Town of Southold, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boats, docks and wharves — See Ch. 96.
Coastal erosion hazard areas — See Ch. 111.
Parking at beaches — See Ch. 189, Art. I.
[Adopted 7-22-1997 by L.L. No. 19-1997]

§ 157-1 Title; applicability.

A. 
Title. This article shall be known as the "Fishers Island Harbor Management Law."
B. 
Applicability. Unless otherwise provided, each provision of this article relating to Fishers Island shall apply to all waters adjacent to Fishers Island, Town of Southold, from the mean high-water mark to a distance of 1,500 feet from the shore.

§ 157-2 Traffic control authority.

The Bay Constables, Fishers Island Constables, the New York State Police and other law enforcement officers shall have authority to control waterborne traffic as specified in Chapters 96 and 157 of the Southold Town Code and other applicable state and federal statutes.

§ 157-3 Fishers Island Harbor Committee.

The Town Board creates a Fishers Island Harbor Committee to recommend policies for the management of the waters bounding Fishers Island and to assist in administration of this article. The membership shall represent a wide range of groups interested in and using the waters bounding Fishers Island. Members shall be appointed for five-year terms. The Committee shall meet a minimum two times per year, prior to and after the boating season. Notice of the meeting shall be posted 10 days in advance.

§ 157-4 Speed and wake regulation.

No vessel shall be operated in a manner to create a wake which could endanger or disturb persons or property in any area of Fishers Island waters. No vessel shall be operated at a speed greater than five miles per hour in designated speed zones or within 300 feet of shore, pier, anchored or moored vessels, launching ramps, marinas, sailboat race or other congested areas.

§ 157-5 Waterskiing.

A. 
Waterskiing is prohibited in all areas where speed in excess of five miles per hour is prohibited.
B. 
The following regulations shall apply to Hay Harbor:
(1) 
Waterskiing is permitted after 5:00 p.m. on weekdays and all day Saturday and Sunday unless organized waterfront activities have been approved by the Bay Constable.
(2) 
Water-skiers will follow a pattern established by the first boat to start skiing, i.e., clockwise or counterclockwise.
C. 
Skiers will remain a minimum of 100 feet from any dock or shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride.

§ 157-6 Anchoring and mooring.

A. 
All boats temporarily anchored in waters bounding Fishers Island shall anchor in an area established by the Fishers Island Harbor Committee, subject to the following:
(1) 
No anchoring is permitted in Inner West Harbor or Silver Eel Pond.
(2) 
No overnight anchoring is permitted in Hay Harbor.
(3) 
Anchoring shall not be permitted for a continuous period of more than three consecutive nights in a fourteen-day period within an anchorage unless authorized by the Fishers Island Bay Constable, which authorization may only be granted for emergency situations.
[Amended 1-18-2000 by L.L. No. 2-2000]
(4) 
No boat shall be so moored or anchored that it at any time rests within any channel or interferes with the full use of such channel, nor shall any boat be moored or anchored within 50 feet of any dock, pier or other boat docking facilities.
B. 
No permanent moorings shall be placed unless authorized by a permit duly issued by the Fishers Island Harbor Committee Secretary/Clerk. An annual mooring sticker issued to the permittee by the Fishers Island Harbor Committee Secretary/Clerk indicates authorization of the permit.
[Amended 1-18-2000 by L.L. No. 2-2000]
(1) 
The location of each mooring shall be assigned by the Fishers Island Harbor Committee for waters bounding Fishers Island. The Committee shall consider optimum use of available space, vessel safety, environmental protection, impacts on shorefront property owners, whether the mooring will be used for vessel storage or living aboard and the size and class of vessel, while assigning mooring locations.
(2) 
The fees for a mooring permit shall be those established by resolution of the Southold Town Board.
(3) 
All mooring permits shall expire on December 31 of the year of issuance.
(4) 
All mooring buoys shall be assigned a number by the Fisher's Island Harbor Committee Secretary/Clerk, which shall be affixed to the buoy by the permittee in numbers at least four inches in height.
(5) 
The Committee will maintain the mooring plan for West Harbor.

