Village of Old Field, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 6-12-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Boats and waterways — See Ch. 15.
Coastal erosion hazard areas — See Ch. 19.

§ 16-1 Findings and purpose.

A. 
Portions of the Village of Old Field's shoreline bounds the waters of the Port Jefferson Harbor Complex (hereinafter referred to as the "Harbor Complex"). The Harbor Complex is an attractive place to live or visit due to the harbor's excellent conditions to moor, anchor and operate vessels, the bustling commercial waterfront area and the high quality of the harbor's beaches, wetlands, habitats, surface waters and coastal landscape. The Harbor Complex contains regionally significant commercial port and wildlife resources and habitats of local, state and federal significance.
B. 
The authority to regulate the surface waters of the Harbor Complex is held by five separate municipalities. This circumstance of multiple jurisdictions necessitates a coordinated, intermunicipal approach to ensure adequate management of the Harbor Complex.
C. 
In recognition of the need for a coordinated, intermunicipal approach to manage the Harbor Complex, the Village of Old Field joined with the Town of Brookhaven and the Villages of Belle Terre, Poquott and Port Jefferson to prepare and adopt the Port Jefferson Harbor Complex Harbor Management Plan (hereinafter referred to as the "Harbor Management Plan"). Consistent with the recommendations of the Harbor Management Plan, the Village of Old Field declares that the purpose of this chapter is to implement the intermunicipal agreement between the Town of Brookhaven and the Villages of Belle Terre, Port Jefferson, Old Field and Poquott and to establish uniform definitions, standards, requirements and procedures for safe operation of vessels, and mooring and anchorage of vessels, within the waters of the Harbor Complex. The intent of this chapter is to ensure that the portions of the Harbor Complex controlled by the Village of Old Field remain an attractive place to live and visit, and to ensure its continued economic and environmental vitality for current and future generations by:
(1) 
Minimizing user conflicts through efficient use and equitable allocation of the waters of the Harbor Complex for a variety of commercial, industrial and recreational uses;
(2) 
Enhancing public and vessel safety;
(3) 
Improving conditions for navigation for all user groups by ensuring safe and unencumbered navigation for all vessel types and sizes;
(4) 
Protecting and enhancing high quality natural resource values by minimizing impacts from uses on natural resources and water quality;
(5) 
Ensuring access to and protecting marketable shellfish resources; and
(6) 
Better protecting privately owned shoreline property.

§ 16-2 Title.

This chapter shall be known as and may be cited as the "Old Field - Port Jefferson Harbor Complex Waterway Law."

§ 16-3 Enactment and adoption.

A. 
Pursuant to the provisions of New York State Executive Law, Article 42, New York State Navigation Law §§ 46 and 46-a, New York State Municipal Home Rule Law, § 10, the Village of Old Field, County of Suffolk, State of New York, hereby enacts this chapter.
B. 
The Surface Water Use Chart dated June 2000, and any amendments thereto, on file in the office of the Town of Brookhaven Division of Environmental Protection and Old Field Village Clerk, is, as it pertains to all those areas being within 1,500 feet from the shore bounding or bordering from the Village of Old Field, hereby adopted, incorporated and made a part of this chapter.

§ 16-4 Definitions.

