[HISTORY: Comes from L.L.
No. 71-1975, adopted 7-15-1975, effective 7-21-1975.] [1]
GENERAL REFERENCES
Department of Conservation and Waterways — See Ch. 53.
Trespassing — See Ch. 136.
Boats and seaplanes — See Ch. 155.
Houseboats and floating homes — See Ch. 156.
Clams, oysters or worms — See Ch. 157.
Dredging — See Ch. 159.
Shellfish — See Ch. 166.
Structures in waterways — See Ch. 168.
Swimming from Town docks — See Ch. 169.
[1]
Editor's Note: Section 1 of this local law specifically repealed former Ch. 143, Marinas and Docks, adopted 2-25-1969 by L.L. No. 5-1969, as amended; and Sections 2, 3 and 4 of this local law specifically repealed rules and regulations adopted 5-5-1970, 5-26-1970 and 7-12-1971, which rules and regulations were included in former Ch. 163.
A.
Whereas it is the responsibility of the Town Board to administer
the use of certain marine facilities such as marinas and docks under
the jurisdiction of the Department of Conservation and Waterways,
this chapter is enacted to facilitate the control of said marine facilities
under the administration of the Commissioner of the Department of
Conservation and Waterways.
B.
The Commissioner of the Department of Conservation and Waterways
shall have the power and authority to adopt and from time to time
amend marina rules and regulations, consistent with this chapter,
to assist him in carrying out his functions, powers and duties hereunder.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
C.
Failure on the part of any person, marina patron or otherwise to
comply with these rules and regulations will constitute a violation
against this chapter.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
As used in this chapter, the following terms shall have the
meanings indicated:
A water-displaced surface-water vehicle used as a means of
transportation within navigable waters.
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead.
The Department of Conservation and Waterways of the Town
of Hempstead.
Includes the terms "wharf," "pier," "quay" and "mooring."
The duly authorized person charged with the duties and responsibility
of assisting the Commissioner in the regulation and control of the
marinas.
A dock or basin providing mooring or docking facilities for
boats or vessels within an area of the Town of Hempstead and so designated
and categorized by the Department of Conservation and Waterways as
follows:
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
CLASS A MARINAProviding space for pleasure boats or vessels and space for commercial fishing boats.
CLASS B MARINAProviding space for pleasure boats or vessels and space for transient noncommercial, recreational boats or vessels.
CLASS C MARINALocated at a Town dock, Town landing or a street end adjacent to a waterway, providing landing, docking or mooring facilities for transient noncommercial, recreational boats or vessels for boarding or landing passengers and crew.
The person under whose name the boat or vessel was last registered
by any legally constituted governmental agency as may be required
by law.
An individual, partnership, unincorporated association, corporation
or any other legally constituted entity.
Includes any person domiciled in the Town of Hempstead or
a person who pays taxes on real property situated within the Town
of Hempstead.
A designated area for the landing or mooring of boats or
vessels.
The Town of Hempstead.
The Town Board of the Town of Hempstead.
[Amended 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
A.
Unless otherwise provided by law, it shall be unlawful for any person
to permit or allow any boat to be anchored, stored, moored, tied or
otherwise confined in or at any marina without first obtaining a permit
for the assignment of space or the use of docking or mooring facilities,
including water and electricity.
B.
Illegally moored or docked vessels (without permits) will be towed
to a private marina or other facility for storage at the vessel owner's
expense.
All space shall be assigned by the Commissioner.
A.
A Class A Marina permit shall be assigned to a resident owner of
a private pleasure boat upon written application for space on forms
furnished by the Commissioner.
B.
Before a permit is issued to the owner of a commercial recreational
fishing boat, the owner or operator thereof shall exhibit to the Commissioner
a certificate showing that the boat has been inspected and meets all
safety requirements. Authentic certificates of such inspection must
be displayed on the boat at all times while it is moored or docked
at a marina. A person shall not operate a commercial recreational
fishing boat from a Town marina unless he is duly licensed by the
United States Coast Guard and has the proper papers to operate a boat
for hire.
