[Added 6-16-2020 by L.L. No. 17-2020[1]]
[1]
Editor's Note: This local law also redesignated former Art. VIII as Art. IX.
(A) 
It shall be unlawful, within 1,500 feet of the shorelines of the Incorporated Villages of the Town of Huntington, for any person to place or cause to be placed a mooring on any underwater land over which the Town of Huntington and/or the Board of Trustees have ownership without first obtaining a mooring permit or transient mooring permit from the Department of Maritime Services. No permit of any kind shall be issued to persons under eighteen (18) years of age.
(B) 
It shall be unlawful, within 1,500 feet of the shorelines of the Incorporated Villages of the Town of Huntington, for any person to tie or secure a vessel or float or any other object to a mooring for which a mooring permit or transient mooring permit has not been issued by the Department of Maritime Services.
(C) 
Any person who, within 1,500 feet of the shorelines of the Incorporated Villages of the Town of Huntington, places or causes a mooring to be placed, or causes a vessel or float to be tied to a mooring for which no mooring permit has been issued, or causes a vessel or float to be tied to a mooring without a transient mooring permit having been issued shall be in violation of this article. In such event, and in addition to any other penalties provided for herein, any mooring and vessel/float attached thereto, shall be impounded, stored and secured by the Department of Maritime Services at the owner's expense.
(D) 
Any vessel, float and/or mooring removed may be redeemed by the owner or person-in-charge thereof, upon proof of ownership, the presentation of a valid permit and the payment by credit card, certified or bank check, or money order of all reasonable costs, including but not limited to, the costs of removal, the impound fee, and the costs of storage and maintenance of the vessel, float and mooring.
(E) 
Exemption. The requirements of this section shall not apply to temporary moorings installed to facilitate work on projects for which all other necessary permits and approvals have been issued by the Town of Huntington and any local, state or federal agency having jurisdiction, or to temporary moorings installed to facilitate work on projects financed or undertaken by the Town of Huntington and/or the Board of Trustees.
(A) 
Residents and non-residents who own vessels or floats, and corporations and other business entities, including commercial enterprises, shall be entitled to make application to the Department of Maritime Services for a mooring permit to place a mooring upon the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership. Yacht clubs, marinas and boating associations may apply for a mooring permit on behalf of their members, when acting as the agent of the owner, as long as an original statement of authority and proof of residency of the owner is produced at the time of application. Mooring permits shall be issued in the order in which received and residents of the Town of Huntington shall receive a preference over non-residents. Renewals of mooring permits from the prior year shall take priority over new applications if the permit holder is in good standing as determined by the Department.
(B) 
Application. An application for a mooring permit shall be on a form provided by the Department of Maritime Services and shall be filed by the first day of May of every calendar year. All applications shall contain the following disclosure statement:
All moorings placed within 1,500 feet of an Incorporated Village are subject to the mooring regulations and restrictions of said Village, if any, as well as the applicable provisions of Chapter 137 of the Huntington Town Code.
[Amended 9-14-2021 by L.L. No. 56-2021]
(C) 
Insurance requirements. Any vessel with an internal fuel tank shall be subject to insurance requirements for liability which includes pollution mitigation and vessel wreck removal with limits of $300,000 per occurrence.
[Added 9-14-2021 by L.L. No. 56-2021[1]]
[1]
Editor's Note: This local law also redesignated former Subsections C through E as Subsections E through H, respectively.
(D) 
Attestation. All applicants for a mooring permit shall execute an acknowledgement or attestation that the applicant is familiar with and will abide by all applicable laws, rules and regulations of any federal, state, town and village having jurisdiction over the anchoring and mooring of vessels and floats.
[Added 9-14-2021 by L.L. No. 56-2021]
(E) 
Application/permit fee. An application fee and mooring permit fee in an amount established by the Town Board and/or Huntington Board of Trustees shall be payable upon application.
