Town of Oyster Bay, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Oyster Bay: Art. I, as Ch. 5 of the 1971 Code, amended in its entirety 3-13-1973; Art. II, 7-5-1994 by L.L. No. 2-1994. Sections 241-2B, 241-3B and 241-19 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 93.
Environmental quality review — See Ch. 110.
Flood damage prevention — See Ch. 121.
Licenses and permits — See Ch. 147.
Peddling and soliciting — See Ch. 173.
Plumbing — See Ch. 180.
Shellfish and marine life — See Ch. 196.
Zoning — See Ch. 246.
Article I General Provisions

§ 241-1 Prohibited locations for swimming and boating.

§ 241-2 Water activities and mooring at St. Mark's Place.

§ 241-3 Water activities and mooring at Clocks Boulevard.

§ 241-4 Definitions.

§ 241-5 Legislative findings.

§ 241-6 Applicability.

§ 241-7 Compliance with state and federal regulations.

§ 241-8 Powers and duties of Town Board.

§ 241-9 Pollution.

§ 241-10 Waterskiing.

§ 241-11 Operation of vessels.

§ 241-12 Skin diving.

§ 241-13 Muffler required for certain engines.

§ 241-14 Town not liable for loss or theft of property.

§ 241-15 Hawking and peddling on vessels.

§ 241-16 Enforcement.

§ 241-17 Summonses.

§ 241-18 Injunctive relief.

§ 241-19 Penalties for offenses.

§ 241-20 Prohibited locations for certain activities.

§ 241-21 Designation of areas by Town Board.

§ 241-22 Mooring and anchoring rules and regulations.

§ 241-23 Mooring permit fees.

§ 241-24 Minimum requirements for mooring tackle.

§ 241-25 Supervision of moorings.

Article II Moorings, Docks, Piers, Floats; Dockage and Mooring of Vessels

§ 241-26 Legislative findings.

§ 241-27 Definitions.

§ 241-28 Jurisdiction.

§ 241-29 Restrictions.

§ 241-30 General requirements.

§ 241-31 Storage and handling of fuels.

§ 241-32 Vessels moored in excess of 72 hours and used for residential purposes overnight.

§ 241-33 Processing of applications.

§ 241-34 Rules and regulations.

§ 241-35 Construction of provisions.

§ 241-36 Fees.

§ 241-37 Inspections.

§ 241-38 Discharges.

§ 241-39 No liability for damages by the Town of Oyster Bay.

§ 241-40 Penalties for offenses.

§ 241-40.1 Violation of directives.

§ 241-41 Town Attorney action.

§ 241-42 Enforcement.

§ 241-43 Registration.

§ 241-44 Construction with state and federal provisions.

§ 241-45 Educational programs.

[Adopted as Ch. 5 of the 1971 Code; amended in its entirety 3-13-1973]

§ 241-1 Prohibited locations for swimming and boating.

[Amended 6-12-1973]
It shall be unlawful to boat or swim at the following locations:
Beach Road, at its south end between cul-de-sac and South Oyster Bay in Massapequa
Berkley Place, at its dead end at Seaford Creek
Cleveland Place, at its dead end at Seaford Creek
Franklin Place, at its dead end at Seaford Creek
Garfield Place, at its dead end at Seaford Creek
Harrison Place, at its dead end at Seaford Creek
Jackson Place, at its dead end at Seaford Creek
Jefferson Place, at its dead end at Seaford Creek
Jetmore Place, at its dead end at Seaford Creek
Lincoln Place, at its dead end at Seaford Creek
McKinley Place, at its dead end at Seaford Creek
Roosevelt Place, at its dead end at Seaford Creek
St. Mark's Place, at its dead end at Seaford Creek

§ 241-2 Water activities and mooring at St. Mark's Place.

A. 
The mooring of boats, the landing of boats for passengers for hire, bathing, fishing and crabbing are hereby prohibited upon that portion of the highway of the Town known as "St. Mark's Place," from Ocean Avenue east to the bay and upon that portion of the Town known as "Beach Road" at the south end between cul-de-sac and South Oyster Bay in Massapequa.
[Amended 6-12-1973]
B. 
A violation of this section shall be deemed an offense and shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment. Such violation shall constitute disorderly conduct as an offense, and the violator shall be deemed a disorderly person.
[Amended 3-12-1991 by L.L. No. 1-1991]

§ 241-3 Water activities and mooring at Clocks Boulevard.

A. 
The mooring of boats, the landing of boats for passengers for hire, bathing, fishing and crabbing are hereby prohibited upon that portion of the highway of the Town known as "Clocks Boulevard" from Lincoln Avenue southerly to the bay.
B. 
Any person who shall violate any of the provisions of this section shall be subject and liable to a fine and penalty of not more than $250 or imprisonment for not more than 15 days, or both.
[Amended 3-12-1991 by L.L. No. 1-1991]

§ 241-4 Definitions.

As used in this article, the following terms shall have the meanings ascribed to them:
ANCHOR or ANCHORING
The attachment of or to attach a vessel to the ground by means of tackle so designed that, when such attachment is terminated, the tackle in its entirety is removed from the ground and taken under the control of the vessel.
BOAT or VESSEL
Includes every description of watercraft or other contrivance used on or capable of being used as a means of transportation in water and in air, and shall be deemed to include any airplane capable of landing on water.
CHANNEL
Main channels and cross channels connecting with them as delineated by navigation aids placed by the United States Coast Guard or by the town.
COURTESY PERMIT
A permit issued to a shipyard, yacht club or yacht service organization or a municipality for a mooring anchor buoy for transient vessels, vessels permanently moored or docked elsewhere and requiring mooring facilities in Oyster Bay harbor for not more than a two-week period.
HARBOR MASTER
The Harbor Master of the Town of Oyster Bay.
MOORING ANCHOR BUOY
Any float, together with an anchor and connecting lines of any material used to moor a vessel.
A. 
The attachment of or to attach a vessel to a pier or dock or other structure; or the attachment of or to attach a vessel to the ground by means of tackle so designed that, when such attachment is terminated, some portion of the tackle remains attached to the ground and is not taken under the control of the vessel.
B. 
The fastening of a boat to any part of the highway and leaving the boat unattended by a person capable of operating it, for a period longer than necessary to load or unload passengers or freight.
MOORING PERMIT
A permit issued to a person for a mooring anchor buoy for a specific vessel.
MOORING PLACEMENT PERMIT
A permit issued to a person for placing a mooring anchor buoy or buoys on behalf of another person or persons into the Town waters of Oyster Bay Harbor.
[Added 12-16-2008 by L.L. No. 16-2008]
OWNER
Includes the person under whose name a vessel was last registered with the United States Coast Guard or with the Commissioner, Parks and Recreation, State of New York or documented or, in the case of a nonresident, by a bureau in the state of his residency, and in any other case the last known owner or the person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitles him to such possession.
PERSON
Any individual, firm, partnership, corporation, company, association or organization.
SKIN DIVING
Includes any person swimming with the intent to explore or photograph in local waters or to hunt fish therein, including any person using any self-contained underwater breathing apparatus commonly known as an "aqualung," but shall not include bona fide salvage or other commercial operations displaying proper signals.
TOWN
The unincorporated area of the Town of Oyster Bay, Nassau County, New York.
TOWN BOARD
The Town Board of the Town of Oyster Bay.
WATERS OF OYSTER BAY HARBOR
The waters in Oyster Bay Harbor, Nassau County, New York, within the jurisdictional limits of the Town of Oyster Bay or any waters over which the Town has any jurisdiction by agreement, operation of law or otherwise.
YACHT SERVICE
Any boat yard, yacht club or yacht service organization engaged in such service or fraternity within the limits of the Town of Oyster Bay.

§ 241-5 Legislative findings.

It is hereby declared and found that water sports and the operation of boats in the waters or waterways of the Town are matters affecting the public interest and consequently should be subject to the supervision and administrative control of Town authority for the purpose of safeguarding the public.

§ 241-6 Applicability.

The rules and regulations contained in this Article, except when prohibited by the laws of the United States or the state, apply to all waters or waterways under control of the Town, and such other municipalities as have delegated their authority to control waterways to the Town.

§ 241-7 Compliance with state and federal regulations.

All boats or vessels operating within the waters of the Town shall comply with all applicable laws, rules and regulations of the state and federal governments.

§ 241-8 Powers and duties of Town Board.

A. 
The Town Board is hereby granted the power to promulgate reasonable rules and regulations, from time to time, as it may determine for the administration and enforcement of this article, such regulations to be made public by posting in a conspicuous place in or about the boating and bathing areas and filed with the Department of Environmental Resources and the Department of Public Safety for inspection by users or interested persons during regular business hours.
[Amended 12-16-2008 by L.L. No. 16-2008]
B. 
The Town Board is hereby authorized to adopt rules and regulations governing the operation of boats and vessels in the waterways under the control of the town, subject to obtaining the approval of the Commissioner, Parks and Recreation, State of New York or its successor agency.
C. 
Nothing contained in this article shall prohibit the Town Board from issuing special permits through the Superintendent of the Beach Division of the Department of Public Works for aquatic events, boat races or otherwise render proper supervision and in limited areas for limited periods, after prior approval by the United States Coast Guard or the State of New York, as required.

