[HISTORY: Adopted by the Suffolk County Legislature 3-9-1982 by L.L. No.
7-1982 (Ch. 287 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of certain local laws amending
these provisions are included at the end of this chapter.]
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[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any person who owns, controls, navigates, directs or supervises
a ferry, freight or garbage vessel, water limo or water taxi.
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.
A commercial enterprise providing transportation services
via ferry, water limo or water taxi in exchange for compensation.
A water taxi, the capacity of which is limited to eight persons.
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.
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.
A.
No ferry service operator, from one side of the water over which
it passes to the other, shall engage in the transportation of persons,
freight or property in the County of Suffolk unless a license and
franchise have been granted to such operator by the Suffolk County
Legislature.
[Amended 9-7-2022 by L.L. No. 37-2022]
B.
Application for a license and franchise shall be made by a verified
written petition to the Suffolk County Legislature and shall contain
such information as is required by the relevant New York State legislation.
Petitions for new licenses or renewal of existing licenses must be
filed with the Legislature between October 15 and December 15 of each
year. In the event of a demonstrated specific hardship or an emergency,
neither of which is self-imposed, the application for renewal of an
existing ferry license may be made outside of this period. Documentation
of the hardship or emergency must be submitted with the petition and
is subject to approval by the Presiding Officer of the Legislature.
The petition shall specify:
[Amended 5-7-2013 by L.L. No. 25-2013; 9-7-2022 by L.L. No. 37-2022]
(1)
The service to be rendered, including, a year-round schedule of ferry
service to be offered during the term of the license. Applications
for licenses from a service operator providing on-demand service either
cross-bay or laterally along the coastline, to and from fixed termini,
more commonly referred to as a "water taxi," shall provide a list
of the dates and hours of operation for service provision. Petitions
for licenses from water taxis and water limos providing on-demand
service to other than fixed termini shall provide a list of dates
and hours when service will be available.
(2)
The term of license and franchise request.
(3)
The identity of the petitioner.
(4)
Routes over which the petitioner proposes to provide service, including
the fixed termini, if any, between which the ferry service operations
are to be conducted.
(a)
Landing agreements associated with any fixed termini shall be included
as part of the petition documentation.
(b)
Petitions for licenses without fixed routes from a water taxi
or water limo providing on-demand service either cross-bay or laterally
along the coastline shall provide landing agreements for all locations
at which the operator intends to advertise and provide services to
and/or land or dock and/or discharge or pick up passengers regularly,
as well as maintain records of all private locations for which they
are provided temporary authority to land or dock and/or discharge
or pick up passengers by the private property owner. Such records
shall be maintained by the operator during the course of the license
and shall be subject to inspection by the County Legislature during
the term of the license as well as upon the filing of a renewal application.
(5)
That the watercraft will be kept within the County of Suffolk.
(6)
The numbers and names of the proposed watercraft to be employed by
the petitioner in the performance of said ferry service.
(7)
The names of owners of real estate through which that part of the
highway adjoining the ferry shall run.
(8)
The rates proposed to be charged by the petitioner for ferry service.
(a)
If said rates shall be the same as those previously authorized
by either a court or the Suffolk County Legislature, it shall be so
stated, and a certified copy of the order or resolution, as applicable,
shall be annexed to the petition as exhibits.
C.
The Suffolk County Legislature shall hold a public hearing in respect
to said petition for a license and franchise at a regular meeting
of the Suffolk County Legislature, to afford a reasonable opportunity
to all interested persons to make objections thereto or to suggest
changes therein, with notice of said hearing to be published in the
official newspapers of the County in accordance with Article II of
the Administrative Code. The grant of a license and franchise to operate
a ferry service in the County of Suffolk shall be effectuated by the
adoption of a resolution by the Suffolk County Legislature. Such a
resolution shall require the affirmative vote of a majority of the
total membership of the Suffolk County Legislature. The license and
franchise may be granted on such terms and conditions as may be required
by the Suffolk County Legislature.
D.
A license and franchise granted by the Suffolk County Legislature
shall remain in effect during the term specified therein unless terminated
as herein provided. Upon application of the licensee or franchisee
or on the motion of the Suffolk County Legislature, the license and
franchise may be amended or surrendered or revoked, in whole or in
part, for failure to comply with the terms of the license and franchise,
including a substantial reduction to the ferry service schedule, any
provisions of this chapter or of any relevant law or regulation governing
the operation of ferry service operators. A license may be amended,
revoked or surrendered only after a public hearing has been held before
the Suffolk County Legislature. Upon a motion of the Suffolk County
Legislature to revoke or amend a license, the licensee shall be given
seven days’ written notice of the public hearing. All licenses
shall be issued for a length of time as determined by the Legislature,
not to exceed five years.
[Amended 5-7-2013 by L.L. No. 25-2013; 9-7-2022 by L.L. No. 37-2022]
(1)
All
ferry service operators will file with the Clerk of the County Legislature
their summer, fall, winter and spring schedules of service, either
electronically or by certified United States mail, within five business
days of their publication to the public. Ferry operators shall notify
the Clerk of any changes made to these schedules during a season.
Ferry operators will not be required to file a schedule for a season
during which they do not operate their ferry service.
