[HISTORY: Adopted by the Board of Trustees
of the Village of Babylon (Ch. A253 of the 1981 Code). Amendments
noted where applicable.]
Boat berths in the Village of Babylon may be
rented, when available. Such berths shall be assigned to parties hereunder
by the Docks Committee as and where available, subject to the rules
and regulations hereinafter set forth, and such other and further
rules and regulations hereafter made by said Committee.
[Amended 10-25-2016 by L.L. No. 8-2016; 4-12-2022 by L.L. No. 5-2022]
A.
All applications for berthing permits must be filed
in the office of the Village Clerk and must be in the form furnished
by the Docks Committee. Applicants must be 18 years or older.
B.
All applications will be reviewed by the Docks Committee,
and in the sole discretion of said Committee, permits may be issued
to applicants in the following priority:
(1)
Any person actually residing in the Village of Babylon
applying for a renewal or new permit;
(2)
Any nonresident who is an owner of record of title
to real property, either in his or her name only or jointly with some
other person or persons on the current assessment roll of the Village;
(3)
Any person actually residing in the Village of Babylon
seeking a second permit;
(4)
Any nonresident of the Village of Babylon who operates a business
within the Village of Babylon;
A.
All permits shall assign the permit holder to a specific
berth for a specific boat. The permittee must be the registered owner
of the boat at and during the course of the applicable boating season
for which the permit is issued.
B.
Permits are nontransferable.
C.
The dock year begins on April 1 of each year and ends
on November 15 of the same year.
[Amended 4-12-2022 by L.L. No. 5-2022]
D.
All permits are issued subject to the ordinances of
the Village of Babylon in effect at the time the permit is issued,
and any amendments thereto, as well as to the rules and regulations
of the Docks Committee in effect at such time and of amendments thereto.
E.
Acceptance of a permit shall constitute an agreement
that the permit holder will hold the Village of Babylon and its authorized
representatives completely blameless for any liability in connection
with the operation, docking, tying, mooring, removal or disposal of
the permittee's boat and to waive any right or claim against the Village
for theft and/or vandalism and to release the Village from any and
all liability arising from any cause, thing, act committed or omitted
by the Village happening on its berths, piers, docks or any other
property under the control of the Village at such dock, with respect
to any claim for damages occurring to a boat, person or other property
which is on or about said berth.
F.
All berths are accepted by the permittee on an "as
is" basis.
G.
The Village Board may ask the permittee to remove
or relocate his or her boat for the purpose of dock repairs or reconstruction
of bulkheads and poles.
[Amended 4-12-2022 by L.L. No. 5-2022]
H.
At the
discretion of the Docks Committee, a permittee may be moved to another
berth.
[Added 4-12-2022 by L.L. No. 5-2022]
A.
The Board of Trustees, on recommendation of the Docks
Committee, reserves the right to revoke any permit issued hereunder
if the boat subject to such permit is in violation of the United States
Coast Guard and/or New York State regulations, and the Village Board
may cause such boat to be inspected and revoke the permit at any time
if the Docks Committee finds that the boat may endanger other boats
immediately adjacent thereto or in the vicinity of docking facilities
of the Village.
B.
The Village Board, on recommendation of the Docks
Committee, may revoke any permit by reason of the length of the boat
or for any other reason the Committee may find making it hazardous
or dangerous to moor, dock or tie the boat to the Village dock.
C.
The Board of Trustees, on recommendation of the Docks
Committee, may revoke a permit at any time if, in the event it finds
or determines that any boat is being used for any unlawful purpose.
D.
