A.Â
It is hereby declared that 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.
B.Â
The Town Board has found that water sports, the dockage of vessels,
and the operation of vessels 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.
A.Â
The provisions of this chapter, except when prohibited by the laws
of the United States or the State of New York, 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,
and shall apply to: all docks, piers, floats, bulkheads and moorings
which exist and are proposed in said waters or waterways.
B.Â
These provisions shall not apply to any state, federal or municipal
mooring, dock, or other facility.
A.Â
The terms of this chapter 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 chapter.
B.Â
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.
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, or in the case of a nonresident owner, by a bureau in the state
of his or her residency.
As used in this chapter, the following terms shall have the
meanings ascribed to them:
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.
A written request, verified by any person desiring to establish
a mooring, dock, pier, bulkhead or float, setting forth the structure
they desire to construct or maintain together with plans and specifications.
Copies of all papers, plans and specifications, and applications submitted
to the United States Army Corps of Engineers, the New York State Department
of Environmental Conservation and the United States Fish and Wildlife
Service shall be included as well as a radius map depicting all structures,
docks, moorings, floats, piers, beaches (both public and private)
located on, and the boundary lines of, the two properties on both
sides of the premises for which the permit is sought (four properties
in total), and any properties which have any frontage on a waterway
and are directly opposite from the subject premises, and a chart showing
the mean low tide of all areas within 300 feet of such proposed structure.
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.
Any wall constructed of any type of material adjacent to
a watercourse, and shall include all footings, shorings, pilings,
deadmen, tiebacks and whalers, or associated devices installed in
connection with the construction of said wall.
Main channels and cross channels connecting with them as
delineated by navigation aids placed by the United States Coast Guard
or by the Town.
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.
Any mooring constructed which is attached to the land, whether
underwater or otherwise, by means of pilings or some other system.
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 vessel may moor, or may be stored upon.
Any vessel at any mooring location, including attached to
any mooring, dock, pier or float, which is inhabited on a daily basis.
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.
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.
Includes all docks, piers and floats to which a boat, ship,
barge, raft or any similar device may be attached or any mooring maintained
or operated by the Town of Oyster Bay, the United States of America,
the State of New York, the County of Nassau or any other town or village,
or any department or agency of any such government.
Any float, together with an anchor and connecting lines of
any material used to moor a vessel.
A permit issued to a person for a mooring anchor buoy for
a specific vessel.
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.
Any area where at the mean low tide there is in excess of
three feet between the surface of the water and underwater lands.
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 or her 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/her to such possession.
Any individual, firm, partnership, corporation, company,
association or organization.
Any mooring constructed of permanent materials, including
but not limited to brick, stone, concrete, steel, timber, composite
or similar substances and materials, which is permanently attached
to the land, whether underwater or otherwise.
Swimming with the intent to explore or photograph in local
waters or to hunt fish therein, including 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.
The Town of Oyster Bay, Nassau County, New York.
The Town Board of the Town of Oyster Bay.
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.
Any boat yard, yacht club or yacht service organization engaged
in such service or fraternity within the limits of the Town of Oyster
Bay.
A.Â
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 chapter, such regulations
to be made public by posting in a conspicuous place in or about the
boating and bathing areas and filed with the Town Clerk, the Department
of Environmental Resources and the Department of Public Safety for
inspection by users or interested persons during regular business
hours.
B.Â
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, where applicable.
C.Â
Nothing contained in this chapter shall prohibit the Town Board from
issuing special permits through the Department of Parks 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, and notification
to the Department of Public Safety, the Department of Environmental
Resources and the Town Clerk.
