[Adopted 6-12-1985 (Ch. 10 of the 1972 Code)]
A. 
It is the intent and purpose of this article to safeguard and promote the health, safety and welfare of the residents and inhabitants of the Town of Carmel by regulating the construction, size and maintenance of docks, piers and slips upon the shorelines of the lakes or bodies of water, not privately owned, within the Town of Carmel.
B. 
In adopting this article, the Town Board recognizes that the State of New York has effected certain controls relating to boats on navigable waters and otherwise, and the Town Board does not presume to preempt such authority. If any of the sections or provisions of this article conflict with the laws, rules or regulations duly adopted by the State of New York, then such conflicting sections or provisions shall be deemed to have been superseded accordingly.
C. 
Nothing contained in this article shall be construed to limit, abate, abridge or restrict the power or authority of the State of New York or any of its duly constituted agencies in the matters embraced herein.
A. 
Any person, firm or corporation who or which, at the time of the passage of the Zoning Ordinance of the Town of Carmel,[1] was lawfully engaged or has since become lawfully engaged in the Town of Carmel in the business of renting out for hire, buying, selling or trading boats or watercraft or the renting of docking space for boats or watercraft shall file with the Town Clerk, not later than May 15 of each year, a statement showing the number of boats or watercraft for which each docking space is proposed to be rented, the type of boats and the period of time for which such dock space is to be rented. There shall also be included a statement showing the number and type of boats available for renting, leasing or hiring.
[1]
Editor's Note: See Ch. 156, Zoning.
B. 
Any boat or watercraft which may lawfully be rented, leased or hired shall bear suitable wording or legends thereon indicating that it is a rented boat, not privately owned. Such wording or legend shall be so placed on the boat that it will not interfere with the numbers required to be displayed by the Navigation Law of New York.
A. 
Nothing contained herein shall be deemed to validate any boat rental or dock space rental activities which are or may be contrary to the provisions of the Zoning Ordinance of the Town of Carmel.[1]
[1]
Editor's Note: See Ch. 156, Zoning.
B. 
The Town reserves the right to limit the number of dock rental spaces, anchoring or mooring privileges, as well as the number of boats or watercrafts which may be leased or rented on any of the lakes or bodies of water, not privately owned, within the Town of Carmel, upon a determination by the Town Board that the health, safety or welfare of the inhabitants of the Town will be promoted by such limitations.
A. 
No dock, pier or slip on any of the lakes or bodies of water in the Town of Carmel (not privately owned) shall be built or extended into the lake beyond a distance of 25 feet from the mean high-water mark of such lake or body of water.
B. 
The Town Board may, upon written application therefor and after a public hearing duly called for such purpose, modify or vary the terms of this restriction. The person making such application shall pay the required fee to the Town Clerk. The application fee shall be established annually by resolution of the Town Board and shall be on file with the Town Clerk.
[Amended 11-26-1986]
No public marina, dock or other place where boats are lawfully hired, rented or sold or where docking space is lawfully rented or leased shall expand dock structures or mooring facilities beyond the capacity therefor as the same lawfully existed on September 1, 1962.
Every public marina, dock or other place where boats are lawfully hired, rented or sold or where docking or mooring space is lawfully rented or leased shall provide and maintain at all times when open for business, adequate and proper sanitary facilities for the use of its patrons, and such facilities shall be so designed that they will operate without danger of pollution to the adjacent waters.
Every public marina, dock or other place where boats are lawfully hired, rented or sold or where docking or mooring space is lawfully rented or leased shall provide and maintain at all times when open for business adequate and proper garbage and refuse receptacles for the use of its patrons. Such receptacles shall be kept covered, screened, be regularly emptied and shall not be located on any public street, sidewalk or property.
No public marina, dock or other place where boats are lawfully hired, rented or sold, or where docking or mooring space is lawfully rented or leased, nor any person shall be permitted to park or place any boat, boat trailer or boat cradle, whether or not affixed to a motor vehicle, on any public street or property within the Town of Carmel.
A. 
The Town Board of the Town of Carmel, after notice and a hearing as hereinafter provided, shall cause to be removed from the waters of the Lake Mahopac any debris, flotsam, jetsam, floats, rafts, docks, boats or other matter when the presence of the same imperils safe navigation and use of Lake Mahopac or threatens the health, safety and welfare of those people using Lake Mahopac.
B. 
Upon the complaint of any person, the Town Board will cause notice to be served on the adjacent landowner(s). Such notice shall be served personally or by registered mail addressed to the last known address, if any, as shown on the records of the Assessor of the Town of Carmel. Said notice shall describe the property to be removed and its location and shall include a statement that its presence is deemed dangerous or unsafe. Said notice shall state that such property shall be removed from the lake within 10 days of a hearing before the Town Board, which hearing shall be scheduled not less than 10 days from the date of service of the notice. At such hearing, any person who claims an interest in such property may be heard. Upon such hearing, a finding shall be made that the subject property constitutes a danger and the Town Board shall order its immediate removal. The expense of the same shall be charged against the Lake Mahopac Park District.[1]
[1]
Editor's Note: Former § 10-10, Boat registration; permits and fees, as amended, which immediately followed this subsection, was deleted 11-1-2006 by L.L. No. 7-2006.
[Amended 11-1-2006 by L.L. No. 7-2006; 11-20-2007 by L.L. No. 6-2007]
A. 
Any person convicted of a violation of this article or any section hereof shall be guilty of a violation and punished by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
B. 
The Police Department, the Director of Codes Enforcement, the Building Inspector, the Deputy Building Inspector and the Code Enforcement Officer of the Town or any other agency, officer or employee designated by the Town Board by resolution shall be charge with the enforcement of this article.