For the purpose of this chapter, the following terms and phrases shall be given the meanings indicated as follows:
ABANDONED VESSEL
Any vessel that is not properly secured or attached to a mooring which is not properly maintained.
ACCESS LANES
Surface waters that provide for unobstructed movement and free passage of vessels, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
ANCHOR
A specially shaped, weighted device designed to dig efficiently into the underwater lands and hold a vessel within a given radius despite winds and currents.
ANCHORING
The act of securing a vessel for a temporary period of time to the underwater lands, by dropping an anchor or other device, other than a mooring, to underwater lands.
BARGE
A commercial vessel/boat used primarily for the transporting of goods on waterways, usually propelled by towing.
BARGE MOORING AREA
An area, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart, designated for the mooring of barges.
BEACHING
The act of driving or pulling a vessel onto the shoreline.
BOAT
See "vessel."
COMMERCIAL VESSEL
Any vessel operated for a fee, excluding charter boats, liveries or water taxis and excursion boats.
DESIGNATED MOORING AREA
An area specifically for the mooring of vessels, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
EDUCATIONAL SAILING PROGRAM
A program operated by a private, municipality or not-for-profit organization or educational institution for the purpose of teaching sailing and boating skills.
FEDERAL NAVIGATION CHANNEL
The federally designated channel within the Harbor Complex as authorized by the United States Congress in 1890, delineated on the NOAA Chart and as shown on the Surface Water Use Chart.
HARBOR USE AREAS
Areas for specified uses as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
HOMEOWNERS/BEACH ASSOCIATION
A formal or informal association of homeowners who own or control waterfront property within the Port Jefferson Harbor Complex.
MOOR
The act of securing a vessel in or upon the water by attaching a vessel to the ground or lands underwater by means of a mooring.
MOORING
A semi-permanent anchorage system which, by design, is not normally retrieved when a vessel leaves the anchorage system. A mooring includes, but is not limited to, a system consisting of an anchor, weight or other device attached to a length of chain and/or line secured to a float or buoy.
MOORING PERMIT
Required written authorization to place a mooring on any underwater lands within the Harbor Complex as specified under this chapter.
MOORING SEASON
The period of time from March 1 through December 15, inclusive, of the same calendar year.
MOORING TACKLE
Any assemblage of hardware, rope, line, wire or chain that is used to secure a mooring anchor, weight or other device to a buoy or vessel.
NATURAL RESOURCE PROTECTION AREA
An area that is environmentally sensitive, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
PERSON
Any individual, public or private corporation, firm, association, partnership, political subdivision, government entity or any other legal entity.
POLLUTANTS/POLLUTION
Any material or combination of material, including but not limited to bottles, glass, cans, junk, paper, scrap metal, garbage, rubbish or trash; or any untreated sanitary waste, oil or gas which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness to marine life; or
B. 
Pose a substantial present or potential hazard to public health, safety or the environment; or
C. 
Render the water unsightly, noxious or otherwise unwholesome so as to be detrimental to the public health, safety, welfare or to the enjoyment of the waters of the Harbor Complex.
PORT JEFFERSON HARBOR COMPLEX
For the purpose of this chapter, the surface waters of Port Jefferson Harbor, Setauket Harbor, Little Bay, Conscience Bay, the Narrows and 1,500 feet north of Mount Misery extending west following the shoreline to 1,500 feet northwest of Old Field Point, also known as the "Harbor Complex," which lie within 1,500 feet from the shore bounding or bordering from the Village of Old Field.
PORT JEFFERSON HARBOR COMPLEX HARBOR MANAGEMENT PLAN
The plan prepared for the Port Jefferson Harbor Complex dated March 1999, adopted by the Town of Brookhaven and the Villages of Belle Terre, Old Field, Poquott and Port Jefferson.
RAFTING
The attachment of two or more vessels together to an anchor or mooring.
RESIDENT
Any person who has his place of abode in the Village of Old Field and/or any person who owns real property within the Village of Old Field.
SHELLFISH PROTECTION AREA
An area designated for the protection of shellfish resources, as described in § 16-5 of this chapter and depicted on the Surface Water Use Chart.
SHORELINE
The line of the shore defined as that area where the water meets the land at any given time or tide.
SPEED
The rate at which a vessel travels over the surface of the water, measured by the distance traveled in miles per hour or parts thereof.
SURFACE WATER USE CHART
A chart of the surface waters and underwater lands and delineated use areas within the Port Jefferson Harbor Complex within the Town of Brookhaven and all surface waters within 1,500 feet from the shore bounding or bordering from the Village of Belle Terre, Village of Old Field, Village of Poquott and Village of Port Jefferson prepared pursuant to the Port Jefferson Harbor Complex Harbor Management Plan dated June 2000, and any amendments thereto, on file in the office of the Town of Brookhaven Division of Environmental Protection and the Village Clerk. For the purpose of this chapter, references to said chart pertain to all those areas being within 1,500 feet from the shore bounding or bordering from the Village of Old Field.
SWIMMING AREA
An area of surface water along the shoreline delineated by buoys, lifelines or perimeter ropes for the purpose of recreational swimming.
SWING RADIUS
The area that a vessel, secured to a mooring or anchor, can or may traverse as it rotates around a mooring or anchor in response to winds and currents.
VEGETATED TIDAL WETLANDS
All banks, bogs, meadows, flats and tidal marshes subject to tides and upon which grow the following vegetation, but not limited to: salt meadow grass (Spartina patens), salt grass (Distichlis spicata) or salt marsh cordgrass (Spartina alternifiora).
VESSEL
Every description of watercraft or other contrivance used or capable of being used as a means of transportation in or on the water, including aircraft such as seaplanes, personal watercraft and specialty prop-craft as defined under New York State Navigation Law § 2 and any amendments thereto.
WAKE
The track left by a vessel in the water or under the water.
WATERFRONT PROPERTY OWNER
The owner of any property that includes or adjoins mean high water and is thus entitled to riparian or littoral access.
WATERSKIING
The towing of a person or persons on water skis, a kneeboard, wakeboard, tube or other similar device by a line attached to a vessel.