(F) 
Proof of residency. Residency shall be established by the production of the following: (1) a true copy of the vessel registration certificate and (2) a copy of the New York State driver's license of the owner or, in lieu of a driver's license, such other documentation as may be acceptable to the Department of Maritime Services. In the event registration of the vessel is not required pursuant to the applicable provisions of the New York State Navigation Law or the New York State Vehicle and Traffic Law, then, in that event, the applicant shall produce such other documentation as is satisfactory to the Department.
(G) 
Other documentation. The applicant shall provide such other documentation or information requested by the Department.
[Added 9-14-2021 by L.L. No. 56-2021]
(H) 
Renewal of permit. An application for a renewal shall be on a form approved by the Department of Maritime Services and shall be filed on or before the date set by the Department. An application fee and permit fee as established by the Town Board shall be payable as in the case of an original application.
(A) 
The Department of Maritime Services shall determine whether a permit should be issued and shall notify the applicant within five (5) days of filing whether the application is granted or denied. In the event the application is granted, the permit shall be issued forthwith upon compliance with all applicable requirements. In the event the application is denied, notice of denial of a permit shall be given in writing by regular mail and addressed to the applicant at the address shown on the application. Such notice shall set forth the grounds for the denial and shall be final.
(B) 
Prohibition. It shall be unlawful, within 1,500 feet of the shorelines of the Incorporated Villages of the Town of Huntington, for any person to place or maintain a mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership, or to tie or secure a vessel or float or any other object to a mooring if a permit has been denied. Any mooring so placed and vessel or float so tied shall be impounded and stored by the Department of Maritime Services at the owner's expense. Any mooring, vessel or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance costs, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.
An application to place a mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership may be denied by the Department of Maritime Services under the following conditions:
(A) 
If fraud or a misrepresentation of a material fact is contained in the application for a permit; or
(B) 
If, within five (5) years of the application date, the applicant has been found by the Bureau of Administrative Adjudication or a court of competent jurisdiction to have violated a provision of this Article or of Chapter 120 of the Huntington Town Code, or of any rule, regulation or law of any village, state, or federal agency having jurisdiction over navigation, or if a mooring permit has previously been revoked, except that a permit may be granted if, in the judgment of the Department, the person has since conducted himself or herself in a law-abiding manner and the issuance of a permit will not be contrary to the laws or rules of any agency having jurisdiction, or endanger the public peace or good order, or jeopardize the safety of other permit holders, their vessels, or public or private property; or
[Amended 9-14-2021 by L.L. No. 56-2021]
(C) 
If, within five (5) years of the application date, the applicant has violated the conditions of a prior permit, or the provisions of this article, or has knowingly disregarded or disobeyed a reasonable request or order of the Department of Maritime Services or other town official; or
(D) 
If, in the judgment of the Department, the issuance of a permit would jeopardize the safety of other permit holders, their vessels, or any public or private property; or create a nuisance or hazard; or jeopardize the use and enjoyment of surrounding properties; or disrupt the peace and good order.
Acceptance of a mooring permit or transient mooring permit shall constitute an agreement by the permit holder that:
(A) 
He or she will defend and hold the Town of Huntington and the Board of Trustees harmless from any claim, loss, damage, suit or judgment for property damage and/or personal injury, including death and reasonable attorney fees, that may arise from or in connection with the operation, tying, removal or disposal of the vessel or float, or the placing and maintenance of the mooring, and further agrees to fully reimburse the Town of Huntington and Board of Trustees for any damage caused to Town of Huntington or Board of Trustee property as a consequence of these activities; and
(B) 
He or she agrees to be liable to the Town and Board of Trustees for any costs, expenses, charges, and losses incurred by the Town or Board of Trustees for the removal, impound, storage, disposal, and sale of any vessel or float that becomes unseaworthy, swamped, sunk, derelict or abandoned while tied to the mooring, and/or for the costs of removing or relocating the vessel, float, or mooring if it impedes or restricts navigation at the location.
(C) 
The permit holder agrees to comply with the applicable laws, rules and regulations of any federal, state, town and/ or village having jurisdiction over the anchoring and mooring of vessels and floats.
