No excursion boat nor any passenger from any excursion boat
shall land within the Village except at a place designated by the
Trustees and without first having obtained from the Village Clerk
permission for landing.
The Village Board shall have control over the filling or diversion
of streams, watercourses, ponds and creeks which would divert the
natural flow of water.
No person, firm or corporation shall place fill on any pond
or in any stream, watercourse or creek, or divert any water or any
stream, watercourse or creek from its natural course, unless and until
a permit shall have been applied for and secured from the Village.
In the exercise of its discretion to grant or deny any such
permit, the Village Board shall give consideration to the effect such
proposed filling or diversion may have on the drainage or welfare
of the Village of Huntington Bay and shall deny any such permit when
in its judgment the Village Board determines such proposed filling
or diversion is detrimental to the welfare of the Village of Huntington
Bay.
For the purposes of this article, small ponds with a surface
area at mean low-water level of 10 acres or less, located in the course
of a stream, watercourse or creek, shall be considered a part of such
stream, watercourse or creek, and the filling of any pond shall be
considered to be detrimental to the welfare of the owners of adjacent
land.
[Amended 1-9-1978 by L.L. No. 1-1978; 12-21-2001 by L.L. No. 2-2002]
Each offense against the provisions of this chapter or article
shall constitute a violation pursuant to the Penal Law of the State
of New York and shall be punishable as such. Any person or persons
violating any provisions of this chapter or article shall be liable
for and pay a fine of not less than $250 and not more than $1,000
for a conviction on each offense.
[Added 12-21-2001 by L.L. No. 2-2002]
If any part or provision of this chapter or the application
thereof to any person or circumstance be adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision or application directly involved
in the controversy in which such judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances,
and the Board of Trustees of the Incorporated Village of Huntington
Bay hereby declares that it would have passed this chapter or the
remainder thereof had such invalid application or invalid provision
been apparent.