This chapter shall be cited as the "Waterways Law of the Village
of Sag Harbor."
As used in this chapter, the following terms shall have the
meanings indicated:
AIRCRAFT
A machine, heavier than air, used for navigation in the air
that is supported by the dynamic reaction of the air against its surfaces.
The term "aircraft" includes fixed-wing airplanes that are driven
by a propeller or by a high-velocity jet and helicopters whose support
in the air is derived chiefly from the aerodynamic forces acting on
one or more rotors turning about substantially vertical axes.
ANCHOR or ANCHORING
To secure a vessel temporarily to the bottom of a water body
by dropping an anchor or anchors or other ground tackle from a vessel.
[Amended 5-11-2021 by L.L. No. 7-2021]
ANCHORING AREA
Areas within the Harbor Management Area designated for or
where anchoring may be permitted.
[Added 5-11-2021 by L.L.
No. 7-2021]
ANCHORING, LONG-TERM
Anchoring for periods of longer than 12 consecutive hours
that may be permitted and regulated in areas designated for mooring
and/or anchoring long term, as designated on the Harbor Management
Chart.
[Added 5-11-2021 by L.L.
No. 7-2021]
ANCHORING, SHORT-TERM
Anchoring for a cumulative period of 12 hours or less with
no overnight anchoring permitted.
[Added 5-11-2021 by L.L.
No. 7-2021]
BREAKWATER
The rock jetty that separates the inner harbor area from
the outer management area.
[Added 5-11-2021 by L.L.
No. 7-2021]
BUFFER AREA
An area 15 feet wide immediately adjacent to the outside
lines of channels, basins and mooring areas; and an area 25 feet wide
immediately adjacent to public swimming areas, as shown on the chart.
CHANNEL
Water areas specifically reserved for unobstructed movement
of vessels and marked in the water by aids to navigation. Channels
are depicted on the Village of Sag Harbor chart.
COMMERCIAL ACTIVITY
Activities normally designed to generate income or associated
with business use, excluding traditional fishing and shellfishing
not regulated under this chapter.
[Added 5-11-2021 by L.L.
No. 7-2021]
COMMERCIAL VESSEL
A vessel whose primary use is other than private owner recreational
activity.
[Added 5-11-2021 by L.L.
No. 7-2021]
DISCHARGE
The disposal of sewage from a vessel by any method into the
water.
[Added 7-13-2004 by L.L. No. 4-2004]
FAIRWAY
The area outside of the breakwater, within the Harbor Management
Area, designated as a fairway on the Harbor Management Chart, that
is between 500 feet and 1,500 feet from shore. The fairway shall be
delineated with speed limit buoys situated 500 feet from shore and
marker buoys situated 1,500 feet from shore as shown on the Harbor
Management Chart. There shall be no mooring or long-term anchoring
in this area, which is reserved for boat traffic and other recreational
activities.
[Added 5-11-2021 by L.L.
No. 7-2021]
FLOAT
A structure buoyant on the water's surface, anchored to the
underwater land by cables or lines, which provides an offshore surface
for swimmers, storage of small vessels or other purposes.
FLOATING HOME
Any vessel in fact used, designed or occupied as a dwelling
unit, business office or source of any occupation or for any private
or social club of whatsoever nature, including but not limited to
a structure constructed upon a barge primarily immobile and out of
navigation which functions substantially as a land structure while
the same is moored or docked within the harbor management area of
the Village of Sag Harbor, whether such vessel is self-propelled or
not.
GARBAGE
Waste or refuse, other than vessel sewage, commonly known
as "garbage," which may contain both liquid and solid materials.
[Added 5-11-2021 by L.L.
No. 7-2021]
GREY WATER
Vessel water or mixed fluid discharge other than that defined
as "vessel waste" or "sewage."
[Added 5-11-2021 by L.L.
No. 7-2021]
HARBOR COMMITTEE
The Harbor Committee of the Village of Sag Harbor.
[Added 5-11-2021 by L.L.
No. 7-2021]
HARBOR MANAGEMENT AREA
All surface waters, inlets, bays and coves, including the
area between the mean high and mean low water mark, within or bounding
the Village of Sag Harbor to a distance of 1,500 feet from the shore
or less, as such waters are designated on the Harbor Management Chart,
including the areas of expanded jurisdiction beyond 1,500 feet from
shore authorized by amendment to the State Navigation Law § 46-a
in 2016 as shown on the Harbor Management Chart.
