A.
Anchorage and mooring areas. Anchorage grounds for short-term anchoring
and mooring areas for vessels in the harbor include the outer harbor
and the inner harbor, except those areas within the fairways and channels,
as shown on the Harbor Management Plan Map, used for ingress to and
egress from the harbor. The Harbor Master is authorized to designate
the areas within anchorage and mooring areas where individual vessels
may be moored or placed at anchor, including guest vessels. No person
shall moor any vessel in any area except a designated mooring area,
and no person shall temporarily anchor a vessel in the anchorage grounds
for any longer than 48 hours, unless specifically authorized by the
Harbor Master.
B.
Location of moorings.
(1)
The location of all moorings in mooring areas for vessels shall be
designated on a map maintained by and on file with the Harbor Master.
(2)
No person shall moor a vessel in Mamaroneck Harbor until its location
and position have been approved by the Harbor Master.
(3)
The Harbor Master shall have authority, for reasons of safety or
other documented reasons, to direct and order that the location or
position of moorings be changed. Such notice shall be provided to
the owner or operator of the subject vessel using such mooring and
compliance shall be required within 10 days thereof. Failure to comply
with such direction or order of the Harbor Master shall be a violation
of this section.
(4)
No person shall moor a vessel within a channel or within the buffer
area of a channel, mooring area, or anchorage area.
C.
Placement of moorings; qualified contractors; minimum qualifications.
(1)
No mooring shall be placed in the waters of the harbor, except by
a mooring contractor approved by the Village of Mamaroneck.
(2)
The Harbor Master shall maintain a listing of mooring contractors
approved by the Village of Mamaroneck.
(3)
In order to be approved by the Village of Mamaroneck and to be placed
on the listing noted hereinabove, a mooring contractor shall demonstrate
to the Village Manager that it has the following minimum qualifications:
(a)
Possession of equipment necessary to install and remove moorings.
(b)
Possession of or proof of ability to obtain a mooring barge
which is capable of lifting and setting moorings.
(c)
Past experience (minimum of one year) in the installation and
removal of moorings.
(d)
Past experience (minimum of one year) in inspection of moorings.
(e)
Proof of insurance; minimum of $1,000,000 liability insurance.
(f)
Proof of workers' compensation insurance, should the contractor
have employees.
(g)
Proof of comparable insurance, if workers' compensation insurance
is not carried by the contractor.
A.
No person shall moor a vessel without a mooring tackle and buoy permit,
nor shall any person lay any mooring tackle unless a permit is issued
by the Harbor Master, and then only for the vessel specified in the
permit and only at the location specified in the permit. An administrative
fee shall be charged for the issuance of such permit, the cost of
which shall be determined by the Board of Trustees from time to time.
Such permit shall be applicable to all vessels. The issuance of a
mooring tackle and buoy permit shall be evidenced by a decal.
B.
Mooring tackle and buoy permit process.
(1)
Any person desiring to procure a mooring tackle and buoy permit shall file with the Harbor Master a written application upon a form furnished by the Harbor Master. Such application shall state the name, type, length and registration number, if any, of the vessel. An application for a mooring tackle and buoy permit shall also include the name, address and telephone number of the owner or lessee or charterer, if any, together with such proof of ownership or right to use of the vessel as the Harbor Master may require. A company making such application shall designate an individual as its representative. The annual administrative fee, as set forth in Chapter A347, Fees, shall accompany the application.
(2)
The Harbor Master has the authority to approve or deny each application
for a permit.
(3)
Mooring tackle and buoy permits shall be issued only to the owner,
lessee or charterer of the vessel to be moored.
(4)
A mooring tackle and buoy decal shall be issued upon the payment of an annual administrative fee as set forth in Chapter A347, Fees, for vessel moored offshore, irrespective of where moored.
(5)
Each vessel shall be measured from bow to stern on a center line
over the deck.
(6)
There shall be a charge as set forth in Chapter A347, Fees, for the issuance of a duplicate decal to replace a lost or misplaced decal.
