[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provisions shall be deemed to have been superseded accordingly.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.
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.
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.
