A.
No person shall set, draw or cast any nets or seines in any of the
freshwater ponds or streams within the Town of Southampton.
B.
No person shall cast, draw or set any net seine or other device for
the purpose of taking fish from the waters of Otter Pond located in
the Village of Sag Harbor.
C.
No fish pound, fyke, trap, pot or other anchored device for the taking
or keeping of shellfish, fish, eels, crabs, lobsters or conchs shall
be placed in Town waters unless duly authorized by written permission
of the Trustees. Permission shall be granted only to residents and
freeholders.
D.
Permits issued for fish pounds, fykes, traps, pots or other anchored
devices for the taking or keeping of shellfish, fish, eels, crabs,
lobsters, or conchs shall be valid for one year, expiring December
31 of each year.
E.
No fish pound, fyke, trap, pot or other device as defined herein
shall be set within 1,000 feet of any inlet between the Atlantic Ocean,
nor shall any such device be set in any channel in Town waters, unless
that device has been placed in the location described by the GPS coordinates
specified in the permit for such device.
F.
No fish traps or pounds shall be placed in the waters of the Town
of Southampton between June 30 and Labor Day in any year.
G.
All fish traps shall have installed an operating light at the seaward
end, and the owner's name and permit number (Trustee) shall be affixed
under the light. The light shall be in operation from sundown to sunrise.
H.
All pots set in Town waters shall display on the buoy or pot the
permit number as assigned by the Town Trustees or the permit holder's
last name.
I.
No pot set for commercial purposes shall have more than four meshes
to the inch, measured horizontally or vertically.
J.
No fish pound shall be placed closer than 500 feet to another.
K.
No net shall exceed 1,200 feet in length for any single fisherman.
No net shall exceed 1,800 feet in length for any two fishermen fishing
from the same boat. No person shall retrieve a net by hydraulic or
other power-operated means in Town waters. The possession of a mechanically
operated net reel on vessels engaged in fishing in Town waters shall
be presumptive evidence that such person has retrieved a net in violation
of this section. The foregoing shall apply to all Town waters in which
nets are permitted.
A.
No mooring, spile or structure shall be placed in Town waters unless
duly authorized by written permission of the Town Trustees. Permission
shall be granted only to residents, taxpayers, freeholders and temporary
residents. Permits for the installation of a mooring, spile or structure
shall be granted to governmental authorities at the discretion of
the Trustees.
B.
All permits issued for boat moorings are issued under the supervision
of the Bay Constables and are good only for the person to whom issued
and for the boat described on the permit. The permit number must be
placed on the mooring.
C.
Permit fees for moorings shall be established by a resolution duly
adopted by the Board of Trustees. Permits for moorings are as follows:
(3)
Dinghy/personal watercraft permits:
[Added 11-23-2020]
(a)
Three-year permit for residents and taxpayers.
(b)
One-year permit for temporary residents.
(c)
Dinghy permits are limited to one permit per corresponding general
mooring or PWC float mooring permits.
(d)
Dinghies must be labeled by the permittee with the corresponding
general mooring or PWC float mooring permit number. It is the responsibility
of the permittee to ensure this number is clearly marked and visible
at all times.
(e)
Dinghies may only be placed at locations approved by the Board
of Trustees, established by resolution and published within the annual
fee schedule. Dinghies must be installed and removed from said location
when corresponding mooring/PWC float mooring must be installed/removed.
(f)
Any dinghy/personal watercraft left on the Trustee property
after December 1 of the calendar year for which the permit is issued
shall be deemed abandoned, and shall be subject to seizure by the
Bay Constable, Marine Maintenance Department, or any other agent or
assignee of the Board of Trustees.
(g)
All seized property shall be the subject of a public hearing
in which the owner thereof will be notified and may claim said property.
(h)
Permit holders shall be notified in writing at the address provided
within their application no later than 14 days prior to public hearing.
A permit describing the property at issue, and issued to the same
individual claiming said property, shall be deemed proof of ownership.
(i)
All seized property shall be noticed to John/Jane Doe by publication,
no later than 14 days prior to public hearing. The owner must prove
their ownership by clear and convincing evidence.
(j)
Any unclaimed property left for a period of 30 days following
a public hearing, or property in which an unknown owner has not claimed
by sufficient proof as determined by the Board, shall be deemed abandoned,
and shall be auctioned at a public auction.
(k)
The Board of the Trustees of the Freeholders and Commonalty
of the Town of Southampton accept no responsibility for loss of or
damages to the dinghy, personal watercraft or any personal property.