[Amended 5-11-2021 by L.L. No. 7-2021]
HARBOR MANAGEMENT AREAS
The Harbor Management Area shall be divided into four regulatory
areas known as the Inner Harbor Area, the Cove Area, the Outer Management
Area, and the Recreation Area, and their locations are defined as
follows:
[Added 5-11-2021 by L.L.
No. 7-2021]
B.
THE COVE AREAThe areas on the south or west side of the North Haven Bridge.
D.
THE RECREATION AREAThe area to the east of the Outer Management Area generally reserved for recreational activities, including fishing and shellfishing, where short-term anchoring is permitted.
HARBOR MANAGEMENT CHART, VILLAGE OF SAG HARBOR
The maps prepared by Nelson, Pope & Voorhis dated August
11, 2020, designated as "Harbor Management Charts 1 & 2," as may
be amended from time to time by the Village Board. The charts may
not be used for navigation purposes.
[Amended 4-28-2005 by L.L. No. 7-2005; 5-11-2021 by L.L. No. 7-2021]
HARBOR MANAGEMENT PLAN
A plan for the Harbor Management Area comprised of the policies,
goals, objectives, standards and the Harbor Management Chart.
[Amended 5-11-2021 by L.L. No. 7-2021]
HARBOR MASTER
The Harbor Master appointed by the Village Board of Sag Harbor,
who is a peace officer pursuant to § 2.10, subdivision 19,
of the New York State Criminal Procedure Law.
MARINE SANITATION DEVICE, MARINE TOILET or MARINE HEAD
Any equipment on board a vessel or watercraft which is designed
to receive, retain, treat or discharge sewage, and any process to
treat such sewage; any such equipment that has been permanently sealed
and made inoperable is exempted from this definition.
[Added 7-13-2004 by L.L. No. 4-2004]
MOOR
To attach a vessel to a pier or dock or other structure or
to attach a vessel to the ground or lands underwater by means of tackle
so designed that, when such attachment is terminated, some portion
of the tackle remains below the surface of the water and is not under
the control of the vessel or its operator.
MOORING AREA
The areas designated by the Village of Sag Harbor, as shown
on the Harbor Management Chart, that are reserved specifically for
the mooring and long-term anchoring of vessels.
[Amended 5-11-2021 by L.L. No. 7-2021]
B.
MOORING AREA, OUTER MANAGEMENT AREAThat area or areas outside of the breakwater designated as mooring, anchoring, short-term or long-term anchoring areas, as shown on the Harbor Management Chart.
C.
MOORING AREA, EASTERN SHORELINEThat area shown on the Harbor Management Chart traditionally reserved for mooring and anchoring by area residents in front of waterfront homes, as shown on the Harbor Management Chart.
MOORING DEVICE
A permanent or semipermanent 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 vessels.
PERSONAL WATERCRAFT
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.
PERSONS
Those, including individuals, partnerships, corporations,
associations or any other legal entity, using the facilities and areas
within the harbor management area and subject to the provisions of
this chapter.
SEWAGE
All human body wastes.
[Added 7-13-2004 by L.L. No. 4-2004]
SHORELINE
The line of the shore depicted on the Harbor Management Chart
at mean high water.
[Amended 5-11-2021 by L.L. No. 7-2021]
SPECIALTY PROP-CRAFT
A vessel which is powered by an outboard motor or a propeller-driven
motor, 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.
SPEED
The speed of a vessel as measured in slack water in statute
miles.
SWIMMING AREA
A water area designated on the Village of Sag Harbor chart
set aside for swimming.
TURNING BASIN
An area in the harbor, other than a federally or locally
designated channel, commonly used as an open accessway between marine
structures, designated channels, mooring areas, and other areas designated
on the Harbor Management Chart.
[Added 4-28-2005 by L.L. No. 7-2005; amended 5-11-2021 by L.L. No. 7-2021]
VESSEL
Includes every description of vessel and watercraft or other
contrivance used or capable of being used as a means of transportation
in the water, including seaplanes and personal watercraft. Specifically
excluded from this definition are floating homes.
VESSEL OWNER
Includes the person under whose name the vessel was last
registered in accordance with the provisions of 46 U.S.C., Chapters
121-125, or the Motor 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 him to such possession.
VESSEL WASTE
Sewage from a marine toilet, marine sanitation device, marine
head.
[Added 7-13-2004 by L.L. No. 4-2004]
VILLAGE BOARD
The Board of Trustees of the Village of Sag Harbor.
WATERWAY
All waters within the municipal limits of the Village of
Sag Harbor or otherwise subject to its jurisdiction.