C.
A Class B Marina permit shall be issued to an owner of a private
pleasure boat upon application for space on forms furnished by the
Commissioner.
D.
A permit shall be required at a Class C Marina for any docking or
mooring other than required for boarding or landing passengers or
crew from transient noncommercial recreational fishing boats.
E.
Permit holders are required to occupy their assigned slip for a minimum
of 25% of the season for which the permit was issued.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
F.
Party boats and charter boats are required to make a minimum of 50
trips per season [on 50 separate days] with the owner of the vessel
present aboard the vessel 33% of the time for those trips and all
other trips.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A.
Application for permits to occupy mooring or docking space in a Town
marina shall be submitted to the Commissioner on official forms provided
by him. Upon submission of this application, a boat owner agrees to
abide by all sections of this chapter and all marina rules and regulations
promulgated by the Commissioner or his agents, and further agrees
to follow all directives by the Commissioner or his agents pertaining
to the marina, Town property or any vessel berthed therein.
B.
An applicant may submit one application form for one Town marina
per season.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
[Amended 12-12-1978 by L.L. No. 118-1978, effective 12-15-1978; 10-18-1988 by L.L. No.
82-1988, effective 10-24-1988]
A.
A permit to occupy a mooring or docking space at a marina shall be
issued on and after April 1 each year and shall expire December 31
for the year 1988 and November 30 for each succeeding year for which
it has been issued, with the exception that, at all Class B Marinas,
there shall be a daily transient permit to be issued at any time during
the period beginning April 1 and ending November 30. Renewal applications
and permits for a subsequent season shall be available on and after
December 1 of each year. If a permit is not renewed by the following
January 10, the permit shall be available to the next applicant in
the order in which applications for permits are received.
B.
For those boat owners who wish to leave their vessels in the water
during the winter months, space will be available at a special winter
rate to be established by the Town Board. Applications for rental
of space during the winter season, which shall begin January 1 and
end March 31 for the year 1989, and shall begin December 1 and end
March 31 of the following year and each year thereafter, must be submitted
with a check for the proper fee by November 10. Regular seasonal permit
holders will be considered for winter storage space before others
are offered the remaining available space. The east or west marinas
located at Point Lookout shall be used for said winter storage, at
the discretion of the Commissioner.
C.
Cancellation of permit. The following limitations and restrictions shall be imposed upon persons holding permits as described in Subsection A hereof who decide to cancel their permits and request a rebate of moneys paid to obtain said permits:
(1)
No permit shall be canceled by a holder of a valid permit after April
30 of the year in which the permit is issued.
(2)
A request filed prior to April 30 of the year for which the permit
is issued shall be granted for cancellation and rebate of the permit
fee, provided that there exists a pending application for docking
space of the same size as that held by the person seeking to cancel.
(3)
A fee of $50 shall be imposed for processing a cancellation and issuing
a rebate of the permit fee.
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A.
Charges for occupancy of mooring or docking space for Class A and
Class B Marinas are for space only and shall be established by Town
Board resolution, except that a minimum fee for a vessel not less
than 15 feet in length shall be required.
[Amended 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
B.
A surcharge for use of electricity in excess of 10 amperes, 115 volts,
shall be established by Town Board resolution.
C.
An additional surcharge shall be required of nonresident berthees
in an amount to be established by Town Board resolution.
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A.
An annual permit shall be required for users of the self-launching
ramp at Point Lookout, for a fee to be established by Town Board resolution.
Said permit shall allow the use of the ramp and parking of the tow
vehicle and trailer for the calendar year issued.
B.
Use of any launching ramp shall be restricted to boats 21 feet in
length, maximum.
C.
The launching of any boat shall be at the risk of the owner or his
representative, without the Town being subject to any liability therefor.
D.
