[HISTORY: Adopted by the Town Board of the Town of Smithtown as Ch. 2 of the 1964 Code; amended in its entirety 11-27-1984. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONED VESSEL
Includes any vessel, float, houseboat, raft, catamaran or buoy which remains unmoved in the same location at any public dock, wharf, marina, bulkheading, berth or slip, when no specific permission has been granted by the Town of Smithtown, for a period of five days.
Any person, association, partnership or corporation being the owner or custodian of an abandoned vessel as described in § 303-1 herein shall be deemed to have abandoned such vessel, unless the vessel shall have been reported as missing or stolen to the police within 48 hours after the owner or custodian knew or should have known that the vessel was missing or stolen. Such owner or custodian shall be guilty of an offense punishable by a fine not exceeding $500 or imprisonment not exceeding 30 days, or both; however, for the purposes of conferring jurisdiction upon courts and judicial officers generally, such violation shall be deemed a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations.
Any abandoned vessel within the unincorporated area of the Town of Smithtown is hereby declared to be a public nuisance and shall be taken into custody by the Town Board or any department or employee of the Town of Smithtown designated by it, including but not limited to the Superintendent of Highways. Said vessel shall be removed to such public storage place as shall be designated by the Town Board for such purpose.
A. 
The Town Clerk shall post conspicuously, in at least three public places, notice that such vessel has been taken into custody and requesting the owner to redeem the same.
B. 
In the event that the owner's address is known, the Town Clerk shall notify the owner by certified mail, return receipt requested, that said abandoned vessel has been taken into custody and requesting the owner to redeem the same.
C. 
In the event that the owner shall fail or refuse to redeem such abandoned vessel within 30 days after such posting and mailing, if the address of the owner is known, then the Town Board shall cause the same to be sold as herein provided.
The sale of any abandoned vessel shall be a public sale, upon notice of such sale being posted conspicuously in at least three public places within the Town of Smithtown not less than 10 days prior to the date of sale. The Town Board may cause such additional publicity of such sale as in its discretion the Town Board shall deem necessary.
The owner of any abandoned vessel taken into custody hereunder may redeem the same upon the payment to the Town of Smithtown of all reasonable and necessary expenses incident to the removal, custody and storage of such vessel and upon presentation of proof of ownership satisfactory to the Town Board.
The proceeds of any sale hereunder, less the reasonable and necessary charges and expenses incident to the removal, custody and sale of such abandoned vessel, shall be deemed abandoned property, subject to the provisions of the Abandoned Property Law.
This chapter shall be known as and may be cited as the "Abandoned Vessel Ordinance of the Town of Smithtown."