§ 16-5 Harbor use areas.

A. 
Access lanes. The following access lanes are hereby established, as described herein and depicted on the Surface Water Use Chart:
(1) 
Conscience Bay - The Narrows Access Lane: located west of the Federal Navigation Channel generally in an east-west direction for approximately 1.2 miles at a constant width of 100 feet.
(2) 
Setauket Harbor Access Lane: generally located west of the Federal Navigation Channel, extending in an east-west direction for approximately .57 mile, at a constant width of 100 feet. The total distance of the access lane is 1.04 miles.
(3) 
Belle Terre Access Lane: located east of the Barge Mooring Area and the Southeast Mooring Area, extending in a southern direction parallel to the western shore of Belle Terre for approximately .87 mile at a constant width of 100 feet.
B. 
Mooring areas. The following areas are hereby established as designated mooring areas, as described herein and depicted on the Surface Water Use Chart:
(1) 
Barge Mooring Area: located east of the Federal Navigation Channel in the northeast portion of Port Jefferson Harbor, and southwest of Pirates Cove.
(2) 
Educational Sailing Program Mooring and Operation Area: located east of the Federal Navigation Channel in the southeast part of Port Jefferson Harbor.
(3) 
Northeast Mooring Area: located east of the Federal Navigation Channel in the northeast corner of Port Jefferson Harbor in an area locally known as "Pirates' Cove," "The Hole" or "Seaboard Cove."
(4) 
Northwest Mooring Area: located west of the Federal Navigation Channel in Port Jefferson Harbor, south of the Conscience Bay - Narrows Access Lane.
(5) 
Setauket Harbor: located west of the Federal Navigation Channel in Setauket Harbor along the shorelines of Strong's Neck and Poquott Village.
(6) 
Southeast Mooring Area: located east of the Federal Navigation Channel comprising a significant portion of the eastern part of Port Jefferson Harbor.
(7) 
Southwest Mooring Area: located west of the Federal Navigation Channel in Port Jefferson Harbor along the eastern shoreline of the Village of Poquott.
C. 
Natural resource protection areas. The following areas are hereby established as natural resource protection areas, as described herein and depicted on the Surface Water Use Chart:
(1) 
All of Conscience Bay.
(2) 
All of Little Bay.

§ 16-6 Vessel speed limits.

