[Amended 8-20-2013 by L.L. No. 12-2013[1]]
It is hereby declared and found that the operation of boats and use of vessels for residential and/or business purposes (offices) in the waters or waterways of the Town of Riverhead, New York, is a matter affecting the public interest and consequently should be subject to the supervision and administrative control of municipal authority for the purpose of safeguarding the public. It is the intent of this Part 2 to prevent pollution, fire hazards, interference with navigable waterways and overcrowding within the waters adjacent to the Town of Riverhead and subject to its jurisdiction, and, further, to preserve and protect the health, safety and welfare of the people of the Town of Riverhead, natural ecology of the waters of the Town of Riverhead, and the tidal and freshwater wetlands.
[1]
Editor's Note: This local law also repealed original § 106-1, Short title, of the 1976 Code.
A. 
The following rules and regulations shall, except when prohibited by the laws of the United States, apply to all waters or waterways in the Town and to all waters or waterways adjacent to a distance of 1,500 feet from the shore; and provided further that they shall not apply to waters or waterways in the channel system, if any, under the supervision of the Long Island State Park Commission.
B. 
All provisions of the Navigation Law of this state, of the inland rules enacted by Congress and governing the navigation of the inland waters of the United States and of the pilot rules for United States inland waters, applicable to the channel systems and relative to the rules for vessels passing each other, as to lights on vessels and other matters consistent with the proper use of the channel systems, shall be complied with by all vessels navigating said systems.
A. 
The following terms, phrases and their derivatives shall have the meanings given herein:
BOAT
Every vessel propelled in any manner.
CHANNEL SYSTEM
The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters and commonly or usually traversed by watercraft and, in addition, refers to man-made or stabilized waterways designed for the navigation of watercraft. For the purpose of this Part 2, boat basins and bathing areas are included in the channel system.
FLOATING HOME/CABANA
Any vessel in fact used, designed or occupied as a dwelling unit, business office or source of any occupation or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge or pontoons which is primarily immobile and out of navigation which functions substantially as a land structure while the same is moored or docked within the municipal limits of the Town of Riverhead, whether such vessel is self-propelled or not.
[Added 8-20-2013 by L.L. No. 12-2013]
FLOATING OBJECTS
Any anchored marker, platform, raft or other floating contrivance which is not a vessel, and includes but is not limited to bathing beach markers, speed zone markers, information markers, swimming or diving floats, mooring buoys, fishing buoys and ski jumps.
HOUSE BARGE
Any vessel or craft used or designed to be used on the water surface and to provide residential accommodations with sleeping and toilet facilities, whose volume coefficient is greater than 1,500 cubic feet. "Volume coefficient" is the ratio of the habitable space of a vessel measured in cubic feet to the draft of a vessel measured in feet of depth. Habitable space is any enclosed area used or designed to be used for a person to sleep, sit or eat.
[Added 8-20-2013 by L.L. No. 12-2013]
MOTORBOAT
Includes any vessel propelled in whole or in part by an engine or motor, whether inboard or outboard.
[Amended 9-5-2012 by L.L. No. 19-2012]
NAVIGABLE WATERS
Waterways used or susceptible of being used in their natural or ordinary condition as highways for commerce over which trade and travel are or may be conducted in customary modes of trade and travel on water.
OWNER
Includes the person in whose name the vessel was last registered under Article 48 of the New York State Vehicle and Traffic Law requiring registration and, in any other case, the last known person with title to a vessel.
PERMANENT MOORING
The securing of a vessel in the water of the Town of Riverhead on a seasonal or annual basis by means of securing the vessel to a fixed anchor placed on the bottom.
PERSON
Any individual, partnership, association, firm, corporation or any and all combinations of individuals acting in concert.
PIER
A structure built on land or on the shore of land extending from the land out over water, including a wharf.[1]
RESIDENTIAL HOUSEBOAT
A vessel not designed primarily for residential dwelling units, designed primarily for pleasure craft, recreation and for independent navigation and not considered a floating home, in accordance with the definition set forth above, and which is being used or occupied for residential purposes.
[Added 8-20-2013 by L.L. No. 12-2013]
RESIDENTIAL PURPOSES
The use of a houseboat, vessel or floating home as a dwelling place, residence or place of abode. The term "residential purposes" shall not be construed to prohibit the occasional overnight use of a houseboat incidental to a transient stay by the vessel within the Town of Riverhead between April 1 and November 1 of each year.
[Added 8-20-2013 by L.L. No. 12-2013]
SKINDIVING
Includes swimming by any person with the intent to explore or photograph in local waters or to hunt fish therein, including any person using any self-contained underwater breathing apparatus commonly known as an "aqualung," but shall not include bona fide salvage operations displaying proper signals.
TEMPORARY ANCHORING
The securing of a vessel in a harbor on a temporary basis by means of an anchor carried aboard the vessel.
TIDEWATERS
Waters, whether salt or fresh, wherever the ebb and flow of the tide is felt, including but not limited to coves, rivers, canals and bays.
VESSEL
Any floating craft used or capable of being used as a means of transport or for commercial purposes, whether or not capable of self-propulsion, and includes but is not limited to boats, sailboats, motorboats, barges, scow, dredges, rafts or other buoyant devices permitting free flotation.
WATERS
All surface water, whether salt or fresh, within or bordering the Town of Riverhead, including tidewaters and navigable waters.
WHARF
A structure built on land or on the shore of land or projecting into a harbor or waterway for the purpose of providing a place for vessels to load, unload or berth.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 101, General Provisions, Art. I).
B. 
Word usage.
(1) 
"Shall" is mandatory, and "may" is permissive.
(2) 
Words used in the singular are deemed to include the plural.
Subdivisions 1 through 12 of § 33-c of the New York Navigation Law regulations thereunder are adopted as if fully set forth herein, and a violation of § 33-c shall be deemed a violation of this Part 2.