based on an approximate depth of mean low water of three to 10 feet. For moorings in deeper water, add an additional five feet of chain for each additional foot increase in the depth of the water.
**Equivalent sizes of nylon or stainless steel wire may be used. If manila or nylon, adequate chafing gear must be used. Manila pennants shall be replaced every year.
D. 
No mooring shall be so located that a vessel when tied thereto may endanger or interfere with a vessel attached to any previously placed moorings.
[1]
Editor’s Note: Former §§ 108-9, Boat berth permit required; additional rules, 108-10, Application for boat berth permit; holding fee, 108-11, Issuance of boat berth permit; term of permit, 108-12, Boat berth permit renewals, and 108-13, Transferability of boat berth permits, as amended, were repealed 10-25-2011.
[Amended 5-22-1984; 12-2-1986; 3-8-1988; 12-4-1990; 10-22-2002; 10-30-2008; 11-6-2018]
A. 
The permit fee for a boat berth shall be a minimum fee of $1,300 or $65 per linear foot, whichever is greater.
[Amended 9-5-2023 by Res. No. 2023-841]
B. 
In addition to the permit fee, the following fees for the use of electricity shall apply:
(1) 
The fee for the use of a twenty-amp twist lock shall be $200 for the season.
(2) 
The fee for the use of a thirty-amp twist lock shall be $300 for the season.
(3) 
The fee for the use of a fifty-amp twist lock single/fifty-amp twist lock with twin 30 amps shall be $500 for the season.
(4) 
The fee for the use of a fifty-amp twist lock adapter to a single thirty-amp twist lock shall be $300 for the season.
[Added 12-11-2018]
[1]
Editor’s Note: Former § 108-15, Berthing requirements, was repealed 10-25-2011.
[Amended 10-25-2011]
Pleasure boats may tie up to the dock, subject to direction of the dock attendant placed in charge by the Director of the Department of Public Safety and his or her designees, for the purpose of loading or unloading passengers or supplies for a period not to exceed 10 minutes.
[Amended 12-20-1984; 3-8-1988; 2-21-1989; 7-14-1992; 10-25-2011]
A. 
The permittee shall notify the Director of the Department of Public Safety and his or her designees at least seven days prior to leaving a berth or mooring vacant if the vacancy is to last for a period of four days or more.
B. 
Failure to use an assigned berth or mooring for a total of 30 days during the entire permit period without the prior approval of the Director of the Department of Public Safety and his or her designees will result in termination of the permit.
C. 
Subject to availability, moored boats may utilize open boat slips between the dates of October 15 and December 15 for a fee of $150.
[Added 11-6-2018]
[Amended 3-8-1988]
A. 
A "transient boater" is defined as a boater who operates a vessel that is not registered to a party residing in the Town of Smithtown or who has not contracted to utilize a berth at the Town Marina.
B. 
A transient boater who is a resident of the Town of Smithtown shall pay a rental fee of $12 per day from the Tuesday immediately after Labor Day through the Thursday immediately before Memorial Day and $1.50 per linear foot per day from the Friday immediately before Memorial Day through Labor Day. Nonresident transients shall pay a rental fee of $40 per day from the Tuesday immediately after Labor Day through the Thursday immediately before Memorial Day of the following year and $3.50 per linear foot per day from the Friday immediately before Memorial Day through Labor Day.
[Amended 10-22-2002; 3-25-2003; 5-10-2005; 10-30-2008; 9-5-2023 by Res. No. 2023-841]
C. 
The Director of the Department of Public Safety and his or her designees shall keep and post at the Town Marina a transient boater list for the purpose of selecting and regulating the rental of transient berths. Transient boaters wishing to rent such a berth shall register with the Director of the Department of Public Safety and his or her designees, providing requested dates, if applicable. Subject to considerations of the size of the vessel and available berth, the boater who registers prior in time is prior in right to the rental of a berth than succeeding registrants.
[Amended 10-25-2011]
D. 