Persons using the boat launching ramp shall be subject to all marina
rules and regulations, in addition to rules and regulations that apply
specifically to the use of the ramp or other facilities connected
with it.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
Persons mooring or docking a boat or vessel at Class A and Class
B Marinas shall be entitled to park one motor vehicle in the parking
lot without charge for each boat under permit. In the case of a boat
being launched from a trailer at a marina, there shall be no charge
for parking the motor vehicle and trailer. Visitors (nonowners of
boats) and persons utilizing marina facilities for purposes of patronizing
commercial recreational fishing boats may park motor vehicles within
specific areas designated by the Commissioner, subject to the availability
of space.
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A.
Upon determining that a boat has been berthed in a marina in a manner
which constitutes a hazard, the Commissioner shall order the person
having ownership and control of said boat to remedy the hazard by
removal or otherwise, so that there is a complete abatement of said
hazard. In order to accomplish the foregoing, the boat owner-patron
shall provide the following information to the Commissioner or his
representative:
(1)
An address and telephone number where the boat owner-patron can be
reached at all times in the event of an emergency affecting his boat.
(2)
The name and telephone number of a responsible agent, employee or
relative of the boat owner-patron, who shall be available at all times
to respond to any emergency affecting the boat owner-patron's
boat.
B.
Vessels in Town marinas shall at all times, including winter months,
be operable and capable of being moved under their own power from
berth to berth.
C.
All vessels must enter or leave the boat basin under mechanical power. Sailing, rowing or paddling to and from the boat basin or around the boat basin shall be prohibited, except that small craft that are not mechanically propelled may be paddled directly from the boat ramp in the west marina at Point Lookout to the boat basin entrance, in accordance with § 163-26B of this chapter.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
Every application for a permit to berth a boat at any marina
shall incorporate an authorization to the Commissioner, or his representative,
to remove any boat which shall constitute a hazard or to store any
boat in the event of the expiration of any permit herein. The application
shall also incorporate an authorization to move any boat as, if and
when necessary in order to facilitate dredging or maintenance operations
at the marina or for reasons of health, safety and welfare, or in
order to safeguard against any emergency.
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
By application and acceptance of a permit hereunder, the owner
thereby waives any and all claims against the Town and its representatives
and agrees to hold them harmless from any liability which may arise
in the operation, docking, mooring, moving or securing of a boat by
the owner, his agents, servants and/or employees, or employees of
the Town when said Town employees are acting at the direction of the
Commissioner; and for any liability arising from weather conditions,
extreme tides, wind or rain, theft, fire, shoaling, or any other condition
that is considered to be an inherent risk involved in the ownership,
operation, docking or mooring of boats and other vessels.
A permit hereunder shall not be issued to persons under 18 years
of age.
A permit granted by the Commissioner pursuant to this chapter
shall not be assigned or transferred, and the space which pertains
to such permit may not be subleased to allow a boat to be moored or
docked therein by any person other than the person and boat to which
such permit was assigned and issued. A marina permit may be canceled
forthwith at the discretion of the Commissioner upon violation of
this section.
The Commissioner may refuse any application for any type boat
for any reason which, in his judgment and discretion, would jeopardize
the health, safety and welfare of other permit holders of boats berthed
in the marina.
It shall be an offense hereunder for any person to deface, mark
or damage any dock, piling or wharf and any appurtenances thereto,
or to erect any structure or attachment made of wood, metal or other
material upon such property belonging to the Town or under the jurisdiction
of the Town Board and Commissioner. Any erections, installations or
attachments upon such property must be pursuant to written authorization
of the Commissioner.
It shall be an offense hereunder for any person to lift, drag,
launch or to otherwise cause any boat to be lifted, dragged, launched
or taken across any dock, piling, bulkhead, dockage facilities, wharf
or catwalk belonging to the Town or under the jurisdiction of the
Department of Conservation and Waterways unless authorized to do so,
in writing, by the Commissioner.
It shall be an offense hereunder for any person in charge of
any boat, vessel or other watercraft to empty, clean out, pump out
or otherwise discharge water, oil or solid or liquid waste material
from the bilge, boat toilets or waste treatment holding device into
marine waters.
