Unless otherwise expressly provided, the following words for the purpose
of this chapter shall bear the meanings herein indicated:
LIVING ABOARD A BOAT
The use or occupancy of a boat as living quarters by one or more
persons for the purpose of general housekeeping or for sleeping quarters.
PERSON
Includes an individual, a partnership, an unincorporated association,
a corporation or any other entity.
RESIDENTIAL VESSEL
A boat, barge or other craft equipped or used primarily as a dwelling,
as opposed to primarily used for transportation over water, and capable of
movement under its own power source.
SEASONAL
The period between April 15 and October 15 of a given year.
VESSEL
Includes every kind of boat, residential vessel, vessel, specialty
prop craft and floating craft suitable for general navigation or recreational
use under its own propulsion.
[Amended 8-17-1992 by L.L.
No. 10-1992]
VILLAGE WATERWAYS
That portion of the Hudson River within or bounding the Village of
Tarrytown to a distance of 1,500 feet from the shore.
[Amended 7-16-2007 by L.L. No. 7-2007]
A. No garbage, oil, sludge, paper, refuse, debris, sewage
or waste material of any kind shall be thrown, deposited, discharged or permitted
to fall from any boat into any part of the Village waterways.
B. The operator of any boat club or marina that provides
docking for more than 20 boats shall be required to make known to all vessel
owners or operators that have boats which are [i] equipped with marine toilet
facilities and [ii] domicile or rent boat slips from such boat club or marina
on a seasonal or temporary basis, that a dye tablet must be placed in the
toilet and holding tank of said boats. It shall be the responsibility of the
aforementioned boat club or marina to provide the requisite dye tablets to
the vessel owner or operator, and it shall be the responsibility of the vessel
owner or operator to place the dye tablet in the toilet and holding tank of
said boat upon either the arrival or launching of said vessel at the boat
club or marina. The type of dye tablet to be used under these provisions shall
be specified by the Harbor Master on an annual basis.
The owner and operator of every boatyard or marine service yard which
provides berths for boats and the owner and operator of every yacht club,
marine service yard or any other property which provides at such club, yard
or property accommodations for berthing dinghies or other tenders for boats
equipped with toilets, moored or operated in village waterways, shall maintain
suitable toilet facilities on shore for the accommodation of the users of
said boats and shall post a sign clearly visible to the users of said boats,
reading in substance as follows: "The local law governing the use of the harbor
and waterways of the Village of Tarrytown and the Clean Water Act, 33 U.S.C.
§§ 1251-1376, prohibit discharging contents of boats into the
Hudson River within a 1,500-foot distance of the shoreline. The owner and
person in charge of each offending boat is liable for the penalty prescribed."
Any boat which becomes a menace to navigation or unsailworthy or which
sinks, grounds or otherwise becomes disabled shall either be removed from
the village waterways or moved to an area where the boat shall not be a menace
to navigation as determined by the Harbor Master. Except in an emergency,
the owner or person in charge thereof shall be given notice by the Village
of Tarrytown, and such actions shall be taken by the owner or person in charge
thereof upon order of the enforcement authorities. If such boat is not removed
or moved after an order to do so or in an emergency where the boat becomes
a menace to navigation, it may be removed or moved by or at the direction
of the enforcement authorities at the expense of the owner or person in charge
of said boat.
No boat shall be operated within a two-hundred-foot distance of the
shoreline at a speed exceeding five statute miles per hour. No boat shall
be operated from a distance of 200 feet from the shoreline to a distance of
1,000 feet from the shoreline at a speed exceeding 25 statute miles per hour.
Boats operated by police, emergency officials or federal enforcement officials
in the line of duty or under emergency circumstances shall not be subject
to this section.
Sections 41, 42 and 43 of the Navigation Law of the State of New York
are hereby adopted by the Village of Tarrytown and incorporated herein by
reference and made applicable hereto.
The enforcing authority of this chapter as set out in §
93-10E shall be the Harbor Master of the Village of Tarrytown. In the absence of the Harbor Master, the Police Department of the Village of Tarrytown and duly authorized representatives thereof shall have the authority to enforce the provisions of §
93-10E.
The Harbor Master shall be appointed by the Board of Trustees and shall
serve for a term of two years. He shall:
A. Enforce the provisions of this chapter.
B. Investigate all complaints regarding boating activities
in the village waterways. All such complaints shall be directed to the Harbor
Master.
C. Establish anchorages within the village waterways pursuant to §
93-7A and
D of this chapter.
D. Issue live-aboard permits, pursuant to §
93-10 of this chapter.
It shall be the responsibility of each boating facility (club) located
within the Village of Tarrytown or the village waterways to provide the Harbor
Master with a list of boats to be moored at the facility, the owner of the
boat and the registration/documentation number of the boat. The list shall
be provided to the Harbor Master no later than June 1 of each year.
Upon the decision of the Harbor Master, pursuant to §
93-7B and
C or §
93-9, to rescind a launch permit or to prohibit launching, the affected party may appeal, in writing, to the Tarrytown Waterways Appeals Board. An affected party may also appeal, in writing, a decision regarding mooring and anchoring to the Tarrytown Waterways Appeals Board. The membership of the Appeals Board shall be the Village Administrator, the Chief of Police and one member from each of the boat clubs, and the same may be granted or denied by the Tarrytown Waterways Appeals Board. The written appeal shall provide the reasons why the affected party believes the appeal shall be granted. The Appeals Board shall have two weeks to render a decision regarding the appeal. A tie vote shall be considered a denial of the appeal.
An offense against any of the provisions of this chapter shall be a
violation and shall be punishable as follows:
A. For a first conviction of a person for any offense hereunder,
a fine of not less than $100.
B. For a second or subsequent conviction of a person, a
fine of $250.