[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.
[1]
Editor's Note: Former § 37-31, Areas for mooring, was repealed 6-7-1994.
[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.