§ 157-7 Use of vessel as abode.

A. 
Use of a vessel as an abode, whether at a dock, in a designated anchorage or on a mooring designated for a live-aboard use, is permitted for three consecutive nights within any fourteen-day period.
B. 
The Town Board authorizes the Fishers Island Harbor Committee power to allow temporary exemptions to length-of-stay restrictions, by considering the location of the vessel, overboard discharges associated with the vessel and the reasons for requesting the exemption.

§ 157-8 Mooring maintenance.

A. 
All moorings are subject to random inspections by a Bay Constable or his designee, who may require hauling, repair or replacement for worn or defective tackle.
B. 
Moorings failing an inspection or missing a buoy or otherwise defective or unsafe shall not be used until the condition is corrected.
C. 
If unsafe conditions persist or the mooring is abandoned, the Bay Constable shall order and direct the removal of the tackle. In the event that the owner fails to remove the tackle within 10 business days, the Town may cause the tackle to be lifted and removed. The expense of such removal shall be a lien and charge on the property of the boat owner until paid and shall be collected in the same manner and the same time as other Town charges.

§ 157-9 Use of private moorings by guests.

A. 
Permittees may make their vacant mooring available to their guests upon notification of and permission from the Fishers Island Bay Constable or his designee, for a period not to exceed three consecutive nights within any fourteen-day period. Permission shall be granted if the guest vessel is of compatible or like size to the vessel for which the mooring was approved and can be accommodated with the approved mooring tackle and within the approved mooring circle.
B. 
Live-aboard guest use of a private mooring shall be limited to the mooring field in West Harbor designated by the Fishers Island Harbor Committee for live-aboard use. Such use is subject to the provisions governing use of vessel as an abode.[1]
[1]
Editor's Note: See § 157-7.

§ 157-10 Rafting.

Rafting on a single mooring will only be permitted for not more than three boats during the daylight hours and two boats at night, provided it does not interfere with adjacent single moorings or anchorages or navigation of other boats. Owners or operators of rafted vessels shall not leave the raft unattended and shall be available to tend to the vessels in the event of heavy weather.

§ 157-11 Discharge of refuse.

It shall be a violation of this article to discharge any untreated or improperly treated sewage, refuse or waste matter, petroleum product or by-product, paint, varnish, dead animals or debris within Fishers Island waters or adjacent shores.

§ 157-12 Unnavigable boats; hazards to navigation.

A. 
Any boat which becomes a menace to navigation or unseaworthy or sinks, grounds or otherwise becomes disabled or incapable of navigation shall be removed or restored to navigable condition by the registered owner upon notice from the Southold Town Board or its designated agent, which notice shall be either by personal service or be certified mail addressed to the registered owner's last known address as given by him or as stated in his certificate of registration.
B. 
If such boat is not removed or restored to navigable condition by the owner within one week after the mailing of said notice, the Southold Town Board or its designated agency may direct the removal or destruction of the boat; and the cost of said removal, including storage charges, shall attach to and shall become a lien upon said boat; and said boat may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The Town shall not be liable for any damage done to said boat during its removal, storage and sale.

§ 157-13 Severability.

Should any provision of this article be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered.

§ 157-14 Penalties for offenses.

A. 
It shall be unlawful for any person or agent of any person to fail to comply with any provision of this article or to fail in any manner to comply with a written notice, directive or order of the Bay Constables or to conduct any operation in a manner not in compliance with a permit issued pursuant to this article.
B. 
For every offense against any of the provisions of this law or any regulations made pursuant thereto or failure to comply with a written notice or order of the Bay Constables within the time fixed for compliance therewith, any person, or any other person or agent of such who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Bay Constables shall, upon conviction thereof, be guilty of a violation punishable by a fine not exceeding $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day's continued offense shall constitute a separate, additional violation.
[Amended 1-16-2007 by L.L. No. 3-2007]