It shall be an offense hereunder for any person to dump, throw,
deposit or permit to be dumped, thrown or deposited any trash, debris,
garbage, waste, sewage or other material into marina waters or upon
Town docks, except in receptacles provided for that purpose.
A.
With the exception of electricity, all services and utilities, including
sewage pump out, garbage and trash removal, fresh water and other
services usually available as services afforded vessels berthed at
Class A and Class B Marinas, shall be discontinued during the period
between November 15 and April 1 each year seriatim.
B.
During the period between November 15 and April 1 each year seriatim,
no person shall be permitted or allowed to sleep aboard any vessel
berthed during said period of time.
C.
Fresh water will not be provided until May 1 each year and will be
turned off after November 1. at the discretion of the Dockmaster,
as weather conditions and temperatures dictate.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
It shall be unlawful for the owners of boats, other than commercial
recreational fishing boats, to solicit passengers at any Town marina.
A.
The cleaning and cutting of fish or the discarding or abandoning
of fish on Town marina docks, moorings or structural appurtenances
is hereby prohibited, except that cleaning and cutting of fish shall
be permitted when provision is made therefor at Town marinas and docks
where equipment for that purpose is installed by the Department of
Conservation and Waterways, and all fish scraps and offal shall be
placed in receptacles provided therefor.
B.
The sale of fish is strictly prohibited at marinas and shall constitute
an offense against this chapter.
The Commissioner or his authorized representatives shall have
the right to board any boat for the purpose of securing it or preventing
the boat from bumping into, scraping or otherwise touching other boats
moored in Town marinas. Each application for a permit shall provide
the authorization for the Commissioner or his authorized representatives
to board the permittee's boat for purposes stated in this section.
A.
Owners of boats are required to supply, install and maintain their
own lines for mooring, tying and securing their boats. Sizes of lines
shall be adequate for the safe mooring of boats and approved by the
Commissioner or his authorized representative.
B.
All lines, hoses and other equipment shall be neatly coiled or stowed
at all times and shall not be left on the docks so as to constitute
a danger to persons walking on said docks.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
C.
Sailboat halyards shall be secured at all times to prevent them from
banging against the spars.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
A.
Dinghies, rowboats, floats or any small craft carried by a larger
boat or vessel shall remain secured to a deck of the carrying boat
or vessel while moored or docked in marinas.
B.
Windsurfers, Hobie Cats, surfboards, rowboats, rafts, kayaks and
other small craft shall not be allowed in the marinas or on the boat
ramp unless they are mechanically propelled, carried aboard a larger
vessel or are launched with the Dockmaster's approval. This approval
shall be based on existing conditions at the time of launching, relative
to the safety and welfare of those using the ramp, as well as other
marina patrons. This approval shall require the subject vessel to
be paddled directly from the ramp to the boat basin entrance and does
not provide for any vessel to be moved under sail only within the
marina proper.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
C.
Vessels such as jet skis, motorized surfboards or other exotic types
of watercraft that do not provide a cockpit for the protection of
the operator shall not be permitted in the marinas.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
[Amended 9-23-1975 by L.L. No. 94-1975, effective 9-26-1975]
The use of Class A and Class B Marina facilities for fishing,
crabbing or taking shellfish is prohibited, and any such conduct shall
constitute an offense hereunder.
Swimming within boat berthing or mooring areas shall be prohibited.
It shall be unlawful to trespass within the marina area by persons
other than permit holders and their guests. Any unauthorized boarding,
damaging or interfering with boats docked or moored at Town marinas
is strictly prohibited, and any such conduct shall constitute an offense
hereunder.
[Amended 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
Domestic animals shall not be permitted within the marina area,
except that a domestic animal aboard a vessel moored at a Class B
Marina shall be permitted to be taken on a leash from the vessel directly
to a designated dog run and returned on a leash to the vessel after
completing defecation. The owners of these animals are required to
immediately pick up after them.
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A.