(7)
Requests for a new mooring tackle and buoy permit may be filed with
the Harbor Master at any time, specifying the type and size of the
vessel for which mooring tackle and buoy permits are requested. After
February 15, the last date for filing applications for renewal of
mooring tackle and buoy permits, applications for new permits will
be forwarded to those persons who have requested the same as space
is available for the type and size of vessel for which mooring tackle
and buoy space has been requested. Within the limits of type and size
of watercraft, priority will be given in the forwarding of applications
for permits in the order in which requests for such permits have been
filed with the Harbor Master.
(8)
Only one mooring tackle and buoy space shall be allotted to any one
vessel.
C.
Display of permit. The mooring tackle and buoy permit decal issued
pursuant to this chapter shall be conspicuously displayed on the exterior
port side of said vessel, and only on the particular vessel for which
an application is on file.
D.
Transfer of permit.
(1)
Mooring tackle and buoy permits are not transferable or assignable from person to person or vessel to vessel, except as herein provided. Subject to the consent of the Harbor Master and upon payment of a fee as set forth in Chapter A347, Fees, the holder of a permit may exchange such permit with the holder of another permit so as to allow an exchange of locations between such two holders. The holder of a permit may substitute another vessel of which such holder is the owner, lessee or charterer for the vessel originally specified in such mooring tackle and buoy permit, provided that the Harbor Master approves such substitution upon written application therefor.
(2)
In the event that the holder of a mooring tackle and buoy permit
sells his vessel while the permit is still in force, he shall immediately
notify the Harbor Master, in writing. The party holding such mooring
tackle and buoy permit shall cause the decal to be removed prior to
the vessel's delivery to the purchaser.
(3)
It is a violation of this chapter for any person issued a permit to transfer or cause to be transferred such permit to any other person or vessel, except as outlined in § 240-14D(1). This violation shall apply to both the person so transferring and the person so receiving or benefiting from the transfer.
E.
Renewal of permit. Priority will be given in the issuance of permits
to those persons applying for the renewal of permits granted in the
preceding year. The applicant shall file with the Harbor Master a
renewal application for such a permit on or before February 15, or
the last business day prior thereto, of the year for which the permit
is to be effective. The Harbor Master reserves the right to reassign
space based upon availability and size of vessel. The prescribed fee
for the renewal of the necessary permit shall be paid at the time
the application is filed. In the event that any permit holder fails
to file a renewal application with the Harbor Master by 5:00 p.m.
of the last business day on or before February 15 of the year in question,
said party shall forfeit the priority for a renewal permit as provided
in this section and must make a new application for any such permit.
G.
Storage of private floats. Any individual or commercial marine operator
planning to store private floats in the inner harbor (east or west
basin) at the end of the boating season shall adhere to the following
procedure:
(1)
A request must be filed, in writing, with the Harbor Master prior
to October 1 indicating the size of the float and the owner or operator
of the float. All floats must be marked by the individual or operator
storing them, and certificates of insurance must be provided. These
requests will be considered in the order they are received on a space-available
basis.
(2)
The Harbor Master shall review and approve all storage requests and
shall determine proper placement and installation for reasons of safety
and other documented reasons.
(3)
After payment of a fee as set forth in Chapter A347, Fees (based on linear feet), the Harbor Master may authorize the storage of these floats.
(4)
All stored floats must be removed prior to May 15 and may not be
put in place prior to October 15.
H.
Service floats and work floats. Commercial marine operators planning
to utilize floats shall observe the following procedure:
(1)
An application must be filed with the Harbor Master, together with the payment of the fee as set forth in Chapter A347, Fees.
(2)
The Harbor Master shall review each request and shall, in conjunction
with the marine operator, decide on the size and placement of any
float.
(3)
In no case shall the total length of a service float be more than
50 feet and the total area exceed 400 square feet, and only one float
shall be permitted for each permitted operator. Work floats shall
not exceed 2,000 square feet in area.
(4)
In conjunction with said application, the applicant shall provide
any additional information reasonably requested by the Harbor Master
in connection with his consideration of said application.
A.