[Amended 4-15-2004 by L.L. No. 1-2004]
A. 
No person shall operate any vessel in excess of 30 miles per hour in any waters of the Harbor Complex except as provided in Subsection C below.
B. 
No person shall operate any vessel in excess of five miles per hour, or in such a manner that an excessive or destructive wake is created within the following areas, except as provided in Subsections C and D below:
(1) 
The Federal Channel.
(2) 
Any access lane.
(3) 
Setauket Harbor.
(4) 
Conscience Bay.
(5) 
Little Bay.
(6) 
The Narrows, from the western end of Conscience Bay-Narrows Access Lane to Conscience Bay.
(7) 
The waters within 100 feet of:
(a) 
Any moored vessel;
(b) 
Any anchored vessel;
(c) 
A swimming area or swimmer;
(d) 
Any dock or pier; or
(e) 
Any shoreline within the Harbor Complex.
C. 
Law enforcement and emergency vessels. All federal, state and local law enforcement and emergency vessels shall be exempt from all set speed limits while engaged in the performance of their official duties.
D. 
Exceptions.
(1) 
Commercial vessels, as defined under this chapter, shall adhere to all set speed limits as set forth in this section when wind, weather or sea conditions require the use of a higher speed for safe piloting, and provided that:
(a) 
Such increase in speed shall not exceed the minimum speed that is necessary and appropriate to ensure adequate and safe piloting; and
(b) 
Such increase in speed does not cause any harm or damage to any person or vessel.
(2) 
Waterskiing. Within Conscience Bay or Little Bay, a vessel may be operated at a maximum speed of up to 30 miles per hour, provided such vessel is actually engaged in waterskiing as defined under this chapter.

§ 16-7 Anchoring.

A. 
Except as set forth in Subsection B, the anchoring of any vessel shall be prohibited within:
(1) 
Any area such that the swing radius allows the vessel to be within 100 feet of any swimming area.
(2) 
Any area such that the swing radius allows the vessel to be within 50 feet of:
(a) 
The Federal Navigation Channel or any access lane;
(b) 
A mooring or moored vessel;
(c) 
Another vessel at anchor;
(d) 
Any aid to navigation or marker buoy; or
(e) 
Any dock or pier.
B. 
Emergency anchoring. The prohibitions set forth in Subsection A, above shall not apply to the anchoring of any vessel due to:
(1) 
Harsh, inclement weather such as severe and sustained wind, rain, fog, lightning or other severe storm conditions; or
(2) 
Engine or other equipment malfunctions that render a vessel inoperable or the operation of such vessel unsafe.

§ 16-8 General prohibitions and restrictions.

