[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton Beach 5-12-2003 by L.L. No. 5-2003. Amendments noted where applicable.]
GENERAL REFERENCES
Waterways — See Ch. 187.
Yacht basin — See Ch. A201.
A. 
It shall be unlawful for any person to permit or allow any boat to be docked, tied, anchored, moored, or otherwise confined in the Village marina/yacht basin without a valid permit.
B. 
Any boat docked, tied, anchored, moored, or otherwise confined in the Village marina/yacht basin without a valid permit may be removed and stored at a suitable place by the Village at the owner's expense.
C. 
Permits to dock a private pleasure boat at the Village marina/yacht basin shall be made to the Village Clerk, who shall issue such permits based upon schedule of fees for the marina/yacht basin adopted from time to time by the Board of Trustees.
A. 
The application for a permit to dock a boat at the Village marina/yacht basin is an authorization by the Village Board of Trustees, its agents, servants or police to remove such boat from the marina/yacht basin to a suitable place at the expense and risk of the owner in the event that it becomes necessary to remove such boat because of the expiration of the permit or for the violation of the rules and regulations of the marina/yacht basin.
B. 
The Village may store boats impounded pursuant to the provisions hereof in a suitable place at the expense of the owner.
C. 
Charges for impounded boats.
(1) 
All reasonable and necessary expenses for impounding boats, including, without limitation, the cost of removal and storage, shall be charged against the boat; and if the owner thereof fails or refuses to claim the boat and reimburse the Village for all charges with the time permitted by Subsection F below, the Village may sell the boat; and the proceeds of such sale, less the cost, shall be held by the Village, without interest, for the benefit of the owner for a period of five years. If not claimed within such five-year period, the proceeds shall be paid into the Village's general fund.
(2) 
The last owner of the impounded boat shall be liable to the Village for all reasonable and necessary expenses for impounding the boat.
(3) 
The Village Board of Trustees by resolution shall establish a schedule of charges for impounded boats.
D. 
Notification of owner.
(1) 
Except for boats governed by Subsection F(3) below, the Village shall make an inquiry concerning the last owner of the impounded boat as follows:
(a) 
With registration numbers affixed, to the jurisdiction which issued such numbers.
(b) 
With no registration numbers affixed, to the New York State Department of Motor Vehicles and the United States Coast Guard.
(2) 
The Village shall notify the last owner and any lienholder and mortgagee, if known, that the boat in question has been removed and that, if unclaimed, it will be sold at public auction within 30 days of the date such notice was mailed. In addition, at the Village Clerk's discretion, the Village Clerk may cause notice of removal to be published in a newspaper addressed "To Whom It May Concern," requiring the redemption thereof.
E. 
Redemption. The owner of a boat or person entitled to possession of the removed boat may redeem it at any time prior to sale upon submission of adequate proof of ownership or entitlement and payment of all charges.
F. 
Sale.
(1) 
Except for boats governed by Subsection F(2) and (3) below, the Village may sell any impounded boat within 30 days after notification is mailed to the owner in accordance with Subsection D above.
(2) 
If, as a result of the inquiry made pursuant to Subsection D above, the owner is not known, the Village may sell any impounded boat 30 days after its removal.
(3) 
A boat having, at the time of removal, taking into consideration its condition, a wholesale value of $100 or less and which is not suitable for operation on the water may be sold or otherwise disposed of immediately.
(4) 
The sale of a removed boat shall be at public sale, with public notice of such sale being posted conspicuously in at least three places in the Village at least six days before the sale. The Village Clerk may, at the Village Clerk's discretion, give other publicity of such sale or delay the sale in the interest of justice.
The first violation of any provision of this chapter shall be an offense which shall be punishable by a fine of not less than $150 or more than $250 or imprisonment for a period not exceeding 10 days for each such offense, or by both such fine and imprisonment. A second or subsequent offense shall be punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not exceeding 10 days for each said such offense, or for both such fine and imprisonment.
The provisions of this chapter shall apply to any boat located in the marina as of the date of the adoption of this chapter.