[Adopted 5-23-1965]
Pursuant to Article 4 of the Village Law and
in order to avoid water pollution and to protect and secure navigation,
bathing, fishing and other recreational uses and the healthful, safe
and proper enjoyment of the waters bounding the Village by the inhabitants
of the Village and the community and the property thereof, the Board
of Trustees of the Village of Asharoken does hereby enact the following.
[Amended 12-6-1971 by resolution; 8-1-1983 by L.L. No. 3-1983; 5-7-1984 by L.L. No. 3-1984]
Except when prohibited by reason of laws of
the United States or where otherwise expressly provided herein, the
following provisions of this article shall apply to all waters within
the Village and to all waters bounding the Village to a distance of
1,500 feet from the shore of the Village, except that the provisions
of this article shall not apply to the waters within Carter's Bight
in Northport Bay.
[Amended 2-7-1983 by L.L. No. 1-1983; 5-7-1984 by L.L. No. 3-1984]
As used in this article, the following terms
shall have the meanings indicated:
Includes the family, employees and guests of the owner or
persons lawfully occupying his premises.
The attachment of or to attach a vessel to the ground by
means of tackle so designed that when such attachment is terminated,
the tackle in its entirety is removed from the ground and taken under
the control of the vessel.
Includes the person or persons designated as such by the
Village Board. Deputy Harbor Masters shall serve as assistants to
and of the Harbor Master and during the pleasure of the Village Board.
The person designated as such by the Village Board. The Harbor
Master shall serve during the pleasure of the Village Board.
The attachment of or to attach a vessel to a pier or dock
or other structure; or the attachment of or to attach a vessel to
the ground by means of tackle so designed that when such attachment
is terminated, some portion of the tackle remains attached to the
ground and is not taken under the control of the vessel.
Includes the person under whose name the vessel was last
registered or documented in accordance with the provisions of the
Federal Boating Act of 1958 or the laws of the State of New York or
the laws of the United States, if requiring registration or documentation,
and in any other case the last known owner or the person who claims
lawful possession of such vessel by virtue of legal title or equitable
interest therein which entitles him to such possession.
Includes every vessel which is propelled in whole or in part
by mechanical power and is used or operated for commercial purposes
on the navigable waters of the state; that is either carrying passengers,
carrying freight, towing or for any other use; for which a compensation
is received, either directly or where provided as an accommodation,
advantage, facility or privilege at any place of public accommodation,
resort or amusement. For purposes of this chapter, "public vessel"
shall also mean any vessel operated by any subdivision of the United
States government, the government of the State of New York or any
local government of the State of New York.
[Added 4-7-1997 by L.L. No. 1-1997]
A vessel which uses an inboard motor powering a water jet
pump as its primary source of motive power and which is designed to
be operated by a person sitting, standing or kneeling on or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel.
[Added 4-7-1997 by L.L. No. 1-1997]
A sealed container and device through or into which sewage
from a marine toilet passes:
Capable of macerating and chemically treating
the residue by the addition of Chlorox or some other effective solution
so that no inadequately treated sewage is discharged into the water;
acceptable units of this type, including the unit manufactured by
the Raritan Engineering Company of Millville, New Jersey.
Consisting of an immovable holding tank so constructed
as not to be dischargeable into the water, but only ashore.
Being of such other type of equal effectiveness
as the Harbor Master shall designate by order filed in the office
of the Village Clerk.
A vessel which is powered by an outboard motor or a propeller
driven motor and which is designed to be operated by a person sitting,
standing or kneeling on or being towed behind the vessel rather than
in the conventional manner of sitting or standing inside the vessel.
[Added 4-7-1997 by L.L. No. 1-1997]
Includes every description of craft on the water and includes,
but is not limited to, a seaplane when operated on the water, boat,
motorboat, sailboat, rowboat, powerboat, jet boat, fishing boat, cruiser,
motor vessel, ship, barge, scow, tug, floating cabana, party boat,
charter boat, ferry boat, canoe, raft, personal watercraft, specialty
prop-craft, hovercraft or other buoyant device permitting free flotation.
[Amended 4-7-1997 by L.L. No. 1-1997; 8-4-2003 by L.L. No.
1-2003]
The area within 1,500 feet from the shoreline at the low
water mark of the Long Island Sound and/or Northport Bay, but shall
not include Duck Island Harbor.
