As used in this chapter, the following terms
shall have the meanings indicated:
AUXILIARY
Any vessel having both sails and either an inboard or outboard
motor and which may be propelled by its sails or by its motor, or
both.
BASIN
A naturally or artificially enclosed or nearly enclosed body
of water where small craft may lie.
BEACH
A public or private beach area bordering the waters of the
Village of Clayton.
DISTRESS
A state of disability or a present or obviously imminent
danger which, if unduly prolonged, could endanger life or property.
EMERGENCY
A state of imminent or proximate danger to life or property
in which time is of the essence.
ENFORCEMENT OFFICER
A person appointed by the Village Board to administer this
Harbor Management Law.
FACILITIES
Any and all facilities of a harbor or maritime facility either
publicly or privately owned that are intended primarily to be used
by or for the service of small craft (including ramps, hoists, parking
areas, leased water areas, concessions and service facilities) located
on land or in the waters under the jurisdiction of the Village of
Clayton.
FAIRWAY
An open area of water for navigation to be kept free and
clear of any structure, float, or vessel, as designated on the Harbor
Management Map.
FLOAT
Any floating structure normally used as a point of transfer
for passengers and goods and/or for mooring purposes.
FLOATING DOMICILE
Any vessel, home, watercraft, or other structure designed
or intended to float on the water, whether such structure is moored,
grounded, adrift, floating, sunk, or otherwise made fast to or attached
to the bottom of the river, the shoreline, or a dock, pier, or causeway,
the structure being designed, used, or intended to be used, whether
as originally constructed or by retrofit, as a temporary or permanent
residence, business, social club, or otherwise, and for whatever reason
is unsuitable for navigation on the waterways.
[Added 5-23-2011 by L.L. No. 1-2011]
HARBOR LINE
The line formed by the outermost boundaries of any fairway
or mooring area as designated on the Village of Clayton Harbor Management
Map.
MARITIME FACILITY
Any facility affecting the use and operations of pleasure
or commercial vessels bordering on, concerned with, or related to
a protected water area that is owned, managed or controlled by the
Village of Clayton.
MOORING
A.
A place where buoyant vessels are secured other
than at a dock or pier;
B.
The equipment used to secure a vessel; and
C.
The process of securing a vessel, other than
at a dock or pier, including any attachment to the river bottom that
is designed to keep the vessel from floating away, such as by anchor,
chain, blocks, spuds, or by affixing the vessel to an object that
is secured to the river bottom.
[Amended 5-23-2011 by L.L. No. 1-2011]
MOORING AREAS
All water surface areas designated on the Harbor Management
Map for the placement of moorings.
MOORING BUOY
An appliance used to secure to the bottom by anchors and
provided with attachments to which a vessel may be secured by use
of its anchor chain or mooring lines.
PUBLIC AREA
All areas of any harbor except those areas under specific
lease to private persons or firms or owned privately.
SHORE
That part of the land in immediate contact with a body of
water, including the area between high and low water lines.
SLIP
Berthing space for a single vessel alongside a pier, dock,
finger float, or walkway.
STAR MOORING
A floating vessel anchoring device and its associated tackle,
such as chains, buoys and other equipment, other than a common anchor,
manufactured and used specifically for the permanent or semipermanent
mooring of three or more vessels.
STATE
The State of New York.
TO ANCHOR
To secure a vessel to the bottom within a body of water by
dropping an anchor or anchors or other ground tackle.
UNDERWAY
The condition of a vessel not at anchor; without moorings;
and not made fast to the shore or ground.
VESSEL
Boat, ship or other watercraft, including a floating domicile,
regardless of whether it is or was used for a recreational, commercial,
or industrial purpose, or any other purpose, other than a seaplane
on the water, used or capable of being used as a means of transportation
on the water whether under its own power or by other means, and regardless
of whether documented or registered.
[Added 5-23-2011 by L.L. No. 1-2011]
WATERS OF A HARBOR
All waters of any harbor that are owned, managed, or controlled
by or under the jurisdiction of the Village of Clayton as defined
under the authority of Article 4, § 46 of the New York Navigation
Law.
WATERWAY
Any water area providing access from one place to another,
principally a water area providing a regular route for water traffic,
that is owned, managed, or controlled by or under the jurisdiction
of the Village of Clayton.