Failure to follow these rules may lead to suspension pending hearing
and revocation of the right to use the storage space.
D.
Moorings shall be removed during the period of December 1 to April
1 (except aquaculture moorings). Any moorings not removed by December
1 may be removed by or at the direction of the Trustees or any duly
authorized officer or agent thereof or by a Bay Constable or the Town,
at the expense of the owner or person in charge of said mooring. The
minimum fee for removal and impounding is $250.
E.
Moorings shall not be installed prior to April 1 unless special written
permission has been obtained in writing from the Bay Constables.
F.
No iron posts, engine blocks, cement blocks, etc., are allowed. Moorings
must be either wooden stakes or a mushroom anchor or pyramid anchor
of a weight prescribed by the Bay Constable.
[Amended 4-1-2019]
G.
No mooring shall be issued for any vessel in excess of 26 feet on
any creek, pond, bay or harbor on Peconic Bay Estuary, except in special
cases allowed by the Trustees for an aquaculture vessel.
H.
In congested areas (i.e., Red Creek, Mill Creek, Noyack Creek and
Wooley Pond), if mooring(s) is (are) not in and used by July 4th weekend,
the mooring permit will be canceled at the discretion of the Town
Trustees.
I.
Any person who has had his or her mooring permit revoked or canceled
pursuant to Trustee regulations shall not be allowed to place his
or her name or the name of any other person occupying the same residence
on the waiting list for any of the "wait list areas" for three years
following said revocation.
J.
Only one mooring permit will be issued per household for moorings
in "wait list areas." Permit holders may apply for a permit for a
second smaller tender or dinghy on a stake mooring adjacent to the
beach area for the sole purpose of accessing their primary mooring.
[Amended 11-23-2020]
K.
If said permit is canceled and/or revoked by the Town Trustees, the
fees paid are not refundable.
L.
Wooley Pond stake moorings installed and maintained by the Little
Peconic Yacht Club are also subject to the following additional regulations:
(1)
Residents only. These six stake moorings will only be available
to resident/taxpayers who are also members of the LPYC. Proof of residency
and LPYC membership is required.
(2)
Each applicant must submit his or her own application, in his
or her own name, along with proof of residency and boat registration.
The regular mooring application fee shall apply.
(3)
Due to the limited number of stake moorings, there shall be
only one stake mooring per residential property, which includes corporations
with multiple owners, such as LLCs. Additional owners may apply for
a regular mushroom anchor- or pyramid anchor-mooring permit.
[Amended 4-1-2019]
(4)
Boats on pole (stake) moorings shall be limited in size to 23
feet and under, due to shallow water.
M.
Noyack Creek stake moorings, at the foot of Maple Lane, are also
subject to the following additional regulations:
(1)
Residents only. Stake moorings will be available to resident/taxpayers
only. Proof of residency is required.
(2)
Each applicant must submit his or her own application, in his
or her own name, along with proof of residency and boat registration.
The regular mooring application fee shall apply.
(3)
Stake size is limited to a maximum of four inches by four inches,
untreated lumber only.
(4)
Maximum number of mooring stakes permitted in Noyack Creek is
seven.
(5)
Due to the limited number of stake moorings, there shall be
only one stake mooring permitted per residential property, which includes
LLCs, corporate owners or multiple owners. Additional owners are permitted
to apply for a regular mushroom anchor- or pyramid anchor-mooring
permit.
[Amended 4-1-2019]
(6)
Boats on pole (stake) moorings shall be limited to 16 feet and
under in size, due to shallow water.
O.
Any mooring permit holder in any of the "wait list areas" is required to notify the Bay Constables if his or her vessel is not placed on his or her mooring as required by Subsection H of this section or if his or her vessel is removed from the mooring prior to Labor Day. Reasons given for such nonplacement or early removal will be considered by the Trustees, who may cancel said permit at their discretion. Failure to make the above-described notification shall be grounds for permit cancellation.
P.
The following rules apply to personal watercraft float moorings:
(1)
There shall be only one personal watercraft per mooring permitted.
(2)
There shall be permitted only one personal watercraft per personal
watercraft float. Multiple personal watercraft floats are not allowed.
(3)
Personal watercraft floats shall be stabilized like any other
mooring, with one single mushroom anchor or pyramid anchor, which
shall be deemed adequate by the Bay Constable. [The use of piles/poles/pipes
is not allowed.]
[Amended 4-1-2019]
(4)
Personal watercraft floats must be equipped with a hand-crank
winch to pull the personal watercraft up onto the float.