A boat owner and patron shall be allowed the gratuitous use of not more than one electrical outlet at a facility for his boat. Interruption of this service may occur from time to time and does not constitute cause for rebate, as fees are for space only. Any tampering with electrical outlets shall constitute an offense against this chapter. A surcharge shall be levied for use of electricity in excess of 10 amperes, 115 volts, as specified in § 163-8B herein.
B.
The operation of electrical power generating engines on boats berthed
or moored at a Town marina shall be prohibited, and any person failing
to comply with the prohibition shall be subject to an immediate revocation
of a marina permit.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988[1]]
A.
Excessive noise from radios, sirens, noisemakers, musical instruments
or otherwise shall be prohibited at all times.
B.
Charcoal fires or any open fires for cooking or any other purpose
shall not be permitted on any pier or vessel, except in areas provided
for that purpose.
C.
Alcoholic beverages shall not be consumed in parking lots or on the
piers and docks.
D.
Ballplaying, picnicking, swimming or other activities inconsistent
with marina policy and operations shall be prohibited, except in designated
areas.
E.
Disorderly conduct prohibited. Notwithstanding any language in this
Code of the Town of Hempstead to the contrary and in addition to any
other violations of applicable laws, any person disobeying an order
of a Nassau County police officer, Town of Hempstead Public Safety
Department officer, any other peace or law enforcement officer with
jurisdiction or any duly identified person employed by the Town of
Hempstead Department of Conservation and Waterways in a supervisory
capacity; using threatening, abusive or menacing language directed
at another person; doing any unlawfully obscene or indecent act; throwing
stones or other dangerous objects; annoying persons; interfering with,
encumbering, obstructing or rendering dangerous any part of a Town
facility; doing any act tending to or amounting to a breach of the
peace; introducing, carrying or firing any firecrackers, torpedoes
or fireworks; engaging in, instigating, aiding or encouraging a contention
or fight, whether or not a ring or prize fight; or assaulting any
persons shall be guilty of the violation of disorderly conduct. Each
such act committed during the same occurrence or series of occurrences
shall constitute a separate and distinct commission of an act of disorderly
conduct.
[Added 4-25-2017 by L.L.
No. 34-2017, effective 5-2-2017]
F.
If any provision(s) of this § 163-32 is adjudged by a court of competent jurisdiction to be unenforceable for any reason, then only such provision(s) shall be deemed unenforceable, and all remaining provision(s) shall remain in full force and effect, for all purposes.
[Added 4-25-2017 by L.L.
No. 34-2017, effective 5-2-2017]
[1]
Editor's Note: This local law also repealed former § 163-32.
Generation of electric power prohibited.
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A.
Written permission shall be obtained from the Commissioner or his
authorized representative for a permit holder to do minor painting
or minor emergency engine repair during the time his boat is berthed
or moored at a Town marina.
B.
Anything other than minor repairs shall be prohibited.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
C.
Boat owners must promptly make any repairs that are necessary to
ensure the mechanical function or the seaworthiness of any vessel
berthed at a Town marina. Vessels must be kept in good condition at
all times, subject to United States Coast Guard inspection.
[Added 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988]
No boat, vessel or other watercraft shall take on gasoline,
diesel oil or other fuel at marinas unless written authority therefor
is given by the Commissioner or his authorized representative.
[Amended 10-18-1988 by L.L. No. 82-1988, effective 10-24-1988; 7-5-2016 by L.L. No.
62-2016, effective 7-13-2016]
A.
The following regulations shall apply only to the facilities indicated:
(1)
Seaford: The Seaford Town Dock and parking area shall be closed between
“dusk” of any day (defined as 30 minutes after sunset)
and 6:00 a.m. of the following day, and signs shall be posted accordingly.
(2)
Woodmere: The Woodmere Town Dock and parking area shall be closed
between “dusk” of any day (defined as 30 minutes after
sunset) and 6:00 a.m. of the following day, and signs shall be posted
accordingly.
(3)
The use of the Town docks at Seaford and Woodmere shall be restricted
to residents only.
B.
