[HISTORY: Adopted by the Board of Trustees
of the Village of Ocean Beach 3-28-2009 by L.L. No. 2-2009.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Waterfront consistency review — See Ch. 162.
Marina rules and regulations — See Ch. A168.
[1]
Editor's Note: This local law was adopted
as Ch. 130 but was renumbered to maintain the organization of the
Code.
A.
The harbor area in the Village of Ocean Beach, on
Great South Bay, accommodates waterfront activities, including recreational
boating, docking at the Village marina, ferry service and swimming.
B.
The purpose of this chapter is to establish standards,
requirements and procedures for the operation of vessels and matters
relevant to navigation, safety, environmental protection and the use
of surface waters and underwater lands in the harbor area of the Village
of Ocean Beach.
As used in this chapter, the following terms
shall have the meanings indicated:
To secure a vessel temporarily to the harbor bottom by dropping
an anchor or other ground tackle from a vessel.
Includes every type and description of watercraft and other
mechanical contrivance used on or in the water or capable of being
used as a means of transportation or propulsion or used for buoyancy
in or on the water.
The primary travel way for vessels. Moorings (including docking
facilities) and anchoring are prohibited in channels in order to insure
safe vessel movement.
A secondary vessel travel way connecting docking
facilities to channels. Moorings (including docking facilities) and
anchoring are prohibited in fairways.
An area in the harbor, other than a designated
channel, where structures, moorings or anchorages are not permitted
in order to keep an open accessway between marine structures or designated
channels, buffer areas and mooring areas.
The Village of Ocean Beach harbor management area as defined
under Section 4.2.2 of the Village of Ocean Beach LWRP.
Refers to Map No. 6 as incorporated into the Village of Ocean Beach LWRP and is incorporated herein as § 98-21 of this chapter and declared to be a part hereof.
A program, as adopted by the Village Board and approved by
the Secretary of State, composed of policies, goals, objectives and
standards for harbor management.
A structure built or maintained for the purpose of providing,
for monetary gain, a berthing place for four or more vessels or boats.
The limits of property ownership, grant or easement to lands
underwater and encompassing all related structures, such as docks,
bulkheads, breakwaters, pilings, piers, platforms or moorings, as
well as travel lanes and berthing areas that together function as
a marina.
To tie a vessel to a mooring.
A device with its associated tackle, such as chains, floats,
and other equipment, manufactured and used specifically for the permanent
or semipermanent securing of a vessel to the harbor bottom. This device
typically consists of an anchoring weight (mushroom or other) which
is placed on the bottom and is connected to a floating device (i.e.,
ball) by cables, chains or lines. Moorings also include stake moorings
which are post devices affixed to land that may or may not be regularly
submerged.
A sign, buoy or floating object, buoyant or affixed to land
or a structure and possibly lighted or emitting a sound, that has
been installed by a local, state or federal agency, or a private entity
with the approval of such government agency, for the sole purpose
of assisting in the safe operation of a vessel or identifying a way
to port or other marine-related destination.
An area established within a body of water, whether said
body is natural or man-made, wherein water displacement and/or disturbance
caused by the movement or operation of a watercraft shall not be permitted
and/or is not otherwise lawful.
A person or entity granted a permit.
The mean high water line.
The rate of movement of a vessel over slack water, as measured
in statute miles covered per hour.
A water area set aside for public swimming.
The person or entity under whose name the vessel was last
registered in accordance with the provisions of 46 U.S.C., Chapters
121 to 125, or the New York State Vehicle and Traffic Law, 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 them to such possession.
Any watercraft, including a boat, used or capable of being
used as a means of transportation in, over or upon the water, including
nondisplacement craft.
The Board of Trustees of the Village of Ocean Beach.
All docks and piers under the ownership of and operated by
the Village.
A vessel, including a boat, used or capable of being used
as a means of transportation in, over or upon the water including
nondisplacement craft.
A.
The Village Board of Trustees shall sit as and act
as the Village of Ocean Beach Harbor Management Committee (the Committee).
The Committee shall be responsible for representing a range of harbor
interests, including but not limited to navigation and boating safety,
commercial operations, recreational marinas, marine infrastructure,
and special events and maritime history. The Committee shall meet
at least monthly.
B.
The Committee shall maintain records on recreational
boating and marinas, navigation and safety, navigational aids, depth
of water and dredging needs, marine structure conditions and the need
for repair and the ferries; the use of local docks and facilities,
and special events in and around the harbor.
C.
