[HISTORY: Adopted by the Board of Trustees of the Village of Tarrytown 4-21-1992 by L.L. No. 2-1992. (Note: This local law superseded former Ch. 93, Boats and Boating, adopted 2-21-1989 by L.L. No. 3-1989 and amended in its entirety 1-17-1990 by L.L. No. 1-1990, as amended.) Amendments noted where applicable.]
Lakes and waterways — See Ch. 201.
The general purpose of this chapter is to keep the village waterways and navigable waters in a sanitary and safe condition.
The Board of Trustees of the Village of Tarrytown hereby finds and declares that the use of boats for residential purposes on village waterways is an activity which the Board of Trustees should regulate for environmental, social and safety reasons.
The Board of Trustees recognizes the right of residents and others who use village waters for recreational and commercial purposes to enjoy clean and freely navigable waters. The discharge of sewage, treated or otherwise, may adversely affect the quality of village waterways. Secondly indiscriminate location of boats used for residential purposes may constitute a hazard to navigation. Thirdly, there is concern for the fire safety of boats used for residential purposes located in close proximity of each other and accessibility by emergency vehicles to waterfront lots.
In view of the foregoing, it is necessary for the Board of Trustees to enact this chapter to preserve and ensure the public health and quality of the waters as well as public safety and welfare.
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.
- 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.
- The period between April 15 and October 15 of a given year.
- 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]
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.
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.
Seasonal moorings and anchorages. All seasonal moorings shall be secured to a dock, pier or wharf. All free-floating mooring devices must be approved by the Board of Trustees prior to their use. Anchoring is allowed only in anchorage areas designated by the Harbor Master.
Temporary moorings and anchorages. Temporary moorings and anchorings shall be for 48 hours or less. The owner or person in control of the boat shall be responsible for its own moorings and anchorage.
No person shall moor a boat to any village property not established for the mooring of boats.
Application for exceptions to Subsections B and C above shall be in writing and shall be submitted to the Harbor Master at least two weeks prior to the date for which the exception is requested. The Harbor Master shall have the right to approve or deny an application. The applicant shall have the right to appeal the decision of the Harbor Master, subject to the requirements of § 93-15.
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 launching permit shall be valid for a period of one season.
No permit holder shall allow his or her permit to be used by any other person or for the launching of any other boat other than the boat described in the application.
No person shall copy or reproduce any boat launching permit.
Except as hereinafter provided, no person shall live aboard a boat anchored or moored in village waterways for more than 72 consecutive hours.
A marina owner or operator shall notify the village, on an immediate basis, when there is reasonable grounds to believe that a vessel is to be used or occupied for living quarters or sleeping quarters for more than 72 consecutive hours when moored or anchored in village waterways. Failure to notify pursuant to this section shall be considered a violation hereof.
During the period from April 15 through October 15, a boat may be occupied as living quarters, provided that:
The boat is of a type typically used for recreational boating and is suitable for general navigation on the Hudson River under its own propulsion and is capable of leaving its slip or mooring and proceeding unassisted at any time during daylight hours and normal tidal levels or current flows.
The boat is equipped with a marine toilet, in operating condition, approved by the Department of Environmental Conservation of the State of New York and bearing Coast Guard approval.
During the period from October 16 through April 14, a boat may be occupied as living quarters, provided that any boat used or occupied for living quarters or sleeping quarters, when moored or anchored in village waterways more than 72 consecutive hours, must be inspected by the Harbor Master. The Harbor Master shall issue a permit if he determines that the following requirements have been satisfied by the applicant for said permit:
Compliance with the maximum capacity regulations of the New York State Navigation Law.
The boat is a type capable of navigating by itself for recreational boating and is suitable for general navigation on the Hudson River under its own propulsion and capable of leaving its anchorage, slip and mooring and proceeding unassisted at any time during daylight hours and normal tidal levels and current flows.
The boat is equipped with a marine toilet, in operating condition, approved by the Department of Environmental Conservation of the State of New York, the United States Coast Guard and any other applicable federal, state or local regulatory authority, law or regulation.
Docking facilities being utilized are fully accessible by land to the Village of Tarrytown Police Department and the Fire Department.
Fresh water is available to said vessel, all in accordance with plans approved by the Village of Tarrytown.
Electric current is available to said vessel in accordance with the issuance of a certificate by the New York State Board of Fire Underwriters.
There is a permanent installation from said vessel to the Village of Tarrytown sewer system or an approved land-based septic system to which every boat has access. Records of use of the land-based septic system, during the period from October 16 through April 14, shall be submitted to the Village by the person(s) living aboard a boat on the following dates: November 15, December 15, January 15, February 15, March 15 and April 14. Boats shall have bypass or direct discharge valves made inoperative in the closed position. The means by which the discharge valves shall be made inoperative shall be approved by the Harbor Master. Vessels with a Type I or Type II marine toilet, in operating condition, approved by the Department of Environmental Conservation of the State of New York, the United States Coast Guard and any other applicable federal, state or local regulatory authority, law or regulation shall be exempt from this requirement.
Service termination for freshwater and sewage shall be equipped with check valves to prevent reverse flows in connection with the respective installations. In addition, all discharge pumps, otherwise known as ejectors, shall at all times be located on the land and not located on the vessel.
The Harbor Master shall act with either permission of the vessel owner or based upon probable cause that a violation of this chapter, the Code of the Village of Tarrytown, and all laws referenced herein have been violated.
During the period from October 16 through April 14, the maximum number of slips available for live-aboard purposes shall be limited to 5% of the total slips available at a marina but shall in no event exceed 10.
Live-aboard fee. There shall be an annual fee per boat that approximates the per capita cost of the Village of Tarrytown general fund budget less the total revenues and surplus multiplied by two. The live-aboard fee herein imposed is $1,100 per boat for boats used for live-aboard purposes during the period from October 16 through April 14. This fee shall be modified on an annual basis by resolution of the Board of Trustees.
Editor's Note: The current fee resolution is on file in the office of the Village Clerk.
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:
Enforce the provisions of this chapter.
Investigate all complaints regarding boating activities in the village waterways. All such complaints shall be directed to the Harbor Master.
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.