The general purpose of this article is to regulate
the use of certain offshore lands in the bed of the Hudson River that
are owned by the Village of Irvington and that are located in the
vicinity of Matthiessen Park so that the same may be developed as
a recreation area for the residents of the Village of Irvington and
to provide a means for the fostering of pleasure boating by the residents
of the Village of Irvington by making available to them mooring space
for pleasure craft and to regulate the use of such craft within the
mooring area and adjacent to Matthiessen Park so as to keep the Hudson
River safe and to make the best use of available mooring space.
There is hereby established the following anchorage
ground: That portion of ground under water extending from the northern
boundary of Parcel 108-B, Sheet 2, as shown on the Tax Map of the
Village of Irvington, for a distance of 650 feet southerly.
The anchorage grounds shall be restricted to
the mooring of pleasure craft owned by the residents of the Village
of Irvington for which mooring a permit shall first have been obtained.
The Village Clerk is hereby authorized to issue
permits for maintaining mooring buoys within the anchorage area. No
mooring shall be placed or buoy anchored without such permit. Such
permits shall expire on the 15th day of May of the year next succeeding
the year in which issued and shall not be transferable.
A. Each such permit shall be subject to revocation by
the Board of Trustees or the Village Clerk upon a conviction for violation
of any of the provisions of this article.
B. The method of anchoring marker buoys shall conform
to the following: the length of the mooring chain, cable or rope shall
be as short as is consistent with the depth of the water, the extent
of the rise of the tide, the displacement and freeboard of the boat,
and the degrees of exposure; the type and weight of the anchor and
the strength of the mooring chain and all other mooring gear shall
be sufficient to permit such short scope to be employed.
C. No boat shall anchor in the anchorage area in such
a manner as to interfere with the use of a duly authorized marker
buoy.
D. The Village Clerk shall collect and record in a proper
register the names of all persons to whom permits are issued together
with a description of the craft for which a mooring is permitted.
E. The positions of all moorings shall be subject to
the approval of the Superintendent of Public Works. Either the Superintendent
of Public Works or the Village Police may shift the position of any
moored craft in cases of emergency. The Superintendent of Public Works
shall also have the power to direct the change in location or any
mooring and shall inspect the anchorage area to see that reasonable
standards of safety are maintained.
F. The Village assumes and shall be under no liability
for anything done or omitted to be done under or in relation to any
of the provisions of this article, and applicants for permits shall
release the Village accordingly.
No boat shall approach or travel within the
anchorage area at a speed greater than four nautical miles per hour,
nor shall any craft be run at speed greater than four nautical miles
per hour within 150 feet of Matthiessen Park. No craft shall enter
any designated swimming area. Further, the operation of any vessel
which unreasonably interferes with the free and proper use of the
anchorage area or of Matthiessen Park, or unreasonably endangers the
users of said areas, is hereby prohibited.
No motorboat shall be operated within the anchorage
area or in the water grant surrounding Matthiessen Park unless the
same shall be provided with an underwater exhaust or muffler, so constructed
and used as to muffle the noise of explosion.
It shall be unlawful for any person, association
or corporation to cast or discharge, or cause or suffer to be cast,
deposited or discharged in the anchorage area or near Matthiessen
Park, from or out of any vessel or from the shores, wharves or docks
near the said area, any garbage, human excrement or refuse matter
of any kind or description whatever.
The Village Clerk shall collect from each applicant
for a mooring permit such fee as the Board of Trustees may direct
before issuing the said permit. From each applicant for a special
permit, the Village Clerk shall collect such fee as the Board of Trustees
may direct.
The registered owner, as shown in the Village
Clerk's register, or any operator of any boat, may be fined up to
$50 for any violation of this article and up to $100 for any subsequent
violation. It shall be the duty of the registered owner of each boat
for which any permit is issued, to enforce strict compliance with
this article.
[Adopted 4-15-2002 by L.L. No. 3-2002]