[Amended 4-15-1969; 4-15-1975]
A. It shall be unlawful for any person to anchor, moor,
dock, tie or otherwise confine a boat or to permit or allow any boat
to be anchored, moored, docked, tied or otherwise confined in or at
a marina without a valid permit. A permit shall not be required where
an existing Town of Islip contract allows access to or use of certain
Town marina facilities.
[Amended 6-7-1994]
B. Any boat anchored, moored, tied or otherwise confined
in or at a marina without a valid permit may be removed to a suitable
place by the Town at the owner's expense.
C. It shall be unlawful for any person to use a boat
launching ramp of the Town of Islip without a valid ramp permit.
[Added 1-3-1984]
D. It shall be unlawful to display a decal (permit) assigned
to another person, boat or trailer.
[Added 6-7-1994]
E. It shall be unlawful for any public vessel, as defined
in the Navigation Law of the State of New York, to load or unload
passengers, freight or cargo at any Town marina, except in accordance
with the express written permission of the Commissioner of Parks,
Recreation and Cultural Affairs or designee. The said Commissioner
or designee may set forth such rules, regulations or procedures for
such loading or unloading as said Commissioner or designee shall deem
appropriate.
[Added 6-7-1994]
F. Any person violating a provision of this section shall
be deemed guilty of a violation and, upon conviction thereof, shall
be punishable by a fine not exceeding $450 for each violation. Each
day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder. Service
of notice of such violation shall be given by affixing a copy thereof
to the boat in a conspicuous place.
[Added 6-7-1994]
G. It shall
be unlawful for any unattended boat trailer to be permitted in any
marina, park or other Town facility. Such trailers shall be removed
by the Town at the owner’s expense.
[Added 4-25-2017]
[Amended 4-15-1969; 6-7-1994]
Slips and dock space shall be assigned to permittees
hereunder by the Commissioner of Parks, Recreation and Cultural Affairs
or designee and the same shall be available to residents of the Town
of Islip as hereafter provided.
[Amended 2-14-1967; 4-15-1969; 2-17-1970; 12-5-1972; 11-13-1973; 7-6-1976; 12-19-1978; 12-21-1982; 1-3-1984; 6-7-1994]
A. Seasonal permit. Any resident who is the owner of
a private pleasure boat shall be entitled to make application for
a permit to tie, moor or dock a boat to the dockage facilities at
a marina. Such permit shall be issued in the order in which the applications
are received and assigned to a specific berth by the Commissioner
of Parks, Recreation and Cultural Affairs or designee. From time to
time, extenuating circumstances may arise where the next available
berth cannot be occupied by the next applicant. In that case, the
Commissioner of Parks, Recreation and Cultural Affairs or designee
may pass over the next available applicant and assign the berth to
the next applicant on the list whose boat would be able to be accommodated
in that particular berth. In addition, the applicant who has a boat
with living quarters shall certify on the application that the boat
is either a sailing vessel or mechanically propelled.
(1) Application. Such application shall be on the form
furnished by the Commissioner of Parks, Recreation and Cultural Affairs
and shall set forth the State of New York registration number, if
any, the name of the boat, the manufacturer's name, the overall length
and beam of such boat for which the permit is applied, the date of
such application and the name and address of the owner. A valid original
boat registration and two proofs of residency shall accompany the
application. All three items must be currently dated and in the exact
name and address as the boat owner renting the slip.
(2) Expiration. Such permit shall be valid from March
15 of each year and shall expire on November 15 of the year for which
it is issued. All boats must be removed from the marinas by this date.
Renewal applications and permits for subsequent years shall be available
on and after November 1 of each year. In the event that such permit
is not renewed by November 30 of that year, the permit shall be available
to the next applicant in the order in which the applications for such
permits are received.
[Amended 9-29-2009]
(3) Identification. Any holder of a permit must attach
the permit identification to the boat as herein provided, and failure
to do so shall be prima facie evidence that no permit is held by the
owner of such boat.
B. Ramp permit. Any resident who is the owner of a boat
may obtain a permit to use the boat launching ramps at marinas or
parks.
(1) Requirements. A valid original boat registration is
required. Two additional proofs of residency are also required (i.e.,
trailer registration, drivers license, tax or utility bills). All
three items must be currently dated and in the exact name and address
of the boat owner.
(2) Expiration. Such permit shall be issued on and after
March 1 of each year and shall expire on the last day of February
of the following year.
(3) Identification.