(5)
Personal watercraft floats are limited in size to a maximum
of six feet by 14 feet.
(6)
The mooring permit number must be displayed on the float, utilizing
contrasting numbers and letters.
Q.
The following rules apply to commercial/aquaculture moorings (residents
only):
(1)
No mooring, spile or structure shall be placed in Town waters
unless duly authorized by written permission of the Trustees. Permission
shall be granted only to residents, taxpayers, freeholders and temporary
residents. Permits for the installation of a mooring, spile or structure
shall be granted to governmental authorities at the discretion of
the Trustees.
(2)
All permits issued for boat moorings are issued under the supervision
of the Bay Constables and are good only for the person to whom issued
and for the boat described on the permit. The permit number must be
placed on the mooring.
(3)
Fees for commercial/aquaculture moorings shall be established
by a resolution duly adopted by the Board of Trustees.
(4)
Mooring must be a mushroom anchor or pyramid anchor of a weight
prescribed by the Bay Constables.
(5)
No commercial/aquaculture mooring shall be issued for any vessel
in excess of 40 feet maximum.
(6)
The Town Trustees reserve the right to cancel or revoke the
mooring permit at any time, at the discretion of the Trustees.
(7)
If said permit is canceled, and/or revoked by Town Trustees,
the fees paid are not refundable.
(8)
There shall be no aquaculture activities in Cold Spring Pond
on Sundays between Memorial Day and Labor Day of each year, including
the repairing of aquaculture vessels.
A.
No person shall use a trawl, scoop, net or similar device, while
the same is attached or fastened in any manner to a boat, float or
device, in order to pull, drag, shove, or move such device in a manner
that disturbs, scrapes or moves any lands or the surface of any lands
under any of the waters of the Town of Southampton. This regulation
shall apply whether or not mechanical power is actually employed to
move any such trawl, scoop or net.
B.
Nothing contained in Subsection A herein shall be construed to apply to a bona fide dredging service while engaged in any work duly authorized by permit from the Trustees, to any bona fide haul seine not in excess of 1,250 feet in length, or to the taking of eels by a mechanically operated eel spear commonly known as an "eel dredge."
C.
No person other than a resident, freeholder or taxpayer shall pull,
drag, shove or move any device in such a manner so as to disturb any
lands and the surface thereof under the waters of the Town of Southampton.
[Amended 11-21-2016; 10-15-2018]
A.
Waterfowl hunting location permit required.
(1)
No person shall cause, allow or permit the installation of a
duck blind or decoy, or the anchoring of a boat, float or other structure
or device, within the waters of the Town of Southampton for the purpose
of shooting waterfowl or game, unless:
(a)
Such person possesses a valid Town of Southampton Board of Trustees
waterfowl hunting location permit; or
(b)
Such person possesses a valid New York State hunting license
with a federal migratory game bird stamp and is accompanied by a person
possessing a valid waterfowl hunting location permit issued by the
Town of Southampton Board of Trustees; or
(c)
Such person is accompanied by a commercial waterfowl hunting
guide who maintains a valid commercial waterfowl hunting guide permit
issued by the Town of Southampton Board of Trustees.
(2)
No person shall engage in the business of a guide for hire unless
such person is a resident, taxpayer or freeholder of the Town of Southampton
and maintains a valid New York State Department of Environmental Conservation
guide license and a commercial waterfowl hunting guide permit issued
by the Board of Trustees.
B.
Permit requirements.
(1)
A waterfowl hunting location permit applicant must submit proof
of Town of Southampton residency or property ownership along with
a current New York State hunting license that includes a current federal
migratory game bird stamp, between August 1 and October 31 of each
year.
(2)
A waterfowl hunting location permit will be issued to residents,
taxpayers or freeholders of the Town of Southampton free of charge
only upon the recommendation of the Bay Constables and upon approval
by the Board of Trustees.
C.
Permit rules and regulations.
(1)
All waterfowl hunters must follow all New York State Department
of Environmental Conservation hunting laws.
(2)
The transfer of a waterfowl hunting location permit is not permitted
unless the transfer of such permit is approved by the Bay Constables
and by resolution of the Board of Trustees.
(3)
A permit holder shall not cause, allow or permit a hunting spot
and/or a hunting location to be sold.
(4)
The Board of Trustees shall not approve more than two hunting
locations to any permit applicant.
