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:
[Amended 3-15-2022 by L.L. No. 3-2022]
(1)
The Commissioner of the Department of Planning and Development or
his/her designee, and the Code Enforcement Officers of the Department,
including those listed as Zoning Inspectors, Multiple Residence Inspectors,
Building Inspectors, or Code Enforcement Officers.
(2)
The Commissioner of the Department of Public Works or his/her designee.
(3)
The Commissioner of the Sanitation Department or his/her designee,
including Sanitation Inspectors of the Department.
(4)
The Commissioner of the Department of Environmental Resources or
his/her designee.
(5)
The Commissioner of the Department of Public Safety or his/her designee,
and the Bay Constables of the Department.
(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 United States Coast Guard (active duty) personnel.
(11)
The United States Department of the Interior, Bureau of Fish
and Wildlife, in those areas under its jurisdiction.
B.
The Commissioner of Planning and Development, the Commissioner of
the Department of Public Works, the Commissioner of the Department
of Environmental Resources, and the Commissioner of the Department
of Public Safety may also designate persons to assist in enforcement
of the terms of this chapter, 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.
Any employee of the Town Department of Planning and Development,
Department of Public Works, Department of Environmental Resources,
and Department of Public Safety designated or authorized by the Commissioner
of the Department may stop any boat or vessel and may inspect any
vessel or structure located on or in the waterways of the Town for
the purpose of enforcing this chapter. 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.
E.
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 Commissioner of the Department of Public
Safety 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, Commissioner of the Department of Public Safety
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.
F.
No waiver or consent is to be construed by any nonprosecution of
any violation of this article.
A summons issued and served pursuant to this chapter 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 New York
State or in such form as may be prescribed by the Commissioner of
the County Police Department.
A.
A violation of any provision of this chapter or rules and regulations
promulgated hereunder by the Town Board or the Department of Planning
and Development, the Department of Environmental Resources or the
Department of Public Safety, is hereby declared to be an offense and
shall be punishable by a fine not exceeding $750 or imprisonment not
exceeding 15 days, or both such fine and imprisonment for a second
or subsequent offenses. Each day of violation shall constitute a separate
violation.
B.
In addition to and notwithstanding any other remedy for an offense
against this chapter, any person violating a directive issued by the
Commissioner of the Department of Planning and Development, the Commissioner
of the Department of Environmental Resources or the Commissioner of
the Department of Public Safety, or their 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.
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, including an action
or proceeding in the name of the Town in a court of competent jurisdiction
to compel compliance or to restrain by injunction any violation of
this chapter or rules and regulations promulgated hereunder.
B.
Any violation of the terms of this chapter 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.
The Town may require attendance at an educational program of
any person convicted of any violation of this chapter or against whom
a civil order herein has been granted upon such terms as the Town
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.
