[Adopted 12-13-2001 by L.L. No. 1-2001]
This article shall be known as and may be cited as the "Port Jefferson
Harbor Complex Waterway Law."
For the purpose of this article, 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 §
176-5 of this article 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 §
176-5 of this article and depicted on the Surface Water Use Chart designated for the mooring of barges.
BEACHING
The act of driving or pulling a vessel on to the shoreline.
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 §
176-5 of this article 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 §
176-5 of this article and depicted on the Surface Water Use Chart.
HOMEOWNERS/BEACH ASSOCIATION
An association of homeowners who own waterfront property within the
Port Jefferson Harbor Complex that is owned, in common, by the members.
MOOR
The act of securing a vessel in or upon the water by attaching a
vessel to the ground or lands under water by means of a mooring.
MOORING
A semipermanent 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 article.
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.
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
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."
RAFTING
The attachment of two or more vessels together to an anchor or mooring.
RESIDENT
Any person who has his principal place of abode and domicile and
or any person who owns real property within the Villages of Belle Terre, Old
Field, Poquott, or Port Jefferson.
SHELLFISH PROTECTION AREA
An area designated for the protection of shellfish resources, as described in §
176-5 of this article 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.
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 alterniflora).
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 residentially zoned property that includes or adjoins
mean high water and is thus entitled to riparian or littoral access.
WATER SKIING
The towing of a person or persons on water skis, kneeboard, wakeboard,
tube, or other similar device by a line attached to a vessel.
[Amended 5-27-2004 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, from its southern end to the area
described in § 74-6B-2 of the Code of the Town of Brookhaven as
indicated next;
(2) The area within the confines of the following points:
(a) Northern most point of the eastern jetty;
(b) Southern most point of the shoreline south of the eastern
jetty;
(c) Northern most point of the western jetty;
(d) Southern most point of the shoreline south of the western
jetty.
(7) The Narrows, from the western end of Conscience Bay Narrows
Access Lane to Conscience Bay;
(8) The waters within 100 feet of:
(c) A swimming area or swimmer;
(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. Exemptions.
(1) Commercial vessels, as defined under this article, shall
adhere to all speed limits as set forth in this article except 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 insure adequate and safe piloting; and
(b) That 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 operate at a maximum speed of up to 30 miles per hour, provided such vessel
is actually engaged in waterskiing as defined under this article.
In accordance with the Town of Brookhaven Port Jefferson Harbor Complex
Waterway Law, 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.
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 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.
Applicability. The requirements and the prohibitions of this article
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.