(a)
Any holder of a ramp permit must attach the
permit to the left front of the boat trailer. Any trailer parked without
a permit is subject to a parking violation.
(b)
If a boat trailer is not used in transporting
the boat, the permit shall be placed at the left front of the vehicle
being used to transport the boat.
[Amended 4-15-1969; 4-15-1975; 6-7-1994]
A. This section shall apply to public vessels as defined
in the Navigation Law of the State of New York.
B. All sections of this chapter shall apply to public
vessels, except that the owner of a public vessel need not be a resident
of the Town.
C. Public vessels shall anchor, moor, dock or tie up
to Town marinas only as specified in a permit issued by the Commissioner
of Parks, Recreation and Cultural Affairs or designee, or upon separate
contract authorized by the Town Board.
D. The Commissioner of Parks, Recreation and Cultural
Affairs or designee shall grant a permit only to public vessels registered
with the New York State Department of Motor Vehicles and/or documented
by the United States Coast Guard.
E. Permits for public vessels shall be valid from January
1 of each year and shall expire on December 31 of the year for which
they are issued.
F. Applications for permits for public vessels shall
be on the form issued by the Commissioner of Parks, Recreation and
Cultural Affairs or designee, requiring the applicant to supply such
information as the said Commissioner shall deem appropriate.
G. The Commissioner of Parks, Recreation and Cultural
Affairs or designee may require that the owner of a public vessel
obtain such insurance as the said Commissioner or designee shall deem
appropriate.
[Amended 2-14-1967; 4-15-1975]
A. A permit to dock a boat at a marina shall constitute
authorization by the Town Board, its agents, servants or employees
to remove such boat from the marina to a suitable place, at the expense
of the owner, in the event that it becomes necessary to move such
boat because of the expiration of the permit or for such other grounds
or reasons as are set forth in this ordinance.
[Amended 6-7-1994]
B. All boats removed pursuant to this article shall be handled, sold or otherwise disposed of in accordance with Chapter
60. Abandoned and Impounded Property, of this Code.
[Amended 4-15-1975]
Acceptance of a permit shall constitute an agreement
that the permit holder will hold the Town of Islip and its authorized
representatives completely blameless for any liability in connection
with the operation, docking, tying, mooring, removal or disposal of
his boat.
[Amended 2-14-1967; 4-15-1975; 3-5-2013 by L.L. No. 6-2013]
Every permit issued hereunder shall be accompanied
by a decal or other authorized identification which shall bear the
number of the permit and the year of issuance of such permit. Such
identification shall be firmly affixed to the windshield or other
conspicuous place in such a manner that the same shall be easily read
and distinguishable. Any boat without a valid permit so displayed
may be removed by the Town at the owner’s expense. Any person
violating this section shall be deemed guilty of a violation and,
upon conviction thereof, shall be punishable by a fine not exceeding
$150 for each violation. Service of notice of such violation shall
be given by affixing a copy thereof to the boat in a conspicuous place.
[Amended 6-7-1994]
No permits hereunder shall be issued to persons
under 18 years of age. No person under 12 years of age shall be admitted
to a marina unless accompanied by an adult who shall assume full responsibility
for his safety and conduct.
[Amended 6-7-1994]
A permit granted by the Commissioner of Parks,
Recreation and Cultural Affairs or designee pursuant to this ordinance
shall not be assigned or transferred. Persons holding the permit may
not sublease the space assigned to the holder of such permit or allow
any other person to dock, moor or otherwise use such space, and the
same may be used only by the boat for which the permit is issued.
[Amended 4-15-1969; 11-13-1973, effective 12-1-1973; 6-7-1994]
A. The Commissioner of Parks, Recreation and Cultural
Affairs or designee may reject any application for any type of boat
for any reason which may be determined to jeopardize the safety of
other permit holders and their boats docked in a marina.
B. The Commissioner of Parks, Recreation and Cultural
Affairs or designee shall reject any application to tie, moor or dock
a boat which has living quarters but is neither a sailing vessel nor
mechanically propelled.
[Amended 2-14-1967; 4-18-1967; 12-1-1970; 8-7-1973; 11-13-1973; effective 12-1-1973; 4-6-1982, effective 4-25-1982; 5-20-1986, effective 6-8-1986; 6-7-1994]
Persons using the docking facilities of a marina
shall at all times obey any reasonable request of persons designated
by the Commissioner of Parks, Recreation and Cultural Affairs to be
in charge of such facility.