The use of Class C Marina facilities in any manner, except as provided
herein, is prohibited, and any infringement against any of said provisions
shall constitute an offense against this chapter.
C.
No boat or vessel shall be moored or docked at any Class C Marina
for a continuous period in excess of 12 hours.
[Added 12-4-1979 by L.L. No. 107-1979, effective 12-10-1979; amended 12-11-1984 by L.L. No.
94-1984, effective 12-17-1984[1]]
It shall be an offense hereunder for any person or persons,
association or corporation to post, distribute, cast or leave about
any bills, placards, tickets, handbills, circulars, advertisements
in any form, or any other matter for advertising purposes directly
in or on any Town marina or dock or Town lands adjacent thereto, except
to advertise a special event in a Town marina when authorized in writing
by the Commissioner.
[Added 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984[1]]
A.
Traffic control maps. The Commissioner shall cause to be prepared
a map of each marina showing graphically all traffic control regulations
applicable to the respective marina. Thereafter, the Town may hold
public hearings for the adoption of the traffic control map. The public
hearings shall be held after at least 10 days' prior notice of
the time and place thereof, by publication in the official newspaper
of the Town. After the public hearing, the Town Board may modify a
traffic control map and, by ordinance, rule or regulation, shall adopt
the map with modification or without change. A certified copy of the
ordinance, rule or regulation and a copy of the map, as adopted, shall
be filed forthwith in the office of the Town Clerk and in the Department
of Conservation and Waterways. In addition, the Commissioner is hereby
authorized, but not required, to post traffic control maps, as adopted,
at the respective marinas.
B.
It shall be unlawful for the operator of any vehicle to disobey the direction of any sign or marking relating to traffic control in any marina which shall be placed in accordance with the provisions of Subsection A of this section.
C.
Unless otherwise posted, the speed limit throughout any marina shall
be 15 miles per hour.
D.
In parking areas, all persons shall comply with the directions of
the posted parking instructions or marina attendant and shall occupy
the designated parking stall assigned to them, when applicable. Overnight
parking shall be limited to nonrecreational vehicles belonging to
the berthees or their guests. Any vehicle illegally parked shall be
towed away at owner's expense.
E.
Driving instructions of persons operating motor vehicles, motorcycles
or minibikes, either under a New York State learner's permit
or otherwise, shall be prohibited in all marina facilities.
F.
Except for vehicles operated by Town personnel, a person shall not
operate any type of vehicle within the area between parking fields
and the area contiguous to the boat basin.
G.
A person shall not drive or operate within any marina facility any
omnibus having an overall length in excess of 20 feet, unless a permit
is obtained for trailering a vessel to be launched from the ramp in
the west marina, in which case they must park in a designated area.
H.
A person shall not solicit for hire passengers for any vehicle in
any marina facility.
I.
Hitchhiking is prohibited in any marina facility.
J.
Obstruction of traffic by vehicle or otherwise, except in case of
emergency, is prohibited.
K.
Exemption of emergency and municipally owned or leased vehicles and
equipment. Nothing herein contained shall be construed to prohibit
the standing, parking or operation of police or fire vehicles, ambulances
and other emergency vehicles or municipally owned or leased vehicles
and equipment in Town marinas.
L.
Except when necessary to avoid conflict with other traffic or when
in compliance with law or the directions of a peace officer or a public
safety officer of the Town or an official traffic control device,
no person shall:
(1)
Stop, stand or park a vehicle:
(a)
On the roadway side of any vehicle stopped, standing or parked
at the edge or curb of any aisle or roadway within a marina.
(b)
On a sidewalk within a marina.
(c)
Within an intersection of any aisle or roadway, except when
permitted by official signs.
(d)
On a designated crosswalk.
(e)
Between a safety zone and the adjacent curb or the marked boundaries
thereof.
(f)
Alongside or opposite any excavation or obstruction when stopped,
standing or parking would obstruct traffic.
(g)
In a parking field within a marina facility other than within
markers designating parking spaces, and as nearly in the center of
designated stalls as possible.
