[Adopted 5-3-1989 by L.L. No. 2-1989]
A. 
The Town Board of the Town of Westfield hereby declares the waters of Barcelona Harbor and public facilities incident thereto to be irreplaceable valuable public resources which should be protected and enhanced, and the Town Board seeks to protect and enhance these resources by means of this article.
B. 
The further purpose of this article shall be to protect the safety, health and welfare of persons using the harbor area and public facilities incident thereto by establishing standards for the safe operation of equipment, reasonable regulation and restriction of certain activities and providing enforcement thereof by establishing penalties for violations thereof.
A. 
The following terms, when used in this article, unless otherwise expressly stated or unless the context of the language or subject matter indicates that a different meaning or application was intended, shall be deemed to mean and include:
AIDS TO NAVIGATION
Buoys, beacons or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.
BARCELONA HARBOR COMMISSION
Volunteer group of nine citizens appointed by the Town Board to advise the Town Board on matters relating to the harbor area.
BREAKWALL
A structure designed for providing protection from wind and wave action.
FLOATING OBJECTS
Any anchored marker or platform, whether floating on the surface of the water or under the surface, other than aids to navigation, and shall include but not be limited to speed zone markers, mooring buoys and fishing buoys.
HARBOR AREA
The area to which this article applies and which is hereby designated as "Barcelona Harbor" and defined as follows: Commencing at the west point of the intersection of the westerly breakwall at Barcelona with Barcelona Point; thence northeasterly along said westerly breakwall to the end of said breakwall; thence north 8°, 38 minutes west, a distance of 200 feet; thence north 81°, 52 minutes east, a distance of 150 feet; thence south 8°, 38 minutes east to the northerly point of the easterly breakwall; thence in a southeasterly direction along the easterly breakwall to the southeast corner of said breakwall; thence south 8°, 38 minutes east to the shoreline; thence along said shoreline in a southwesterly direction and northerly direction to the point or place of beginning.
HARBORMASTER
The person appointed by the Town Board and empowered to enforce the provisions of this article.
OPERATOR
An individual who operates or navigates a vessel.
OWNER
The person actually holding title to a vessel, including a person who charters a vessel for more than 30 days.
PIER
The public pier in Barcelona Harbor, commonly known as the "Dan Reed Pier," including its access from New York Route 5 and exterior mooring surfaces.
STATE
The State of New York, its departments and agencies.
TOWN
Town of Westfield, New York.
VESSEL
Any waterborne craft, including but not limited to:
(1) 
CHARTER VESSEL- Any vessel carrying passengers for hire.
(2) 
COMMERCIAL VESSEL- Any vessel used principally for recreational purposes.
(3) 
PLEASURE VESSEL- All other vessels not covered by Subsection (1) or (2) hereof.
WHARF
Any structure built or maintained for the purpose of providing a berthing place for vessels, excluding the pier.
B. 
Word usage. Whenever a masculine gender pronoun is used, it shall also be deemed to include the feminine gender pronoun.
A. 
No vehicle weighing over five tons gross weight shall be allowed on the pier, except authorized service vehicles. Towing vehicle and boat with trailer are considered to be two vehicles.
B. 
The speed limit on the pier shall be 10 miles per hour.
C. 
Parking on the pier shall be as follows:
(1) 
Vehicles with trailers shall park in designated spaces with the towing vehicle attached to the trailer. Motor homes over 20 feet in length shall be considered as vehicles with trailers and shall only park in such designated spaces.
(2) 
Vehicles without trailers shall park in designated spaces for same.
(3) 
The only vehicles permitted on the pier between the hours of midnight and 6:00 a.m. shall be official vehicles, vehicles (except motor homes) of active fisherman, vehicles (except motor homes) of persons launching, retrieving or gaining proper access to a vessel.
(4) 
Vehicles shall not park or stand except where specifically authorized.
D. 
The following are prohibited on the pier:
(1) 
Diving from the pier.
(2) 
Swimming off the pier.
(3) 
Overnight camping, including motor homes.
(4) 
Campfires.
(5) 
Excessive noise, including but not limited to any excessive volume of music from radios, stereos and tape players.
(6) 
Littering or dumping garbage, except in available containers therefor, but in no event shall anyone dump any garbage not generated as a direct result of using the pier.
(7) 
Throwing any object off the pier.
(8) 
Parking or standing vehicles or placing objects in a manner that prevents the full utilization of parking and recreational areas for parking and recreation by all.
E. 
Mooring.
(1) 
The northwesterly and northeasterly corners of the pier are primarily intended for use by fisherman. There shall be no vessels moored within 50 feet in any direction in the water of the northwesterly and northeasterly corners of the pier.
(2) 
All other regulation of mooring on the Dan Reed Pier and also including any finger pier, if any, shall be by resolution of the Town Board as may be passed from time to time, including but not limited to fees, passes, time limitations, overnight use and netting bait.[1]
[1]
Editor's Note: Former Subsection F, dealing with penalties for violation of this section, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 121-12.
This section shall apply to all vessels operated within the area defined as "Barcelona Harbor."
A. 
