As used in this chapter, the following words or phrases shall
have the meanings annexed to each:
COMMISSIONER
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead.
HOUSEBOAT or FLOATING HOME
Includes any residential boat, boat, barge or any waterborne
structure providing residential quarters, i.e., living facilities
for one or more persons, which shall be located on or in a Town waterway,
whether or not the same is permanently anchored or secured to the
shore, bottom or bulkhead.
PERSON
Any person, firm, association, partnership or corporation.
TOWN
The Town of Hempstead.
TOWN BOARD
The Town Board of the Town of Hempstead.
TOWN WATERWAY
Any navigable waterway within the boundaries of the Town
and any inland waters within the Town of Hempstead.
The use and habitation of a houseboat or floating home as a residential dwelling is prohibited. No person shall use, suffer or permit the use of land or waterways therefor, unless a permit shall have been obtained in accordance with the provisions of §
156-5 hereof.
A houseboat or floating home shall be deemed a prohibited residential
dwelling when the following are found:
A. Moorage or dockage and habitation at a specific location for a period
in excess of 15 consecutive days.
B. Actual annexation to the realty or something apparent thereto.
C. The watercraft structure is designed or modified for use as residential
quarters and used as such in excess of 15 consecutive days.
There shall be a one-time application fee for a permit hereunder
of $250.
[Amended 12-13-2016 by L.L. No. 112-2016, effective 12-27-2016]
Any person or persons, corporation or other legal entity causing,
permitting or committing an offense against this chapter or any section
or provision thereof, including but not limited to owners, lessees
or other occupants of a houseboat or floating home in a Town of Hempstead
waterway, is guilty of a violation punishable by a fine not exceeding
$1,000 or imprisonment for a period not exceeding 15 days for each
such offense, or by both such fine and imprisonment. Each violator
shall be jointly and severally liable for each violation, and each
day that the violation shall exist shall be considered a separate
and distinct offense.
To afford sufficient time for compliance with the provisions
of this chapter, the enforcement of this chapter shall take effect
90 days after filing with the Secretary of State.