[Amended 5-11-2021 by L.L. No. 7-2021]
The location of mooring, anchoring and recreation areas are
as indicated on the Harbor Management Chart. The use thereof and the
types of mooring and anchoring permitted are subject to standards
and regulations recommended by the Harbor Master and approved by the
Village Board of Trustees. Location and use conditions for moorings
and permitted anchoring may be stated on the mooring or anchoring
permit.
A.
Except as provided herein for mooring areas in the Outer Management
Area, no person shall place a mooring or mooring tackle or moor a
vessel without first obtaining a mooring permit from the Village Harbor
Master. Such permit shall be applied for on forms to be supplied by
the Village and shall be accompanied by an application fee, where
applicable, as shall be fixed from time to time by resolution of the
Board of Trustees. Proof of insurance shall be required as a condition
for obtaining a permit. Upon receipt of a properly prepared application,
the Village Harbor Master shall determine if the application is complete
and, if so, shall process the application. No application shall be
deemed complete until the permit fee, if required, is paid. The permit
shall expire on October 31 in the year issued.
[Amended 5-11-2021 by L.L. No. 7-2021]
B.
The owners of all moorings, including moorings maintained by private
boating and yacht clubs for use by members, guests and transient boaters,
are required to obtain a permit from the Village Harbor Master.
C.
Permits for the use of individual private moorings shall be issued
to the owner of the vessel to be moored.
D.
No person
shall secure a vessel to a mooring except to a mooring for which the
vessel has a permit or has otherwise obtained written permission from
the Village Harbor Master, unless such permission is granted by the
Harbor Master under emergency circumstances and then verbal permission
is sufficient.
[Added 4-12-2011 by L.L. No. 4-2011; amended 5-11-2021 by L.L. No. 7-2021]
E.
Specific regulations for the Outer Management Area. In any areas
designated as mooring and anchoring areas in the Outer Management
Area the following regulations shall apply:
[Added 5-11-2021 by L.L.
No. 7-2021]
(1)
All vessels mooring or anchoring in the Outer Management Area planning
to stay for 48 consecutive hours or more shall contact the Harbor
Master via telephone or email to provide emergency contact information,
intended length of stay, and other information the Harbor Master deems
pertinent for registration.
(2)
All vessels moored or anchored for the season or for a cumulative
period of more than seven days during the same season shall be required
to obtain a permit for the vessel.
(3)
Commercial vessels and foreign registry vessels mooring or anchoring
within the Outer Management Area for more than 24 cumulative hours,
within one season, shall contact the Harbor Master via telephone or
email and complete a Port Security Form, permit application, or such
other form as the Harbor Master may deem necessary based on the size
of the vessel and type of activity, or as may be otherwise required.
(4)
Moorings may be owned by persons or entities other than the owner
of the vessel that will be using the moorings. The mooring owner shall
obtain a permit for the mooring.
(5)
The owners of moorings being used by transient or short-term use
vessels with permission of the owner shall be responsible for any
damage caused by the vessel using the mooring, while moored, in the
process of mooring, or breaking loose from said mooring, except where
the visiting vessel has provided to the mooring owner and Village
Harbor Master ownership contact information and proof of sufficient
insurance covering liability, including environmental damage. In any
case, the mooring owner shall obtain and make available to the Harbor
Master, on request, ownership, contact, insurance and live aboard
information for the individuals and vessel using the mooring. If proof
of insurance coverage has not been provided or does not exist, the
mooring owner will be held responsible.
(6)
The Village Board shall require proof of insurance as a condition
of any permit issued hereunder.
[Amended 4-28-2005 by L.L. No. 7-2005]
A.
No person shall moor any vessel except in designated areas as shown
on the Harbor Management Chart unless the vessel is secured to a dock,
at a marina or yacht club or at a mooring accessory to a waterfront
residential use. (One such mooring is allowed per property.)
B.
No person shall moor any vessel, whether to mooring tackle or a pier
or dock, in such a manner that it lies within the lines of any channel,
swimming area, buffer area, turning basin or within 50 feet of a channel
marker or in a manner that interferes with the full use of a channel,
except in cases of emergency.
C.
No person shall moor any vessel within 1,500 feet of the shoreline
east of the breakwater to the eastern boundary of the Village of Sag
Harbor (as shown on the Harbor Management Chart), except at a mooring
accessory to a waterfront residential use where such mooring lies
within 500 feet of the shoreline. One mooring is allowed per property.
(1)
The location and number of moorings shall be set by the Harbor Master
as permitted by the provisions of this chapter.
(2)
In assigning moorings, the Harbor Master shall give first priority
to waterfront property owners; residents in waterfront communities
or associations shall receive second priority.
(3)
The length of a boat at a mooring accessory to a waterfront residential
use shall not exceed 26 feet long.
D.
The Harbor Master may, in his discretion, permit the temporary anchoring
of vessels under 26 feet long for over 12 hours. The Harbor Master
may also, in his discretion, restrict anchoring where necessary to
preserve the health, safety and welfare of the public, environmental
conservation and the continuation of traditional waterfront uses.
E.
No person shall dock, moor or anchor any vessel in such a manner
that it lies within the lines of any channel, swimming area, turning
basin, buffer area, mooring area, or within Upper Sag Harbor Cove
or Morris Cove, and in no case shall any person anchor a vessel within
50 feet of a channel marker or in a manner that interferes with the
full use of any channel, except in cases of emergency.