Before a transient boater is permitted to lease a vacant berth, he or she shall produce proof of general liability insurance in the minimum amount of $300,000. Nothing in this chapter shall be construed to prohibit the renting of a transient berth more than once in a season by the same boater, provided that said boater registers with the Director of the Department of Public Safety and his or her designees. Registering is not permitted until a transient boater actually surrenders possession of a transient berth at the end of the rental period.
[Amended 6-22-2004; 10-25-2011]
E. 
Transient rental fees shall be payable to and be the property of the Town of Smithtown and shall be paid directly to the Department of Public Safety Division of Waterways and Navigation. All transient rental fees shall be paid in full prior to the use of the vacant berth and are nonrefundable.
[Amended 7-14-1992; 9-7-1993; 10-25-2011]
F. 
Before a transient boater is permitted to dock his or her vessel, he or she shall produce valid vessel registration, proof of general liability insurance covering property damage and personal injury in the minimum amount of $300,000.
[Added 6-22-2004; amended 10-25-2011]
[Added 8-8-1989; amended 7-14-1992; 9-7-1993; 10-25-2011]
The Town Board, in recognition of a public need and in order to put the Town Marina facilities to more efficient use, has authorized winter wet occupancy of the Town Marina by resident and nonresident boat owners, subject to availability and the feasibility of the same as determined by the Department of Public Safety Division of Waterways and Navigation.
[1]
Editor’s Note: Former §§ 108-20, Winter wet storage permits, 108-21, Application for winter wet storage, and 108-22, Issuance of wet storage permit; transient fee, added 8-8-1989, as amended, were repealed 10-25-2011.
[Added 8-8-1989; amended 11-6-2018]
The winter wet storage permit fee shall be calculated at the rate of $15 per linear foot of the vessel to be stored. Said fee is subject to change annually at the direction of the Town Board.
[Added 8-8-1989]
Boat owners who store their vessels in the Town of Smithtown Marina do so at their risk. The Town of Smithtown shall not be responsible for damage to vessels in the Marina, whether by fire, storm, vandalism or any other cause.
[1]
Editor’s Note: Former §§ 108-25, Boat ramp permits required, added 12-20-1984, as amended; 108-26, Application for boat ramp permits for trailered boats, added 12-20-1984, as amended; and 108-27, Application for boat ramp permit for cartop boats, added 5-24-1988, as amended, were repealed 10-25-2011. Former § 108-28, Commercial canoe livery permits; fees, added 5-24-1988, as amended, was repealed 4-12-2005. Former § 108-29, Transferability of boat ramp permits, added 12-20-1984, as amended, was repealed 10-25-2011.
[Added 12-20-1984; amended 5-24-1988; 3-26-1991]
A. 
The boat ramp permit fee shall be $45 per year for trailered boats and $7 per year for cartop boats.
[Amended 10-22-2002; 10-30-2008]
B. 
Any person who has obtained a mooring permit pursuant to § 108-4 shall receive, without additional fee, one boat ramp permit for cartop boats as specified in § 108-27 for the use of a dinghy associated with said mooring permit.
[Amended 3-8-1988]
A. 
Any vessel which remains unmoved for a period of at least one day in the same location at any Town mooring space, boat berth, public dock or any shoreline in the Town of Smithtown, within the jurisdiction of the Town of Smithtown or in the waters located in the Town of Smithtown, without a mooring permit or boat berth permit or temporary lease from the Town of Smithtown for the use of that space shall be deemed to be an abandoned vessel and may be taken into custody and disposed of by public sale in the same manner as set forth for abandoned vehicles in Chapter 6, §§ 6-1, 6-2 and 6-3, of the Uniform Traffic Code of the Town of Smithtown.
B. 
The Town of Smithtown is hereby empowered to utilize any space in the mooring area or boat berths for the purpose of placing damaged, abandoned, disabled or impounded vessels.
[Amended 2-21-1989; 7-14-1992]
C. 