(5)
A waterfowl hunting location permit holder must install, grass
and have their duck blind ready to be used for hunting by no later
than December 31 of each year. Prior to December 31 of each year,
all permit holders must schedule a visual inspection of their duck
boat and/or floating duck blind that is used in multiple locations
by calling the Bay Constable at 631-702-2268.
(6)
The installation of a duck blind must be in a location approved
by the Bay Constables and the Board of Trustees.
(7)
A permit holder must hunt in his or her approved hunting location
or duck blind at least once each season.
(8)
A duck blind may only be moved to a location that is approved
by the Bay Constables and the Board of Trustees or to a transient
area that is located in either Shinnecock Bay or Moriches Bay and
that is at least 2,000 feet from the nearest shoreline and that is
a minimum distance of 500 feet from all other hunters using the area
on the same day. Use of a transient area will be on a first-come,
first-served basis.
(9)
The Bay Constable reserves the right to impound, at the owner's
expense, any duck blind, shore blind, duck boat or other device that
is not in compliance with the Rules and Regulations for the Management
and Products of the Waters of the Town of Southampton. A minimum impound
fee of $250 plus the cost of any specialized equipment used to remove
the property from the area will be imposed before the property will
be returned to the owner.
(10)
Shore blinds must be constructed of non-chemically treated lumber.
The installation of a shore blind may not cause destruction or damage
to the wetlands. A shore blind may only be installed upon permission
of the landowner.
(11)
Stake blinds must be constructed of non-chemically treated lumber
and shall only be installed in freshwater bodies.
(12)
Duck blinds must be constructed of non-chemically treated lumber
and shall be installed in a location that is a minimum of 500 feet
from any adjacent blind in the direction of firing lines. However,
duck blinds will not necessarily be allowed every 500 feet in every
body of water in the Town. Traditional distances between blinds in
any given body of water will be maintained as much as possible.
(13)
A duck blind must display two placards bearing the waterfowl
hunting location permit number. One placard shall be located on the
back exterior of the blind and the other on the interior of the blind.
A duck blind or duck boat located in, a transient area will not be
required to display a placard.
(14)
A duck blind located in a freshwater lake, pond or related water
body shall not use phragmites and/or phragmite cuttings for dressing
camouflage or related covering of said blind.
(15)
A duck blind shall not be stored on a meadow or wetland or cause
destruction of any wetland vegetation.
(16)
No person shall distribute any type of food substance along
the shoreline or in the waters of Southampton Town Trustee-owned bottomland,
including both saltwater and freshwater, beginning 10 days prior to
the opening of migratory waterfowl season until the official closing
date of the season. Notwithstanding the foregoing, food substances
may be distributed in municipal parks and established sanctuaries
where residents typically go to feed the wildfowl year round. Nothing
in this regulation shall be construed to limit the feeding of domesticated
waterfowl by any person by whom such waterfowl is lawfully kept as
a pet.
(a)
Notwithstanding any of the above, the Board of Trustees may
authorize the emergency feeding of waterfowl when in their opinion
such action is necessary in order to alleviate undue losses and suffering
of such birds due to unusual weather conditions or other circumstances.
(18)
A duck blind located in Mecox Bay must be removed from Mecox
Bay (not including tributaries) no later than April 1 and may not
be installed before October 1 of each year.
(19)
Any person claiming a new, previously unknown hunting location
that is subsequently approved by the Board of Trustees shall be removed
from the waterfowl hunting location wait list.
(20)
All blinds and waterfowl hunting locations shall be maintained
in good condition, free of litter and debris, at all times.
D.
Penalties.
(1)
A violation of § 38 of the Rules and Regulations for the Management and Products of the Waters of the Town of Southampton shall be punishable as follows:
(2)
An appeal from revocation of a waterfowl hunting location permit
may be taken by the permit holder to the Board of Trustees by written
request, made within 30 days from the date of such revocation. The
Board of Trustees shall hold a public hearing on such appeal within
30 days after receipt of written notice of such appeal and after such
hearing shall make a decision either sustaining such permit revocation
or reinstating such permit within 30 days after the close of such
public hearing.
No eels, fluke, flounders or fish shall be taken from the bottom
of or caught from the Town waters by the so-called eel dredge, or
any mechanical device operated either by sail or power gas engine,
or electric motor, between April 1 and November 1, both inclusive,
in each year. During the permitted season, the taking of eels, fluke,
flounder, or fish by said devices shall be restricted to residents,
freeholders and taxpayers.
A.
No person shall abandon any vessel in any of the waters of the Town
of Southampton.
B.
