A.
Permits.
(1)
Annual municipal dock permit fees for all floats other than the special float known as the "S-float" shall be in accordance with the schedule set forth in Chapter A347, Fees.
(2)
In addition to the fee schedule referred to above, there shall be an annual fee as set forth in Chapter A347, Fees, applicable to all nonresidents.
(3)
The annual municipal dock permit fees for special floats with finger piers, known as the "S-float," shall be as set forth in Chapter A347, Fees.
(4)
A decal for the parking of one car shall be issued with each municipal
dock permit.
(5)
There shall be an additional fee, annually, as set forth in Chapter A347, Fees, for those permit holders desiring a locker.
(6)
Senior citizen discount. Duly authorized permittees who are residents of the Village of Mamaroneck and have been issued municipal dock permits for at least three consecutive years and have attained the age of 65 years shall be entitled to a discount for charges incurred in connection with municipal dock permits, as specified in Chapter A347, Fees.
(7)
Each vessel shall be measured from bow to stern on a center line
over the deck.
(8)
Ramp use and related parking regulations for the vehicles of boaters
using the ramp shall apply as follows:
(a)
A parking permit is required for vehicles from January 1 through
December 31 each year, except when closed for special events held
at Harbor Island Park, including, but not limited to, the Firemen's
Parade, the Antique Car Show and the Harbor Fest/Street Fair.
(b)
A daily or seasonal ramp use permit issued by the Village of
Mamaroneck is required.
(c)
The ramp use permit, ramp service charge and rack fees shall be as set forth in Chapter A347, Fees.
(e)
Between December 15 and April 15 the ramp may be closed at the
discretion of the Harbor Master based upon safety concerns.
B.
Municipal dock permit process.
(1)
Any person desiring to procure a municipal dock permit shall file with the Harbor Master a written application upon a form by the Harbor Master. Such application shall state the name, type, length and registration number, if any, of the vessel. Applications for municipal dock permits shall include the name of the owner, together with such proof of ownership as the Harbor Master may require. A company making such application shall designate a living person as its representative. The annual permit 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 and to designate the space to be used in connection with
such permit.
(3)
Municipal dock permits shall be issued only to the owner, lessee
or charterer of the vessel.
(4)
Municipal dock permits shall be valid from May 1 through November
1.
(5)
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.
(6)
Requests for municipal dock permits may be filed with the Harbor
Master at any time; specifying the type and size of the vessel for
which a permit is requested. Priority shall be given to those persons
seeking to renew a permit granted in the preceding year. After February
15, the last date for filing applications for renewal of municipal
dock 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 municipal dock space has been requested.
Within the limits of type and size of vessel, priority will be given
in the forwarding of applications for permits in the order which requests
for such permits have been filed with the Harbor Master.
(7)
Municipal dock permits shall be displayed conspicuously as indicated in this chapter only on the particular vessel with respect to which application was made. Municipal dock 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 the permit, provided that the Harbor Master approves such substitution upon written application therefor.
(8)
In the event that the holder of a municipal dock permit sells his
vessel while the permit is still in force, he shall immediately notify
the Harbor Master, in writing. The party holding such municipal dock
permit shall cause the decal to be removed prior to the vessel's delivery
to the purchaser.
(9)
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. This violation shall apply to both the person so receiving
or benefitting from the transfer.
C.
Restrictions and standards.
(1)
No persons other than municipal dock permit holders, members of their
families, bona fide guests of municipal dock permit holders and authorized
servicemen servicing vessels of municipal dock permit holders shall
be permitted on municipal docks. Guests not accompanied by a permit
holder must be prepared to show the permit holder's New York State
vessel registration or written authorization to use the vessel. Persons
under 18 years of age who do not hold a New York State, or equivalent,
safe boating certificate must be accompanied by an adult. All persons
using municipal docks shall, upon request, identify themselves to
Village authorities.
(2)
No person shall swim or dive from municipal docks.
(3)
No person shall fish from municipal docks or from vessels tied to
such docks.
(4)
No person shall clean fish on or within 100 feet of the municipal
docks.
(5)
No person shall keep or store gasoline or other volatile substances
in Village locker buildings.
(6)
No person shall take a vessel up or down gangways leading to municipal
docks, nor shall any person haul a vessel up on a municipal dock for
any purpose.
(7)
No person shall tie any vessel to a municipal dock in other than
the vessel's assigned location, except when using the Village pumpout
facilities or when picking up or discharging passengers or gear at
a landing stage and then for no longer than 15 minutes.
(8)
Any vessel not removed from the harbor area, whether in the water
or on land, by November 1 shall be considered abandoned property.
