[HISTORY: Adopted by the Board of Trustees of the Village of Greenport 5-16-1996 by L.L. No. 3-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Recreation areas and beaches — See Ch. 101.
ATTACHMENTS
Attachment 1 - Appendix A: Dock and Mooring Rules and Regulations
As used in this chapter, the following terms shall have the meanings indicated:
PERMANENT MOORING
The securing of a boat on a seasonal or annual basis by means of securing the vessel to a fixed anchor placed on the harbor bottom.
TEMPORARY ANCHORING
The securing of a boat to an anchor placed on the harbor bottom and which anchor is otherwise carried aboard the boat.
The provisions of this chapter shall apply to all the docks and waters within the Village of Greenport and to all waters bounding the Village of Greenport for a distance of 1,500 feet from the shore.
The dumping of oil refuse, garbage, sewage or waste is prohibited. Sanitary equipment must meet the applicable standards established by the appropriate federal and state agencies.
A. 
Any boat or barge which becomes a menace to navigation or sinks, grounds or otherwise becomes disabled or incapable of navigation shall be removed or restored to navigable condition by the owner upon written notice from the Village Board or its designated agent, which notice shall be delivered by personal service or by registered mail addressed to the registered owner's last known address as given by him or as stated in his certificate of registration.
B. 
If such boat is not removed or restored to navigable condition by the owner within one week after the mailing of the notice, the Village Board or its designated agent may direct the removal or destruction of the boat, and the cost of removal, including storage charges, shall attach to and shall become a lien upon the boat and be chargeable against the owner of the boat. The boat may be sold upon direction of the court at a public auction to defray expenses, and any surplus shall be returned to the owner of record. The village shall not be liable for any damage done to the boat during its removal, storage and sale.
C. 
Unattended vessels shall not be moored or anchored in village waters overnight without registering the vessel with the Harbormaster. Vessels moored or anchored overnight without registering with the Harbormaster may be impounded. The owner shall be liable for payment of the overnight fees, if applicable, along with expenses for storage. The village shall not be liable for damage done to impounded vessels during their removal and storage.
No person shall operate a boat other than a boat propelled by hand within 200 feet of any lifelines or bathing float, or within 200 feet of any public or semipublic beach regularly used for bathing or swimming, except that such boat may approach or depart perpendicularly to such beach at less than five miles per hour solely for the purpose of commencing or ending the ride.
A. 
No person shall operate a boat while towing a person on water skis, a surfboard or similar device unless there is in the boat a person other than the operator who is at least 10 years of age and who is observing the person being towed.
B. 
No person shall ride on water skis, a surfboard or similar device or use or operate a boat to tow a person thereon during the period from one hour after sunset to one hour after sunrise.
C. 
No person shall ride on water skis, a surfboard or similar device or use or operate a boat to tow a person thereon within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather. Nor shall any person engaged in such activities come within 300 feet of the shoreline unless such person approaches or departs perpendicularly to the shoreline and solely for the purpose of commencing or ending the ride.
A. 
Every person operating a boat shall at all times operate the same in a careful and prudent manner and at a rate of speed so as not to unreasonably interfere with the free and proper use of the waters or unreasonably endanger any person or property.
[Amended 11-19-1998 by L.L. No. 10-1998]
B. 
Except where a situation exists that requires lower speed for compliance with Subsection A of this section, the maximum lawful speed in Sterling Harbor shall be five miles per hour and the maximum lawful speed within Shelter Island Sound (known as Greenport Harbor) shall be five miles per hour. For the purposes of this subsection, Shelter Island Sound extends from the outboard end of the Greenport jetty and extends west to Fanning Point for a distance of 1,500 feet from shore. Ferry boats, using established inland waterway routes, and sailboats under sail shall be exempt from this subsection.
[Amended 11-19-1998 by L.L. No. 10-1998]
C. 
The Village Board may, by resolution, limit the speed of boats in any waters to which this Article applies and cause notice of such speed limit to be posted at appropriate places in the areas affected. Any person who shall operate a boat in such areas at a greater speed than the speed specified in such notice shall be deemed to have violated this Article.
D. 
No person shall operate any vessel at any time in the waters within the jurisdiction of Greenport at a speed greater than five miles per hour one hour after sunset to one hour before sunrise. Ferry boats, using established inland waterway routes, and sailboats under sail shall be exempt from this subsection.