Any abandoned vessel shall be removed by the Trustees at the expense
of the owners and shall be destroyed, or sold to defray any expenses
in connection with the removal or salvage of any abandoned vessel.
The term "abandoned vessel," as herein used, shall mean any boat or
floating structure, whether seaworthy or wrecked, which shall be left
anchored or unattended in the waters of the Town of Southampton for
a period of 30 days.
C.
Any deteriorated docks, bulkheading or pilings may be removed by
the Trustees, at the expense of the owners.
D.
The term "abandoned vessel," as herein used, shall mean any boat
or floating structure, whether seaworthy or wrecked, which is left
anchored or unattended in the waters of the Town of Southampton for
a period of 30 days.
E.
Notice of intention to remove or dispose of any abandoned vessel,
deteriorated dock, bulkheading or pilings shall be given by mail to
any known or reputed owner, at the last known address of said owner,
and by publishing a notice of intention to remove and dispose of any
abandoned vessel, deteriorated dock, bulkheading or pilings, in at
least one newspaper published in the Town of Southampton, at least
10 days in advance of such removal and disposition.
F.
At their option, the Trustees may elect to recover the costs of removal
for any vessel, dock, bulkhead or piling by filing suit in a court
of competent jurisdiction, or by submitting a bill for the costs to
the Receiver of Taxes of the Town of Southampton for inclusion on
and collection by the payment of real property taxes on any parcel
owned by the vessel or structure's last known owner of record.
A.
No person shall make an application for a permit to dam, open up
or drain in any manner whatsoever any of the bays, ponds or streams
within the boundaries of the Town of Southampton unless in possession
of a permit to perform that specific activity issued by the New York
State Department of Environmental Conservation.
B.
The use of internal combustion engines for the propulsion of watercraft
on freshwater ponds and streams in the Town of Southampton is prohibited.
A.
No dock or basin owned, controlled or operated by the Trustees shall
be used by persons other than residents, freeholders or taxpayers
of the Town of Southampton.
B.
No person shall dock, tie up, moor or anchor any boat or floating structure to or within 50 feet of any dock owned, controlled or operated by the Trustees, for a period longer than two hours in any twenty-four-hour period, except for the purpose of making emergency repairs to machinery, or hull, for the purpose of rendering such boat or structure seaworthy, in order to permit the same to proceed to a place of permanent repairs. The docking period allowed for such emergency repairs shall not exceed five days. Notwithstanding the foregoing, nothing in this Subsection B shall apply to the following areas:
C.
No person shall place any obstructions, or place, pile or store any
nets, boxes, bait cars of fishing equipment, or any gear, whatsoever,
upon any dock, wharf, pier or highway owned, controlled or operated
by the Trustees.
D.
No person(s) shall operate or park any vehicle whose gross weight
is in excess of 10,000 pounds, upon any dock, wharf, pier or ramp
maintained by the Town of Southampton or Board of Trustees, except
for emergency vehicles on official business.
E.
Trustee docking facilities; applicability; rules.
(1)
Trustee residential docking facilities:
(2)
The following rules shall apply to the Trustee residential docking
facilities:
(a)
Any vessel (motorized or not) that is moored, anchored or tied
up at a Trustee residential docking facility must be currently registered
with the New York State Department of Motor Vehicles to a Southampton
Town resident, freeholder or taxpayer. Said resident, freeholder or
taxpayer must be the principal operator of said vessel. Every vessel
must properly display the assigned New York State registration number
and current New York State validation sticker.
(b)
No vessel shall be offered for sale at any of these facilities
at any time.
(c)
Overnighting, defined as any person occupying or using or remaining
aboard any vessel for more than 1/2 of the time period between sunset
and sunrise in any twenty-four-hour period, aboard any vessel moored,
anchored or tied up at any Trustee residential docking facility is
strictly prohibited. Sleeping aboard any vessel is strictly prohibited
at all times.
(d)
Parties, barbecues, fires or the consumption of alcoholic beverages
on board any vessel while it is moored, anchored or tied up at any
Trustee residential docking facility is strictly prohibited.
(e)
No vessel in excess of 26 feet overall length shall be moored,
anchored, or tied up at any Trustee residential docking facility.
(f)
Every vessel moored, anchored or tied up at any of the Trustee
docking facilities shall be assigned a slip or location by a method
to be determined by the Trustees. In the event that the Trustees receive
more applications for a given facility than allotable space, then
the Trustees shall establish a waiting list for that facility.
[Amended 1-17-2018]
(g)
Each freeholder, taxpayer, or resident shall be limited to submitting
only one application for only one vessel registered to him or her.