The Committee shall review the Village of Ocean Beach
LWRP and this chapter and recommend revisions as necessary. The Harbor
Management Plan shall be reviewed and updated, if necessary, at least
once every five years.
D.
The Committee shall act as a mediator in dispute resolution
where conflicts may develop between water-dependent and non-water-dependent
waterfront uses.
E.
In cases of conflict, the Committee shall seek to
resolve disputes to the satisfaction of the parties at hand and to
meet the goals and objectives of the adopted LWRP. To commence its
review, the Committee must be formally notified by the Village Clerk/Administrator
of a particular conflict, with a description of the issue at hand.
In handling such cases, the Committee than examine the sites of the
proposed activities and affected areas, current zoning, whether such
activities are occurring during the normal course of business, compliance
with this and other sections of the Village Code, and prior dispute
resolution cases.
F.
The Mayor of the Village shall act as Chairman of
the Committee.
The Harbor Management Chart refers to Map No. 6 as incorporated into the Village of Ocean Beach LWRP and is incorporated herein as § 98-21 of this Chapter and declared to be a part hereof. The chart is intended to define the use of the harbor and identify the pier and bulkhead line, channels, mooring areas, anchorages, fairways and swimming areas in the Village of Ocean Beach. Said chart is hereby adopted by the Village Board, incorporated herein as § 98-21 of this chapter and declared to be a part hereof. The Village Board may amend the Harbor Management Chart, from time to time, without the necessity of amending any other article, section or provision of this chapter.
All vessels operating in the waters of the Village
of Ocean Beach are to observe the Federal. Inland Navigation Rules
and Article 4 of the New York State Navigation Law.
A.
No boat or vessel propelled other than by hand shall
cruise or be operated within 1,500 feet of the southerly shoreline
of the Village of Ocean Beach.
B.
No boat or vessel shall moor, cruise or be operated
in or on the Great South Bay within 250 feet of the shoreline of the
Village of Ocean Beach, in an area formed by projecting the east line
of Bungalow Walk on the east and the west line of Ocean Road on the
west, northerly from the shoreline.
C.
Boats in the Marina shall proceed at all times at
the slowest possible speed (and in no event more than five miles per
hour) and there shall be no wake in the Marina when entering and leaving.
No person shall operate a vessel in a manner
so as to cause the creation of a wake in an area established within
a body of water, whether said body of water is natural or man-made.
Water displacement and/or disturbance caused by the movement and/or
operation of watercraft shall not be permitted and/or is otherwise
unlawful.
No one will be permitted to use a boat for living
quarters while in the marina basin.
A.
No boat or vessel propelled other than by hand shall
cruise or be operated within 1,500 feet of the southerly shoreline
of the Village of Ocean Beach.
B.
No boat or vessel shall moor, cruise or be operated
in or on the Great South Bay within 250 feet of the shoreline of the
Village of Ocean Beach, in an area formed by projecting the east line
of Bungalow Walk on the east and the west line of Ocean Road on the
west, northerly from the shoreline.
C.
It is the policy of the Village Board of Trustees
of Ocean Beach to regulate the wakes of ships, boats, watercraft and
water vessels within the Incorporated Village of Ocean Beach or along
the shoreline thereof or within 1,500 feet of the shoreline thereof
or anyplace in the water above where the bay bottom is owned and/or
leased by the Village in order to avoid the abuse of waterside village
facilities, the preservation of which is necessary for the well-being
of the Village inhabitants.
A.
No person shall, within 300 feet of the northerly
shoreline of the Village of Ocean Beach, operate a boat or vessel
for towing a person on water skis, a surfboard or similar device.
B.
No person shall, within 300 feet of the northerly
shoreline of the Village of Ocean Beach, ride on water skis, a surfboard
or similar device.
C.
No person shall ride on water skis, a surfboard or
similar device or use or operate a boat or vessel to tow a person
thereon within the waterways of the Great South Bay adjoining the
Village of Ocean Beach or within 150 feet of any public place or semipublic
bathing beach or public dock or within 50 feet of any swimmer or bather,
nor shall any such person engaged in such activities come within 300
feet of the northerly shoreline of the Village of Ocean Beach.
D.
No person shall swim, bathe or use or operate a surfboard
or similar device in any waters in the Village of Ocean Beach or within
1,500 feet of the shoreline of the Village of Ocean Beach in any area
where a lifeguard is not on duty.
A.
No person shall swim in the waters located within
1,500 feet south of the Village of Ocean Beach, except in areas as
may be designated and patrolled by on-duty lifeguards.
B.