The Board of Trustees, on recommendation of the Docks
Committee, may also revoke a permit if it feels or determines that
any of the following events have occurred:
[Amended 10-28-2008 by L.L. No. 12-2008; 4-12-2022 by L.L. No. 5-2022]
(1)
Upon the transfer, assignment or subletting of the
berth by a permittee;
(2)
Upon the use of the berth for a boat which is not
the subject of the permit for said berth;
(3)
Upon the sale, transfer, abandonment or destruction
of the boat for which the permit was issued;
(4)
Failure to remove a sunken boat within five days of
notification to do so by the Village;
(5)
Failure of the owner to use the berth;
(6)
The permit holder exhibits unacceptable or uncooperative
behavior, including but not limited to use of profane language towards
Village employees or other permit holders.
A.
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 boat, at such a location
so that it is visible and easily read from the dock. Any boat without
a valid permit so displayed may be removed by the Village at the owner's
expense.
B.
A parking sticker will also be issued at the discretion
of the Docks Committee to a permit holder for his or her automobile.
A separate guest card will also be issued to the permit holder for
the use of any guest. Such permit is to be placed on the dashboard
of the guest's car so as to be easily read and distinguishable when
availing oneself of the parking privilege. All automobiles shall be
parked in designated areas only.
[Amended 4-12-2022 by L.L. No. 5-2022]
The Board may cause to be erected suitable signs
prohibiting bathing, trespassing, boarding and entering boats at Village
docks as well as regulations for open and closing hours for said dock
and parking at adjoining facilities.
A.
Whenever a boat is sunk at a Village dock, accidentally
or otherwise, it shall be the duty of the owner of such boat to immediately
mark it with a buoy or beacon during the day and a lighted lantern
at night and to maintain such marks until the boat is removed.
B.
It shall be the duty of the owner of the sunken boat to commence its immediate removal and complete such removal within five days, except as provided in Subsection D below.
[Amended 4-12-2022 by L.L. No. 5-2022]
C.
Any sunken boat not removed by the owner in accordance with Subsection B above may be removed or destroyed by the Village and the owner shall be responsible for the cost thereof.
D.
If the Docks Committee, in its sole discretion, determines
that a boat at a dock seriously interferes with or severely endangers
navigation, the Village may remove the boat immediately, at the cost
of the owner.
A.
General rules and regulations.
(1)
No person shall bathe, wade or swim in any waters
adjacent to the Village dock.
(2)
No person shall use the Village docks for the purpose
of diving or jumping into the waters adjacent to such docks.
(3)
If electricity is provided for the use of boats berthed
at a dock, such electricity is only to be used during the hours of
6:00 a.m. to 10:00 p.m. Electricity is to be used for minor repairs
only. Such service may be terminated by the Village at any time, without
advance notice.
(a)
For boat berth permit holders, berths at Lewis
Pond and Main Dock where electricity is provided, a fee, as determined
by the Board of Trustees and amended from time to time by resolution,
may be charged to be permitted to use the electricity for more than
just minor repairs, beyond the limitations set forth in § 369-8A(3).
A special permit decal for the boat will be issued by the Village
Clerk's office indicating the fee for additional electricity use was
paid (decal shall state the marina, boat berth number, the boat registration
number, and will have a large letter "E" imprinted on the decal).
Decals must be visible from the dock. Any boat which is utilizing
the electricity beyond what is stated in § 369-8A(3) and
does not have a decal displayed visibly on the boat will be subject
to being unplugged from the outlet, as well as fines and penalties
as set forth in § 369-26. At the discretion of the Docks
Committee, in order to purchase the special permit, the boat owner
may be required to submit an electrician's certificate certifying
the boat's electric is properly grounded.
[Added 1-9-2007 by L.L. No. 1-2007;
amended 4-12-2022 by L.L. No. 5-2022]
(4)
Any boat mooring in a berth or area to which it has not been specifically assigned will be towed away at the expense of the boat owner. Said boat will be impounded until the towing fees are paid. Such a boat is not entitled to the notice requirements of § A369-10 herein.
(5)
Every permittee, and his or her guests, shall conduct
himself or herself in an orderly manner and shall endeavor to cause
no discomfort or inconvenience to any other person. All persons using
the docks shall obey any reasonable request of person designated to
be in charge thereof.