(h)
On any lane or roadway in any parking field within a marina.
(2)
Stop, stand or park a vehicle, whether occupied or not, except momentarily
to pick up or discharge a passenger or passengers:
(a)
In front of a driveway.
(b)
Within 20 feet of a crosswalk unless a different distance is
indicated by official signs.
(c)
Within 30 feet upon the approach of any flashing signal, stop
or yield sign, or traffic control signal located at the side of the
aisle, land or road, unless a different distance is indicated by official
signs.
M.
No person shall stop, stand or park a vehicle within 15 feet or otherwise-indicated
distance of a fire hydrant, except when said vehicle is attended by
a licensed operator or chauffeur who is seated in the front seat and
who can immediately move the vehicle in case of an emergency.
N.
No person shall move a vehicle not lawfully under his control into
any prohibited area or away from a curb such distance as is unlawful.
O.
Except where angle parking is authorized, every vehicle stopped,
standing or parked wholly upon a two-way roadway shall be so stopped,
standing or parked with the right-hand wheels of such vehicle parallel
to and within 12 inches of the right-hand curb or edge of the roadway.
P.
Except where angle parking is authorized, every vehicle stopped,
standing or parked wholly upon a one-way roadway shall be so stopped,
standing or parked parallel to the curb or edge of the roadway in
the direction of authorized traffic movement with its right-hand wheels
within 12 inches of the right-hand curb or edge of the roadway, or
its left-hand wheels within 12 inches of the left-hand curb or edge
of the roadway.
Q.
Except where angle parking is authorized, every vehicle stopped,
standing or parked partly upon a roadway shall be so stopped, standing
or parked parallel to the curb or edge of the roadway. On a one-way
roadway, such vehicle shall be facing in the direction of authorized
traffic movement; on a two-way roadway such vehicle shall be facing
in the direction of authorized traffic movement on that portion of
the roadway on which the vehicle rests.
R.
No person shall disobey any instructions, directions or time periods
contained in any sign duly posted by the Town in any parking field
within a marina facility.
S.
No person shall use any parking field within any marina as a through-traffic
means for any purpose.
T.
It shall be unlawful and a traffic infraction for any person who
is not a holder of a valid special parking permit issued by the County
of Nassau for use by the physically handicapped to leave a motor vehicle
parked, stopped or standing in any of the spaces set aside in a marina
parking field for the sole and exclusive use of holders of valid special
handicapped parking permits issued by the County of Nassau. Any person
or persons, association or corporation committing an offense under
this subsection shall be subject to a fine of not more than $600.
[Amended 3-11-2003 by L.L. No. 23-2003, effective 3-27-2003]
U.
No person shall operate, park or leave standing any vehicle within
a Town marina or dock property as defined in this chapter if the vehicle
has an expired vehicle registration sticker or expired vehicle inspection
sticker, and the presence of any such vehicle in a Town marina or
dock property shall constitute a violation hereof, subject to the
applicable penalties set forth in this chapter.
[Added 3-29-2016 by L.L.
No. 24-2016, effective 4-18-2016]
[Added 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A marina permit may be canceled forthwith at the discretion
of the Commissioner for violation of any of the provisions of this
chapter, if deemed in the best interest of the general public to do
so.
[Amended 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
A.
Unless otherwise provided for herein, any person, association or corporation committing an offense against the provisions of § 163-37 of this chapter is guilty of a traffic infraction punishable by a fine of not more than $100 for each such offense. Such fine shall be collected as like fines are collected pursuant to the rules of the District Court of Nassau County.
[Amended 3-11-2003 by L.L. No. 23-2003, effective 3-27-2003]
B.
Any person committing an offense against any other section or provision
hereof shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a period not exceeding 15 days, or both
such fine and imprisonment.
[Added 12-11-1984 by L.L. No. 94-1984, effective 12-17-1984]
The Commissioner and members of the Department of Public Safety
of the Town of Hempstead, and duly authorized peace officers, are
hereby designated to be the enforcement agencies for the provisions
of this chapter.