[Added 9-14-2021 by L.L. No. 56-2021]
It shall be unlawful for a mooring permit or transient mooring permit issued by the Town to be assigned, sold or transferred by the holder. A mooring shall be utilized only by the vessel or float for which the permit is issued and a permit holder may not sublease the use of the mooring to another, with the exception of transient mooring permit holders. Any person who violates the provisions of this section shall be deemed to have committed an offense against this article.
(A) 
Mooring permit decals shall be properly affixed to the port side of a boat's transom in a conspicuous place so as to be easily inspected. In the event the mooring is for a vessel other than a boat or for a float, then the decal shall be conspicuously placed for Town inspection.
(B) 
All commercial entities, including but not limited to, marinas, yacht clubs, boating associations and boat yards placing moorings shall conspicuously mark all mooring balls or mooring floats under their control or under the control of their members with the name of the vessel owner, name of the vessel, or the name of the mooring installer so as to be easily identified from the surface of the water.
(C) 
All individuals placing moorings shall conspicuously mark each mooring ball or mooring float under their control with the name of the vessel or the name of the owner so as to be easily identified from the surface of the water.
(D) 
Any person or commercial entity who fails to properly mark a mooring ball or mooring float, or to affix a mooring permit decal to a vessel or float being moored as provided herein shall be in violation of this article. In addition to any penalties set forth in this article, any mooring, and any vessel or float tied thereto which is not in compliance may be impounded, stored and secured by the Department of Maritime Services at the owner's expense.
(E) 
Any vessel, float and/or mooring removed may be redeemed by the owner or person in-charge thereof upon proof of ownership, the presentation of a valid permit and the payment by credit card, certified or bank check, or money order of all reasonable costs, including but not limited to, the costs of removal, storage and maintenance of the vessel, float and mooring.
(A) 
Minimum standards for mooring vessels and floats:
Mooring*
Length at Waterline of Boat
(feet)
Mushroom Anchor
(pounds)
Diameter of Top Half of Chain
(inches)
Diameter of Bottom Half of Chain
(inches)
Buoy Diameter
(inches)
Nylon Rope Diameter
(inches)
15 to 19
100
5/16
3/8
15
1/2
20 to 24
150
5/16
3/8
15
1/2
25 to 29
200
3/8
3/8
15
3/4
30 to 34
300
3/8
1/2
15
3/4
35 to 39
350
3/8
1/2
15
3/4
40 to 44
400
1/2
5/8
18
3/4
45 to 49
500
1/2
5/8
18
1
50 to 54
550
5/8
3/4
24
1 1/4
55
700
5/8
3/4
24
1 1/2
* NOTES:
1.
Shackles, swivels, etc., should be a size larger than the size of the chain.
2.
All buoys must protrude at least 12 inches above water.
3.
All buoys shall have swivels located not more than half way down the rode.
4.
All moorings must be removed or inspected annually.
5.
All shackles must be safety wired and maintained.
6.
All pennants shall consist of two lines for redundancy except in cases where a specialty high-strength pennant line is used and the vessel does not have an anchor installed at the bow.
(B) 
No person shall tamper with or move any mooring not owned or under the control of such person unless under the direction of the Department of Maritime Services.
(C) 
No vessel or float shall be moored so that any portion of the vessel or float is within a channel; or closer than fifty (50) feet of a channel marker or a designated public swimming area; or closer than one hundred (100) feet of a town dock, float or ramp; or at a location which impedes or restricts the swing of any vessel or float already moored; or in such location as to impede or create a hazard to navigation; or for any other reason that has the potential to harm life or property.
(D) 
There shall be no less than fifty (50) feet between mooring buoys, unless otherwise approved by the Department.
