Village of Laurel Hollow, NY Chapter 140 Waterways

[HISTORY: Adopted by the Board of Trustees of the Village of Laurel Hollow 7-2-1990 by L.L. No. 3-1990.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Public attire; bathing suits — See Ch. 95.

Zoning — See Ch. 145.

[1] Editor's Note: This local law also repealed former Ch. 140, Waterways, adopted as follows: Art. I, 8-16-1960 by Ord. No. XVIII of the General Ordinances, amended in its entirety 6-18-1963; Art. II, 8-16-1960 by Ord. No. XI of the General Ordinances, as amended.

§ 140-1 Findings; purpose and intent.

A. Water sports and the operation of vessels in the waters of the Village are matters affecting the public interest and consequently should be subject to the supervision and administrative control of the Village.

B. The purpose of this chapter is to safeguard the public by securing the safety and good order of the waters bounding the Village preserving their natural beauty and protecting them from pollution. It is also intended to protect all public and private shorelines and waterfronts from erosion, physical damage, excessive noise and similar nuisances.

§ 140-2 Applicability.

The rules and regulations contained in this chapter shall, except when prohibited by the laws of the United States or the state, apply to all waters or waterways bounding and adjacent to the Village to a distance of 1,500 feet from shore.

§ 140-3 Promulgation of rules and regulations.

Harbor Rules & Regulations

The Harbor Rules & Regulations adopted by the Board of Trustees can be found here.

2016-07-20

The Village Board is hereby granted the power to promulgate reasonable rules and regulations, from time to time, as it may determine for the administration and enforcement of this chapter.

§ 140-4 Compliance with state and federal laws required.

All vessels operating within the waters of the Village shall comply with all applicable laws, rules and regulations of the state and federal governments.

§ 140-5 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANCHOR

To attach a vessel to the ground by means of tackle so designed that, when the attachment is terminated, the tackle in its entirety is removed from the ground and taken under the control of the vessel; the device and tackle used for anchoring.

DINGHY

A small boat that can be carried by one person and stored on land when not in use. Tenders and sailboards that meet these requirements are considered to be "dinghies."

DINGHY RACK

The storage facility for dinghies that is provided by the Village for the use of Village residents.

ENFORCING OFFICERS

The Harbor Master or any Nassau County, Suffolk County or Laurel Hollow police officer.

FLOATS or PIERS

Structures which extend seaward of the high tide line on or above the water to provide access to boats, or for fishing or swimming.

HARBOR MASTER

The Harbor Master of the Village of Laurel Hollow.

HOLDING TANK

Any container capable of storing sewage until such time as the contents can be disposed of in accordance with New York State and federal regulations.

MOOR

To attach a vessel to a pier or dock or other structure or to the ground by means of tackle so designed that, when the attachment is terminated, some portion of the tackle remains behind and is not taken under the control of the vessel.

MOORING

The device and tackle used to moor to the ground.

OWNER

Includes the person under whose name the vessel was last registered in accordance with the provisions of the Federal Boating Act of 1958 or the laws of the State of New York. In any other case, the last known owner or the person who claims lawful possession of the vessel by virtue of legal title or equitable interest.

PERSON

Any individual, firm, partnership, corporation, company, association or organization.

RULES AND REGULATIONS

The rules and regulations promulgated by the Village Board for the administration and enforcement of this chapter.

SKIN DIVING

Includes diving by use of underwater breathing apparatus, but does not include bona fide salvage operations displaying proper signals.

VESSEL

Includes all floating craft, except those dinghies which are actually stored on land.

VILLAGE BOARD

Includes the Board of Trustees of the Village of Laurel Hollow.

VILLAGE PIER

The pier at the south end of the Village beach which is provided by the Village for the benefit of Village residents.

VILLAGE WATERS

The areas defined by § 140-2.

§ 140-6 Duties of Harbor Master.

A. A Harbor Master shall be appointed by the Village Board to serve at the pleasure of the Board.

B. The Harbor Master shall:

(1) Enforce all provisions of this chapter, and all rules and regulations promulgated hereunder for all moorings placed in Village waters. The rules and regulations shall cover, but not be limited to: the size and weight of mooring anchors; size and weight of mooring chains, pennants and hardware; size, colors and markings on buoys; locations and spacing of buoys; and frequency and type of mooring inspections. The Harbor Master shall also designate mooring inspectors acceptable to the Village and issue permits for moorings.

(2) Enforce rules and regulations governing the maximum permissible dinghy dimensions suitable for each dinghy rack space, issue permits for rack use and assign rack spaces to Village residents only.

(3) Enforce rules and regulations for the use of the Village pier governing permissible tie-up time, maximum size or type of vessels that may tie up and permissible uses that may be made of the Village pier.

(4) Cause to be installed buoys, appropriately worded signs and other markers, provided that necessary approvals are obtained from the United States Coast Guard and the State of New York.

§ 140-7 Docking, anchoring, mooring and sanitation.

Application for Mooring Permit

The Application for Mooring Permit can be found here, and the instructions can be found here.

2016-07-20

A. No vessel shall be tied up or made fast to the Village pier or float or to property of the Village for a continuing period in excess of 10 minutes.

B. No person shall anchor any vessel within 150 feet of the mean low waterlines or within 250 feet of the ropes defining the Village beach, unless:

(1) Such vessel is compelled to anchor owing to temporary disability or emergency and then only during the period of its temporary disability or emergency.