A. 
Prudent operation. Within all waters of the Harbor Complex, no person shall operate or maneuver any vessel in an unreasonable manner that may result in endangering or causing injury or damage to, or placing at risk, any person, property or the environment. The term "maneuver" shall include but not be limited to:
(1) 
Weaving through congested traffic;
(2) 
Jumping the wake of another vessel at a distance unreasonably or unnecessarily close to such vessel;
(3) 
Jumping the wake of another vessel when such vessel's visibility is obstructed; or
(4) 
The operation of a vessel unreasonably close to another vessel so as to create the possibility of a collision.
B. 
Rafting. No person shall raft any vessel in such a manner that interferes with:
(1) 
Any other vessel;
(2) 
Any other person's lawful use of the Harbor Complex's surface waters; or
(3) 
The safe and proper functioning of adjacent moorings or vessel anchorage.
C. 
Pollution. No person shall discharge at any time any untreated sanitary waste or other pollutants, as defined in this chapter, within any area of the Harbor Complex.
D. 
Noise.
(1) 
Muffler required. No person shall operate a vessel with an outboard or an inboard motor unless equipped with an adequately muffled exhaust, as set forth in Navigation Law § 44, and any amendments thereto.
(2) 
Noise restrictions.
(a) 
No person shall use any noise-producing or noise-amplifying instrument on any vessel in such a manner that it endangers the safety or health of any person, or disturbs a reasonable person of normal sensitivities or endangers personal or real property.
(b) 
No person shall engage in any activity or cause any noise disturbance that disturbs the reasonable quiet, comfort or repose of occupants of adjacent vessels or adjacent shorefront residences between the hours of 11:00 p.m. and 6:00 a.m., prevailing time.
(c) 
The prohibitions set forth in Subsections D(2)(a) and (b) above shall not prohibit the use of whistles, bells or horns as signals as required by any New York State or federal law for the free and safe navigation of motorboats or vessels.
(3) 
Engine decibel levels. No person shall run or operate any vessel engine where the decibel level exceeds the recommended levels as per the New York State Navigation Law, Article 4, and any amendments thereto.
E. 
Beaching. No person shall beach any vessel in an area containing vegetated tidal wetlands, as defined under this chapter, or in such a manner as to cause damage or harm to any vegetation.
F. 
Interference with markers. No person shall interfere, damage, deface or otherwise cause harm to any navigation aid, including but not limited to buoys, beacons or other fixed objects in the water which are used to mark obstructions, or provide information or direct navigation through safe channels.
G. 
Waterskiing.
(1) 
No person shall waterski within 300 feet of the shorelines of Conscience Bay or Little Bay.
(2) 
No person shall engage in waterskiing in any area of the Harbor Complex during the period from sunset to sunrise.
(3) 
No person shall operate a vessel for waterskiing in any area of the Harbor Complex unless there is in such a vessel a person, other than the operator, at least 10 years of age, in a position to observe the person being towed.
(4) 
No person shall operate any vessel for waterskiing in excess of the speed limits as set forth in § 16-6 of this chapter.

§ 16-9 Harbor use area regulations.

A. 
Designated mooring areas and restrictions.
(1) 
The mooring of any vessel or the placement, location or installation or use of any mooring within the Harbor Complex shall only be permitted within a designated mooring area, as described under this chapter and depicted on the Surface Water Use Chart.
(2) 
Exceptions. Mooring may be permitted at a location outside a designated mooring area, provided that:
(a) 
Such location is not otherwise restricted under this chapter; and
(b) 
The applicant falls within one of the following classifications:
[1] 
Waterfront property owner;
[2] 
Waterfront homeowners association or a member of such association; or
[3] 
The property owner has enforceable deeded grants of access to the surface waters.
B. 
Barge Mooring Area. Within the designated Barge Mooring Area, permitted barge moorings shall have the right to remain in place, at the authorized location, for the permitted year. The harbormaster or bay constable may require barge moorings to be removed and inspected on an annual basis if deemed necessary.
C. 
Educational Sailing Program Mooring and Operation Area. Within the designated education sailing program area, moorings shall only be permitted for use by educational sailing programs.
D. 
Shellfish protection areas. Within any designated shellfish protection area, the anchoring or mooring of any vessel, or any form of disruption or any disturbance to the bottom or underwater lands, shall be prohibited.
E. 
Restricted use of Belle Terre Access Lane. No person shall operate any vessel exceeding 30 feet in length within any surface waters within the Belle Terre Access Lane, as described under this chapter and depicted on the Surface Water Use Map.

§ 16-10 Mooring permits.

