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.
A permit fee, as determined by the Village Board,
will be charged for each mooring each year.
B.
Mooring permits are valid for a period not to exceed
one year.
C.
All mooring permits shall expire December 31, and
must be renewed by April 1 of the following calendar year.
D.
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.
E.
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.
F.
Barges, scows and similar vessels may be moored at
the discretion of the EO.
A.
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.
B.
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.
A mooring buoy must be approved by the EO and carry
proper identification.
B.
All anchors must weigh 2,200 pounds minimum.
C.
Bottom chains must be a minimum of 3/4 inch.
D.
The total scope/length of the chain shall be 2 1/2
times the depth of the water at mean high water.
E.
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.
F.
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.
A.
Any abandoned mooring tackle may be removed, reissued
or sold at the discretion of the EO.
B.
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.
C.
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.