Multiple applications for the same vessel, under different names,
or any other willful attempt to manipulate this lottery will result
in disqualification and forfeiture of entry into the lottery for a
period of five years.
(h)
Slip/location rentals shall be from April 15 through November
15 of each calendar year at a per-foot rate established by the Trustees.
There shall be no fee imposed for vessels moored, anchored or tied
up at any Trustee residential docking facility between December 1
and April 14 of two successive calendar years.
(i)
Subleasing of slips/locations is strictly prohibited. Any person
who ceases to use his or her assigned slip/location shall notify the
Trustees, who will then lease the slip/location to the next eligible
owner on the established waiting list, if one exists for the facility
in question. There shall be no refund to the original lessee; however,
any vessel owner assigned a slip/location from an established waiting
list shall be permitted to pay a prorated fee as determined by the
Trustees. Slip/location assignments are valid only for the vessel
indicated on the Trustee application. Owners may exchange vessels
during the course of a season only after notification to, and approval
from, the Trustees.
(j)
During the period from April 15 through November 15 the owner
of every vessel moored, anchored or tied up at any of these facilities
must have received a permit from the Trustees and prominently display
the sticker issued by the Trustees at or behind the New York State
registration numbers on the left side of the vessel's hull. Said sticker
shall be issued by the Trustees upon receiving full payment for slip/location
rentals.
[Amended 6-15-2020]
(k)
In the case of the Eastport Dock and Basin, seasonal (April
through November) slips/locations will only be available after the
tie-off poles have solidly set as determined by the Bay Constable
each spring. The Trustees will make every attempt to have these tie-off
poles in place prior to April 15 of each year. The Bay Constable may
order the owner or person in charge of any vessel or other floating
device moored, anchored or tied up during the off-season (December
1 through April 14) to remove it at any time prior to April 14 to
allow Trustee personnel space and time to install seasonal tie-off
poles. The owner or person in charge of said vessel or other floating
device shall be allowed no more than three days from the time of said
order to comply with same.
[Amended 6-15-2020]
(l)
No floating docks, duck blinds, eel cars, bait cars or unregistered
floating devices shall be moored, anchored or tied up at any of these
facilities at any time between April 15 and November 30 of each calendar
year.
(m)
Any vessel or other floating device moored, anchored or tied
up at any of the aforementioned facilities at any time of the year
shall be maintained in a seaworthy manner as determined by the Senior
Bay Constable. It shall be the responsibility of every vessel owner
or person in charge of any vessel to prevent the accumulations of
water in it and to make every reasonable attempt to prevent the possibility
of sinking.
(n)
Any vessel or other item found in contradiction of any of the preceding Subsection E(2)(a) through (m) may be removed by, or at the directions of, the Trustees or any duly authorized officer or agent thereof or member of the Town Police or Bay Constable of the Town. Impound fees as described in § 111-15B of the Code of the Town of Southampton shall be imposed for all vessels. An impound fee as determined by the Trustees shall be imposed on any nonvessel items.
F.
The following rules shall apply at the Trustees Commercial Basin
located at Road H in Hampton Bays:
(1)
Boat ownership. All vessels must be owned by a resident, freeholder, or taxpayer and must continue to be owned by the permit holder, partnership or corporation for the annual duration of the permit subject to the provisions of Subsection F(3), Transfer to immediate family, herein.
(2)
Sales; transfers; vessel sinkings.
(a)
Permit holders agree to notify the Board of Trustees of the
Freeholders and Commonalty of the Town of Southampton ("Board of Trustees")
in writing if they enter into a contract to sell, sell outright, or
lose their vessel due to sinking.
(b)
Where a permit holder sells the vessel for which a permit was
issued or otherwise loses the vessel due to an accident, the slip
shall not be deemed vacant if the permit holder provides written notification
and a valid contract that another vessel will be acquired. The new
vessel, however, must be of the same general size classification as
the previous vessel in order to fit the slip.
(c)
The permit holder shall have up to one year from the date of
sale, or the sinking of the old vessel, to obtain a new vessel or
give up the slip. The Board of Trustees reserves the right to assign
said slip during the vacancy on a temporary basis to the next vessel
on the waiting list for the slip. If no vessel will take the slip
temporarily, then the permit holder shall be responsible for paying
the appropriate dock fee in order to reserve the slip.
(d)
A vessel using a temporary vacant slip does not jeopardize its
place on any waiting lists for the next available slip.
(3)
Transfer to immediate family.