A. 
Mooring permits required.
(1) 
A mooring permit in accordance with this chapter shall be required prior to any person:
(a) 
Placing or causing to place any mooring or mooring tackle in or upon any surface waters within the Harbor Complex; or
(b) 
Securing any vessel, floating home, structure, barge, raft, private float or any other object to any mooring.
(2) 
Exceptions. A mooring permit shall not be required for any mooring temporarily installed to facilitate approved dredging, approved dock construction or other approved water-related work projects.
(3) 
A permit obtained from the Town of Brookhaven does not relieve a person of the necessity to obtain a permit or approval as required by any other governmental entities.
B. 
Mooring location.
(1) 
All moorings must be placed at the particular location as specified in the mooring permit.
(2) 
A mooring may only be relocated upon obtaining an amended mooring permit specifying the new location.
C. 
Duration and number of mooring permits.
(1) 
A mooring permit shall be valid for one calendar year.
(2) 
No more than two mooring permits shall be issued to any person for the calendar year.
D. 
Display of permit number. Mooring permit identification numbers must be clearly displayed, not less than three inches in height, on the buoy or float attached to the mooring tackle. A copy of the permit placard issued by the Town of Brookhaven must be clearly posted on any vessel attached to a mooring in such a manner that allows the harbormaster or bay constable to identify and compare the permit identification numbers on the mooring buoy to the moored vessel.
E. 
Nontransferability of mooring permit. No person holding a mooring permit shall transfer the permit to any person without written consent from the Town of Brookhaven.
F. 
Acceptance of mooring permit. Acceptance of a mooring permit shall constitute an agreement and acknowledgment that the permit owner will hold the Village of Old Field and Town of Brookhaven, including their authorized representatives, completely harmless from any liability or expenses incurred in connection with the mooring, and/or the removal, storage, impounding or towing of the mooring or moored vessel as set forth in § 16-14 of this chapter.
G. 
Revocation of mooring permit. The Town of Brookhaven may suspend, revoke or refuse to renew any mooring permit upon a showing that the permit owner failed to comply with the provisions of this chapter. Prior to the Town of Brookhaven revoking or refusing to renew any mooring permit, written notice shall be sent to the Village Clerk and the permit owner, by certified or registered mail to the address provided on the last application. The written notice shall set forth the reasons for such revocation or nonrenewal and provide the permit owner an opportunity to present any evidence regarding the revocation or nonrenewal. Nonuse of an assigned mooring location for a period of 120 consecutive days may constitute a sufficient basis for such revocation or nonrenewal. Any revocation or nonrenewal shall be effective 48 hours after the Town of Brookhaven's decision, and the permit owner shall remove said vessel or mooring within that time period. Failure to remove the vessel shall be a violation of this chapter.

§ 16-11 Mooring restrictions.

A. 
Vessel restrictions. No person shall secure a vessel to any mooring in a manner that causes such vessel to interfere with or be within:
(1) 
The riparian access of a waterfront property owner;
(2) 
One hundred feet of any swimming area;
(3) 
The swing radius of any adjacent moored vessel(s); or
(4) 
Fifty feet of:
(a) 
The Federal Navigation Channel or any access lane; or
(b) 
Any aid to navigation or buoy marker.
B. 
Nonauthorized use of moorings. No person shall rent, lease or accept any monetary consideration for the use of any installed mooring.
C. 
Minimum mooring tackle standards.
(1) 
Mooring installation.
(a) 
No person shall install, place or cause to be placed any mooring within the Harbor Complex unless such mooring is of sufficient size, strength and condition to hold the moored vessel safely in severe storm conditions.
(b) 
All installed moorings must include a nonmetallic mooring buoy and a pennant float, commonly known as a "pick-up stick."
(2) 
Mooring use. No person shall secure any vessel to an installed mooring unless the mooring tackle is of sufficient size and strength to hold the moored vessel.
D. 
Mooring maintenance required.
(1) 
All mooring owners shall be:
(a) 
Responsible for maintaining their mooring lines, tackle and chafe gear in order to provide for the safe and secure mooring of their vessels; and
(b) 
Liable for any damage caused to their own vessel or to any other vessel resulting from the mooring owner's reckless action or negligence in maintaining any mooring lines, tackle and chafe gear.
(2) 
Upon the failure of any person to provide for the safe and secure mooring of any vessel, the Town of Brookhaven may properly secure such vessel. The failure of any person to provide for the safe and secure mooring of any vessel will result in such person being responsible and liable for all costs, including but not limited to labor, materials and administrative fees, incurred by the Town of Brookhaven in properly securing the vessel.
E. 
Expiration of mooring season.
(1) 
Except as set forth in Subsection E(2) herein, within five days of the expiration of the mooring season, as defined under this chapter, all moorings and mooring tackle must be removed by the owner. The failure to remove any mooring or mooring tackle may result in the Town of Brookhaven removing such mooring and mooring tackle, and the permit owner or registrant shall be responsible for all costs incurred by the Town of Brookhaven for the removal of such mooring and/or mooring tackle, in addition to any fines for any violations of this chapter.
(2) 
The following moorings may remain in place for the permitted calendar year:
(a) 
Moorings located in the designated Barge Mooring Area.
(b) 
Moorings that have received written approval from the Town of Brookhaven for year-round use.
F. 
Mooring inspection. The harbormaster, bay constable or other duly authorized employee of the Town of Brookhaven or other qualified professional is authorized to inspect any mooring tackle placed within any area of the Harbor Complex either prior to installation or after removal of such mooring at the end of the mooring season. If at any time during the mooring season, visual wear to the pennant or mooring buoy is observed by the harbormaster or bay constable that would render such mooring unsafe, the mooring owner will be responsible for repairing or replacing the worn equipment at the owner's sole expense.