[Added 5-17-2001 by L.L. No. 1-2001]
[Amended 5-7-1984 by L.L. No. 3-1984]
A.
No person shall anchor any vessel nearer to the shore
than 150 feet below the mean low-water line (the aforesaid distance
limitation shall not, however, apply within what is commonly referred
to as "Coast Guard Cove at Eatons Neck Point") unless:
(1)
Such vessel is compelled to anchor owing to temporary
disability and then only during the period of its temporary disability;
(2)
Such vessel is compelled to anchor temporarily owing
to an emergency arising out of the perils of the sea and then only
during such period of emergency; or
(3)
Such vessel is a cabinless boat not equipped with
toilet facilities and is temporarily anchored during the hours between
sunrise and sunset for fishing or shellfishing purposes only and not
with 150 feet of any beach used for bathing or swimming and marked
as such; provided, however, that this subsection shall not be deemed
to permit shellfishing from tidal or underwater land owned by the
adjacent uplandowner, and shellfishing thereon without permission
of such owner is prohibited.
B.
No person shall moor any vessel at a mooring detached
from the shore and nearer to the shore than within 100 feet below
the mean low-water line unless:
C.
All floats shall be anchored or moored in such a way
as to be secure at all times and under all conditions, and such anchoring
and mooring shall be subject to supervision by the Harbor Master and
the Deputy Harbor Masters.
D.
No person shall moor or anchor any vessel in any channel
affording entrance to a harbor and in no case shall any vessel be
moored to or anchored so as to encroach at any time into any channel
affording entrance to a harbor.
E.
No person shall at any time anchor any vessel within
three boat lengths, such lengths to be measured by the length of the
larger vessel and from its nearest point to the nearest point of the
other vessel, of another vessel previously moored or anchored or within
150 feet of any unoccupied mooring marked by a buoy.
F.
No person shall at any time tie, attach, raft or secure
in any manner one vessel to another vessel or vessels, any one of
which is moored or anchored, unless any such vessel:
(1)
Is compelled so to secure owing to temporary disability
and then only during the period of its temporary disability;
(2)
Is compelled so to secure temporarily owing to an
emergency arising out of the perils of the sea and then only during
such period of emergency; or
(3)
Is in the process of embarking or disembarking passengers,
off-loading supplies or of rendering necessary services or assistance
to another vessel, and then only during such process.
G.
The location and type of moorings permitted shall
be subject to the supervision and/or approval of the Harbor Master
or his deputy.
[Added 4-2-1990 by L.L. No. 1-1990]
H.
Mooring standards.
[Added 4-2-1990 by L.L. No. 1-1990]
(1)
Mooring tackle shall conform, at a minimum, to the
standards set forth in the following schedule:
|
Length of Boat at Waterline
(feet)
|
Weight of Mushroom Anchor
(pounds)
|
Diameter of Links of Top Half of Chain
(inches)
|
Diameter of Links to Bottom Half of Chain
(inches)
|
|---|---|---|---|
|
15
|
100
|
5/16
|
3/8
|
|
20
|
200
|
5/16
|
3/8
|
|
25
|
250
|
3/8
|
3/8
|
|
30
|
300
|
3/8
|
1/2
|
|
35
|
350
|
3/8
|
1/2
|
|
40
|
400
|
1/2
|
5/8
|
|
45
|
500
|
1/2
|
5/8
|
|
50
|
550
|
5/8
|
3/4
|
|
55
|
700
|
5/8
|
3/4
|
|
Length of Boat at Waterline
(feet)
|
Buoy Diameter
(inches)
|
Diameter of Nylon Pennant(s)
(inches)
|
|---|---|---|
|
15
|
15
|
1/2
|
|
20
|
15
|
1/2
|
|
25
|
15
|
3/4
|
|
30
|
15
|
3/4
|
|
35
|
15
|
3/4
|
|
40
|
18
|
3/4
|
|
45
|
18
|
1
|
|
50
|
24
|
1
|
|
55
|
24
|
1
|
(2)
For boat lengths between figures shown, the specifications
for the next longer boat should be used.
(3)
Shackles, swivels, etc., should be the next size larger
than the chain size.
(4)
Buoy must protrude at least 12 inches above water.
(5)
All moorings shall have swivels halfway down the rope.
(6)
Mooring must be removed or inspected annually.
(7)
All shackles must be safety wired.
(8)
All vessels shall have chaffing gear on pennent lines.