Any vessel duly deemed abandoned may be impounded prior to disposal as stated in Subsection A of this section. The fee for impounded vessels shall be $100 for impoundment, plus a storage fee of $10 per day. All charges are the responsibility of the registered owner of the impounded vessels and are payable to the Town of Smithtown.
D. 
Any unauthorized vessels docked or moored in any waterway under the jurisdiction of the Town of Smithtown are subject to fine and/or impoundment.
[Added 6-22-2004]
[Amended 3-8-1988]
A. 
Boat owners who berth or moor vessels in the Town of Smithtown do so at their own risk. The Town of Smithtown shall not be responsible for damage to vessels in the Town of Smithtown whether by fire, storm, vandalism or any other cause.
B. 
Boat owners who berth or moor vessels in the Town of Smithtown Marina or mooring area must, prior to obtaining permits for same, secure general liability insurance covering property damage and personal injury in the minimum amount of $300,000. The permittee shall submit suitable evidence of such insurance prior to the initial use of the berth assigned and annually thereafter and upon demand by the Town of Smithtown.
[Amended 6-22-2004]
C. 
No modification or alteration of any kind shall be made to a berth or mooring by persons assigned same without the specific prior written permission of the Director of the Department of Public Safety and his or her designees.
[Added 6-22-2004; amended 10-25-2011]
Swimming, fishing or the taking of crabs or other seafood from the docks or boats at the boat basin or in the waters of the boat basin is prohibited.
[Amended 2-21-1989]
A. 
The flushing of toilets or dumping of oil refuse or sewage or garbage along the Nissequogue River and the boat basin proper, or in the channel leading from the boat basin to Porpoise Channel, is strictly prohibited.
B. 
No persons shall take on gas for a boat, or any other fuel, while engines are running, nor permit gas to be poured into boat tanks from gas cans or any other portable device at any location at the Marina, the Town courtesy floats, the Town trailer ramp floats or within Stony Brook Harbor, the Nissequogue River or within any navigable channels within the jurisdiction of the Town of Smithtown.
The vending of goods, wares and merchandise or any other commercial activity in or about the boat basin and Long Beach mooring area and along the Nissequogue River is prohibited, except that concessions for the vending of gasoline, food and other products or other commercial activities may be leased or permitted by the Town of Smithtown pursuant to the Town Law and other statutes of the State of New York.
Nothing herein contained shall be construed as limiting in any way the right of the Town of Smithtown to establish a new system of licensing by amendment or repeal of this chapter, and the Town, in such event, shall be obligated only to make refunds of fees prepaid. The Town may also terminate permits for reasons of safety upon making proper refund of fees charged, except that there shall be no refund if such termination is occasioned by a violation of this chapter.
A. 
The parking of vehicles shall be in accordance with the Traffic Code of the Town of Smithtown.
B. 
Commercial vehicles larger than 1/2 ton shall not be permitted to park, except for local delivery.
C. 
The parking of vehicles or boat trailers or the storage of boats is prohibited except in designated areas.
[Amended 3-8-1988]
A. 
Each violation of this chapter, any regulation, order or ruling promulgated hereunder or any permit issued hereunder shall be punishable by a fine of not more than $250 or imprisonment not exceeding 15 days, or both; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In addition to such fine, the defendant shall pay all costs and expenses incurred by the Town in determining such violation. Each violation of this chapter shall constitute disorderly conduct, and every person violating the same shall be a disorderly person. The foregoing shall be in addition to all other remedies available under the law to the Town or the Town Board.
B. 
The Town of Smithtown Department of Public Safety Division of Waterways and Navigation, as well as any additional personnel as may be designated by the Director of the Department of Public Safety Division of Waterways and Navigation, shall be empowered to issue summonses for violations of this chapter or any rule issued hereunder or any portion thereof.
[Amended 2-21-1989; 7-14-1992; 9-7-1993; 10-25-2011]
[Added 2-26-2002; amended 3-25-2003]
The Town Board may modify, from time to time, by Town Board resolution, fees that are charged under this chapter.