(6)
The Docks Committee may reject any application for
any type of boat for any reason which in its judgment may jeopardize
the safety of other permit holders and their boats, and it shall reject
any applications to tie, moor or dock a boat which has living quarters,
but is neither a sailing vessel or nonmechanically propelled.
(7)
No person shall deface, mark, damage or wreck any
structure, attach any wood, metal or other material to the dock facilities
of the dock piling or wharf belonging to or under the control of the
Village, nor permit any person or persons to damage or deface, mark
or destroy or attach anything to said dockage installation as aforesaid,
without approval in writing on the Docks Committee.
(8)
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 toilets into the water
adjacent to the dockage facilities.
(9)
Loitering, trespassing in boats, unauthorized climbing
and boarding, damaging or interfering with boats or docks is prohibited.
(10)
Duly authorized representatives of the Board
of Trustees shall have the right to board any boat for the purpose
of securing it or preventing the boat from bumping, scraping or otherwise
colliding with other boats moored at the docks.
(11)
Owners of boats holding permits to dock or moor
their boats at Village dock facilities shall be responsible for the
appearance and cleanliness of the boat, pilings and bulkhead in front
of and adjacent to the berth or dock assigned to such owner. Permit
holders shall remove all trash to existing trash receptacles and comply
with all Village ordinances relating to litter. Permit holders shall
be responsible for their pets and comply with Village ordinances as
same relate to animal waste.
(12)
No person owning or in charge of any animal
shall cause or permit such animal to enter any berth or dock unless
the same shall be carried or shall be on a leash for the purpose of
taking said animal upon a boat.
(13)
No person shall solicit alms or contributions
for any purpose at any Village dockage. No person shall post, distribute,
cast or leave any bills, placards, tickets, handbills, circulars or
advertisements or any other material for advertising purposes.
(14)
No person shall use any boat, vessel or other
watercraft of any kind for living quarters while moored, anchored
or fastened at any public dock, bulkhead, pier, beach or waterfront
property in the Village of Babylon or in the waters adjacent thereto
or within the limits thereof. Sleeping on a boat, vessel or other
watercraft overnight is strictly prohibited.
[Amended 4-12-2022 by L.L. No. 5-2022]
(15)
No person shall clean fish at Village berthing
areas.
(16)
No boats at any Village dock shall be covered
by means of shrink wrap, canvas or tarps.
(17)
Any berth vacated for the winter without the lines being removed
will be subject to a fine of $100, as this hinders the ice breaking
over the winter months. Lines will then be removed and discarded by
the Village.
[Added 10-25-2016 by L.L.
No. 8-2016; amended 4-12-2022 by L.L. No. 5-2022]
(18)
No permittee shall use a boat berth for commercial purposes, including
the rental, letting, leasing or similar activity of a vessel, except
at the discretion of the Docks Committee.
[Added 4-12-2022 by L.L. No. 5-2022]
B.
Enforcement. The Village Dock Master, Suffolk County
police and Village Security Patrol shall be responsible to enforce
all dock regulations.
The Board of Trustees shall from time to time,
by resolution, designate the rates to be charged for the use of berth
space. Such rate shall be payable at the time a permit is issued and
shall be refundable at the discretion of the Village Board upon a
recommendation from the Chairman of the Docks Committee.
A.
Failure to obey any of these rules and regulations
shall be grounds for revocation of a permit, and notice of such violation
and revocation shall be given to the holder of such permit by affixing
a copy thereof to the boat in a conspicuous place and mailing a copy
to the owner at the address indicated in the application.
B.
Such notice shall state the date the revocation of
such permit becomes effective, which shall be not less than 10 days
from the date of the service of such notice. When a permit is revoked,
the holder of such permit must remove the boat from the dockage facilities
within the number of days fixed by the Village Board in such notice,
and failure to move same when the prescribed period of time has elapsed
will constitute authority to the Village Board to remove the boat
to a substitute place at the permit holder's expense. The acceptance
of a permit to moor or dock the boat in a dockage facility at a Village
dock shall constitute full authority and authorization of the Village
Board, its agents, servants or employees to remove such boat without
any liability on the part of the Village Board, its agents, servants
or employees.