§ 241-9 Pollution.

The dumping or discharging of marine toilets, sewage, oil, chemicals, refuse, garbage or wastes or any pollutant in any waters or waterways from any boat or vessel or dock facility or otherwise is prohibited.

§ 241-10 Waterskiing.

A. 
No person shall operate a boat for purposes of towing a person on water skis, a surfboard or similar device unless there is in such a boat a person over the age of 10 years in addition to the operator and in a position to observe the progress of the person being towed.
B. 
No person shall ride on water skis, a surfboard or similar device or use or operate a boat or vessel to tow a person thereon during the period from sunset to one hour after sunrise.
C. 
No person shall ride on water skis, a surfboard or similar device or use or operate a boat or vessel to tow a person thereon in a marked channel or within 200 feet of the lifeline makers of any public or semipublic bathing area or public dock or mooring area or in other areas as so marked or within 200 feet of any swimmer or bather or within 200 feet from any channel.

§ 241-11 Operation of vessels.

A. 
Each person operating a boat or vessel shall at all times operate it in a careful manner, having regard of the existing hazards, both actual and potential, and at such rate of speed as not to endanger the property of another or the life or safety of any person or so as to interfere with the free and proper use of the waterway by others.
B. 
Speed limits.
(1) 
It shall be unlawful to operate a boat at a greater speed than five miles per hour within 200 feet of the shoreline, a dock, raft, float, a moored vessel or channel system.
(2) 
A "dead slow no wake" zone shall exist in any area used as a boat basin, marina, anchorage or mooring area and at all entrances thereto and exits therefrom.
[Amended 9-11-1984]
(3) 
A "12 mph speed" zone shall exist, and excessive wake shall be prohibited in all that portion of the state boating channel which is within the Town of Oyster Bay.
[Added 9-11-1984]
C. 
No boat shall be operated in such a manner as to cause a wake which is dangerous to life or limb or a person or to other boats or other property.
D. 
No person shall operate a boat or vessel within the waters and waterways of the town while in an intoxicated condition. Upon the trial of any action or proceeding arising out of facts alleged to have been committed by any person arrested for operating a boat or vessel while in an intoxicated condition, the court may admit evidence of the amount of alcohol in the defendant's blood taken within two hours of the time of his arrest, as shown by a medical or chemical analysis of his breath, blood, urine or saliva. For the purposes of this section:
(1) 
Evidence that there was, at the time of taking the sample, 0.05% or less, by weight of alcohol in the defendant's blood, is prima facie evidence that the defendant was not in an intoxicated condition.
(2) 
Evidence that there was, at the time of taking the sample, more than 0.05% by weight of alcohol in the defendant's blood is relevant evidence, but it is not to be given prima facie effect in indicating whether or not the defendant was in an intoxicated condition.
(3) 
Evidence that there was, at the time of taking the sample, 0.15% or more, by weight of alcohol in the defendant's blood, may be admitted as prima facie evidence that the defendant was in an intoxicated condition.

§ 241-12 Skin diving.

A. 
No skin diving shall be undertaken in any channel or in any waters where it may interfere with reasonable and proper operation of boats or within 200 feet of any public or semipublic beach used for bathing and swimming or within 200 feet of any person bathing or swimming within an area designated for bathing or swimming.
B. 
No person shall use, operate or discharge underwater any spear gun or similar apparatus within 200 feet of any public or semipublic beach used for bathing or swimming or within 200 feet of any bather or swimmer.
C. 
Any person engaged in skin diving shall maintain a visible red flag with a diagonal white bar on the boat or on the surface of the water in the area of the skin diving operations.
D. 
No boat or vessel shall approach within a one-hundred-foot radius of an area displaying a red flag with a diagonal white bar.
[Amended 7-10-1973]

§ 241-13 Muffler required for certain engines.

No person shall operate a boat propelled wholly or partly by an engine operated by gas, gasoline, naphtha, diesel oil or other fuel without having the exhaust from the engine run through a muffler or controlled by the introduction of water into the exhaust pipe or line.

§ 241-14 Town not liable for loss or theft of property.

The town will not be responsible for loss, damage or theft to boats and/or their contents or to any other private property.

§ 241-15 Hawking and peddling on vessels.

No person shall enter upon or engage in the business of selling, hawking, peddling or vending any property, article, product, goods or thing or otherwise engage in commercial activity from any boat, vessel or float on the waterways of the town without having first obtained permission of the Town Board through the Superintendent of the Beach Division of the Department of Public Works.

§ 241-16 Enforcement.

A. 
The Harbor Master, Supervisor of Conservation and Waterways, Bay Constable or any person duly authorized by the Town Board or any member of the County Police Department is hereby empowered to enforce the provisions of this chapter, and any such person shall have the right to stop any boat for the purpose of enforcing this chapter.
B. 
Any boat, vessel or float moored in violation of any part of this chapter or the rules and regulations adopted by the Town Board pursuant to this chapter or any boat, vessel or float which sinks, grounds or becomes otherwise disabled or becomes so located as to endanger life or property in any way or becomes a menace to navigation, shall be removed forthwith by the owner or person in charge thereof, on order of the Town Board or Harbor Master or agent thereof, or by the Nassau County Police Department. If said boat, vessel or float is not removed after notice to remove it or if notice cannot reasonably be given after diligent effort is made to effect such notice, it may be removed by or at the direction of the Town Board, Harbor Master or agent thereof or Nassau County Police Department at the expense of the owner or person in charge of the boat, vessel or float; the expense of removal pursuant to this subsection shall be recovered by civil suit, such expense to be in addition to such penalties as may be prescribed by or imposed under this Code or other ordinances of the Town of Oyster Bay and the laws of the town or the state, and the town or the county shall not be responsible for any damage that may occur to such boat, vessel or float in the course of removing it.

§ 241-17 Summonses.

A summons issued and served pursuant to this article shall be returnable in the District Court of the County of Nassau, Fourth District, Oyster Bay and the form of the summons shall be substantially the same as the form of summons known as the "Uniform Navigation Summons" prescribed by the Commissioner of Parks and Recreation of the state or in such form as may be prescribed by the Commissioner of the County Police Department.

§ 241-18 Injunctive relief.

In addition to other remedies prescribed in this Article, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance or to restrain by injunction the violation of this Article or rules and regulations promulgated hereunder by the Town Board.

§ 241-19 Penalties for offenses.

[Amended 3-12-1991 by L.L. No. 1-1991]
A violation of this article or rules and regulations promulgated hereunder by the Town Board is hereby declared to be an offense and shall be punishable by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both such fine and imprisonment for a second or subsequent offenses.

§ 241-20 Prohibited locations for certain activities.

A. 
No person shall moor or anchor a boat in any channel and in no case shall any person moor or anchor a boat within 50 feet of any channel marker or within 200 feet of any public beach, nor shall any person moor or anchor a boat within the distance designated on any sign duly authorized by the Town Board, unless specific authority is granted by the Town Board or its duly authorized representative, or in the case of a Town authorized mooring.
B. 
No person shall moor or anchor any boat so as to endanger the safety of or cause damage to any boat previously anchored or previously laid down.
C. 
No boat shall be tied up or made fast to a public dock or float or to property of the Town for a continuous period in excess of the time indicated by a sign at that location.
D. 
No person shall moor or anchor any boat occupied as living or sleeping quarters within 1,500 feet from the shore for more than 72 hours without first obtaining permission therefor from the Town Board or its duly constituted representatives.

§ 241-21 Designation of areas by Town Board.

The Town Board may from time to time designate by ordinance the authorized mooring areas wherein the mooring or standing of boats shall be permitted as hereinafter provided. All such mooring areas shall be marked and indicated by suitable buoys or markers.

§ 241-22 Mooring and anchoring rules and regulations.