(9)
No person(s) or corporation shall tamper with or move
any mooring not owned or under the control of that person or corporation
unless under the direction of Harbors and Waterways.
(10)
Moorings utilizing engine blocks or anchors
made of concrete are hereby prohibited.
I.
Mooring use permits.
[Added 4-2-1990 by L.L. No. 1-1990]
(1)
These regulations are adopted to enable the Village
to better control certain increasingly congested and physically exposed
mooring area(s) adjacent to the Village shoreline not only by mandating
certain minimum standards for mooring tackle and confirming the authority
of the Harbor Master to oversee the type and placement of moorings
as elsewhere provided in this chapter but also by requiring the registration
of moorings through a permit system which will provide a means of
identifying the owner(s) of moored vessels so that responsibility
therefor may be more readily established so as to lessen the likelihood
of damage to persons and property caused by improperly moored and/or
abandoned vessels.
(2)
It shall be unlawful to place a mooring and/or moor a vessel thereto within those waters bounding the Village to a distance of 1,500 feet from the shore of said Village between the Village/Town boundary at the southerly end of the Village Hall property and premises, known and designated by street address 25 Asharoken Avenue, without having first obtained a valid mooring use permit issued pursuant to Subsection I(3) hereinbelow nor without properly displaying the decal and/or other identifying device(s) issued in connection therewith on both vessel and mooring.
(3)
The Harbor Master and his deputies are hereby authorized
and empowered to issue mooring use permits and decals and/or other
identifying markings to be affixed to the permitted mooring and vessel
upon receipt of written application therefor and such fee as may be
prescribed by the Board of Trustees and subject to the following:
(a)
Such application shall set forth such information
as may be deemed appropriate by the Harbor Master, including the length,
breadth, draft, type, manufacturer, color, year of construction, name,
registration and, if applicable, documentation number of the vessel;
the name, address and telephone number(s) of the owner; and a description
of any identifying features of the mooring.
(b)
Such application shall be required to be executed by the owner or charterer of, or other person responsible for the vessel, or his, her or its duly authorized representative who shall affirm the truth of the contents thereof under the penalties of perjury and shall further attest that the mooring meets or exceeds the minimum standards set forth in Subsection H of this section.
(c)
Such application shall also provide that the
applicant agrees, during the term of the mooring use permit, to be
responsible for the removal of the vessel in the event that it becomes
a hazard to navigation, sinks or otherwise becomes disabled or breaks
loose or comes ashore.
(d)
Mooring use permits shall be valid for the balance
of the calendar year in which the permit is issued or until sooner
terminated by virtue of the permittee's turning in or otherwise cancelling
the decal and/or other identification device(s). Mooring use permits
shall not be transferable.
A.
No person shall, during the period between Memorial
Day and Labor Day, anchor or moor any vessel equipped with either
a marine toilet or with one or more bunks or berths in any part of
Duck Island Harbor or in Northport Bay in any portion thereof lying
to the north of either of the following two projected straight lines:
a line having a course of 294° true running northwest from the
Village Hall of Asharoken Village to a marked point in the middle
section of Duck Island; and a line having a course of 75° true
running northeast from the southernmost point of Winkle Point tangent
to the southernmost point of Duck Island to a marked point on Asharoken
Beach, unless such vessel:
(1)
Is equipped with and uses a sewage treatment unit,
as herein defined, in good operating condition;
(2)
Is compelled to anchor or moor owing to temporary
disability and then only during the period of its temporary disability;
or
(3)
Is compelled to anchor or moor temporarily owing to
an emergency arising out of the perils of the sea and then only during
such period of emergency.
B.
Upon request of any enforcing officer described in § 122-11 hereof who has displayed evidence of his authority, the person in charge of or who owns, charters or is operating such a vessel shall furnish the enforcing officer with a certificate in the form prescribed by the Harbor Master that the vessel is equipped with a sewage treatment unit as herein defined. If such person fails to furnish such certificate he shall, upon order of the enforcing officer, forthwith remove his vessel beyond 1,500 feet from the Village shore.
C.
No person shall cast, deposit, dump, discharge or
place or cause or suffer to be cast, deposited, dumped, discharged
or placed any oil, garbage or refuse matter of any kind, or any sewage,
which has not first been treated by an acceptable sewage treatment
device as above specified, into any waters or on any beach above or
below the high-water mark.
D.
This section is declared necessary to prevent water
pollution in the area and to preserve the health of the inhabitants
of the Village and the users of its neighboring waters.