A. No person shall place or store any articles on the
dock or pier nor deface, mark, damage or wreck any structure, attach
any wood, metal or other material to the dock facilities, the dock
piling or wharf belonging to, or under control of, the Commissioner
of Parks, Recreation and Cultural Affairs, nor shall any person or
persons be permitted to damage or deface, mark or destroy or attach
anything to said dockage installation as aforesaid, without approval
in writing from the Commissioner of Parks, Recreation and Cultural
Affairs or designee.
B. No person shall lift, drag, launch or otherwise cause
any boat to be dragged, lifted, launched, passed upon or otherwise
taken across the dock, bulkhead, pilings or other dockage facilities,
wharf, catwalk or dockage installation surrounding or installed at
a marina except as hereinafter provided. Launching of watercraft through
the ramp facility provided at a marina will be under the sole direction
of the owner or responsible representative of the owner without risk
or liability in any manner to the Town of Islip.
C. No owner or other person in charge of any boat, vessel
or other watercraft shall empty, clean out, pump out or otherwise
discharge water or waste material from the bilge or toilets into the
waters at a marina.
D. Loitering, trespassing in boats, unauthorized climbing
and boarding, damaging or interfering with boats docked, stored or
moored in a marina is prohibited.
E. No boat, vessel or other watercraft shall take on
gasoline or other fuel while its engines are running at a Town-owned
or Town-operated marina. No boat, vessel or other watercraft shall
take on gasoline or other fuel unless such boat, vessel or watercraft
is in compliance with all applicable County, state and federal laws
and regulations and moored at an approved fueling station or is refueling
by the use of a United States Coast Guard or Underwriters approved
fuel container. This section shall not be construed to prohibit the
use of any Coast Guard or Underwriters approved fuel tank in the fueling
of any boat, vessel or other watercraft, provided that the engines
are not running.
F. Duly authorized representatives of the Town shall
have the right to board any boat for the purpose of securing it or
preventing the boat from bumping into, scraping or otherwise colliding
with other boats moored in the marina.
G. Owners of boats are required to supply, install and
maintain their own lines for mooring, tying and securing their boats
properly.
H. Only one boat shall be permitted to moor per boat
slip. Tenders, including rowboats, floats or any such small craft
tied to a larger boat, are not permitted in the marina except when
firmly secured to the upper deck or the swim platform or placed in
the davits of the larger boat.
I. Emergency repairs only are permitted on boats moored
at a marina. No boat carpentry or painting of any kind is permitted.
Owners of boats holding permits to dock or moor their boats at a marina
shall be responsible for the appearance and cleanliness of the boat,
pilings and bulkhead in front of and adjacent to the berth or dock
space assigned to such owner.
J. All persons operating motor vehicles within a marina
area shall obey the ordinances regarding traffic of motor vehicles.
All persons shall comply with the directions of attendants at marinas.
K. No persons shall bathe, wade or swim in any waters
in the marina.
L. The Town of Islip shall not be responsible for the
loss, damage, theft, destruction or other injury to any boat, vessel
or watercraft, including equipment, fixtures and contents of any boat,
vessel or watercraft for which a permit has been issued or otherwise,
whether the boat is tied to, launched from or attached to any installations
provided by the Town of Islip, and the use of the dockage installations
at a marina shall be the sole responsibility of the owner or persons
holding the permit.
M. The Town of Islip shall not be responsible for any
personal injury, loss of life or damage to property of any person
in connection with the use of the marina.
N. No person owning or in charge of any animal shall
cause or permit such animal to enter a marina unless the same shall
be carried or shall be on a leash for the purpose of taking said animal
upon a boat.
O. No persons shall solicit alms or contributions for
any purpose at a marina. No persons shall post, distribute, cast or
leave about any bills, placards, tickets, handbills, circulars or
advertisements or any other material for advertising purposes.
P. No person shall injure, deface, displace, remove,
fill in, raise, destroy or tamper with any drive, path or walk; take
up remove or carry away trees, shrubs or turf or any material or substance;
or remove or destroy any structure, building or any appurtenances
connected with a marina or other property or equipment, real or personal,
owned by the Town of Islip or under the jurisdiction and control of
the Commissioner of Parks, Recreation and Cultural Affairs.
Q. No boat, vessel or other watercraft moored at the
Atlantique Beach Marina may be left unattended for more than 12 consecutive
hours or overnight.