A. 
It is the intent of these rules and regulations to implement the pattern established for the anchoring and mooring in the waters of Oyster Bay Harbor.
B. 
A chart, duly adopted by the Town Board of the Town of Oyster Bay, showing anchoring areas in the waters of Oyster Bay Harbor and a listing of the global positioning system (GPS) coordinates for each of these anchoring areas are made a part hereof; a copy of said chart and list of GPS coordinates shall be kept in the office of the Department of Environmental Resources and in such places as the Commissioner of Environmental Resources may so designate.
[Amended 12-16-2008 by L.L. No. 16-2008]
C. 
A copy of this article shall be posted in a conspicuous place in the offices of the Department of Environmental Resources for inspection by licensees during regular business hours.
[Added 12-16-2008 by L.L. No. 16-2008]
D. 
Mooring placement permit required.
[Amended 12-16-2008 by L.L. No. 16-2008]
(1) 
No person who is in the business of placing any boat mooring on behalf of another person or persons within the Town waters of Oyster Bay Harbor shall do so unless he or she shall have first obtained a mooring placement permit from the Town's Department of Environmental Resources by no later than February 28 of each year.
(2) 
Mooring placement permits shall become effective on the first day of April, or from the date of issue if application be made subsequent to the first day of April, and said permit shall terminate on the 31st day of December in each year, unless sooner suspended or revoked.
(3) 
The fee for a mooring placement permit shall be in the amount indicated in the Town of Oyster Bay Mooring Placement Permit Fee Schedule, as approved by the Town Board.
(4) 
Every mooring placement permit holder, as a condition of holding such permit, shall have agreed to:
(a) 
Conform to any rules and regulations that are established and revised from time to time by the Commissioner of Environmental Resources;
(b) 
Provide such additional information pertaining to the placing of any boat mooring within the Town waters of Oyster Bay Harbor as the Commissioner of Environmental Resources may reasonably require;
(c) 
Utilize a global positioning system (GPS) device to place any boat moorings within the Town waters of Oyster Bay Harbor and shall place each mooring on its correct global positioning system coordinates when doing so and shall certify within 30 calendar days to the Commissioner of Environmental Resources that each mooring was placed on the correct location using such technology.
(d) 
Inspect each mooring, chain, line, pennant, anchor, anchor mooring buoy and courtesy anchoring buoy and other related equipment prior to placing same within the Town waters of Oyster Bay Harbor and shall certify within 30 calendar days to the Commissioner of Environmental Resources that such mooring, chain, line, pennant, anchor, anchor mooring buoy and courtesy anchoring buoy are in compliance with the requirements of this Code.
E. 
The following procedures shall apply to the application for issue and use of mooring and courtesy permits:
[Added 12-16-2008 by L.L. No. 16-2008]
(1) 
No person or yacht service or other entity shall place a mooring anchor buoy in the waters of Oyster Bay Harbor designated on the mooring grid established by this article without having first obtained and having then in force a mooring or courtesy permit.
(2) 
At any time, subsequent to the 15th day of March in each year, a person or yacht service may make written application to the Commissioner of the Department of Environmental Resources upon forms to be furnished by the Department of Environmental Resources for a mooring permit or a courtesy permit, stating the name and address of the applicant and whether an owner or a lessee, specifying the names and addresses of all officers, directors and stockholders, if any, the year, make, type, color and number of the vessel and the name and address of the owner thereof, and any other relevant information which the Commissioner of Environmental Resources may require.
(3) 
A mooring permit shall be issued for the exclusive use of the permittee of a specific anchorage space therein designated for a specific vessel therein stated, and such permit shall not be transferable to another person or to another space or to another vessel.
(4) 
Courtesy permits may be issued for the use of a boat yard, yacht club or yacht service organization or municipality for anchorage spaces for transient vessels, vessels permanently moored or docked elsewhere and requiring mooring facilities in Oyster Bay Harbor for not more than a two-week period upon the following terms and conditions:
(a) 
In no event shall the aggregate number of courtesy permits issued exceed 5% of the total number of spaces for moorings shown on the grids established by this article.
(b) 
In no event shall any one entity receive or use more than 20 courtesy permits at any one time.
(c) 
Five such permits may be issued to each such entity for each season on or before May 30 of such season. After May 30 and to the extent space is available and limited by Subsection D(4)(a) and (b), up to 15 additional courtesy permits may be issued each season to each such entity. Such permits shall not be cumulative from season to season.
(5) 
A mooring permit shall become effective on the first day of April or from date of issue if application be made subsequent to the first day of April, and said permit shall terminate on the 31st day of December in each year, unless sooner suspended or revoked. A courtesy permit shall be effective from the date of issue to date of termination therein stated.
(6) 
Subsequent to issuing a mooring permit, the Commissioner of the Department of Environmental Resources, or his designee, shall attach an anchorage area identification tag to the after half of the starboard side of the vessel for which said permit is issued. The identification tag shall indicate said permit number.
(7) 
No person shall attach a vessel to an anchor mooring buoy unless an anchorage area identification tag has been attached to the vessel as required herein.
(8) 
The issuance of a mooring permit shall not give a right of access across private property.
(9) 
Each vessel anchored to a mooring buoy shall be anchored so that no part of the vessel shall, at any time, extend into a dredged or marked channel.
(10) 
No anchor mooring buoy or courtesy anchoring buoy shall be placed or remain within any permitted space unless such buoy meets with the approval of the Commissioner of the Department of Environmental Resources or his designee.
(11) 
Each mooring, chain, line, pennant, anchor, anchor mooring buoy and courtesy anchoring buoy, etc., shall be inspected prior to being placed within the Town waters of Oyster Bay Harbor. Such inspection shall be performed by the mooring placement permit holder who placed the mooring or, in the case of individuals who place their own moorings, by the Commissioner of the Department of Environmental Resources or his designee.
(12) 
Each mooring found to be in compliance with these regulations will be marked by the mooring placement permit holder or, in the case of individuals who place their own moorings, by the Commissioner of the Department of Environmental Resources, or his designee, with a permanent tag indicating mooring permit number and mooring weight.

§ 241-23 Mooring permit fees.

[Amended 1-15-1980; 1-13-1987; 1-23-2007 by L.L. No. 3-2007]
The fee for any mooring permit shall be in the amount indicated in the Town of Oyster Bay Mooring Permit Fees Schedule, as approved by the Town Board.

§ 241-24 Minimum requirements for mooring tackle.

A. 
Mooring tackle shall meet the following minimum requirements:
(1) 
Tabulation and dimensions.
Registered Boat Length
(feet)
Mushroom Anchor
(pounds)
Bottom Chain
Top Chain
Pennants Nylon Dacron Line
(inches)
Chain
(inches)
Stainless Steel Wire
(inches)
Under 16
75
5/16 inch galvanized
1/2
5/16
1/4
16 to 18
100
5/16 inch galvanized
1/2
5/16
1/4
19 to 22
150
3/8 inch galvanized, 20 feet
5/8
5/16
1/4
23 to 26
200
3/8 inch galvanized, 20 feet
5/8
5/16
1/4
27 to 30
250
1/2 inch galvanized, 20 feet
3/8 inch galvanized
3/4
3/8
1/4
31 to 34
300
1/2 inch galvanized, 20 feet
3/4
3/8
1/4
35 to 37
350
1/2 inch galvanized, 20 feet
3/4
3/8
1/4
38 to 40
400
1/2 inch galvanized, 30 feet
3/4
3/8
1/4
41 to 50
500
5/8 inch galvanized, 30 feet
1/2 inch galvanized
1 1/2
3/8
51 to 60
600
5/8 inch galvanized, 30 feet
1 1/2
3/8
61 to 75
750
3/4 inch galvanized, 30 feet
1 1/2
3/8
76 to 100
1,000
3/4 inch galvanized, 30 feet
1 1/2
3/8
(2) 
The effective length of each of the above pennant lines shall be two times the distance from the bow chock to the water plus the distance from the bow chock to mooring cleat, or shall be two times the distance from the stem mooring ring to the water.
(3) 
All anchor shackles, swivels and other hardware used in mooring hookup shall be proportionate size to chains used. Minimum of one swivel shall be located between bottom chain and top chain. Chains of one size throughout shall have a minimum of one swivel located below main buoy not more than halfway to mushroom anchor.
(4) 
Length of top chain shall be determined by the depth of the water in that area assigned and the total scope shall be 2 1/2 times the depth of the water at high tide as determined from local charts.
(5) 
All pennant lines shall be nylon, dacron, chain or stainless steel wire. Each pennant line running through a chock or any other object where chafing may occur shall have adequate chafe guards.
B. 
Mooring buoys shall meet the following minimum requirements:
(1) 
An anchor mooring buoy or a courtesy anchoring buoy shall extend at least 12 inches above the surface of the water.
(2) 
An anchor mooring buoy or a courtesy anchoring buoy shall be white with a blue horizontal stripe above the waterline. Each buoy shall also carry a stripe of white reflector tape or white reflector paint at least one inch in width, all around the uppermost part of the buoy.
(3) 
An anchor mooring buoy or a courtesy anchoring buoy shall have the permit numbers painted thereon in black paint four inches high and, in addition thereto, a courtesy anchoring buoy shall have the weight of mushroom anchor clearly painted thereon in black paint two inches high.
C. 
The following procedures shall apply to the termination of mooring and courtesy permits and to the removal of such moorings:
(1) 
Unless an anchoring buoy is placed in a space designated pursuant to a mooring or courtesy permit therefor prior to Memorial Day such permit shall automatically terminate, unless the time to so place such buoy has been extended, in writing, by the Harbor Master.
(2) 
Unless used for a period of 30 days between Memorial Day and Labor Day, mooring or courtesy permits shall automatically terminate, unless prior to such termination the Harbor Master grants an extension, in writing, to the permit holder after the latter's application, in writing, to the Harbor Master.
(3) 
The Harbor Master may revoke, in writing, a permit at his discretion for a violation of any of these rules or regulations; or may, at his discretion, order in writing the anchor mooring buoy and attachments relocated to another position, in connection with the implementation of the anchoring and mooring pattern established in the waters of Oyster Bay Harbor.
(4) 
Upon the termination, expiration or revocation of a mooring permit or the ordering of the relocation thereof, an anchor mooring buoy and all attachments shall be removed or relocated by the person to whom the mooring permit has been issued. Upon the failure of such person to do so within 10 days after receipt of said notice, the Harbor Master may remove or cause the same to be removed or relocated at the sole expense of such person.
(5) 
Any vessel anchored or any mooring placed in violation of these rules and regulations may be removed by the Harbor Master or by the Marine Division of the Nassau County Police Department at the expense of the registered owner of the vessel. The expense of removal constitutes a maritime lien against the vessel and its mooring, and it may be proceeded against in rem for costs plus interest at the prevailing rate.
(6) 
In specific situations where the immediate removal of a boat and the relocation of a mooring is required to prevent serious damage to surrounding boats or property, the Harbor Master may require that such relocation be completed.
(7) 
A person whose application for a mooring permit hereunder has been denied or whose mooring permit has been revoked or suspended by the Harbor Master or who has been ordered to relocate his mooring shall comply within 10 days after receipt of such notice or shall then be considered in violation of these rules and regulations and subject to the penalties prescribed by these rules and regulations.