[Amended 11-19-1998 by L.L. No. 10-1998]
[Amended 11-19-1998 by L.L. No. 10-1998]
No person shall operate a vessel in a manner so as to cause the creation of a wake in Sterling Harbor and in Shelter Island Sound. Ferry boats, using established inland waterway routes, and sailboats under sail shall be exempt. For the purpose of this section, Shelter Island Sound is defined in § 48-7.
The cleaning of boats below the waterline is prohibited in the waters of Sterling Harbor. Sandblasting, power sanding and painting of vessels anchored, moored or docked in the waters of Sterling Harbor is prohibited.
A. 
All pleasure vessels and uninspected commercial vessels shall be equipped and lighted while under way or at anchor with any person aboard, as required under the Federal Boat Safety Act of 1971, as amended, and the regulations adopted pursuant thereto and contained in Title 46 of the Code of Federal Rules, Subchapter C, Parts 24, 25 and 26, and pursuant to the provisions of § 40 of the Navigation Law of the State of New York. Failure to comply with the equipment and lighting requirements as set forth above shall be a violation of this chapter.
B. 
The provisions of this section shall not apply to vessels competing in duly authorized regattas and trials preceding such regattas.
A. 
No person under the age of 16 years shall operate a mechanically propelled vessel, nor shall the owner or a person responsible for a vessel allow or permit the operation of a vessel by a person under the age of 16 years, unless:
(1) 
The operator, who is under the age of 16 years, is accompanied therein by a person who is 16 years of age or older; or
(2) 
The operator is 10 years of age or older and has been issued a boating safety certificate by the Commissioner of the Office of Parks and Recreation of the State of New York, pursuant to § 78 of the New York State Navigation Law.
B. 
The failure of a person specified in Subsection A(2) hereof to exhibit a boating safety certificate upon demand to any peace officer or other officer having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate.
C. 
No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by use of a drug.
All vessels operating in the waters of the Village of Greenport are to observe the Inland Rules of the Road and the New York State Pilot Rules, § 41 of the New York State Navigation Law.
Nothing herein contained shall prohibit the Village Board from issuing permits for marine events, boat races or otherwise under proper supervision in limited areas for limited periods after approval of the Village Board and the United States Coast Guard, if appropriate.
No person shall operate a boat propelled wholly or partly by an engine operated by the explosion of gas, oil, gasoline, naphtha or other substance without having the exhaust from the engine run through a muffling device so constructed and used as to muffle the noise of the exhaust in a reasonable manner.
A. 
No boat shall be so moored or anchored that it at any time rests within any channel or freeway or interferes with the full use of such channel or freeway, nor shall any boat be moored or anchored within 50 feet of any dock, pier or other boat docking or launching facilities.
B. 
It shall be unlawful for any person to use for an unreasonable period of time to the exclusion of others or to restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Village of Greenport.
C. 
No person shall place a mooring in the territorial waters of the Village of Greenport without first obtaining a permit from the Harbormaster.
A. 
It is hereby determined that the existing docks, piers wharves and moorings of the Village of Greenport are hereby established as improvements.
B. 
All fastenings to any docks, piers, wharves and moorings of the Village of Greenport shall be in a seamanlike manner as may be determined by the Harbormaster and/or his deputy.
C. 
No motor vehicle shall be allowed upon the Railroad Dock except with a dock permit issued for the docking of a boat at the Railroad Dock, which dock permit shall be displayed and visible at all times such motor vehicle is on the dock.
D. 
No person shall be permitted upon the Railroad Dock between the hours of 12:00 midnight and 5:00 a.m. unless that person holds a permit to dock a boat at the Railroad Dock or is employed by such a permit holder.
A. 
No person shall moor or secure a boat at a beach, dock, pier, wharf or mooring located in Greenport Harbor, Sterling Basin or on any public land or improvements or at the end of any village street without first obtaining a permit therefor from the Greenport Harbormaster.
B. 
The Harbormaster is hereby authorized to issue one dock permit for the docking or mooring of boats to the foresaid docks, piers, wharves and moorings in Greenport Harbor and Sterling Basin. There shall be only one permit issued per boat. Each permit issued with regard to the Railroad Dock shall entitle the holder thereof to drive one designated motor vehicle upon the Railroad Dock.
[Amended 12-22-2014 by L.L. No. 1-2015]
C. 
There shall be a fee for a permit in an amount the Village Board may establish from time to time by resolution.[1]
[1]
Editor's Note: See Ch. A156, Fees.
