This chapter shall be cited as the "Waterways Law of the Village
of Sag Harbor."
A.
Sag Harbor supports a wide range of public and private in-water uses,
including recreational and commercial boating, anchorage and mooring
areas, recreational fishing and swimming, marinas and yacht clubs,
passenger ferry service, charter vessels and commercial and recreation
shellfishing. The Village of Sag Harbor finds that in order to manage
the efficient use of the harbor, ensure the safety of commercial and
recreational navigation in the waters or waterways of the Village
of Sag Harbor or waters adjacent to the Village of Sag Harbor, protect
access to marketable shellfish and provide for equitable allocation
of the water's surface for a variety of uses, this chapter of the
Code of the Village of Sag Harbor should be amended to implement a
harbor management plan.
B.
The operation and mooring of vessels in Sag Harbor, the safe and
efficient use of space within the harbor, and the maintenance of available
shellfish beds for human consumption being a matter affecting the
public interest are and should be subject to the regulatory controls
hereinafter set forth. The purpose of this chapter is to establish
standards, requirements and procedures for the safe and sanitary operation
of vessels; mooring of vessels; regulation of matters relevant to
safety, sanitation and environmental conservation within waters bounding
the Village of Sag Harbor; and to implement a harbor management plan
for the use of surface waters and underwater lands within the harbor.
A.
This chapter is adopted pursuant to § 46-a of the Navigation
Law, § 10 of the Municipal Home Rule Law and Article IX
of the State Constitution.
B.
The provisions of this chapter shall, except when prohibited by the
laws of the United States, apply to 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]
C.
All provisions of the Navigation Law of this state, of the inland
rules enacted by Congress and governing the navigation of the inland
waters of the United States, and the Pilot Rules for United States
inland waters applicable to the channel systems relative to the rules
for vessels passing each other as to lights on vessels and other matters
consistent with the proper use of the channel systems shall be complied
with by all persons operating or in control of a vessel navigating
within the harbor management area.
D.
This act shall not impair any rights which the Trustees of the Freeholders and Commonality of the Town of East Hampton may possess now or in the future, whether of ownership or management, concerning bottom-lands within the areas of expanded regulatory jurisdiction granted to the Village of Sag Harbor by the State of New York as described in § 278-3B of this chapter and as depicted on the Harbor Management Chart as defined herein. To the extent said expanded area lies within the boundaries of the Town of East Hampton and outside the Village of Sag Harbor's jurisdiction prior to the enactment of this legislation, any regulations which the Village shall enact regarding said area shall be uniform as between residents of the Village and the residents of the Town of East Hampton.
[Added 5-11-2021 by L.L.
No. 7-2021]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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]
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 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 for a cumulative period of 12 hours or less with
no overnight anchoring permitted.
[Added 5-11-2021 by L.L.
No. 7-2021]
The rock jetty that separates the inner harbor area from
the outer management area.
[Added 5-11-2021 by L.L.
No. 7-2021]
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.[1]
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.
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]
A vessel whose primary use is other than private owner recreational
activity.
[Added 5-11-2021 by L.L.
No. 7-2021]
The disposal of sewage from a vessel by any method into the
water.[2]
[Added 7-13-2004 by L.L. No. 4-2004]
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]
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.
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.
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]
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]
The Harbor Committee of the Village of Sag Harbor.
[Added 5-11-2021 by L.L.
No. 7-2021]
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]
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]
THE INNER HARBOR AREAThe area inside the breakwater and the area located northeast of the North Haven Bridge.
THE COVE AREAThe areas on the south or west side of the North Haven Bridge.
THE OUTER MANAGEMENT AREAThe area outside the breakwater as depicted on the Harbor Management Chart, excluding the Recreation Area.
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.
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]
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]
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.
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]
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.
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]
MOORING AREA, INNER HARBORThat area designated for the mooring of vessels inside the breakwater.
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.
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.
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.
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.
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.
All human body wastes.
[Added 7-13-2004 by L.L. No. 4-2004]
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]
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.
The speed of a vessel as measured in slack water in statute
miles.
A water area designated on the Village of Sag Harbor chart
set aside for swimming.
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]
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.
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.
Sewage from a marine toilet, marine sanitation device, marine
head.
[Added 7-13-2004 by L.L. No. 4-2004]
The Board of Trustees of the Village of Sag Harbor.
All waters within the municipal limits of the Village of
Sag Harbor or otherwise subject to its jurisdiction.