§ 241-25 Supervision of moorings.

[Amended 12-16-2008 by L.L. No. 16-2008]
A. 
The location of mooring facilities, the use thereof and the types of mooring shall be under the supervision of the Commissioner of the Department of Environmental Resources, or his designee, and regulated by the Town Board.
B. 
All floats shall be moored in such a way as to be secure at all times and under all conditions, and such mooring shall be subject to supervision by the Commissioner of the Department of Environmental Resources or his designee.
[Adopted 7-5-1994 by L.L. No. 2-1994]

§ 241-26 Legislative findings.

A. 
The need for a consistent, reasonable and comprehensive policy toward the creation of moorings, docks, piers, floats and the dockage of vessels is of paramount importance for the orderly administration of the waterways of the Town of Oyster Bay. Accordingly, all underwater areas of the Town are hereby provided for by this enactment.
B. 
Those structures for mooring and dockage of boats which are adjoining the zoned areas of the Town of Oyster Bay shall be under the supervision of the Town Board and administered by the Department of Planning and Development, pursuant to the Town of Oyster Bay Code, Chapter 93, Building Construction, and Chapter 246, Zoning.
C. 
Those structures for mooring and dockage of boats not adjoining the zoned areas of the Town of Oyster Bay are hereinafter provided for as they do not fall within the purview of the Town of Oyster Bay Department of Planning and Development. In such cases, these structures will be under the jurisdiction of the Town Board and administered by the Department of Public Works, the Harbor Master and the Department of Planning and Development, for technical questions and assessments, to properly administer the provisions of this article.
D. 
Applications for permits pursuant to this Article shall be processed through the Harbor Master, which shall obtain input from the Department of Planning and Development as to structural soundness, electrical and plumbing questions; the Division of Environmental Control, Division of Engineering, upon such issues of environmental and related significance; and the Division of Beaches and Marinas of the Parks Department, as to areas under its expertise and other agencies which may provide assistance as to such an application.
E. 
After such review, said application shall be referred to the Town Clerk, who shall set a date for review of such application by the Town Board. Local governments, adjoining landowners and operators of beaches, docks or moorings within 300 feet of the subject premises shall be notified of an application, by public notice, at least 28 days in advance; said notice shall include the time, date and place of said hearing and a brief description of the proposed application before the Town Board. Advertising costs shall be paid by the applicant pursuant to the regulations set forth by Town Board resolution. Any person wishing to be heard upon such question shall be heard and may submit such written materials as they wish prior to such Town Board vote.
F. 
The Harbor Master, assisted by personnel of departments and agencies of the town, shall certify to the Town Board whether such structure complies with Article I of this chapter and other applicable codes or not, and if the structure complies, the Harbor Master shall issue a certificate of compliance. Issuance of such certificate shall be in the jurisdiction of the Harbor Master.
G. 
The Harbor Master or other designated officials may issue appearance tickets pursuant to Criminal Procedure Law Article 150, with reference to violations hereof. Such violations may be prosecuted by the office of the Town Attorney, which may review all questions of law or fact and shall not be bound by any prior decisions except those of the Town Board in its actions.

§ 241-27 Definitions.

A. 
As used in this Article, the following terms shall have the meanings indicated:
APPLICATION
The person desiring to establish a mooring, dock, pier or float shall file a written request, verified by such person stating what structure, with what plans and specifications, it is that they desire to construct or maintain. Copies of all papers, plans and specifications submitted to the United States Army Corps of Engineers and the New York State Department of Environmental Conservation shall be included as well as a radius map depicting all properties, docks, moorings, floats, piers, beaches (both public and private) within 300 feet of such facility and a chart showing the mean low tide of all areas within 300 feet of such structure.
BULKHEAD
Any wall constructed of any type of materials adjacent to a watercourse, and shall include all footings, shorings, pilings or associated devices installed in connection with the construction of said wall.
DOCK
Any mooring constructed, which is permanently attached to the land, whether underwater or otherwise, by means of pilings or some other system.
FLOAT
Any mooring constructed of materials which float in water, including but not limited to plastic, wood or foam, which may either be attached to the underwater land or to a dock, pier or bulkhead to which a boat may moor.
HARBOR MASTER
Includes the Supervisor of Conservation and Waterways of the Town of Oyster Bay and any person so designated by the Town Board of the Town of Oyster Bay.
HOUSEBOAT
Any vessel at any mooring location, including attached to any mooring, dock, pier or float, which is inhabited on a daily basis for in excess of 72 hours.
MOORING
Includes all docks, piers and floats to which a boat, ship, barge, raft or any similar device may be attached. This does not include any mooring maintained by the Town of Oyster Bay or authorized under § 241-22 or any mooring maintained or operated by the government of the United States of America, the State of New York, the County of Nassau or any other town or village.
NAVIGABLE WATERS
Any area where at the mean low tide there is in excess of three feet between the surface of the water and underwater lands.
PERSON
Includes any human being or corporation or other legal entity owning, leasing or having other property rights, including riparian rights. Such person may, by specific written power of attorney, authorize another individual or firm to file such application on his behalf.
PIER
Any mooring constructed of permanent materials, including but not limited to brick, stone, concrete, steel or similar substances and materials, which is permanently attached to the land, whether underwater or otherwise.
TOWN BOARD
That entity established under Article 4 of the New York State Town Law.
ZONED AREAS OF THE TOWN OF OYSTER BAY
Those areas located in the unincorporated areas of the Town of Oyster Bay, which are identified on maps adopted by the Town Board of the Town of Oyster Bay, mandating zoning for those areas included upon those maps, on or prior to the date of an application herein.
B. 
All other definitions contained in § 241-4 shall be in full force and effect in this Article, except to the extent modified herein.

§ 241-28 Jurisdiction.

A. 
The provisions of this Article shall apply to:
(1) 
All docks, piers, floats and moorings which exist and are proposed in waters of the Town of Oyster Bay, including all waters adjacent to zoned areas, under the jurisdiction of the Town Board. The Department of Planning and Development is designated as the Town Board's agent for all such areas.
(2) 
All docks, piers, floats and moorings which exist in waters of the Town of Oyster Bay, but are not adjacent to zoned areas within the Town of Oyster Bay, under the jurisdiction of the Town Board. The Harbor Master is designated as the Town Board's agent for all such areas.
B. 
These provisions shall not apply to any state, federal or municipal mooring, dock or other facility.

§ 241-29 Restrictions.

