The purpose of this chapter is to carry out the licensing and
rate-setting functions imposed on the Suffolk County Legislature by
§ 131-g of the Highway Law, Article 8 of the Navigation
Law and Article 6 of the Transportation Corporations Law. This Legislature
intends to establish reasonable requirements for the provision of
continuous and adequate ferry service in the County of Suffolk and
reasonable rates.
[Added 9-7-2022 by L.L. No. 37-2022]
As used in this chapter, the following terms shall have the
meanings indicated:
FERRY
Any public vessel, as defined herein, including watercraft
used for conveying passengers, and their property, on schedules, from
fixed termini, water limos and water taxis.
OPERATOR
Any person who owns, controls, navigates, directs or supervises
a ferry, freight or garbage vessel, water limo or water taxi.
PUBLIC VESSEL
Includes every vessel which is propelled in whole or in part
by mechanical power and is used or operated for commercial purposes
on the navigable waters of the state; that is carrying passengers,
and any property they have with them, for which a compensation is
received, either directly or where provided as an accommodation, advantage,
facility or privilege at any place of public accommodation, resort
or amusement.
SERVICE
A commercial enterprise providing transportation services
via ferry, water limo or water taxi in exchange for compensation.
WATER LIMO
A water taxi, the capacity of which is limited to eight persons.
WATER TAXI
A watercraft for hire with legal capacity of no more than
37 persons, either on a schedule or unscheduled run, but excluding
watercraft owned by any person providing regular ferry service.
WATERCRAFT
A vessel used for or capable of being used as a means of
transportation in, over or upon water, including ferries, water taxis
and water limos.
[Added 12-7-2004 by L.L. No. 44-2004; amended 9-7-2022 by L.L. No. 37-2022]
In the event that a sworn statement alleging a violation of §
455-3 of this chapter is filed in the office of the Clerk of the Legislature, then the Clerk of the Legislature shall set a date for a hearing on the alleged violation, which date shall be no more than 90 days from the date of filing and which date may be adjourned upon consent. A hearing shall be held before a panel consisting of the Clerk of the Legislature or his designee, the Director of Budget Review or his designee, and the Commissioner of Public Works or his designee. Upon completion of the hearing, the hearing panel shall make findings and a recommendation to the Legislature, which may adopt such findings and recommendation by procedural motion.
[Amended 12-7-2004 by L.L. No. 44-2004; 9-7-2022 by L.L. No. 37-2022]
A. Any violation of §
455-3 shall constitute an offense and shall be punishable by a fine not to exceed $500 for a violation. Each violation shall constitute a separate and distinct offense.
B. A civil penalty in the amount of $500 for the first offense and $1,000 for any offense thereafter shall be imposed for any violation of §
455-3 of this chapter.
C. If the Suffolk County Legislature revokes a license or franchise under §
455-3 of this chapter, then it may also impose a civil fine not to exceed $1,500.
D. Enforcement.
This chapter shall be enforced by the Suffolk County Police Department,
the Suffolk County Sheriff's Department and sworn officers of
an authorized police department or force of a town or village within
the geographic boundaries of Suffolk County.
The provisions of this chapter shall apply to any petition or
application filed subsequent to the effective date of this chapter.