As used in this chapter, the following terms shall have the meanings ascribed to them:
ANCHOR or ANCHORINGThe 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.
APPLICATIONA 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.
BOAT or VESSELIncludes 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.
BULKHEADAny 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.
CHANNELMain channels and cross channels connecting with them as delineated by navigation aids placed by the United States Coast Guard or by the Town.
COURTESY PERMITA 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.
DOCKAny mooring constructed which is attached to the land, whether underwater or otherwise, by means of pilings or some other system.
FLOATAny 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.
HOUSEBOATAny vessel at any mooring location, including attached to any mooring, dock, pier or float, which is inhabited on a daily basis.
MOOR or MOORING (when used as a verb)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.
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 (when used as a noun)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.
MOORING ANCHOR BUOYAny float, together with an anchor and connecting lines of any material used to moor a vessel.
MOORING PERMITA permit issued to a person for a mooring anchor buoy for a specific vessel.
MOORING PLACEMENT PERMITA 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.
NAVIGABLE WATERSAny area where at the mean low tide there is in excess of three feet between the surface of the water and underwater lands.
OWNERIncludes 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.
PERSONAny individual, firm, partnership, corporation, company, association or organization.
PIERAny 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.
SKIN DIVINGSwimming 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.
TOWNThe Town of Oyster Bay, Nassau County, New York.
TOWN BOARDThe Town Board of the Town of Oyster Bay.
WATERS OF OYSTER BAY HARBORThe 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 SERVICEAny boat yard, yacht club or yacht service organization engaged in such service or fraternity within the limits of the Town of Oyster Bay.