The following restrictions shall exist upon permits for and construction and approval of any mooring, dock, float or pier.
A. 
The owner, lessees, licensees or invitees of a piece of property adjacent to a waterway may keep at any mooring they shall maintain any number of boats they have title to; the total length of all boats shall not exceed the length of such dock or moorings, except with written permission of the Harbor Master.
B. 
A person may allow any property owner to whom his property owes an easement to place their boat at their dock or alongside their property, provided that it does not exceed the length restrictions in Subsection A except with written permission of the Harbor Master.
C. 
No boat may be docked to any mooring, either stern first or bow first, except by specific permission of the Harbor Master or his designee, except as may heretofore exist.
D. 
No boat may be docked at a dock, pier, floating dock or bulkhead directly to another boat overnight, except as such may be specifically temporarily allowed by the Harbor Master or his designee.
E. 
No electrical or other wiring shall be allowed upon any mooring, except upon permission of the Harbor Master or the Commissioner of Planning and Development, and upon the filing of a certificate from a company, such as Underwriters' Laboratories, Inc., or the New York Board of Fire Underwriters or any similar firm or agency, and meets all other relevant specifications and criteria for such items.
F. 
No mooring may be created, repaired or modified which interferes with the use of adjacent beaches, adjacent existing permanent moorings and docks or causes hazard to adjacent property or unduly restricts the use of navigable waterways.
G. 
No gasoline diesel fuel or similar flammable materials in an amount in excess of five gallons may be kept upon or within a dock or mooring for more than three hours, except by specific permission of the Harbor Master or pursuant to § 241-31, as applicable.
H. 
Plumbing installed upon any dock or mooring must conform to the requirements of Chapter 180, Plumbing, or be of a type approved for such construction by the Commissioner of Planning and Development or the Harbor Master.
I. 
Any mooring which is either longer than 25 feet or in excess of 200 square feet must have a personal flotation device with a four-hundred-pound-strength rope of nylon or similar material of a length of at least 100 feet attached to it which is easily accessible for use in the event of an emergency.
J. 
All moorings designed for pedestrian traffic must have applied to their upper surfaces a nonslip material to retard possible slipping on wet materials when boarding or exiting a boat.
K. 
No dock or pier may be erected unless there is a dwelling or other building upon the property adjacent to such moorings, except upon special permission of the Town Board.
L. 
No sea grass or similar flora, nor fauna, is to be disturbed by the construction, modification or repair of any mooring or dock, except upon permission of the Town Board and any other agency having jurisdiction thereof.
M. 
Piers and docks 50 feet long or less shall be at least three feet wide. Those in excess of 50 feet in length shall be at least four feet wide. Floats shall provide adequate freeboard and stability in relation to weather and water conditions at all times.
N. 
Gangways leading to floats shall be not less than 30 inches wide, with handrails on both sides at least 42 inches high, and shall be designed to accommodate the normal movements of the float to which it provides access.
O. 
Hazardous or dangerous conditions.
(1) 
No boat owner or operator shall allow any hazardous or dangerous condition to exist or be maintained upon any boat attached to any mooring or within town waters, including:
(a) 
Combustible vapors in any compartment.
(b) 
Presence of all combustible materials except for materials in proper tanks or compartments kept in proper conditions.
(2) 
All protective coverings used to protect engines, accessories and combustibles shall be of fire-resistant materials.
(3) 
Hibachis or similar types of charcoal or wood-burning cooking equipment may be used on any boat which is moored to any dock or pier or upon such dock or pier except as specifically authorized by the Department of Planning and Development or by the Harbor Master or his designee.
P. 
Moorings, docks, piers or floats of 25 feet or less projection into the adjacent waters from the mean high tide mark may be constructed with either a permit from the Town Harbor Master or Department of Planning and Development, if the structure is adjacent to the zoned portion of the Town of Oyster Bay, if such structure is no more than 15% of the width of the navigable portion of the waterway which is involved. In all other cases a permit shall be obtained from the Town Board.
Q. 
Any mooring which extends in excess of 30 feet from the mean high tide line must have a reflective device of at least four square inches every 20 feet along the length of all sides of it.
R. 
All moorings and systems within and upon them must be kept in good repair.

§ 241-30 General requirements.

A. 
No boat shall be moored closer than three feet to any property line or closer than two feet horizontally from any other mooring.
B. 
No vessels, motor vehicles or other obstructions shall be placed in any location which would impede fire-fighting operations or other similar emergency operations.
C. 
All rubbish, empty paint cans, waste or other combustibles shall be removed daily from the area within 30 feet of any boats stored in the water or on land.
D. 
The Commissioner of Planning and Development or Harbor Master shall have the authority to prohibit smoking in all or part of the premises covered by this Article. "No Smoking" signs shall be posted wherever so designated by the person owning or maintaining such structure.
E. 
All entries and open areas shall be maintained free of obstructions at all times. Fire protection or other similar equipment, either public or private, shall not be obstructed. Fencing shall be arranged to permit prompt access in an emergency to fire-fighting or other emergency forces and apparatus.
F. 
Where the distance to the furthest point on any pier or float accommodating more than three boats exceeds 250 feet from where a Fire Department pumper may be emplaced, waterlines with outlets protected from freezing shall be installed on such pier(s) or float(s) to provide coverage to such pier(s) or float(s).
G. 
No point on any pier or float shall be more than 250 feet from valve outlets on such waterlines installed under § 241-30F.
H. 
Waterlines installed under § 241-30F shall be suitably sized for 500 gallons per minute flow, connected to an adequate water supply ashore if available and/or to a Fire Department approved connection, and shall be installed to the satisfaction of the Harbor Master, operating in conjunction with the Nassau County Office of the Fire Marshal.
I. 
On every dock or pier accommodating more than three boats and exceeding 150 feet in length, approved one-and-one-half-inch hose of fifty-foot lengths shall be provided and properly housed in hose houses equipped with play pipe nozzles, ordinary nozzles and fog nozzles, hydrant wrenches and spanners. Such equipment shall be located at every pier near its midpoint. Where such piers exceed 200 feet, each shall be provided with a two-inch waterline extending the length of the pier and be equipped with one-and-one-half-inch hose connections at one-hundred-foot intervals. At shore ends, these waterlines shall be equipped with two-and-one-half-inch hose adapters. The pier waterlines shall be dry where freezing temperatures occur.
J. 
Portable fire extinguishing equipment shall be installed and distributed as per the requirements of the Standard for the Installation of Portable Fire Extinguishers, NFPA No. 10-1990, or its successor standard. Only extinguishers listed by Underwriters' Laboratories, Inc., or approved by the Factory Mutual Laboratories or other nationally recognized testing agency shall be used.
K. 
Locations where three or more boats are stored at the subject premises are governed by the following:
(1) 
A permanently accessible means of instantaneously communicating a fire alarm or message to the Fire Department shall be provided on the property adjoining any dock or pier or bulkhead where more than three boats are kept. A municipal alarm box or coin public telephone shall satisfy this requirement.
(2) 
Signs, in letters at least four inches in height, shall be posted in conspicuous locations throughout the facility, indicating the nearest location of the emergency device to communicate calls for assistance.
(3) 
In addition, a loud, audible means shall be provided for sounding an alarm and for notification for all occupants.
(4) 
All facilities shall be arranged so that a floating boat occupying a mooring can be removed without the necessity of moving another boat.
(5) 
An electrical lighting system shall be provided to provide adequate illumination at all times of all exterior shore areas, piers and/or floats. The wiring, fixtures and fittings shall be provided and installed in accordance with the National Electrical Code, NFPA 70-1990, or its successor standard, at any location where more than three boats are kept or which has a float, dock or pier in excess of 150 feet.
L. 
Except for service piers, floats and docks, for temporary tie-ups of less than 24 hours, such mooring facilities shall not be less than two feet in width and not more than 20 feet in length, except that mooring facilities exceeding 50 feet in length shall be not less than four feet wide. Floating piers shall provide adequate freeboard and stability in relation to weather and water conditions, with a minimum width of three feet for finger floats not over 50 feet in length and a minimum width of five feet for floats exceeding 50 feet in length.

§ 241-31 Storage and handling of fuels.

A. 
Any fueling station for vessels shall be located to minimize the exposure of all other facilities and requires a special use permit from the Town Board. Where tide and weather exposure conditions permit, all fuel handling shall be outside the main berthing area. Displaying a placard cautioning boat operators to observe the following precautions shall be required, stating in letters at least two inches high:
(1) 
Before fueling:
(a) 
Stop all engines and auxiliaries.
(b) 
Shut off all electricity, open flames and heat sources.
(c) 
Check bilges for fuel vapors.
(d) 
Extinguish all smoking materials.
(2) 
During fueling:
(a) 
Maintain nozzle contact with fill pipe.
(b) 
Wipe all spills immediately.
(c) 
Avoid overfilling. (Note: When a tank is filled to the top, the fuel may expand and overflow as the fuel becomes warmer after being pumped from an underground tank into the tank of the boat.)
(d) 
No splashing of fuel shall be permitted.
(3) 
After fueling and before starting engine:
(a) 
Inspect bilges for leakage or fuel odors.
(b) 
Ventilate until odors are removed.
B. 
All boat fueling operations shall be carefully accomplished in accordance with the Fire Protection Standard for Pleasure and Commercial Motor Craft, NFPA 302-1989, or its successor standard, at the fueling station or other specifically designated location.
C. 
Hand carriage of gasoline within 100 feet of any boat or mooring area shall be restricted to approved safety containers meeting National Fire Protective Association guidelines of sound construction having a tight closure with screwed or spring cover and fitted with a spout or so designed that the contents can be poured without spilling. Such containers must be sealed. Open buckets, cans or glass jars shall not be used.
D. 
Gasoline or any other flammable substance shall not be used as a cleaner on a float, dock or pier or on board boats. Only approved soaps, detergents and nonflammable solvents which are biodegradable shall be used.
E. 
Paint storage and mixing shall be segregated from other working and storage areas.

§ 241-32 Vessels moored in excess of 72 hours and used for residential purposes overnight.

