It shall be a violation of this chapter to place any mooring in the waters under the jurisdiction of the Village of Clayton without a permit from the EO. All moorings shall be placed within designated mooring areas as shown on the Harbor Management Map. Existing moorings must comply with this chapter within one year of enactment.
The EO shall keep a detailed record of all moorings, their location, and the owner's name, home and business address, telephone number, date mooring was set, and the maximum size of the boat allowed on such mooring.
A permit fee, as determined by the Village Board, will be charged for each mooring each year.
Mooring permits are valid for a period not to exceed one year.
All mooring permits shall expire December 31, and must be renewed by April 1 of the following calendar year.
Existing moorings in the harbors of the Village of Clayton shall be exempt from a mooring permit fee for the remainder of the year that the chapter is enacted.
Whenever a permittee parts with possession of or transfers the interest in the mooring to another person by any arrangement whatsoever, a new mooring permit shall be required to update the information on the permit.
Barges, scows and similar vessels may be moored at the discretion of the EO.
The awarding of a mooring permit entitles the owner to the use of a specific mooring location identified by mooring number and location. If the mooring is to be used for transient boats, or is rented out, it shall be so indicated on the permit, with the maximum size boat allowed on such mooring.
Any vessel or float moored or anchored in violation of any part of this chapter shall be removed by the owner or person in charge thereof by the written notice of the Enforcement Officer or the Village Police. If the vessel or float is not removed after written notice is provided to the owner, that vessel or float may be removed at the direction of the Village Enforcement Officer upon 10 days' notice. The notice shall be served by mail upon the owner of the vessel or float at the last known address as indicated on the permit application, or determined from the state or federal registration records for the vessel, or as may be otherwise reasonably determined. All expenses incurred by the Village, including reasonable attorneys fees, shall be paid by the owner of the vessel or float, and the Village may enforce that obligation by civil action. Such expenses shall be in addition to and not in lieu of any penalties that may be prescribed by or imposed under this chapter or under any other law, ordinance, rule or regulation of the Village.
A mooring buoy must be approved by the EO and carry proper identification.
All anchors must weigh 2,200 pounds minimum.
Bottom chains must be a minimum of 3/4 inch.
The total scope/length of the chain shall be 2 1/2 times the depth of the water at mean high water.
All mooring lines and hardware used in the mooring hookup shall be proportionate to the size of the vessel as per U.S. Coast Guard criteria.
Off-season floats to mark mooring locations must be properly marked to off-season traffic. Off-season is December 1 through March 31 of the following calendar year.
Any abandoned mooring tackle may be removed, reissued or sold at the discretion of the EO.
In case of emergency where the owner cannot be immediately contacted, the appropriate state or federal agency, State Police, Park Police or U.S. Coast Guard, shall be notified and, if necessary, the EO shall take charge of the vessel for appropriate action, and the owner shall assume any charges and expenses involved.
Mooring permits will be issued on a first-come, first-served basis, with the present permit holder first on the list if renewed by April 15 of that year.
Each mooring shall be surface inspected by the EO at least once a year, prior to May 30. If a possibly defective or damaged mooring is discovered, the owner of the mooring shall be notified and required to bring the mooring into compliance with the requirements of this chapter, or have the mooring inspected at the sole expense of the owner.
It shall be a violation of this chapter to berth or anchor a vessel in the fairway.
It shall be a violation of this chapter to voluntarily or negligently sink or allow to be sunk any vessel in any fairway or berthing space, or to float loose timbers, debris logs or piles in any fairway or berthing space in such a manner as to impede navigation or cause damage to vessels therein. It is understood that wrecked or sunken vessels within a harbor are subject to the published rules and regulations of the United States Coast Guard and applicable state law, rules and regulations.
No person shall make fast or secure a vessel to any mooring already occupied by another vessel, or to a vessel already moored, except that a rowboat, dinghy or yacht tender regularly used by a larger vessel for transportation of persons or property to or from the shore may be secured to such larger vessel or to the mooring regularly used by the larger vessel.
If any vessel shall be determined by the EO to be anchored or moored within any harbor or maritime facility in an unsafe or dangerous manner, or in such a way as to create a hazard to other vessels or to persons or property, the EO shall order and direct necessary measures to eliminate such unsafe or dangerous condition. Primary responsibility for compliance with such orders and directions shall rest with the owner of the improperly anchored or moored vessel or his authorized agent; in the absence of the owner or the agent, said responsibility shall rest with the authorized operator of the facility at which the vessel is anchored or moored. In any emergency situation and in the absence of any such responsible person, the EO will call the appropriate authorities, including, but not limited to, a local commercial marina or salvage operator, to correct the unsafe condition.