(a)
The permit holder shall be permitted to transfer ownership of
the vessel to immediate family members and still keep the dockage
permit. "Immediate family" shall be known for these purposes as husband,
wife, son, daughter, grandson, granddaughter, father or mother. In
addition, a permit holder may be permitted to transfer a vessel's
title to a corporation or partnership without loss of the slip, provided
said corporation or partnership is wholly owned or composed of by
the original permit holder or members of his immediate family.
(b)
A transfer of partnership interest or shares of stock to a person
not an immediate family member shall constitute a prohibited transfer
of ownership under these rules and regulations.
(4)
Homeport.
(a)
To be eligible for renewal of a slip, the applicant shall utilize
the Town Trustee Commercial Fishing Basin at Road H slip as his homeport
of operations. "Homeport" shall be defined for these purposes as the
location where the vessel is based more than six months per year.
(b)
The Board of Trustees shall be permitted to review all pertinent
records of the applicant to determine homeport of the vessel should
the Bay Constable's records show that the vessel has not been regularly
using the facility.
(c)
The Board of Trustees shall have the authority to waive or vary
the six-month requirement upon showing extenuating circumstances or
hardship.
(d)
In the event an applicant fails to comply with the foregoing
subsection, either by not docking for six or more months or by not
producing documents at the request of the Board of Trustees, then
the Board of Trustees shall have the right to revoke the applicant's
slip permit.
(5)
Permit fees.
(a)
Permit fees for slips shall be made payable to the Board of
Trustees of the Freeholders and Commonalty of the Town of Southampton
on or before the first day of January by cash, certified check or
money order, made payable to the Board of Trustees of the Freeholders
and Commonalty of the Town of Southampton.
(b)
Permit holders may pay their permit fees in no more than three
installments in accordance with a schedule acceptable to the Board
of Trustees. Any late payments shall also be accompanied by a late
fee of $100.
(c)
The dockage fee shall be based on the length of the vessel,
measured from the farthest point on the bow to the farthest point
on the stern. Said dockage fee shall be established by resolution
duly adopted by the Board of Trustees and shall be increased accordingly
at the time that metered electrical connections are provided by the
Board of Trustees for each vessel. However, each permit holder shall
be responsible for setting up separate individual accounts with LIPA
for the use of electricity. Permit holders found using power from
any other electrical hookup other than the one assigned to them risk
revocation of their permit (LIPA forms included).
(d)
It shall be the responsibility of the applicant to accurately
provide the actual dimensions of his vessel.
(e)
The Trustees reserve the right to change the permit fees at
the time of renewal provided at least 30 days' written notice to the
address listed by the applicant on the docking permit application.
(f)
One-half of the permit fee may be refunded to the vessel owner
should the vessel vacate the slip during the first half of the permit
duration. No refunds will be given for vessels vacating slips during
the second half of the year. All refund requests must be made in writing.
(6)
Insurance.
(a)
The Board of Trustees shall not be liable for any damage to
property of the permit holder or his/her employees, or for the loss
or damage to any property of the permit holder or his/her employees
by theft or otherwise, or for any injury or damage to persons or property
resulting from any cause whatsoever.
(b)
The permit holder agrees to maintain, at his/her sole expense,
hull/liability insurance in the amount of $500,000 in favor of the
Board of Trustees, against claims for bodily injury and/or death and
property damage, specifically sinking, occurring in or upon the marina.
Such insurance shall be in effect from the date the permit holder
receives the permit. The permit holder shall release and discharge
the Board of Trustees from any and all responsibility or liability
for injury (including death), loss, or damage to persons or property
in connection with the Board of Trustees' docking facility or marina.
This release and discharge shall cover, without limitation, any loss
or damage resulting from the Town or Board of Trustees' employees
parking, vandalism, theft, fire, hail, high/low tides, wind, collision,
ice, rain or any other act of God.
(c)
The permit holder shall indemnify and hold harmless the Board
of Trustees against and from all liabilities, obligations, damages,
penalties, claims, costs and expenses for which the Board of Trustees
shall not be reimbursed by insurance, including, but not limited to,
reasonable attorney fees paid, suffered or incurred as a result of
any breach by the permit holder, his/her agents, contractors, employees,
invitees or licensees. In case any action or proceeding is brought
against the Board of Trustees by reason of any such claim, the permit
holder shall, upon written notice from the Board of Trustees, and
at the permit holder's expense, resist or defend such action or proceeding
by counsel approved by the Board of Trustees in writing; such approval
not to be unreasonably withheld.