A. 
Cooking equipment.
(1) 
Galley stoves shall be permitted only where the following requirements are met. Galley stoves are to be manufactured, approved and labeled for marine use. Printed instructions for proper installation, operation and maintenance are furnished by the manufacturer. A durable and permanently legible instruction sign covering safe operation and maintenance is provided by the manufacturer and installed on or adjacent to the stove where it may be readily read.
(2) 
Stoves using gasoline for fuel shall not be used aboard a boat.
(3) 
Stoves shall be installed in adequately ventilated areas. The galley or the area used for galley purposes shall be provided with adequate ventilation. If nonelectric stoves or other oxygen-consuming devices are used, ventilators or other means shall be provided to supply combustion air.
(4) 
Stoves shall be securely fastened when in use and when stored.
(5) 
Any burner system that may affect safety by reason of motion of the boat shall not be used.
(6) 
All woodwork or other combustible materials above stove tops and all woodwork or combustibles immediately surrounding stoves shall be effectively insulated with noncombustible materials.
B. 
Stoves.
(1) 
Coal, charcoal and wood-burning stoves shall be either mounted on a noncombustible base (preferably hollow tile) or mounted on legs providing clearance of at least five inches between stove bottom and deck, and the deck shall be effectively insulated with a noncombustible material or sheathing.
(2) 
Stove sides and backs shall have a minimum clearance of four inches from the insulation provided.
(3) 
Single wall smoke pipes and stacks shall have a minimum clearance of nine inches [23 centimeters] from combustible materials, including painted surfaces, or shall be separated by fire-resistant thermal insulation. Listed and labeled double or triple wall smokestacks shall be installed with a minimum clearance specified by the manufacturer. There shall be an exception at decks equipped with water irons or other hollow metal fixtures.
(4) 
Smoke pipes or stacks shall terminate with approved smoke heads designed to prevent water entry, spark emission and back draft.
(5) 
Fuel shall be stowed in a ventilated, metal-lined locker or bin.
C. 
Alcohol, fuel oil and kerosene stoves.
(1) 
Both pressure or gravity fed burners shall be permitted.
(2) 
Fuel supply tanks shall be constructed of corrosion-resistant metal with welded or brazed joints and fittings.
(3) 
Pressure tanks integrally installed with stoves shall withstand a test pressure of at least 200 pounds per square inch. They shall be effectively protected from the heat of burners.
(4) 
Pressure tanks for remote installation shall be approved and shall be able to withstand a test pressure of at least 100 pounds per square inch. They shall be rigidly secured in an accessible location permitting convenient filling and pump operation.
(5) 
Gravity tanks shall be substantially secured. They shall be so located or shielded that, under continuous operation at maximum output, the temperature of contained fuel will not be substantially raised by heat from the burners.
(6) 
No gravity tank shall have a capacity exceeding two gallons. Tanks of larger capacity shall meet the requirements of Chapter 5 of NFPA Standard 302-1989, or its successor standard.
(7) 
Gravity tanks shall have provisions for filling and venting outside the galley space.
(8) 
If fuel tanks are remotely located, as is preferred for gravity feed systems, approved stop valves shall be installed close to tanks, and fuel lines shall be installed with as few fittings as practicable between valves and stove connections.
(9) 
If solidified fuel is used, the containers shall be properly secured on a fixed base to prevent skidding or overturning due to a sudden roll of the vessel.
(10) 
Stacks and uninsulated stoves shall comply with the requirements of Subsection C(3) hereinabove.
D. 
Liquefied petroleum gas systems.
(1) 
Approval for the use of liquefied petroleum gases for space heating and/or cooking on seasonal vessels moored in excess of 72 hours and used for residential purposes shall be obtained from the Harbor Master. Prior to approval, plans must be submitted detailing the location, size of tanks, distance to property lines, if applicable, distance to nearest vessel, all pertinent dimensions and description of all equipment. An application fee of $25 is required to be submitted with each application.
(2) 
Cylinders shall be adequately protected from extreme weather conditions such as direct rays of sun, accumulations of snow or ice, mechanical injury or adjacent sources of heat and protected by a permanent protective cap or other device approved by the Harbor Master or the Commissioner of Planning and Development to give adequate protection against valve damage.
(3) 
Cylinders and regulator equipment shall be adequately supported and braced in an upright position and shall be confined to open deck or cabin top, but not a cockpit. Cylinders shall be on a firm noncombustible base and at least five feet from any opening to the interior of the vessel so that any escaping vapor cannot reach the bilges, machinery space, accommodations or other enclosed spaces. Where five feet of space is not available, a solid noncombustible semienclosure or baffle shall be provided to separate liquefied petroleum gas cylinders from any opening to the interior of the vessel. The semienclosure is a two- or three-sided baffle, cylinder high, to prevent flow of any liquefied petroleum gas vapor through any opening to the interior of the vessel.
(4) 
Only systems of the vapor withdrawal type are permitted; no liquid gas is permitted to enter any interior part of the vessel.
(5) 
Low-pressure regulators shall be provided at the cylinder and shall be of a type approved by Underwriters' Laboratories, Inc., the American Gas Association or the United States Coast Guard. Each reducing regulator shall be fitted with a pressure gauge. This gauge shall be on the high-pressure side of the regulator.
(6) 
Outside piping is to be protected against the elements and well supported and protected against physical damage.
(7) 
Cylinders shall be of a type complying with United States Department of Transportation specifications for the storage of liquefied petroleum gases and of a container capacity not to exceed 100 pounds. The maximum number of cylinders on any vessel shall not exceed two one-hundred-pound cylinders.
(8) 
No filling or refilling of cylinders shall be permitted on the vessel.
(9) 
All gas-consuming heaters or appliances shall be approved for marine use by the United States Coast Guard, Underwriters' Laboratories, Inc., Marine or American Boating and Yachting Association (ABYA), and so labeled.
(10) 
Delivery of liquefied petroleum gas shall be made only by a vehicle holding a permit issued pursuant to Article VI of the Nassau County Fire Prevention Ordinance.
(11) 
Hookup or disconnection of liquefied petroleum gas cylinders shall be made only by qualified persons.
(12) 
At least one ten-pound dry chemical fire extinguisher shall be provided in an accessible location on the vessel.
(13) 
Only odorized liquefied petroleum gas shall be used.
(14) 
Posting of caution sign.
(a) 
A permanent "Caution" sign shall be posted in a plainly visible location adjacent to the cylinders on the vessel and shall read as follows:
CAUTION
1.
Keep container valves closed when boat is unattended. Close them immediately in an emergency.
2.
Be sure all appliance valves are closed before opening container valve.
3.
Always apply lit match or other flame to burner before opening burner valve.
4.
Close master valve on appliance whenever appliance is not in use.
5.
Test system for leakage at least once every two weeks and after any emergency in accordance with the following procedure. No leakage, even of a seeping character, is permissible.
With appliance valves closed, with the master shutoff valve on the appliance open and with one container valve open, note pressure on the gauge. Close container valve. If the pressure drops, locate leakage by application of liquid detergent or soapy water solution at all connections. Repeat test for each container in a multicontainer system.
NEVER USE FLAME TO TEST FOR LEAKS
(b) 
Lettering shall be at least one inch in height for "CAUTION" and "NEVER USE FLAME TO TEST FOR LEAKS," and at least 1/4 inch in height for all other wording.
(15) 
Cylinders shall be connected to heating or cooking equipment by approved rigid piping or Type K copper tubing, except that Type L copper tubing may be used for low-pressure distribution between regulator and heating or cooking equipment. Fittings shall be of a type approved for marine fuel service.
(16) 
Installation shall be made by a licensed plumber in accordance with these regulations and the applicable provisions of the National Fuel Gas Code when used for permanent residential purposes, and the installation shall be made by a competent, skilled individual versed in marine safety when used for other than residential purposes.
(17) 
An affidavit covering installation and initial test shall be submitted by the installer to the Harbor Master to certify the above.
(18) 
Storage and use of any liquefied petroleum gas system shall be confined to the single vessel only.
(19) 
A container shall not be charged with fuel unless it bears the proper markings of the code under which it was fabricated, its water weight capacity and its tare weight.
(20) 
No container which is due for requalification shall be charged with fuel unless it has been retested or otherwise qualified for service in accordance with United States Department of Transportation requirements.
(21) 
Container valves must be tested for leaks before the charged container is shipped from the filling plant, and it shall not be shipped with leaking fittings.
E. 
Heating equipment.
(1) 
Open flame heating units shall be installed within the galley area only, well above accommodation flooring and in compliance with applicable requirements of sections of this Article.
(2) 
A vent stack shall be fitted at the top of each heating unit and lead to the atmosphere with an effective device for preventing flame extinguishment or flareback from back draft.
(3) 
Dampers shall not be installed in vent stacks.
(4) 
Use of water heaters designed for operation with continuous pilot lights or automatic glow plugs is prohibited.
F. 
Cabin heaters.
(1) 
Cabin heating equipment shall comply with applicable provisions of sections of this Article.
(2) 
Burners and burner feed arrangements shall be such that safe operation is not affected by motion of the boat.
(3) 
Heaters shall be rigidly secured.
(4) 
Use of heaters designed for operation with continuous pilot lights or automatic glow plugs shall be prohibited. However, for cabin space heaters of the sealed combustion chamber type, designed to provide complete separation of the combustion system from the atmosphere in the boat, a combustion air inlet and flue gas outlet shall be provided as integral parts of the appliance, with the approval of the Harbor Master.
(5) 
Gasoline shall not be used for fuel in open flame liquid or vapor burners.
(6) 
Heating boilers shall be approved for marine use.
(7) 
Sealed combustion chamber heaters burning gasoline or fuel oil may be used, provided that they comply with the applicable parts of this Article and are approved by the Harbor Master.
G. 
Auxiliary appliances.
(1) 
Gasoline shall not be used for fuel for lamps and lanterns.
(2) 
Oil lamps and lanterns shall be approved for marine use.
(3) 
Oil lamps shall have metal bodies and shall be hung in gimbals.
(4) 
Oil lamps shall not be located directly over galley stove or heating units.
(5) 
Metal shields shall be secured above chimneys.
(6) 
Oil lanterns, if suspended, shall be secured by clips or lashings.
(7) 
Lanterns not in use shall be stowed in a noncombustible enclosure.
(8) 
Refrigerators and air conditioners shall be suitable for marine use, and certification thereof shall be maintained thereupon. They shall be installed in accordance with applicable provisions of this Article.
H. 
Requirements for fire-protection equipment on houseboats.
(1) 
All vessels having galleys shall have at least one Class 5-BC fire extinguisher readily accessible thereto, as defined by NFPA Standard 10-1990 or its successor standard.
(2) 
Vessels under 26 feet in length shall have two Class 5-BC fire extinguishers; one in the cabin and one in the helmsman's position.
(3) 
Vessels 26 to 40 feet in length shall have three Class 5-BC fire extinguishers.
(4) 
Vessels over 40 feet in length shall have a minimum of four Class 5-BC fire extinguishers. Two Class 5-BC extinguishers may be replaced by one Class 10-BC extinguisher.
(5) 
Fire extinguishers shall be placed so that they are readily accessible from outside the compartment which they are intended to serve. Extinguishers shall be secured with a marine bracket to permit immediate release.
(6) 
Fire extinguishers shall be serviced annually or immediately after use by a competent person so trained and marked by whom and the date tested.
I. 
Requirements for active electrical systems 50 volts and over on vessels.
(1) 
A permanently mounted waterproof sign shall be located adjacent to each shore power inlet location. The sign shall include the following information:
(a) 
The signal word "Warning."
(b) 
The statement "To Minimize Shock and Fire Hazards."
(c) 
The following directions:
[1] 
Turn off the boat's shore power switch before connecting or disconnecting the shore power cable.
[2] 
Connect the shore power cable at the boat first.
[3] 
If polarity warning indicator is activated, immediately disconnect cable and have the fault corrected by a qualified electrician.
[4] 
Disconnect shore power cable at shore inlet first. (This procedure assures that the cable is not energized when making or breaking electric connection on board the boat itself.)
(2) 
The shore power cable shall be compatible with the shore power inlet and the power rating of the boat.
(3) 
Receptacles installed in locations subject to rain, spray or splash shall be weatherproof as may be provided by a spring-loaded self-closing cover.
J. 
Servicing liquefied petroleum gas systems.
(1) 
All liquefied petroleum gas systems will comply with Article VI of the Nassau County Fire Prevention Ordinance.
(2) 
Changing of liquefied petroleum gas cylinders shall be performed in accordance with Fire Protection Standard for Motor Craft, NFPA 302-1989, or its successor standard.
(3) 
All cylinders and fittings shall be checked for leaks after changing. Checks for leaks in liquefied petroleum gas systems must never be made with flame. Liquid detergent or soapy water solution is to be used.
K. 
Electrical wiring and equipment. All electrical wiring, equipment and installations shall comply with applicable requirements of the National Electrical Code, NFPA 70-1990, or its successor standard, and Marinas and Boatyards NFPA Standard 303-1990, or its successor standard.
L. 
Permit from Harbor Master for vessels remaining over 72 hours. Any vessel in the waters of the Town of Oyster Bay over 72 hours upon which persons live require a permit from the Harbor Master certifying compliance with the terms of this Article.
M. 
Every vessel in town waters in excess of 72 hours must demonstrate to the Harbor Master adequate plans, equipment and provisions for the proper disposal of sewage and other wastes so as not to permit any such materials to enter any town waterways or otherwise adversely effect the environment.