(2) Such vessel is a cabinless boat not in excess of 15 feet overall, without toilet facilities, and is occupied and temporarily anchored.

C. No person shall occupy a mooring within 1,500 feet of the shore, unless:

(1) The vessel is compelled to moor owing to temporary disability or emergency and then only during the period of its temporary disability or emergency.

(2) The owner of the vessel has obtained permission to moor from the Harbor Master, and then only at one location and during the period stated in the written permit.

(3) The vessel, if equipped with either a marine toilet or with one or more bunks or berths, is equipped with an approved marine holding tank.

D. No person shall dump, discharge or place any oil, garbage, sewage, waste or refuse matter of any kind into any Village waters.

E. No person shall at any time anchor and leave unattended any vessel within 200 feet of a mooring whether or not the mooring is occupied. Vessels which, despite meeting this provision, appear to be in danger of colliding with a moored vessel shall be moved immediately.

F. No person shall at any time tie, attach, raft or secure in any manner one vessel to another vessel which is anchored, moored or rafted, unless such vessel:

(1) Is compelled to secure due to temporary disability or emergency and then only during the period of its temporary disability or emergency.

(2) Is rafted with the consent of the other vessel. Such a raft must be broken if either vessel is left unattended, unless the Harbor Master confirms that the mooring is adequate for the combined effect of two or more vessels.

§ 140-8 Removal of hazards to navigation.

Any vessel, dinghy, mooring or other object, which sinks or otherwise becomes a menace to navigation, shall be removed by the owner on order of an enforcing officer. If it is not removed after such an order, it may be removed by or at the direction of the enforcing officer, at the expense of the owner.

§ 140-9 Operation of vessels.

A. No person shall operate any vessel upon the waters bordering the Village to a distance of 1,500 feet of the shoreline at a speed greater than five miles per hour.

[Amended 5-15-2000 by L.L. No. 3-2000]

B. No person shall operate a vessel propelled wholly or partly by an engine operated by gasoline, diesel fuel or other substance without having the exhaust from the engine run through a muffler so as to muffle the noise of exhaust in a reasonable manner.

C. No vessel shall be operated in a manner, including, without limitation, the throwing of its wake, so as to disturb or endanger the property, life or limb of any person or to interfere with the intended uses of Village waters.

D. No person shall operate any vessel while in an intoxicated or drug-impaired condition. For purposes of this subsection, the definition of operating a vessel while intoxicated or drug-impaired shall be as set forth in the Navigation Law of the State of New York.

§ 140-10 Commercial operation.

A. General.

(1) No person shall operate, moor or anchor any vessel in connection with any business operated for profit, except as specifically permitted by the Village Building Zone Ordinance[1] and except vessels engaged in the cultivation and harvesting of shellfish, within Village waters without having first obtained a written permit from the Village Board.

[1] Editor's Note: See Ch. 145, Zoning.

(2) Permit applications shall contain a complete statement of the proposed operation and the nature and extent of the business, including, without limitation, duration of the stay, location, dates and hours of operation of the vessels and personnel involved. A fee of not less than $100 nor more than $1,000 in an amount to be prescribed by the Mayor of the Village, shall be paid to the Village by the applicant at the time of the submission of the application.

(3) Upon receipt of any such application, the Village Board may, in its discretion, call a hearing open to the public. The Village Board may grant a permit, if it finds that the proposed business operation is consistent with the requirements and intent of this chapter and all other applicable ordinances, and has no deleterious effect on the Village or its residents. If the Village Board grants such permit, it shall state therein such restriction and conditions, including time limits and duration of the stay, and extent and area of operation.

B. Excursion vessels.

(1) No vessel for public hire shall land or depart nor shall any passengers embark or disembark from any dock, pier, float or beach within the Village without first having obtained written permission from the Village Board.

(2) Passengers may only land at a dock, pier or float which is firmly and securely built or properly moored.

(3) Any permission granted for such landing will expire in one (1) year, unless a shorter period is specified by the Village Board.

§ 140-11 Permits for aquatic events.

Nothing herein contained shall prohibit the Board of Trustees from issuing special permits for aquatic events, boat races or otherwise under proper supervision in limited areas for limited periods, after prior approval of the United States Coast Guard.

§ 140-12 Skin diving and water skiing.

A. No person shall skin-dive or water-ski in any waters where it may interfere with reasonable and proper operation of vessels.

B. No person, whether skin diving or not, may discharge any spear, speargun or similar weapon or apparatus within 200 feet of any beach used for bathing or swimming or within 200 feet of any bather or swimmer.

C. No person shall skin-dive or water-ski unless there is a person of at least 16 years of age in position as lookout.

§ 140-13 Enforcement.

The Harbor Master and the Police Departments of the Village of Laurel Hollow, Nassau County and Suffolk County are hereby empowered to enforce the provisions of this chapter, and every person in charge of a vessel navigating or using the waterways of the Village shall at all times obey the lawful orders of such enforcing officers. Such enforcing officers shall have the right to stop any vessel navigating or using the waterways of the Village for the purpose of enforcing this chapter.

§ 140-14 Penalties for offenses.

A. Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.

[Amended 9-14-2006 by L.L. No. 4-2006]

B. The Board of Trustees may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance or to restrain by injunction the violation of this chapter.