§ 16-12 Mooring permit applications.

In accordance with this chapter, any person proposing to place or causing to be placed a mooring within the Port Jefferson Harbor Complex shall file a permit application with the Town of Brookhaven Division of Environmental Protection on forms promulgated by the Town of Brookhaven Director of the Division of Environmental Protection. The granting, denying or conditioning of any mooring permit shall be in accordance with the Town of Brookhaven Port Jefferson Harbor Complex Waterway Law, and any amendments thereto.

§ 16-13 Appeals of decisions regarding mooring permits.

Any person or applicant may appeal any decision regarding issuance or denial of a mooring permit to the Town Board of the Town of Brookhaven. Said appeal must be taken within 30 days of the Director's decision and made to the Town Clerk and Village Clerk upon such forms promulgated by the Town Clerk of the Town of Brookhaven. Any person aggrieved by any decision of the Town Board of the Town of Brookhaven may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules within 30 days of the filing of such determination in the office of the Town Clerk.

§ 16-14 Enforcement and penalties for offenses.

A. 
Failure to obey.
(1) 
No person shall willfully fail to obey any sign, notice, signal, control device or buoy placed or erected within the Harbor Complex.
(2) 
No person shall fail to comply with any lawful order or direction of any harbormaster, bay constable, police officer, Code Enforcement Officer, park ranger or other person duly empowered and authorized to enforce the provisions of this chapter or duly authorized to ensure the free and safe navigation of waters within the Harbor Complex.
B. 
Penalties. A violation of any provision of this chapter shall be an offense punishable by a fine of not less than $100 and not exceeding $250 or by imprisonment for a period of not more than 10 days. Each violation shall be a separate and distinct offense. Each day's continued violation shall constitute a separate and additional offense. 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 15 days for each such offense, or by both such fine and imprisonment.
C. 
Towing and removal of vessels.
(1) 
To ensure the free and safe navigation of waters within the Harbor Complex, the harbormaster, bay constable, police officer, Code Enforcement Officer, park ranger or other duly authorized person shall have the authority to tow, seize and impound:
(a) 
Any vessel moored or anchored in violation of any provision of this chapter, or the Town of Brookhaven Port Jefferson Harbor Complex Waterway Law, and any amendments thereto; or
(b) 
Any moored or anchored vessel or barge, float, raft or other floating conveyance that presents a hazard to the public health, welfare and safety or interferes with the free and safe navigation of the waters within the Harbor Complex; or
(c) 
Any mooring installed, placed or located in or upon any surface waters within the Harbor Complex in violation of any provision of this chapter.
(2) 
The Town of Brookhaven may retain any impounded mooring, boat, vessel, barge, raft, float or any other object impounded, until any fees, costs and expenses incurred by the Town of Brookhaven and Village of Old Field, or any fines or penalties imposed by the court arising from any violation, have been paid.
(3) 
In addition to any fines from any violation of this chapter, the vessel owner, operator or person in control of the vessel shall be responsible and liable for any removal fees, towing and storage expenses and administrative expenses incurred by the Town of Brookhaven in removing said vessel. The Town of Brookhaven may retain any vessel, mooring float, raft or other floating conveyance, until such time as the owner or operator of said vessel reimburses the Town of Brookhaven for any and all costs and expenses incurred.