§ 241-33 Processing of applications.

A. 
A person wishing to construct or modify a mooring or similar structure or ancillary structure thereto in any area of the Town of Oyster Bay which is not within or immediately adjoining the zoned areas of the Town of Oyster Bay shall comply with the provisions of this Article.
B. 
An application for such a mooring or similar structure shall include the following:
(1) 
A long environmental assessment form, together with the fees authorized by the Town Board.
(2) 
Copies of all materials filed with the New York State Department of State, New York State Department of Environmental Conservation, United States Army Corps of Engineers and Department of Interior, when applicable.
(3) 
A survey showing the plans and specifications for any mooring facility, structure, float, pier or dock, including but not limited to all telephone, electrical and water service.
(4) 
A radius map showing all beaches, moorings of all types, piers, docks, floats, bulkheads, decks and all types of structures and paved areas within 300 feet of any point of the proposed (or existing) facility for which the permit is sought.
(5) 
A verified application by a person requesting the Town of Oyster Bay to issue a permit for the structure requested to be constructed or modified.
C. 
Application.
(1) 
The application shall be deemed complete by the Harbor Master, in his sole discretion.
(2) 
The Harbor Master may refer any application for review by the Town Environmental Quality Review Commission, which shall then advise the Harbor Master what actions it deems appropriate upon such application, pursuant to Chapter 110, Environmental Quality Review, of this Code.
(3) 
The Town Environmental Quality Review Commission shall hold such hearings and take such actions as may be required by this Code and New York State or federal law and refer the matter back to the Harbor Master, pursuant to Chapter 110, Environmental Quality Review, of this Code.
(4) 
After any required environmental reviews have been made, the Harbor Master shall refer any completed application to the Town Clerk.
D. 
Action on application.
(1) 
The Town Clerk shall place any application on the Town Board Calendar for consideration by the Town Board if a mooring, dock, float or pier 25 feet or more in length or 200 square feet or more in area is involved in such application, unless there is a positive declaration from the Town Environmental Quality Review Commission, in which case the matter must be referred for Town Board Action.
(2) 
Prior to such hearing or action by the Town Board, any environmental review matters shall be completed by the Town Environmental Quality Review Commission.
(3) 
All persons, local governments or other agencies or corporations having any property or operating any facilities within 300 feet of such proposed facility, including holders of any underwater rights, which is sought to be permitted shall be advised at least 28 days in advance of the appearance of such matter for Town Board action.
(4) 
The Town Clerk is authorized to publish any such application listing the name of applicants and the nature of the application and length and width of such facility prior to such matter appearing on the Town Board calendar for its action, which shall be published at least 28 days prior to the date of such Town Board action.
(5) 
At the Town Board meeting upon which such application is considered, any person wishing to be heard thereupon shall be heard and any written comments provided to the Town Board for its review prior to granting such application.
(6) 
The Town Board may, by resolution, authorize the Harbor Master to issue such permit upon such terms as it may deem appropriate and also at that time authorize the Harbor Master to issue a certificate that the finished structure complies with the permit issued by the Town Board. After completion of any structure, a certificate of compliance shall be obtained from the Harbor Master.
(7) 
The Town Board shall consider in such application environmental factors; preservation of beaches; underwater rights; other moorings; other structures including docks, piers and floats; the general convenience of the general public within, in, around and about the area involved; the amount, nature and possible obstruction of traffic upon the navigable waters of the town, and related issues upon determining such an application, and balance the riparian and related rights of property owners to reasonable access to waters with the needs of the public for general safety and convenience upon the waterways.
(8) 
Any application for a dock of less than 25 feet in length or less than 200 square feet in area may be granted by the Harbor Master 30 days after notification to the Town Board of such application unless one of the members of such Board places such matters upon the Town Board calendar. The Harbor Master shall consider all those criteria as set forth in Subsection D(7) of this section.
(9) 
If any member of the Town Board places an application for a mooring or similar structure upon the Town Board calendar for action, the Harbor Master may not issue a permit unless there is an appropriate vote upon such application by the Town Board. The Town Board in such case shall consider all of the criteria as set forth in Subsection D(7) of this section.
(10) 
The Town Board, as set forth in Subsection D(9), by resolution, shall authorize the terms and conditions of such permit.
(11) 
The Harbor Master shall examine the structure maintained with reference to the permit authorized by the Town Board and shall enjoy the assistance of the Town of Oyster Bay Department of Planning and Development; Division of Environmental Control; Department of Public Works, and such other agencies and those local, state and federal agencies as may be required to review such structure as to whether it complies with the permission granted by the Town Board.
(12) 
The Harbor Master may employ, with the approval of the Town Board, such experts as he may require upon such applications at any time.
(13) 
The Harbor Master may issue a certificate of compliance with the terms of such permit authorized by the Town Board. Such shall be deemed a ministerial act.
(14) 
Any failure by the owner, operator, lessee or other person having control of such structure to maintain it upon the terms authorized by the Town Board or the Harbor Master shall be in a violation of this Article, and the Harbor Master or the Town Attorney may issue an appearance ticket for violation of these Code provisions pursuant to the terms of Criminal Procedure Law Article 150, or the Town Attorney by virtue of the provisions of the Criminal Procedure Law or Civil Practice Law and Rules or similar civil provisions in addition to any remedies of a criminal nature.
(15) 
The Town Attorney shall take such action as he deems necessary, irrespective of any actions by the Harbor Master, but shall be bound by any actions of the Town Board hereunder.
(16) 
This Article shall apply to any mooring or similar structure sought to be constructed or modified upon any area of the Town of Oyster Bay which is outside of the zoned areas of the Town of Oyster Bay. Areas adjacent or in the zoned areas of the town shall be reserved to the jurisdiction of the Department of Planning and Development which may issue a permit for any mooring of less than 25 feet in total length and 200 square feet which must be referred to the Town Board after environmental review as set forth hereinabove.
E. 
As to those moorings or similar structures which adjoin zoned areas of the Town of Oyster Bay, all such permits shall be issued by the Department of Planning and Development, which shall only issue any permit for a mooring not in excess of 25 feet in length or over 250 square feet after review and an affirmative vote of the Town Board, upon the criteria set forth in Subsection D(7) of this section.