[Amended 3-27-2007]
R. No person shall occupy any boat during any of the
hours from 12:00 midnight to sunrise for more than 10 consecutive
days or 20 days total in any month the permit is in effect. This provision
shall not apply to the Atlantique Marina.
[Amended 3-27-2007]
S. No boat shall be permitted to moor at the Atlantique
Marina for more than 12 consecutive days, and boats must sail out
for at least 72 hours before returning. The twelve-day period shall
include any period when the boat has left the marina for less than
72 hours.
[Amended 3-27-2007]
T. The use of a barbecue, hibachi or any type of open-flame
portable cooking equipment, when placed on or within 25 feet of or
affixed to any dock, pier, boat or vessel shall be prohibited. Use
of a flame device for whatever purpose shall not be permitted unless
such device is contained with a permanently mounted receptacle specifically
designed for a marine purpose.
[Amended 6-7-1994]
The Commissioner of Parks, Recreation and Cultural
Affairs or designee has the right to enact additional rules and regulations
with respect to the use of the marina. Any permit hereafter issued
shall be issued subject to the holder thereof conforming to the rules
and regulations now in force and effect or that thereafter may be
adopted.
[Amended 7-17-1979, effective 8-4-1979; 6-7-1994]
The Town Board shall from time to time, by resolution
designate the rates to be charged for the use of dock space and other
facilities of the marina.
[Amended 6-7-1994]
The Town or Commissioner of Parks, Recreation
and Cultural Affairs or designee shall cause to be erected suitable
signs prohibiting bathing, trespassing, boarding and interfering with
boats in a marina.
[Amended 4-6-1982, effective 4-25-1982; 6-7-1994]
A marina shall be opened and closed at the time
and hour designated by the Commissioner of Parks, Recreation and Cultural
Affairs or designee. Opening and closing time for various facilities
shall be posted for the convenience of the public.
[Amended 4-15-1969; 11-13-1973; effective 12-1-1973; 6-7-1994]
The Commissioner of Parks, Recreation and Cultural
Affairs or designee has the right to inspect or cause to be inspected
any boat anchored, moored, docked, tied or otherwise confined in or
at any Town marina or any boat using a Town launching ramp. The Commissioner
of Parks, Recreation and Cultural Affairs designee reserves the right
to revoke any permit issued to any such boat if:
A. The boat is in violation of United States Coast Guard
and/or New York State regulations;
B. The Commissioner of Parks, Recreation and Cultural
Affairs or designee determines that such boat may endanger other boats,
persons or facilities in the vicinity of such boat;
C. The Commissioner of Parks, Recreation and Cultural
Affairs or designee determines that it is hazardous or dangerous to
moor, dock or tie such boat to the facilities of the marina;
D. The Commissioner of Parks, Recreation and Cultural
Affairs or designee determines that such boat is being used for any
unlawful purpose;
E. The Commissioner of Parks, Recreation and Cultural
Affairs or designee determines that such boat, with living quarters,
is not being operated as a sailing vessel or motorboat; or
F. The Commissioner of Parks, Recreation and Cultural Affairs or designee determines that the owners, operators or person using such boat have failed to obey a provision of this Article
II.
[Amended 2-14-1967; 11-13-1973; 4-15-1975; 6-7-1994]
The Commissioner of Parks, Recreation and Cultural
Affairs or designee shall notify the permit holder of an impending
revocation of permit at least 10 days before the effective date of
such revocation. Such notice shall be by regular mail to the address
supplied by the permit holder when said holder applied for the permit
or to a changed address subsequently supplied by the permit holder.
The permit holder may then forward a written request that the revocation
be abandoned based upon the permit holder's cure of the violation
of the applicable Code provision. The Commissioner of Parks, Recreation
and Cultural Affairs or designee shall have the discretionary power
to abandon or delay the revocation. If the Commissioner of Parks,
Recreation and Cultural Affairs or designee does not abandon or delay
a scheduled revocation, the permit shall be revoked as of the scheduled
date. When a permit is revoked, the holder of such permit must remove
the boat from the dockage facilities on or before the scheduled revocation
date. Failure to remove the boat within the prescribed period of time
will constitute authority for the Commissioner of Parks, Recreation
and Cultural Affairs or designee to remove the boat to a suitable
place at the owner's expense. The acceptance of the permit to moor
or dock the boat at dockage facilities at a marina shall constitute
full authority and authorization of the Commissioner of Parks, Recreation
and Cultural Affairs or designee, servants or employees to remove
such boat without any liability on the part of the Town its agents,
servants or employees.