A.
Any vessel or any other object which becomes a menace to navigation or unseaworthy or sinks, grounds or becomes otherwise disabled shall be removed by the owner or person in charge thereof on order of any enforcing officer described in § 122-11 hereof.
B.
If said vessel or other object is not removed after
an order so to remove it, it may be removed by or at the discretion
of such enforcing officer at the expense of the owner or person in
charge of said vessel, to be enforced by civil suit, such expense
to be in addition to such penalties as may be prescribed or imposed
under this Article or other ordinances of the Village or the laws
of the State of New York.
[Amended 1-9-1989 by L.L. No. 1-1989; 4-7-1997 by L.L. No.
1-1997]
A.
Except as otherwise provided in § 122-10 hereof, no person shall operate or drive any vessel, except for a public vessel as defined in this chapter, at a greater speed than five miles per hour within 500 feet of any shoreline within the Village or in Duck Island Harbor, except while towing a person on waterskis, surfboard or similar device and subject to the provisions of § 122-10.
[Amended 4-7-1997 by L.L. No. 1-1997]
B.
No person shall operate or drive any vessel propelled
other than by hand within 150 feet of any lifelines or bathing float
or, if there be no lifelines or bathing float, then within 150 feet
of any beach used for bathing or swimming marked as such except at
inlets or where a channel affording entrance to a harbor approaches
the lifelines, bathing float or beach, as the case may be, closer
than such applicable distances; provided, however, that nothing contained
in this Article shall prevent a vessel of the adjacent uplandowner
or of any other person with the permission of such owner from departing
from, returning to or beaching at the shore of such owner.
C.
No person shall operate or drive any public vessel
at a speed in excess of 45 miles per hour within 1,500 feet of any
shoreline within the Village.
[Amended 4-7-1997 by L.L. No. 1-1997]
A.
General.
(1)
Every person operating or driving a vessel and every
person riding water skis, a surfboard or similar device shall at all
times operate the same in a manner, including, without limitation,
the throwing of its wake, so as not to endanger the property of another
or the life or limb of any person or so as to interfere with the free
and proper use of the waters of any channel affording entrance to
a harbor.
(2)
No person shall use a boat propelled in whole or in
part by gas, gasoline or naphtha or similar explosive medium unless
the same is provided with an underwater exhaust or muffler so constructed
and used as to muffle the noise of the explosion. Any muffler which
operates by watercooling the exhaust must be so constructed as to
vent through the stern transom.
[Amended 8-6-1973]
B.
No commercial operation. No vessel shall be moored
or anchored by any person in connection with or in the pursuit of
any business operated for profit, except as otherwise may be specifically
permitted by the Village Zoning Ordinance,[1] and except those vessels anchored and persons engaged
in the harvesting of shellfish, within the waters to which this Article
is applicable.
Anything herein contained to the contrary notwithstanding,
the Village Board may, in its discretion, issue special permits for
aquatic events, boat races or other similar events under proper supervision
in limited areas for limited periods, after prior approval of the
United States Coast Guard when required.
[Amended 6-8-1981 by L.L.
No. 4-1981; 6-4-1990 by L.L. No. 2-1990; 5-2-2017 by L.L. No. 2-2017]
A.
INNER HARBOR
OUTER HARBOR
For the purposes of this § 122-10, the terms used herein are defined as follows:
That portion of Duck Island Harbor located north of a straight
line running from the easternmost point of Bevin (known also as "Walnut")
Point to the northernmost point of Duck Island.
That portion of Duck Island Harbor located north of a straight
line running from the westernmost point of Duck Island to the easternmost
point of Clam Shell Point and south of a straight line running from
the easternmost point of Bevin (known also as "Walnut") Point to the
northernmost point of Duck Island.
B.
No person shall operate a vessel for towing a person on water ski(s),
wakeboard, surfboard, tube or other device, and no person shall ride
such a device in the Inner Harbor of Duck Island Harbor.
C.
No person shall operate a vessel for towing a person on water ski(s), wakeboard, tube or other device, and no person shall ride such a device within 150 feet of any shoreline within the Outer Harbor of Duck Island Harbor or within 500 feet of any other shoreline within the Village, except as provided in Subsection D hereof; or within 150 feet of any swimmer, bather, lifeline, bathing float or vessel. In no event shall any person operate a vessel for towing a person for wakesurfing and no person shall wakesurf in the Outer Harbor of Duck Island or within 1,500 feet of any shoreline within the Village.