[Amended 5-11-2021 by L.L. No. 7-2021]
F.
Any vessel or float moored or anchored in violation of any part of
this section shall be removed by the owner or person in charge thereof
on written notice of the Harbor Master or the Village police. If the
vessel or float is not removed after the Harbor Master or Village
Police Department provides written notice to the owner, that vessel
or float may be removed at the direction of the Village Board of Trustees
after a hearing upon five days' notice. The notice in either instance
shall be served by mail upon the owner of the vessel or float at the
last known address of the owner and shall also be attached to the
vessel. All expenses incurred by the Village, including reasonable
attorney's 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
as may be prescribed by or imposed under this chapter or under any
other law, ordinance, rule or regulation of the Village.
G.
No person shall moor or anchor a vessel or float that will endanger
the safety of or cause damage to any vessel previously moored or anchored.
The Harbor Master shall have authority for reasons of safety to direct
and order that the location or position of moorings within a mooring
area be changed. The Harbor Master shall give notice to the owner
or operator of the vessel using such mooring, and compliance shall
be required within 10 days thereof. Failure to comply with such direction
or order of the Harbor Master by any person shall be a violation of
this section.
H.
Changes or limitations on mooring and anchoring areas.
Changes in designated mooring, anchoring, and recreation areas
may be made by resolution of the Village Board, including limitations
on the number, size, type, use, and location of vessels allowed in
any mooring or anchoring area, as necessary due to changing environmental
conditions, conditions harmful to the environment, undue congestion
or other hazards to the environment, public safety, marine life, or
for any other reason.
[Added 5-11-2021 by L.L.
No. 7-2021]
A.
No person shall anchor or moor any float without a permit obtained
from the Village. Such permit shall be applied for on forms to be
supplied by the Village and shall be accompanied by an application
fee as shall be fixed from time to time by resolution of the Board
of Trustees.
B.
All floats shall be anchored or moored in such a way as to be secure
at all times and under all conditions, and such mooring shall be subject
to approval and supervision by the Harbor Master.
[Amended 5-11-2021 by L.L. No. 7-2021]
A.
No person shall live aboard a vessel or on any other floating structure
over the water except on a vessel moored at a marina or in a designated
mooring area between April 1 and October 31.
B.
No house barges or floating homes that cannot move under their own
power shall be permitted within the waterways of the Village of Sag
Harbor, including the Outer Management Area.
[Amended 4-28-2005 by L.L. No. 7-2005; 12-8-2009 by L.L. No.
10-2009]
A.
Any vessel which becomes a menace to public safety or navigation
or becomes unseaworthy or sinks, grounds or otherwise becomes disabled
shall be removed by the owner or person in charge thereof on written
order of the Harbor Master or Village Police Department. If the vessel
is not removed within five days after the order, the vessel may be
removed by the Harbor Master or Village Police Department. The notice
shall be served upon the owner of the vessel by mail at the last known
address of the owner and shall also be attached to the vessel. All
expenses incurred by the Village, including reasonable attorneys'
fees, shall be paid by the owner of the vessel, and the Village may
enforce that obligation by civil action. Such expenses shall be in
addition to, and not in lieu of, any penalties as may be prescribed
by or imposed under this chapter or under any other law, ordinance,
rule or regulation of the Village and the laws of the State of New
York.
[Amended 5-11-2021 by L.L. No. 7-2021]
B.
Where it reasonably appears that there is present a clear and imminent danger to the life, safety or health of any person or property unless the vessel is immediately removed, the Village Board may, by resolution, authorize the Harbor Master or Village Police Department to immediately cause the removal of such vessel. The expenses of such removal incurred by the Village shall be a charge to the owner and shall be assessed, levied and collected as provided in Subsection A of this section.
[Amended 4-28-2005 by L.L. No. 7-2005]
A.
The Village police officers and the Harbor Master are empowered to
enforce the provisions of this chapter, and every person in charge
of a boat navigating or using the waterways of the Village shall at
all times obey the lawful orders of a police or peace officer and
the Harbor Master.
B.
The Harbor Master is empowered to issue application forms, permit
forms, mooring tackle standards and otherwise promulgate such forms
and information as may be necessary for the administration of this
chapter.
[Amended 4-28-2005 by L.L. No. 7-2005; 8-8-2017 by L.L. No. 11-2017]
A.
All persons, firms or corporation in violation of §§ 278-8A and 278-6E of this Chapter 278 shall be subject to a minimum fine of $800 and shall answer or appear on or before 15 days from the date of issuance. Each day a violation continues shall be deemed to constitute a separate offense.
(1)
Upon failure of a person to appear or answer on or before the return
period or any subsequent adjourned date, such person shall be subject
to the following surcharges, in addition to the prescribed fines:
(a)
If the aforementioned fine shall not be paid within 15 days
from the date summons was issued, a late penalty equal to 1/2 the
original fine shall be added to the fine; and
(b)
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
(c)
If the fine is still not paid within 90 days from the date the
summons was issued, an additional penalty of $200 shall be added to
all other fines and penalties previously assessed.
B.
Any person, firm or corporation violating any other provisions of
this chapter shall, upon conviction thereof, be subject to a fine
not exceeding the sum of $1,000 for any offense, and each day that
a violation continues shall be deemed to constitute a separate offense.
