Town of Babylon, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 4-13-1993 by L.L. No. 3-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law supersedes former Ch. 86, Boats, adopted 12-9-1969, as amended.

§ 86-1 Applicability of provisions.

The provisions of this chapter shall apply to all waters and waterways within or adjacent to the Town or subject to its jurisdiction, except when prohibited by the laws of the United States of America.

§ 86-2 Definitions.

As used in this chapter, the following terms are defined as follows:
CHANNEL SYSTEM
Main channels, cross channels connecting with them, basins adjacent to docks, piers and wharves and bathing areas.
VESSEL
Every description of watercraft, boat or other contrivance used on or capable of being used as a means of transportation in water.

§ 86-3 Applicability of state regulations.

The Town of Babylon hereby adopts all provisions of the Navigation Law, the Environmental Conservation Law and the Vehicle and Traffic Law of the State of New York as applicable to the waters and waterways within or adjacent to the Town and subject to its jurisdiction as defined in Town Law § 130, Subdivision 17. The Bay Constables of the Town of Babylon shall be responsible for enforcement of this chapter and any applicable provision of the New York State Navigation Law, the Environmental Conservation Law and the Vehicle and Traffic Law of the State of New York.

§ 86-4 Speed limits on navigable waters.

A. 
No vessel shall be operated at a greater rate of speed than five miles per hour in channels nor at a greater speed than five miles per hour in areas designated as basin, dock anchorage or bathing areas, except that in channels in the open bay, speed shall be limited to 12 miles per hour.
B. 
No vessel shall be operated at a greater rate of speed than five miles per hour in, over and along any creek or canal or along any part of any creek or canal lying within the territorial limits of the Town, whether propelled in whole or in part by gas, gasoline, naphtha, oil or similar explosive medium or propelled by other means.
C. 
Unless otherwise provided in this section, no vessel shall be operated in excess of 45 miles per hour within navigable waters of the Town of Babylon.

§ 86-5 Dangerous wakes.

[Amended 8-5-2006 by L.L. No. 22-2006]
A. 
It shall be unlawful for a person operating a vessel to throw up a wake in an area where boats are moored, docked or anchored; where there are docks, floating or stationary; or in the area of a beach or park.
B. 
It shall be unlawful for a person operating a vessel to throw up a dangerous wake when approaching or passing another vessel, which wake endangers the property of another or the life or limb of any person or interferes with the free and proper use of the water of a channel.

§ 86-6 Mooring and anchoring.

[Amended 11-6-2008 by L.L. No. 26-2008]
No vessel or floating object is to be made fast to any dock, pier or wharf, rafted or otherwise made fast to any other vessel or anchored or otherwise secured to any underwater land in any harbor area within the Town of Babylon in such a manner as to obstruct the free and unimpeded navigation over such waterways. As a general rule, no vessel or floating object is to be docked, moored or otherwise secured to any dock, pier or wharf within the harbor areas of the Town of Babylon where it would occupy more than 1/4 the width of the harbor area (creek, canal or river) as measured along a perpendicular line from the dock, wharf or shoreline to which the vessel is secured to the opposite or parallel shoreline or wharf or anchored within 50 feet of the channel markers or in such manner as to interfere with the full use of the channel. Where, in the opinion of the Harbor Master, a vessel or floating object interferes with navigation in the harbor area, he shall issue a violation notice specifying that said vessel shall be moved or made fast so as not to interfere with navigation. The time for compliance with an order under this section is 48 hours unless for good cause the Harbor Master shall specify a lesser time. Failure to comply with a notice pursuant to this section shall be deemed a violation under this chapter.

§ 86-7 Removal of dangerous, unseaworthy and disabled vessels.

Any vessel which is abandoned, is a menace to navigation or is unseaworthy or has sunk, is grounded or has otherwise become disabled shall be removed by the owner or person in charge thereof on order of the Harbor Master to such a place as shall be directed by the Harbor Master. If said vessel is not removed within 10 days after order to the owner or last user thereof to remove it, it may be removed by or at the direction of the Harbor Master or any duly authorized officer or agent thereof at the expense of the owner or person in charge of said vessel, and the expense thereof shall be a lien upon the vessel. Notwithstanding the foregoing, in the event the presence of such a vessel presents an immediate threat to life, limb or property or the owner or last user thereof is not known, the Harbor Master, in his sole discretion, without prior notice to the owner or the last user thereof, may remove such vessel to such place as he/she deems necessary. The expense thereof shall be a lien upon the vessel.

§ 86-8 Docking permit required.

[Amended 8-17-1993 by L.L. No. 7-1993; 11-18-2014 by L.L. No. 14-2014]
A. 
No person shall tie up to or make fast to or park a vessel at any bulkhead, dock, pier or wharf owned by, maintained by or under the jurisdiction of the Town, unless he/she shall have first obtained from the Commissioner of Parks, Recreation and Cultural Affairs a permit therefor, as hereinafter provided, except in the case of an emergency requiring repairs to the vessel or the motor therein or in the case of a medical emergency.
B. 
No owner or person in charge of any vacant real property zoned residential in the Town shall permit, let or suffer any person to place any boat not owned by an owner of such real property upon such real property or tie up to, make fast to or dock a boat not owned by an owner of such real property at any bulkhead, dock, pier or wharf owned by or maintained by the owner or the person in charge of such real property in the Town unless the owner of the property shall have first obtained from the Commissioner of Parks, Recreation and Cultural Affairs a permit therefor, as hereinafter provided, except in the case of an emergency requiring repairs to the boat or motor therein.

§ 86-9 Exemptions from requirement of docking permit.