No person shall utilize any snorkel or other underwater
breathing device while swimming in any of the waters in the Village
of Ocean Beach or within 300 feet of any shoreline of the village.
No person shall take off or land any aircraft
within the Harbor of the Village of Ocean Beach, as defined in Section
4.4.4 of the Village's LWRP.
The following rules and regulations shall apply
to the Ocean Beach Marina:
A.
Berth fees will not be refunded once a permit is issued.
In the event of a revocation of a permit by the Village, the paid
fee shall be considered the fee for the period space was assigned.
B.
No refuse, cans, bottles or material of any other
kind shall be thrown overboard or the toilet flushed or discharged
in the Marina.
C.
No oil or gasoline shall be pumped out of the bilges
or discharged into waters of the Marina.
D.
No one will be permitted to use a boat for living
quarters while in the Marina Basin.
E.
No person shall place or keep any boat, rigging or
material of any kind upon the bulkhead, bulkhead walk or upon the
property of the Village adjacent to the Marina.
F.
Boats shall be properly and safely tied so as to prevent
damage to bulkheads and adjacent boats. Extra care and precautions
should be taken in the event of a forecast of high winds and storms.
G.
Boats in the Marina shall proceed at all times at
the slowest possible speed (and in no event more than five miles per
hour), and there shall be no wake in the Marina when entering and
leaving.
H.
Space may not be sublet or assigned or used by any
person other than the applicant.
I.
Resident property owners in the Village of Ocean Beach
shall have priority in the issuance of permits.
K.
The boat owner shall affix to the boat, in a conspicuous
place, the numbers supplied by the Village to indicate the berth assigned.
No boat shall moor, tie up, dock at, land at
or enter into any boat basins, bulkheads or piers or upon any other
properties owned or operated by the Incorporated Village of Ocean
Beach adjoining or in the waters of the Great South Bay, except with
the consent of the Board of Trustees of said Village or in accordance
with any other local law of the Incorporated Village of Ocean Beach.
Any such consent shall be subject to all pertinent rules and regulations
promulgated by the Board of Trustees. Such consent may be revoked
by the Board of Trustees upon failure of any person to comply therein.
Upon such revocation or consent, the boat shall be removed immediately
from the boat basin, bulkheads, piers or other properties.
The dumping or discharging of oil, refuse, garbage,
paper or waste of any kind in the waters adjoining the shorelines
of the Village of Ocean Beach to a distance of 1,500 feet is prohibited.
A.
The Village of Ocean Beach Police Department is empowered
to enforce the provisions of this chapter. Every person in charge
of a vessel must at all times obey the lawful orders of a police officer.
B.
The Village Clerk/Administrator is empowered to issue
application and permit forms. The Village Board is authorized to promulgate
standards, rules, regulations and information as may be necessary
for the administration of this chapter.
A.
It shall be a violation of this chapter for any person
to refuse to move or stop on oral command or order of the police officers
exercising the duties lawfully assigned to them.
B.
Owners shall be responsible for their own conduct
and that of their vessel, and failure to abide by the laws or unseamanlike
conduct of master or crew may result in the immediate suspension of
the permit, in the discretion of the police officer.
C.
No person shall tie to or berth a vessel at a Village-operated
dock or bulkhead unless the determined user fee has been paid to the
Village for use and occupancy of such space by such vessel. Any person
who fails to move such vessel when ordered by the police, or any lawful
enforcing authority, shall be in violation of this chapter and subject
to its penalties. Each day that the violation continues shall constitute
a separate additional violation.
D.
Violations shall subject the violator to the penalties
imposed in this chapter. Said penalties shall include but are not
limited to immediate revocation of permit, fine or imprisonment.
[Amended 7-13-2019 by L.L. No. 03-2019]
In addition to or as may be limited by the laws
of the State of New York, a violation of any provision of this chapter
shall be punishable by immediate revocation of any applicable permit.
In addition to or as may be limited by the laws of the State of New
York, a violation of any provision of this chapter shall be punishable
by not more than 15 days' incarceration or a fine of no less than
$25 and not to exceed $500 for each violation. Each day of violation
shall be deemed a new violation and shall be treated accordingly.
The provisions of this chapter are hereby declared
to be severable, and, if any section, sentence, clause or phrase hereof
shall for any reason be held to be invalid, ineffective, in conflict
with regulations of the federal or state authorities or unconstitutional,
such decision shall not affect the validity of the remaining portions
hereof, but such portions shall remain in full force and effect.
[1]
Editor's Note: The Harbor Management Chart
is on file in the Village offices.