No vessel shall be operated within Barcelona Harbor at a rate of speed in excess of five miles per hour. Regardless of the speed of a vessel, the owner and operator of the vessel shall be responsible for any and all damage created by the wake of the vessel he is operating.
B. 
Vessels entering the harbor shall have the right-of-way over vessels exiting the harbor area.
C. 
No person shall operate a boat in a reckless manner or at an excessive rate of speed or so loaded so as to endanger or be likely to endanger the life or property of any persons, having due regard for the presence of other boats or persons, or other objects in or on a waterway or the shores, piers, docks, wharves, breakwalls adjacent thereto or to boats moored in such waterways or structures adjacent thereto, having due regard to the weather or other conditions existing at such time. Nor shall any boat owner or operator make U-turns or loiter in areas or lanes of heavy or congested traffic, actual or potential, as, for example, in or in the vicinity of the entrance channel or boat the launch area.
D. 
No person shall operate a boat with inboard or outboard motor, unless the same is equipped with an adequately muffled exhaust.
E. 
No person shall operate any siren, bell, whistle, horn or other noise-producing or amplifying device or instrument on a boat in such manner that the peace and good order of the area is disturbed, except for such use or operation as is practiced by federal laws or regulations for the safe operation of navigation of vessels.
F. 
No person using a boat shall use the searchlights or spotlights indiscriminately or in such a manner as to disturb the peace and good order of other boats or persons in the area.
G. 
No garbage, refuse or any other objects shall be deposited on or unto any waters under the jurisdiction of the Town of Westfield.
H. 
No fish parts or remains shall be left on the piers or placed in trash barrels or discarded in the waters of the harbor area.
I. 
No person shall swim off the breakwalls.
J. 
Trolling shall be prohibited in congested areas.[1]
[1]
Editor's Note: Former Subsection C, dealing with penalties for violation of this section, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
All provisions of this article shall apply with equal force and effect to the town's small boat launch located within the harbor areas.
B. 
No boats shall moor in the area of the boat launch facility.
C. 
Fees and collection procedures shall be as follows:
(1) 
Small boat launching shall be governed by resolution of the Town Board.
(2) 
Launch fees for residents and nonresidents and season passes shall be established by resolution of Town Board on recommendations by the Harbor Commission. If for any year the Town Board shall not specifically establish a fee, the fee shall be the same as charged in the year immediately prior to such year.
(3) 
Collection of the fees shall be conducted by the harbormaster or such other representative as may be designated by the Town Board.
A. 
Forfeiture of licenses and permits. Any person violating any provision of this article or any resolution or rule, regulation or order issued hereunder shall be deemed to forfeit any license, permit or permission issued hereunder as the case may be. Any person submitting a false statement on any application shall also forfeit his license or permit. No refund of any fee shall be made if a license or permit is forfeited.
B. 
Responsibility for damage. If any vessel causes any damage to the pier, finger pier and/or any wharf, breakwater, navigation aid or floating object in the harbor, the owner and/or the occupants of such vessel shall be responsible for any such damage. The Town Attorney is hereby authorized to utilize any remedies available under the law to ensure that such owner and/or occupant of such vessel is held liable for any such damage.
C. 
Abandoned vessels. Any vessel, not in an area of the harbor under the exclusive control of a private marina operator or other harbor littoral property owner, if left unattended or unclaimed for more than four days shall be considered abandoned. The harbormaster may direct that any such abandoned vessel be retrieved and stored in such a place so as not to constitute a danger or obstruction to the public's health, safety or welfare. The owner(s) of such vessel(s) shall be liable for all reasonable moving, relocation, storage and any other reasonable costs related to above action by the harbormaster. These costs are in addition to any other fines or penalties which may be imposed and not subject to limits set out in other provisions of this article. The Town of Westfield and any of its authorized representatives shall not be liable or responsible in any manner or degree for above mentioned action to remove such vessel by the harbormaster.
D. 
Enforcing agencies. This article shall be enforced by the designated Town of Westfield harbormaster or his deputy or any other law enforcement or governmental agency authorized by the Town Board of the Town of Westfield and is hereby authorized and empowered to enforce the provisions of this article or restrictions authorized herein and passed by the Town Board. For this purpose, such officers shall have authority to board any boat operating or moored in violation of the provisions therein and/or to board any vessel operated or equipped in violation of the provisions thereof. Such officers shall be authorized to move or cause to be moved to another location any vessel operating or moored in violation of this article or resolution passed under the authority of this article.
The violation of any of the provisions of this article shall be punishable as provided in Ch. 1, General Provisions, Article II.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Conflict or provisions with federal statutes or regulations. When any provisions of this article are found to be in conflict with any federal statute or regulations issued pursuant thereto, or any statutes of the State of New York or regulations issued pursuant thereto, such federal or state statute of regulation shall prevail, but the remaining provisions of these regulations shall not be affected.
B. 
Town not responsible for damage or vandalism. The Town of Westfield shall not be responsible for damage or vandalism to any vehicle/vessel utilizing the pier or harbor facilities nor shall the town be responsible for any property stolen from any such vehicle/vessel.
C. 
Constructive notice. Use of the facilities or area governed by this article by any person shall be deemed constructive knowledge on the part of such person of the provisions of this article.