Vessels owned by municipalities or federal or state agencies shall be exempt from the requirement of a docking permit.

§ 86-10 Docking permit application.

[Amended 8-17-1993 by L.L. No. 7-1993; 10-6-2009 by L.L. No. 17-2009]
A. 
No permit for the mooring of vessels within the Town of Babylon, as provided for in § 86-11 hereof, shall be issued by the Commissioner of Parks, Recreation and Cultural Affairs unless the applicant therefor shall submit to him/her a written application, sworn to under oath by the applicant, on forms provided for that purpose, setting forth the following facts:
[Amended 11-18-2014 by L.L. No. 14-2014]
(1) 
That the applicant is the owner of the vessel for which the permit is sought.
(2) 
The name of and the number, if any, assigned by the authorities of the United States of America to the vessel.
(3) 
That the applicant resides within the Town.
(4) 
That the boat is otherwise in compliance with all federal, state, county and Town laws, codes, ordinances, rules and regulations, including but not limited to New York Navigation Law.
B. 
No permit for a dock, bulkheading, pier or wharf, as provided for in § 86-11 hereof, shall be issued by the Town Clerk unless the applicant therefor shall submit to him/her, sworn to under oath by the applicant, on forms provided for that purpose, a statement showing the following:
(1) 
That the applicant is the owner of the vacant property. For purposes of this section, "vacant real property" shall be defined as any residential parcel or property which is not improved by a residence or any legal structure utilized for residential purposes.
(2) 
That the Commissioner of Planning and Development has approved the issuance of the permit.
(3) 
If known at the time of the application, the names and addresses of the owners of the boats to be docked or placed upon such real property, together with the make, model and size of the boats and registration numbers. This information shall be provided by the owner of the property to the Town Clerk as such information becomes available or within 10 days after changes to that information.
C. 
Approval for a dock, bulkheading, pier or wharf;
(1) 
No permit shall be issued under § 86-11 unless the application is first approved by the Commissioner of Planning and Development. In determining whether to approve such application, the Commissioner of Planning and Development shall inspect and consider the following:
(a) 
The quality of the bulkhead, dock, pier or wharf.
(b) 
The safety of the bulkhead, dock, pier or wharf.
(c) 
The length of the dock and/or bulkheading and/or pier and/or wharf.
(d) 
That the facilities available to boat owners and/or operators for fueling, discharge of waste and rubbish, electrical service and water service are adequate and in compliance with all federal, state, county and Town laws, codes, ordinances, rules and regulations.
(e) 
That the premises is otherwise in compliance with all federal, state, county and Town laws, codes, ordinances, rules and regulations, including but not limited to New York Navigation Law § 33-c.
(f) 
That the property shall have at least two off-street paved parking areas, plus one additional off-street paved parking area per boat to be docked, two additional off-street paved parking spaces for each boat to be placed upon the property, and that the issuance of a permit pursuant to this section will not otherwise result in overcrowding of the parking areas on the street.
(2) 
Based upon the foregoing, the Commissioner of Planning and Development may approve the dock, bulkheading, pier or wharf permit and shall specify thereon the number of boats which shall be permitted to dock at or be placed upon the property.

§ 86-11 Issuance and revocation of docking permit.

[Amended 10-6-2009 by L.L. No. 17-2009]
A. 
If the Commissioner of Parks, Recreation and Cultural Affairs is satisfied that the applicant is a resident of the Town and possesses the required qualifications, he/she shall issue a permit to the applicant upon payment of such fee therefor as shall be determined from time to time by the Town Board.
[Amended 11-18-2014 by L.L. No. 14-2014]
B. 
In the event that an owner or person in charge of a boat or personal watercraft is in violation of this chapter or fails to comply with all federal, state, county and Town laws, ordinances, rules, regulations and codes respecting the docking of boats, the Commissioner of Parks, Recreation and Cultural Affairs may revoke the permit granted hereunder.
C. 
In the event that an owner or person in charge of a dock, bulkheading, pier or wharf is a violation of this chapter or fails to comply with all federal, state, county and Town laws, ordinances, rules, regulations and codes respecting the docking of boats, the Commissioner of Planning may revoke the permit granted hereunder.

§ 86-12 Expiration date of docking permit.

All docking permits issued hereunder shall expire on the 31st day of December of the calendar year in which said docking permit is issued.

§ 86-13 Loading areas for persons without docking permits.

The Town Board shall set aside a portion or portions of the bulkheaded docks, piers or wharves owned by, maintained by or under the jurisdiction of the Town as loading areas, at which areas persons not holding docking permits as herein specified may land their vessels for the purpose of unloading and loading passengers for periods of not longer than one hour.

§ 86-14 Trawling and net fishing restricted.

No person shall at any time engage in trawling, beam trawling or net fishing or use nets or fykes of any kind or description (except bait nets, crab nets and eel pots) for the taking of fish over that land lying under water owned by or under the lawful jurisdiction of the Town in the Great South Bay, the tributaries thereof and/or the Fire Island Inlet.

§ 86-15 Operating a vessel while under the influence of alcoholic or drugs.

No person shall operate a vessel on the navigable waters of the Town while the person's ability to operate such vessel is impaired by the consumption of alcohol or while such person is in an intoxicated condition, as defined in Vehicle and Traffic Law Article 31, or while the person's ability to operate such vessel is impaired by the use of a drug, as defined in Public Health Law § 3306.

§ 86-16 (Reserved) [1]

[1]
Editor’s Note: Former § 86-16, Penalties for operating a vessel in violation of the provisions of this chapter, was repealed 6-22-2010 by L.L. No. 10-2010. See now Ch. 1, General Provisions, Art. II, General Penalties.