(E) 
If, in the judgment of the Department of Maritime Services, a mooring, or any part of a vessel or float being moored; is placed or located so as to impede or create a hazard to navigation or to another vessel or float, or is closer than fifty (50) feet of another mooring, or within fifty (50) feet of a channel marker or designated swimming area, or within a channel, or within one hundred (100) feet of a town dock, float or ramp, or impedes the swing of any vessel or float already moored, or for any other reason has the potential to harm life or property, then in that event, the owner or person-in-charge of the mooring, float or vessel thereof shall be given three (3) days prior notice to remove and/or relocate the mooring, vessel or float by the Department. In the event of the failure, neglect or refusal to take corrective action within said three (3) day period, or any extension granted by the Department, then the Department is authorized to remove and/or relocate the mooring and vessel or float at the expense of the owner. Any vessel, float or mooring removed may be redeemed by the owner or person-in-charge thereof upon proof of ownership and the payment of all reasonable costs incurred by the Town of Huntington. Failure to pay the costs in full within ten (10) days of a request by the Town shall be cause for the immediate revocation of the permit by the Department.
(F) 
Nothing contained in this Article shall prohibit the Department of Maritime Services from revoking the mooring permit at the expiration of three (3) days, or at the expiration of any extension granted by the Department, if no corrective action has been taken.
(G) 
If, in the judgment of the Department, a mooring and/or vessel or float tied thereto severely impedes or severely restricts navigation, or is in such location so as to cause immediate and/or serious danger to life or property, the Department may immediately impound and/or relocate the mooring and/or vessel or float at the expense of the owner without providing such three (3) day prior notice. Any mooring, vessel or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order. Failure to pay the costs in full within ten (10) days of a request by the Town shall be cause for the immediate revocation of the permit by the Department.
A permit to place a mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership may be revoked by the Director of Maritime Services under the following conditions:
(A) 
If fraud or a misrepresentation of a material fact is contained in the application for a permit; or
(B) 
The permit holder, during the permit term, has been found by the Bureau of Administrative Adjudication or a court of competent jurisdiction to have violated a provision of this Article or of Chapter 120 of the Code of the Town of Huntington, or of any rule, regulation or law of any village, state, or federal agency having jurisdiction over navigation, except that a permit may be continued if, in the judgment of the Director, the person has since conducted himself or herself in a law-abiding manner and the continuation of a permit will not be contrary to the laws or rules of any agency having jurisdiction, or disturb the public peace or good order, or jeopardize the safety of other permit holders, their vessels or public or private property; or
[Amended 9-14-2021 by L.L. No. 56-2021]
(C) 
If the permit holder violates the conditions of the permit, or if any mooring for which a permit has been issued is being used in violation of this article or of any rule or regulation issued thereunder, or if the permit holder knowingly disregards or disobeys a reasonable request or order of the Department or other town official; or
(D) 
If the permit holder, in the judgment of the Director, conducts himself or herself in an unlawful manner or in such manner as to constitute a breach of the peace, or so as to be a menace, or so as to jeopardize the safety of other permit holders, their vessels or public or private property.
(A) 
Notice of intention to revoke a mooring permit or transient mooring permit shall be mailed to the permit holder by the Department of Maritime Services by regular and by certified mail, return receipt requested, to the address shown on the application, and by e-mail if known, with a copy to the Huntington Town Clerk and Town Attorney. The notice shall direct that remedial or other action be taken, if applicable, by the date specified in the notice or the permit may be revoked. Upon good cause shown to the satisfaction of the Department, the period for compliance may be extended where remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice has been issued.
(B) 
Contents of notice. In the event the revocation of a permit is based upon conduct that cannot be remediated, the notice shall describe the vessel or float; the date, time, place and nature of the offense; and the date, time, and place of the fact-finding hearing before an Administrative Hearing Officer. In all other cases, the notice of intention to revoke shall contain the following:
(1) 
A description of the vessel or float.
(2) 
The nature of the offense or reason for the proposed revocation.
(3) 
A description of the remedial action which, if taken, will effectuate compliance with the notice.