Name on mooring. The name of the owner of the mooring tackle shall
be permanently marked on the buoys by the mooring contractor. Winter
buoys, when used, shall be similarly marked. Failure to mark the buoy(s)
shall be a violation of this chapter by both the owner of the buoy(s)
and the mooring contractor. In the event that it is determined that
any such contractor has violated this provision on more than one occasion,
and in addition to any other penalty herein provided, said determination
shall be sufficient reason to remove such mooring contractor from
the list of qualified mooring contractors maintained by the Harbor
Master.
B.
If a mooring buoy or winter buoy becomes a hazard to navigation,
the Harbor Master may remove it, or have it removed, at the owner's
expense, and hold the same until the cost of such removal is paid.
In such instances, the Harbor Master, the Village or other agent of
the Village shall not be responsible for loss of the mooring or mooring
tackle.
C.
Multiple vessels on mooring buoys. No person shall moor more than
one vessel to any single mooring buoy, nor shall any other floating
object be secured to a mooring buoy by any person without the advance
permission of the Harbor Master.
D.
In the inner harbor, no person shall fail to moor a vessel forward
and aft.
A.
All mooring tackle and buoy owners, as well as their representatives
or agents, shall be responsible for compliance with all the provisions
of this chapter and shall be subject to the penalties provided for
any violation of this chapter.
B.
Maintenance of mooring buoy equipment. All persons shall maintain
mooring buoy equipment in good condition to prevent the moored vessel
from breaking adrift and damaging other vessels and property, and
endangering public safety. Whenever a mooring buoy is exchanged in
accordance with this chapter, the mooring buoy tackle shall be raised
and inspected before another vessel is placed on that mooring buoy.
No person shall reset mooring buoy tackle found to be in poor condition
until it has been made safe by the owner or his agent. This section
shall apply to mooring buoy tackle which has been installed or raised
and inspected during the season for which the current mooring tackle
and buoy permit has been issued. Mooring buoy tackle must be raised
and inspected every three years, and defective parts must be replaced.
C.
Responsibility of owner upon expiration or revocation of mooring
tackle and buoy permit. Mooring buoy tackle in a space for which a
permit has expired and for which a renewal application has not been
received shall be removed by the owner. If such tackle is not removed
by May 1, the Harbor Master may remove it or have it removed and hold
the same until the cost of such removal is paid. Mooring buoy tackle
in a space for which a permit has been revoked shall be removed within
10 days of notification of revocation.
D.
Unauthorized mooring tackle and buoys. Failure of an owner to remove
unauthorized mooring tackle and buoy, including one for which no permit
has been issued, may result in the owner being assessed for charges
of mooring tackle and buoy removal, fined as defined in this chapter,
and subjected to liability for obstruction to navigation pursuant
to this chapter.
A.
Guest mooring space permits.
(1)
The Harbor Master is hereby authorized to assign to marinas and yacht
clubs having water frontage in Mamaroneck Harbor as many mooring spaces
as he shall deem necessary for the accommodation of guest vessels
of such marinas and yacht clubs.
(2)
Annual fees for such guest mooring space permits, other than those situate at a commercial facility, shall be as set forth in Chapter A347, Fees.
(3)
Applications for renewal of guest mooring space permits shall be
accomplished in the same manner as set forth in this chapter.
(4)
Mooring spaces assigned to a marina or yacht club for guest moorings,
approved by the Harbor Master, shall be marked with the name or initials
of the marina or yacht club and the word "guest." No vessel shall
be moored to such a guest mooring for more than seven days without
the written permission of the Harbor Master.
B.
Temporary mooring of guest vessels. Guest vessels, with the approval
of the Harbor Master, may be moored at mooring buoys or tied to docks
maintained by the Village of Mamaroneck or may be placed at anchor
in locations approved by the Harbor Master for not more than four
days without a permit. Guest vessels may be moored at mooring buoys
provided by marinas located in Mamaroneck Harbor for not more than
seven days, or longer if under repair or service by said marina. The
mooring of vessels at mooring buoys maintained by the Village may
be extended upon application, in writing, made to and approved by
the Harbor Master, for a maximum of 21 days. Notwithstanding the foregoing,
vessels undergoing repairs or in process of commissioning or decommissioning
may be moored to a dock, pier or other structure maintained by a marina.
