[HISTORY: Adopted by the Board of Trustees of the Village
of Quogue 5-13-1966 by Ord. No. 36. Amendments noted where applicable.]
[Amended 3-20-1987 by L.L. No. 1-1987]
No person shall erect or construct a bulkhead or a dock on any
lands in the Village of Quogue, New York, in or adjoining any waters
within or bounding the Village of Quogue without first obtaining a
permit therefor from the Board of Trustees, which shall grant such
permit if, in the judgment of the Board of Trustees, the issuance
of said permit shall not be contrary to the public health, safety
or interests of the people of the Village of Quogue and, in the case
of a bulkhead, will aid in arresting and preventing damage to property
in the Village resulting from floods or erosion.
No permit for the erection or construction of such a bulkhead,
having a height in excess of four feet above the mean high water mark,
shall be issued by said Board of Trustees unless said Board shall
find, after a public hearing thereon of which 15 days' notice
shall have been given by publication in the official newspaper, that
the erection or construction of a bulkhead, in excess of four feet,
as aforesaid, is in the public interest and is necessary because of
the physical characteristics of the location involved or the nature
of tidal action or similar considerations.
The permit required by this chapter shall be in addition to
any permit required by any other governmental agency.
[Amended 3-20-1987 by L.L. No. 1-1987; 1-15-1988 by L.L. No. 4-1988]
Bulkheads along the Quogue Canal shall be exempt from the provisions
of this chapter, except as follows. The provisions of this chapter
shall be applicable to a boat slip along the Quogue Canal and to a
bulkhead which is related to or designed to function as a boat slip.
[Amended 3-20-1987 by L.L. No. 1-1987; 7-3-2003 by L.L. No. 2-2003]
A.
Any
person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $1,000 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment. The continuation of an offense
against the provisions of this chapter shall constitute, for each
day the offense is continued, a separate and distinct offense hereunder.
B.
For
each and every violation of this chapter, the person or persons responsible
for, causing, permitting, assisting in or refusing to abate or correct
such violation shall be subject to a civil penalty not exceeding $1,000
for each and every such violation. The continuation of a violation
of this chapter shall constitute, for each day the violation is continued,
a separate and distinct violation hereunder.