D.
A vessel towing a person on water ski(s), wakeboard, tube or other
device, other than a surfboard, may depart from a shoreline in the
Outer Harbor of Duck Island, with the exception of the shoreline of
Clam Shell Point and Duck Island, if the vessel continues to travel
beyond 150 feet from the shoreline perpendicular to the shoreline,
provided such vessel is not within 150 feet of any marked beach for
bathing and swimming. A vessel towing a person on water ski(s), wakeboard,
tube or other device, other than a surfboard, may depart from other
shorelines in the Village if the vessel continues to travel beyond
500 feet from the shoreline perpendicular to the shoreline, provided
such vessel is not within 150 feet of any marked beach for bathing
and swimming.
E.
No person shall operate a vessel for towing a person on water ski(s),
wakeboard, tube or other device unless there is in such vessel a person
other than the operator who is at least 10 years old in a position
to observe the progress of the person being towed.
F.
No person shall ride on water ski(s), wakeboard, tube or other device
or use or operate a vessel to tow a person thereon between the period
from one hour after sunset to one hour after sunrise.
G.
No person shall operate a vessel towing a person on water ski(s),
wakeboard, tube or other device in the Outer Harbor of Duck Island
Harbor unless such vessel is duly licensed by the Harbor Master.
H.
Upon proof of ownership of the vessel to be used and upon proof of
liability insurance in an amount set forth in the Harbor Master's
regulations and upon payment of the licensing fee, the Harbor Master
shall issue to the applicant a license sticker, which shall be valid
for the calendar year in which it is issued. The license sticker must
be affixed to the forward hull of the vessel.
I.
The Harbor Master shall from time to time promulgate regulations governing waterskiing, wakeboarding, tubing and similar activities in the Outer Harbor of Duck Island Harbor which shall be supplementary to regulations set forth herein. Such regulations shall be effective upon filing of the same with the Village Clerk. Copies of such regulations shall be furnished to each boat owner at the time of the issuance of a license to such boat owner. Violations of such regulations shall constitute violations of this § 122-10 and shall be punishable by fine or suspension or revocation of the boat owner's license by the Village Justice in accord with the provisions of § 122-12 of the Code of the Village.
J.
The acts of any person operating a licensed vessel with the permission
of the vessel owner shall be imputed to the vessel owner and shall
constitute grounds for suspension or revocation of the vessel owner's
license.
K.
A vessel towing person on water ski(s), wakeboard, tube or other
device in the Outer Harbor of Duck Island Harbor shall follow a counterclockwise
pattern and shall be guided by such marker buoys as may be installed
to indicate channels for such activities.
A.
Any member of the Village Board, the Harbor Master,
any Deputy Harbor Master, any duly authorized officer or agent of
the Village Board, any member of the Village Police Department and
any member of the Marine Division of the Suffolk County Police Department,
each of whom is hereinafter referred to as "such enforcing officer,"
is hereby empowered to enforce the provisions of this Article.
B.
Every person in charge of or who owns, charters or
is operating a vessel shall at all times obey the lawful orders of
any such enforcing officer after being informed of his authority.
C.
Any vessel or float anchored or moored or attached
to another vessel in violation of any part of this Article shall be
removed or detached, as the case may be, by the owner, charterer or
person in charge thereof on order of any such enforcing officer. If
any such vessel or float is not removed after an order so to remove
it, the same may be removed by or at the direction of any such enforcing
officer, at the expense of the owner, charterer or person in charge
of said vessel or float to be enforced by civil suit, such expense
to be in addition to such penalties as may be prescribed by or imposed
under this or other ordinances of the Village or the laws of the State
of New York.
D.
Any such enforcing officer shall have the right to
stop any vessel for any of the following purposes:
E.
Any such enforcing officer shall have the right to enter upon and inspect any vessel to determine whether such vessel is complying with the provisions of § 122-5 hereof.
F.
The Harbor Master shall be and he hereby is empowered
to install buoys, appropriately worded signs and other markers at
any point on land or water within the jurisdiction of the Village
when, in his opinion, the placing of any such buoys, signs or markers
would give practical effect to the intent of this Article or any provision
thereof.
A.
B.
The Village Board may also maintain an action or proceeding in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this Article; and these remedies shall be in addition to the penalties prescribed in the preceding Subsection A of this section.