§ 241-34 Rules and regulations.

The Town Board of the Town of Oyster Bay, by resolution, may designate areas wherein the Harbor Master may promulgate rules and regulations in connection with those facilities and structures which would come under his jurisdiction. The Commissioner of Planning and Development may promulgate rules for those areas under his jurisdiction.

§ 241-35 Construction of provisions.

A. 
The provisions of this Article shall be liberally construed to effectuate the purposes of this Article to bring order to the building upon waterways of the town and to ensure the welfare, safety and continuing high quality of the environment of the waterways of the Town of Oyster Bay.
B. 
If any provision of this Article shall be declared invalid for any reason, then any Court decision shall be limited only to that specific sentence or paragraph involved and all other provisions shall continue to be in full force and effect unless declared otherwise.
C. 
Any reference to the singular shall include the plural. Any reference to the masculine shall include the feminine and neuter.
D. 
Any reference to National Fire Protection Association Standards shall mean those standards then in effect as of the date of the issuance of the permit.

§ 241-36 Fees.

Any application fee herein shall be determined upon the surface area (square footage). For any mooring or similar structure of the length of up to 25 feet or up to 250 square feet, there shall be a fee of $100. The application fee for a structure of longer than 25 feet or in excess of 250 square feet shall be $350. All other costs of all mailings and publication shall be borne by the applicant.

§ 241-37 Inspections.

By virtue of any application hereunder, the Harbor Master and/or the Department of Planning and Development, respectively, or any person they may designate shall be authorized to inspect any mooring, dock, pier, float or vessel attached thereto at any time for compliance with the provisions of this Article, rules and regulations promulgated hereunder or conditions promulgated by the Town Board or otherwise hereunder to ensure the safety of the environment, safety of persons and property, compliance with rules, regulations or orders of the town, county, state or federal authorities as to requirements for such vessels or structures hereunder.

§ 241-38 Discharges.

A. 
The Town Board of the Town of Oyster Bay has determined that such incidents involving discharges of materials which may endanger lives or property or the quality of water or the quality of aquaculture or the quality of the environment shall be prohibited.
B. 
No discharge, in any quantity, of any oil, gasoline, paint, solvent, paint thinner, lubricant, hydrocarbon materials, untreated sewage, litter, pollutants or any similar types of materials in the waters of the Town of Oyster Bay shall be allowed.

§ 241-39 No liability for damages by the Town of Oyster Bay.

This Article shall not be construed to hold the Town of Oyster Bay or its officers or employees responsible for damages to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect as herein provided or by reason of the approval or disapproval of any equipment authorized herein or for any other reason.

§ 241-40 Penalties for offenses.

A. 
Any willful or intentional discharge of any such substances shall be a misdemeanor, upon which a sentence of up to six months in jail, a fine of $2,000, up to three years probation or up to 1,000 hours of community service may be authorized, together with restitution for any costs associated with the cleanup thereof, including but not limited to actual cleanup, investigative time, administrative time and legal services time associated with ensuring compliance and ensuring the quality of waterways around the site or downstream therefrom of any such occurrence and the quality of any aquaculture near the site of such occurrence or downstream therefrom.
B. 
The disregard of any order promulgated by the Harbor Master, the Commissioner of Planning and Development or the Town Board issued hereunder and communicated to any person which endangers the safety of persons or property or creates the risk of degradation of the environment or the quality of water or endangers aquaculture or the environment thereby shall be a misdemeanor which shall carry a term of six months imprisonment, a fine of $2,000 or up to three years probation and shall authorize the imposition of up to 1,000 hours of community service, together with restitution for all expenses incurred by the town as a result of such action or inaction, including but not limited to environmental cleanup, repair, maintenance of safety devices, investigation, chemical analysis, survey of waters or aquaculture, administrative time and legal services time associated with such incident in order to assure the quality of the environment or safety of persons or property or actions taken to assist or protect the same.
C. 
Violation of this article or of the rules and regulations promulgated either by the Town Board or the Commissioner of Planning and Development or the Harbor Master or any order thereof shall be punishable by a fine of up to $2,000 or 15 days in jail for each violation.
D. 
Each day of violation shall constitute a separate violation.

§ 241-40.1 Violation of directives.

[Added 8-19-1997 by L.L. No. 6-1997]
In addition to and notwithstanding any other remedy for an offense against this chapter, any person violating a directive issued by the Commissioner or his/her duly authorized representative, made pursuant to the provisions of this chapter, shall be guilty of a violation punishable by a fine not exceeding $900 or imprisonment for a period not to exceed 15 days, or both.

§ 241-41 Town Attorney action.

A. 
Any enforcement action taken under the terms of this article or under the terms of the Criminal Procedure Law or otherwise shall not preclude the Town Attorney from any civil proceeding seeking any relief, under the Town Law or Civil Practice Law and Rules, from the Supreme Court of the State of New York.
B. 
Any violation of the terms of this article which shall give rise to such an action or special proceeding shall also give rise to the right of the court having jurisdiction to award all reasonable investigative fees; fees for experts; fees for investigative analysis; administrative costs and reasonable attorney fees and all associated costs, both at the trial and appellate level, including all publishing and service costs.

§ 241-42 Enforcement.

A. 
The Town Board hereby authorizes enforcement of these provisions by way of issuance of an appearance ticket under the terms of the Criminal Procedure Law Article 150 by any of the following:
(1) 
The Harbor Master or his designee.
(2) 
The Commissioner of the Department of Planning and Development or his designee.
(3) 
The Commissioner of the Department of Public Works or his designee.
(4) 
The Supervisor of Conservation and Waterways or his designee.
(5) 
The Superintendent of Environmental Control or his designee.
(6) 
The Nassau County Police.
(7) 
The Nassau County Fire Marshal personnel.
(8) 
The New York State Police.
(9) 
The New York State Environmental Conservation Police.
(10) 
The Bay Constables.
(11) 
The Code Enforcement Officers of the Department of Planning and Development, including those listed as Zoning Inspectors, Multiple Residence Inspectors, Building Inspectors, Sanitation Inspectors or Code Enforcement Officers.
(12) 
The United States Coast Guard (active duty) personnel.
(13) 
The United States Department of the Interior, Bureau of Fish and Wildlife, in those areas under its jurisdiction.
B. 
The Harbor Master, the Commissioner of Planning and Development, the Commissioner of the Department of Public Works and the Superintendent of Environmental Control or the Director of Conservation and Waterways may also designate persons to assist in enforcement of the terms of this article, including but not limited to police officers of any village which is in or adjacent to the Town of Oyster Bay or any United States or New York State law enforcement personnel.
C. 
The Town Board may authorize such additional persons to enforce the terms of this article as it may, by resolution, deem necessary.
D. 
Inspections, as provided for in § 241-37, may be conducted by any person or officer designated by the terms of § 241-42A(1), (2) or (3) or any other person in the employ of the Town of Oyster Bay.
E. 
No waiver or consent is to be construed by any nonprosecution of any violation of this article.

§ 241-43 Registration.

No motor vessel shall be attached to any mooring, pier, float or dock or operated in waters of the Town of Oyster Bay except if it has currently in effect a registration issued by the State of New York, unless its stay is under 72 hours or a permit under § 241-32L is obtained for stays over 72 hours.

§ 241-44 Construction with state and federal provisions.

The terms of this Article shall be construed to conform with the provisions of all federal and state statutes, rules and regulations so as to resolve any apparent discrepancies between the federal and state provisions and the terms of this article.

§ 241-45 Educational programs.

The Harbor Master may require attendance at an educational program of any person convicted of any violation of this article or against whom a civil order herein has been granted upon such terms as the Harbor Master may provide, at the sole cost of such individual. A court of proper jurisdiction may also order such an educational course as part of any sentence it may impose.