D. 
The application form shall include, in addition to the general information specified in the license law and information required by the Village Clerk, the following:
(1) 
A description of the boat.
(2) 
The documentation number or license number of the vessel.
(3) 
The address of the owner and home port of the vessel.
(4) 
The name and address of the captain of the vessel.
(5) 
Proof of insurance; hold harmless and indemnification.
[Amended 12-22-2014 by L.L. No. 1-2015]
(a) 
For the Railroad Dock, proof of insurance in the form of an original certificate of insurance naming the Village of Greenport as additional insured for not less than the following amounts and types:
[1] 
Maritime liability insurance, including contractual liability coverage, in an amount not less than $1,000,000 per occurrence and $2,000,000 for the annual aggregate amount for bodily injury and property damage and other general liability.
[2] 
Proof of automobile liability insurance satisfactory to the Village.
[3] 
Workers' compensation and employer's liability insurance for all contractors performing services for the vessel in compliance with all applicable New York State laws and regulations and disability benefits insurance, if required by law.
[4] 
Proof of hull insurance satisfactory to the Village.
[5] 
Water pollution discharge insurance.
(b) 
Owners of boats and vessels using a Village of Greenport mooring or dockage shall execute a hold harmless and indemnification agreement in favor of the Village of Greenport either as part of the mooring or dockage agreement or in a separate agreement, as required by the Village, and provide the Village of Greenport with proof of liability insurance of an amount of not less than $300,000 naming the Village of Greenport as additional insured.
(6) 
Current Coast Guard safety certification number.
[Added 12-22-2014 by L.L. No. 1-2015]
Every vessel using a Village of Greenport dock or mooring facility requiring a Coast Guard safety certificate shall provide the current Coast Guard safety certification number of the vessel to the Village of Greenport.
E. 
Each permit shall be valid for a period of one year from the date of insurance thereof. Such permit shall be nonassignable.
No person shall dock, moor, anchor, beach or place any boat on any public lands or improvements at the end of any public street in the Village of Greenport without a permit. The cost of the permit will be at the prevailing rates established for similar accommodation in Sterling Harbor.
A. 
No boat shall be so moored or anchored that it at any time rests within any channel or freeway or interferes with the full use of such channel or freeway, nor shall any boat be moored or anchored within 50 feet of any dock, pier or other boat docking or launching facilities.
B. 
It shall be unlawful for any person to use for an unreasonable period of time to the exclusion of others or to restrict or obstruct the use of any public bulkhead, dock or landing owned or controlled by the Village of Greenport.
C. 
No person shall place a mooring in the territorial waters of the Village of Greenport without first obtaining a permit from the Harbormaster.
A. 
Failure to comply with the permit application requirements or failure to abide by the rules and regulations of the docks as hereinafter specified shall result in an immediate revocation of said permit by the Harbormaster and/or his deputy.
B. 
In the event of such revocation, the former permit holder shall immediately remove his vessel from the dock, wharf or mooring. Said vessel shall not be attached to any dock, wharf or mooring within the jurisdiction of the Village of Greenport until such time as a new permit has been issued or a hearing has been held on the revocation.
C. 
In the event of such revocation, the former permit holder may appeal to the Village Dock Committee, which shall hold a hearing as soon as practicable after filing of the appeal, but in no event later than two weeks after filing of said appeal for review of said revocation of the permit. A decision by the Village Dock Committee shall be made no later than one week after the close of the hearing.
D. 
In the event of an adverse finding by the Village Dock Committee to the permit holder, said permit holder may appeal the decision to the Village Board of Trustees. The Board of Trustees shall hold a hearing as soon as practicable after filing of the appeal, but in no event later than two weeks after filing of said appeal for review of said revocation of the permit. The Village Board of Trustees shall render a decision no later than one week after the close of the hearing before it.
The Village Board may establish by resolution rules and regulations for the operation of the docks and moorings under its jurisdiction. Such rules shall be posted at the Village Hall and at the dock located at the end of the Long Island Railroad property, colloquially known as the "Railroad Dock." These rules may be amended from time to time and shall be an appendix to this chapter.
In addition to or as may be limited by the laws of the State of New York, a violation of any provision of this chapter shall be punishable by not more than 15 days incarceration and/or a fine of $250 for each violation. Each day of violation shall be deemed a new violation and shall be treated accordingly.