(2)
For
the purposes of this section, a "substantial reduction" of ferry service
shall mean a twenty-percent reduction in round-trips between terminals
during the course of a year or a forty-percent reduction in round-trips
between terminals during a season. Reductions in service will be calculated
by comparing the schedule of service submitted by a ferry operator
at the time its license is approved or renewed and the seasonal schedules
of service that are submitted by a ferry operator. Individual trips
cancelled due to inclement weather, emergencies and Acts of God shall
not be considered in calculating a reduction in service.
E.
The license and franchise shall set forth the rates to be charged by the ferry service operator for the transportation of persons and property and the schedule of ferry services to be provided. The petition for a license and franchise shall comply with the provisions of § 455-3 of this chapter, if applicable.
[Amended 5-7-2013 by L.L. No. 25-2013]
A.
An application for the establishment, alteration, reduction, change or modification of a ferry service rate shall be commenced by the filing of a written verified petition with the Clerk of the Suffolk County Legislature. Applications for the establishment of rates submitted in conjunction with a petition to establish a new operator's license must conform to the filing time period established in § 455-3B of this chapter. Applications for establishment, alteration, reduction, change or modification of rates associated with existing operator's licenses may be submitted for consideration at any time.
[Amended 9-7-2022 by L.L. No. 37-2022]
B.
Simultaneously therewith, the applicant shall file an additional
copy of said petition with the Legislative Budget Review Office.
[Amended 9-15-2011 by L.L. No. 49-2011]
C.
All such petitions shall be supported by a certified audited financial
statement for each of the last two fiscal years and shall include:
D.
The report of the certified or licensed public accountant shall include
a statement that the examination was made in accordance with generally
accepted auditing standards and that the financial statements submitted
by the applicant are in accordance with generally accepted accounting
principles applied on a consistent basis. This report shall contain
a representation and documentary evidence that the accountant or accounting
firm has undergone a peer/quality review pursuant to the procedures
of the American Institute of Certified Public Accountants within the
past five years.
[Amended 9-22-1994 by L.L. No. 17-1994]
E.
Each applicant shall maintain adequate accounting records to permit
the preparation of the required audited financial statements. Such
financial accounting records shall include, but not be limited to,
the following records and procedures:
F.
Financial accounting procedures shall be designed to ensure the reliability
and integrity of the accounting records.
(1)
A "disclaimer of opinion" or an "adverse opinion" by the certified
or licensed public accountant shall not be acceptable to the Legislature
for purposes of acting on the merits of the petition.
(2)
A "qualified opinion" may be acceptable to the Legislature, depending
on the reason for and significance of those factors leading to this
opinion.
(3)
An "unqualified opinion" will be acceptable to the Legislature, but
shall not be conclusive evidence of the adequacy of the petition for
the purpose of granting the relief requested.
G.
Upon receipt of a petition for the establishment, alteration, reduction,
change or modification of a ferry service rate, the Legislative Budget
Review Office is hereby authorized to commence its review of the petition
and to issue a report concerning said petition. The Legislative Budget
Review Office is hereby authorized to inspect and examine any and
all financial accounting records, accounts, books, contracts, documents,
papers and procedures connected with the rate-setting process. The
Suffolk County Legislature shall not hold a public hearing upon a
petition which contains a request for the establishment, alteration,
modification or change of a ferry service rate until 15 calendar days
following the filing of the report and recommendation of the Legislative
Budget Review Office with the Clerk of the Legislature. The report
and recommendation shall be filed with the Clerk of the Legislature
within 45 days after the petition and supporting financial statements
have been filed with the Clerk of the Suffolk County Legislature and
received by the Legislative Budget Review Office.
[Amended 9-15-2011 by L.L. No. 49-2011]
H.
The Legislative Budget Review Office, in carrying out its obligation
under this section, may make inquiry into any financial transactions
between any subsidiary, affiliate or parent firm or corporation of
the petitioner. Such financial information shall be deemed privileged
information and shall not be disclosed to the public except by reference
as to the propriety of any particular transactions.
[Amended 9-15-2011 by L.L. No. 49-2011]
I.
Those ferry companies which elect to exercise the right to alter
fares by applying the transportation component of the consumer price
index for all urban consumers—New York and northeastern New
Jersey must so notify the Clerk of the County Legislature in writing
at least 60 days prior to the actual utilization of such index or
of such intention to use the index.
[Added 4-8-1986 by L.L. No. 10-1986]
A.
Upon written request from a person, firm, organization, corporation, municipality and/or governmental agency that information obtained under this chapter, other than privileged information, be made available, the Legislative Budget Review Office shall mail such documents to said person or entity. The report prepared under § 455-4G of this chapter shall be mailed simultaneously with the filing of this report to any person, firm, organization, corporation, municipality and/or governmental agency which has requested information under this section.
[Amended 9-15-2011 by L.L. No. 49-2011; 9-7-2022 by L.L. No. 37-2022]
B.
Failure to mail such petitions shall not constitute grounds to adjourn
any scheduled public hearing unless it shall be determined by a vote
of a majority of the total membership of the Legislature that such
failure has resulted in unreasonable hardship to the parties involved.
[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.