(d)
The permit holder shall not hold the Board of Trustees liable
for any loss caused by any delay in launching, transporting or commissioning
caused by weather or any other event beyond the control of the Board
of Trustees.
(7)
Slip assignments.
(a)
Assigned slips shall be used only by the assigned vessel and shall not be sublet, assigned or transferred to any other party except as listed in Subsection F(2).
(b)
Specific assignments of slips to permit holders will be determined
by the Board of Trustees. The major criteria for slip assignments
shall be length, draft and breadth of the vessel in order that it
will fit in the slip and not damage the pilings or be a hazard to
other vessels.
(c)
Should a slip become available, remaining slip holders within
the same size classifications, upon written request, may transfer
to the available slip, subject to the approval of the Board of Trustees.
If this transfer should preclude the next person on the waiting list
from being accommodated a slip, it shall be denied. Should there be
more than one remaining slip holder in the same size classification
desiring to transfer to an available slip, the slip shall be allocated
based on a lottery established by the Board of Trustees.
(8)
Equipment storage. Storage of equipment is not allowed. The
Board of Trustees shall have the authority to confiscate and remove
any equipment stored or abandoned at this facility. Should continued
disposal be needed, the cost of disposal may be reflected in the dock
fees the next year for all slip holders. Bait, waste oil, garbage
and flammable liquids are prohibited from storage areas or on the
docks.
(9)
Damage to the facility. Any damage done by the permit holder,
his crew or vessel to any part of the facility or to another vessel
shall be reported to the Bay Constable or the Board of Trustees immediately.
Individual vessel owners may be held responsible for repairs needed
due to negligence. Permit holders are prohibited from modifying any
part of the facility or equipment provided by the Board of Trustees
without the written consent of the Board of Trustees.
(10)
Alcoholic beverages. The use/consumption of alcoholic beverages
and illegal drugs is prohibited at the Town Trustee Commercial Fishing
Basin at Road H. Violators will be prosecuted.
(11)
Term of permit; renewal of slips. Slip permits shall be valid
for one calendar year so long as the applicant is operating the commercial
fishing vessel listed on the permits and complies with all rules and
regulations relating to the operation of the fishing pier. In order
to renew the permit, the applicant must completely fill out the proper
registration form and return it to the Board of Trustees on or before
December 31.
(13)
Suspension; revocation of dock slip. The Board of Trustees shall
have the right to inspect any documents, etc., needed to verify compliance
with any or all sections of these rules and guidelines. Further, the
Board of Trustees may revoke or suspend a permit for any reason upon
10 days' written notice to the address listed by the applicant on
the docking permit application.
(14)
Waitlist. Should the facility be full, applicants who meet the
eligibility requirements noted below will be placed on a waiting list.
This list will be maintained by date of application and size category
of the vessel. Smaller vessels may be assigned larger slips until
a small slip becomes available.
A.
No person owning, chartering, operating or occupying a watercraft
shall use it for living or sleeping purposes while moored in or upon
Town waters, or at any dock or marina, for more than four consecutive
days. The term "watercraft" shall mean any contrivance primarily used
for transportation over water, whether or not capable of self-propulsion.
B.
For the purpose of this subsection, "houseboat" shall mean a boat,
barge or other craft equipped for use primarily as a dwelling as opposed
to primarily used for transportation over the water. No person, corporation,
firm, association, organization, owner or agent shall moor or anchor
any houseboat within the waters of the Town of Southampton without
first obtaining a permit from the Town Trustees; the permit shall
be valid for 72 hours, and the fee therefor shall be determined by
a resolution adopted by the Board of Trustees.
No person other than a resident or freeholder of the Town of
Southampton shall place a trap of any kind or description, or any
stake or device for the purpose of securing a trap, in the bottomlands
of the waters of the Town of Southampton for the purpose of taking
fur-bearing animals.
A.
No person shall remove any grass or natural growth whatsoever, poison
ivy being the only exception, from lands or property in the Town located
on the ocean strand, between the ocean and any bay, canal, or inland
body of water, or from any land within 200 feet of the north line
of ocean beach in any portion of the Town which has no separation
from the mainland by bay, canal or inland water, without prior written
approval by the Director of Natural Resources of the Town of Southampton,
subject to final approval by the Town Trustees.
B.
No person shall remove, impair, damage or destroy any beach grasses
or wetlands vegetation of any kind or place any spoil thereon or any
other area of the Town of Southampton without prior written approval
by the Director of Natural Resources of the Town of Southampton and
the Board of Trustees.