(4) 
A statement that the remediation or abatement must commence immediately upon receipt of the notice and completed within a specified date. A statement that if the remediation or abatement is completed to the satisfaction of the Department within such period, no hearing will occur and the permit will remain valid.
(5) 
A statement that in the event of the failure or refusal of the person to whom the notice is issued to comply by the date on the notice or approved date of extension, a preliminary fact finding hearing will be held on the date, time and place specified in the notice before an Administrative Hearing Officer, who shall consider the evidence and submit his or her findings and recommendations to the Director for ultimate determination.
(6) 
A statement that in the event of the failure to comply or appear for a hearing, the notice shall automatically become a final order of revocation.
(C) 
Amendment, modification or withdrawal. The Department may amend, modify or withdraw any notice issued if the circumstances warrant such action provided the amended or modified notice is served as provided in (A) herein within ten (10) days of service of the original notice, and a hearing has not occurred.
(D) 
At the hearing the permit holder may be represented by counsel and may submit such competent evidence as he or she deems advisable or necessary. The Hearing Officer shall submit his findings and recommendations to the Director. A copy of the Hearing Officer's report shall be filed with the Town Clerk and Town Attorney, and mailed to the permit holder by regular and certified mail, return receipt requested, to the address shown on the application along with a statement that the permit holder has five (5) days from receipt of the report to submit to the Director his written objections thereto. The Director shall consider the applicant's written statement and the Hearing Officer's report, and may adopt or reject, in whole or in part any portion thereof as he or she deems advisable or necessary under the circumstances; and may thereafter revoke the permit, or withdraw the notice of intention to revoke with or without such terms and conditions as the Director establishes to protect the health, welfare and safety of the public, or to maintain the peace and good order. The decision of the Director shall be filed in the Office of the Town Clerk and Town Attorney, and served upon the permit holder in the same manner as the report. The decision of the Director is final. If the permit is revoked, the fee paid for the mooring permit or transient mooring permit shall not be refunded.
(E) 
Final order. The notice of intention to revoke shall automatically become an order of revocation if there is no compliance and there has been no appearance at the fact finding hearing by the person to whom a notice has been issued. The order, when issued, shall be served in the same manner as the original notice.
(F) 
It shall be unlawful for a person, within 1,500 feet of the shorelines of the Incorporated Villages of the Town of Huntington, to allow a mooring to continue on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership, or to tie or continue to secure a vessel or float or any other object to a mooring if a mooring permit has been revoked. Any mooring, and any vessel or float attached thereto, which is not removed by the owner shall be impounded forthwith and stored by the Department at the expense of the owner. Any mooring, vessel, or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance, together with all other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.
(A) 
Application; grounds for denial. Corporations and other business entities, including without limitation, commercial enterprises, yacht clubs, marinas, boating associations and commercial mooring installers may file an application for a transient mooring permit to accommodate the temporary berthing of a vessel or float. Transient mooring permits for residential use shall not be issued. The application shall be in a form approved by the Department of Maritime Services and shall be filed with the Department. A non-refundable application and mooring fee in an amount established by the Town Board shall be paid at the time of application. The Department of Maritime Services shall establish such procedures it deems necessary to process applications for transient mooring permits and may deny an application if, in the judgment of the Department, the issuance of a permit to the applicant would, because of the mooring's intended location or other reason, jeopardize the safety of permit holders, their vessels, floats, public or private property; or impede or restrict safe navigation; or would create a hazard or danger; or would negatively impact or unduly disturb marine organisms and/or the underwater lands; or would jeopardize the peace and good order. An application may also be denied if, in the judgment of the Department, the location of the vessel or float does not comply with applicable village, town, federal, state or local environmental or safety laws, rules or, regulations, or with the applicable laws, rules or regulations of any governmental agency having jurisdiction over navigation.
[Amended 9-14-2021 by L.L. No. 56-2021]
(B) 
Conditions. Transient permits shall be issued by the Department on such terms and conditions it deems necessary.