(4) 
Any vessel, mooring, float, raft or floating craft not redeemed within 60 days from the date of impoundment shall be deemed to be abandoned and disposed of in accordance with the provisions of Subsections D and E below.
D. 
Abandoned vessels.
(1) 
To ensure free and safe navigation of waters within the Harbor Complex, the harbormaster, bay constable, police officer, Code Enforcement Officer, park ranger or other duly authorized person may seize and impound any abandoned vessel located within the waters of the Harbor Complex and dispose of such vessel in accordance with the provisions of Subsection E herein. The vessel owner shall be responsible for any and all costs and expenses incurred by the Town of Brookhaven and Village of Old Field as a result of impounding and storing such vessel.
(2) 
Sale of abandoned vessels.
(a) 
Prior to the sale of any abandoned vessel, the Town of Brookhaven shall make an inquiry as to the vessel's last owner as provided in Subsection E herein.
(b) 
Exception. Any vessel, taking into consideration its condition, having been determined to have a wholesale value of $200 or less, or which is not suitable for operation on the waters within the Harbor Complex, shall be disposed of without prior notice.
E. 
Disposal of impounded vessels and moorings. Upon seizing and impounding any vessel or mooring pursuant to Subsection C or D, the Town of Brookhaven shall:
(1) 
Make an inquiry as to the last known address of the owner of the impounded vessel and/or mooring by checking the vessel registration numbers or the last known mooring permit application; and
(2) 
Notify the last owner by registered mail that the vessel and/or mooring has been impounded and that the failure to reclaim the vessel or mooring within 45 days from the date of the notice will result in said vessel or mooring being sold at public auction; or
(3) 
If the vessel owner cannot be determined, then the Town of Brookhaven shall provide public notice, by publishing in a newspaper, as designated by the Town of Brookhaven, having a general circulation in the Harbor Complex area where that vessel and/or mooring was seized or impounded. Such public notice shall state that the vessel or mooring will be sold publicly if said vessel or mooring is not redeemed within 45 days from the date of notice of publication.

§ 16-15 Emergency.

Applicability. The requirements and the prohibitions of this chapter do not apply to emergency actions that are necessary to protect public health, safety and welfare or to protect property. Any person conducting and/or undertaking emergency activities shall, to the extent practicable, avoid, prevent and/or minimize damage to natural resources within the Port Jefferson Harbor Complex.

§ 16-16 Applicability; delegation.

A. 
The provisions of this chapter shall be deemed to apply to only those portions of the Village of Old Field's shoreline that bounds the waters of Port Jefferson Harbor and Conscience Bay, including all surface water within 1,500 feet from such shoreline, which shoreline and surface areas are more particularly shown on and described on "The Surface Water Use Chart," dated June 2000, and any subsequent amendments thereto.
B. 
For the purpose of this chapter only, certain administrative tasks and procedures which are set forth in said chapter have been delegated to the Town of Brookhaven. Said delegation is for the sole purpose of the uniform administration of this chapter in furtherance of the Port Jefferson Harbor Complex Plan. Such delegation and administrative processing by the Town of Brookhaven shall not be deemed, construed or interpreted in any manner to vest, transfer or abdicate to the Town of Brookhaven or any other municipal participant in the Port Jefferson Harbor Complex any control of, or jurisdiction over, the Village of Old Field's shoreline or adjacent surface water areas.