Upon written request for an extension, and weather permitting, the
Harbor Master may give permission to an applicant to keep his or her
vessel in the water at a designated float. Such vessel not removed
at the expiration of the extended period shall be considered abandoned
property. Vessels declared abandoned property by virtue of noncompliance
with the above provisions may be disposed of by the Village Manager
pursuant to public auction; provided, however, that, prior to any
said auction taking place, the Village Manager or the Harbor Master
shall cause the permit holder to be notified, by certified mail, of
the impending public sale. If said vessel is claimed by its true owner
subsequent to the date given by the Harbor Master for vessel to be
out of the harbor area, then the Village Manager can assess reasonable
removal and storage fees based upon those rates prevailing in the
area at the time said vessel is claimed, and said fees must be paid
prior to receipt of the vessel by the permit holder or owner. Any
moneys expended by the Village of Mamaroneck associated with removal
or auction must be paid by either the new owner or the previous owner.
(9)
Assigned vessel space at municipal docks which has not been occupied
by the watercraft assigned to the space by July 1 of the current year
shall be forfeited and reassigned, unless the Harbor Master grants
an extension upon application for good cause shown.
(10)
If an assigned vessel is to be removed from its space for a
period of 30 days or more after July 1 and before September 1, the
owner shall notify the Harbor Master. Failure to notify the Harbor
Master shall be a violation of this section and the space shall be
forfeited and reassigned, unless the Harbor Master agrees to waive
this provision.
(11)
No part of a vessel or its equipment shall be permitted to project
over the edge of a municipal dock more than 12 inches.
(12)
Vessels at municipal docks shall be moored by a bow line and
side spring lines in such a manner as to maintain the vessel perpendicular
to the dock.
(13)
Visitors' docks in the Village of Mamaroneck shall be regulated
by the Harbor Master for the purpose of providing temporary stay for
visitors' vessels. The relocation or removal of visitors' docks shall
be directed by the Harbor Master with the approval of the Village
Manager.
A.
Record of mooring. The Harbor Master shall record in a proper register
the location and the names, length, draft, beam and type of all vessels
moored in the harbor, as well as the names and addresses of the owners
of all such vessels, and the position of each approved mooring shall
be noted upon a map or chart of the harbor. Such records, maps and
charts shall be kept at the office of the Harbor Master.
B.
Inspection of vessels. The Harbor Master, Assistant Harbor Master
and/or Police Bay Constables of the Village of Mamaroneck, while performing
their special duties, may enter and survey all vessels within the
harbor for the purpose of determining compliance with the Navigation
Law and the Environmental Conservation Law of the State of New York
and with this chapter in the presence of the owner or operator of
the vessel or the owner or operator's representative. However, in
case of emergency, the Harbor Master, Assistant Harbor Master and/or
Police Bay Constables may board and enter any vessel to prevent damage
or harm to life or property.
C.
Revocation of permits. Upon conviction for any violation of this
chapter or any regulation promulgated by any applicable state or federal
law, all permits issued pursuant to this chapter may be revoked by
the Harbor Master, except that any aggrieved party has the right to
appeal any such determination to the Village Manager within five business
days from notification of such revocation, at which time the Village
Manager shall hear and determine the appeal.
D.
Removal of vessels. The Harbor Master may remove unattended vessels
from their mooring or anchorage location in order to protect life
or property.
E.
If directions given by the Harbor Master, with the approval of the
Village Manager, with respect to removing unauthorized moorings or
changing the location of existing moorings, shortening of mooring
chains, cables or ropes or with respect to other provisions of this
chapter are not complied with within 10 days after notice of such
direction has been given as herein provided, the Harbor Master, with
the approval of the Village Manager, may cause such moorings to be
removed or changed or may drop the same to the bottom. The cost of
such removal, change or dropping will be assessed against the owner
of the vessel, and an action therefor may be instituted in the Village
Court. Whenever the Harbor Master shall be unable to find the owner
of a vessel or mooring or any agent or person in possession, charge
or control thereof upon whom notice may be served, he shall address,
stamp and mail such notice, by certified mail, to such person at his
last known address and, in addition thereto, shall, during the notice
period, attach said notice to the subject vessel.
F.
Any vessel or marine structure or part thereof, including moorings,
which becomes a menace to navigation or a danger to life, property
or the environment, which is unseaworthy or sinks to the bottom or
is run aground or otherwise becomes disabled, shall be removed by
the owner or person in charge thereof within 10 calendar days of issuance
of an order to correct said hazard by the Harbor Master. If such menace
to navigation and/or safety is not removed or corrected within 10
calendar days as aforesaid, it may be removed or corrected by the
Harbor Master or at his direction, and the cost thereof shall be charged
against said owner or person in charge of said navigation hazard.
Nothing herein contained shall prevent the Harbor Master from moving
or removing a vessel or marine structure that creates an immediate
hazard to human life, property or the environment, or from taking
such immediate action as he deems necessary for the protection of
life and limb, property or the environment.