(C) 
Revocation. The Director may revoke a transient mooring permit if the permit holder or user of the mooring has knowingly disregarded or disobeyed a reasonable request or order of the Department or other town official, or conducts himself or herself in an unlawful manner or in such manner as to constitute a breach of the peace, or so as to be a menace or a hazard, or because of the size or location of the vessel or float moored thereat, or for other reasons that jeopardize the safety of other permit holders, their vessels, floats or public or private property, or impedes or restricts safe navigation, or negatively impacts or unduly disturbs marine organisms and/or the underwater lands, or the permit holder or user of the mooring does not comply with applicable village, town, federal, state or local environmental or safety laws, rules or regulations, or the applicable laws, rules or regulations of any governmental agency having jurisdiction over navigation. A revocation hearing shall occur as set forth in § 137-51.
[Amended 9-14-2021 by L.L. No. 56-2021]
(D) 
Prohibition. It shall be unlawful for any person, within 1,500 feet of the shorelines of the Incorporated Villages of the Town of Huntington, to place or maintain a transient mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership, or to tie or secure a vessel or float or any other object to a transient mooring if a transient mooring permit has been denied or revoked. Any mooring so placed or continued, and any vessel or float so tied shall be impounded and stored by the Department of Maritime Services at the owner's expense. Any mooring, vessel or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance costs, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.
(E) 
Marking of moorings. Holders of transient permits shall conspicuously mark each mooring ball being utilized with the organization, club, marina or association's name so as to be easily identified from the surface of the water. Any person who fails to properly mark a mooring ball as provided herein shall be in violation of this article. In addition to any penalties set forth in this article, any vessel or float tied or anchored to a mooring without such identification being displayed on the mooring shall be impounded, stored and secured by the Department of Maritime Services at the owner's expense. Any mooring, vessel, or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance charges, together with all other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.
(A) 
The Department of Maritime Services may move any mooring placed on underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership for the purpose of inspection, or for any reason set forth in § 137-49(E) and (G).
(B) 
In the event of a dispute between or among holders of mooring permits regarding the placement or location of moorings, the decision of the Senior Harbor Master shall be final and binding upon all the parties involved in the dispute.
(C) 
The Director of Maritime Services may establish such other procedures and guidelines, not inconsistent with this article, as he/she deems advisable and/or necessary to maintain the peace and good order, or to safeguard the health, safety and welfare of the public, public and private property, navigable waters, marine organisms, and/or the underwater lands.
(D) 
It shall be unlawful for any person to knowingly refuse or neglect to obey any reasonable request or order of the Department of Maritime Services or other town official.
(A) 
Impound and storage fees.
(1) 
The owner or person-in-charge of any vessel, float or mooring impounded by the Department pursuant to this article shall be liable for an impound fee per float, vessel or mooring in an amount established by the Town Board from time to time. An impounded vessel or float shall be stored at a cost per foot as measured length overall for each day, or part thereof, a vessel or float is stored by the Director at town facilities. Moorings shall be stored at a cost per pound. These charges shall be established by the Town Board and are in addition to any other direct or incidental costs incurred by the Town. In the event it is necessary for the Director to retain the services of an outside vendor to render these services the impound fee shall be payable to the Town, and the owner or person-in-charge of the vessel, float or mooring shall be liable for the costs of hauling, transportation, and storage charged by the vendor.
(2) 
The owner or person-in-charge of a vessel, float or mooring which has been impounded shall be notified by the Department and directed to claim and remove the vessel, float or mooring from the storage facility within 24 hours of receipt of the notice. Where the vessel, float or mooring is stored at a town facility, failure to claim and remove the same within the time specified shall subject the owner or person-in-charge to a storage fee to be calculated from the expiration of the 24 hour period. Notice may be given by telephone, regular mail, or certified mail return receipt requested, and addressed to the last known address of the owner or person-in-charge, or through any other method deemed reasonable or necessary by the Director.
(B) 
Relocation of moorings. The Town Board shall, from time to time, establish a per pound fee to be charged in the event a mooring is relocated.