A.
Commercial boats are not permitted to tie up on the
outside of the dock. Other boats may tie up temporarily on the outside
of the dock for the purpose of loading or unloading passengers or
supplies.
B.
The two berths at the west end of the finger pier
shall be reserved for visiting boats. Permission to use the guest
berths must be obtained from the Village Clerk's office after approval
by the Docks Committee. Anyone using the guest berth must be visiting
a resident of the Village of Babylon. The fee to use the guest berths
shall be $50 per night.
[Amended 1-9-2007 by L.L. No. 1-2007; 4-12-2022 by L.L. No. 5-2022]
C.
The mooring in this berth shall be for 24 hours only,
except, however, that the Docks Committee may, at its discretion,
permit a longer stay.
D.
The taking of crabs is permissible with a license
only, on the southerly, easterly, and northerly outsides of the dock,
subject, however, to the rules and regulation of the Suffolk County
Police Department or the Docks Committee. Crabbing licenses are available
at the Village Clerk's office at a nominal fee. Those under 16 years
of age do not need a license. (NOTE: The taking of crabs smaller than
five inches is not permitted under any circumstances. Violation of
this rule may result in the withdrawal of the privilege of taking
crabs from the dock.)
[Amended 10-25-2016 by L.L. No. 8-2016]
E.
Parking is permitted in marked stalls only. No parking
is permitted on the inside of the dock adjacent to the berths. Trucks
may enter the dock area for the purpose of delivering supplies to
boats but are prohibited from parking on any part of the dock except
the clam loading area.
F.
A permit is needed for parking from 6:00 p.m. to 6:00
a.m. Parking is for use in conjunction with dock facilities only.
This permit is free to Village residents and may be obtained at the
Village Clerk's office, 153 West Main Street, Babylon, New York. Nonresidents
may purchase this permit for a fee as determined by resolution by
the Board of Trustees.
[Amended 1-9-2007 by L.L. No. 1-2007]
A.
Berths may be rented for pleasure or commercial boats,
including clam boats. The loading of clams in trucks anywhere along
Shore Road is strictly prohibited. Loading platforms at the Municipal
Dock have been provided and all unloading of clams must be made at
this point.
B.
Party boats and open boats may not conduct their business
from any of the East Creek mooring spaces along Shore Road. These
berths are for mooring only.
C.
Parking spaces along the east side of Shore Road are
restricted to holders of Village of Babylon mooring permits only.
All other vehicular and traffic laws prevail. The fine for parking
without a permit is $250, and the car shall be towed at the owner’s
expense.
[Amended 4-12-2022 by L.L. No. 5-2022]
D.
Berths may be rented year-round at an additional winter
rate of $300 for residents and $600 for nonresidents. This fee may
be changed by resolution by the Board of Trustees at any time.
[Amended 10-28-2008 by L.L. No. 12-2008; 4-12-2022 by L.L. No. 5-2022]
[Amended 4-12-2022 by L.L. No. 5-2022]
[Amended 4-12-2022 by L.L. No. 5-2022]
[Amended 4-12-2022 by L.L. No. 5-2022]
[Amended 4-12-2022 by L.L. No. 5-2022]
[Amended 4-12-2022 by L.L. No. 5-2022]
The Village Board reserves the right to enact
additional rules and regulations with respect to the use of its dock
facilities. Any permit 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. Such additional rules and regulations
may be adopted by the Village Board.
Swimming from any portion of any dock is strictly
forbidden.
The use of berths at any dock shall be in conformity
with specific rules and regulations applicable to that dock.
The Board of Trustees reserves the right to
alter, amend, modify or otherwise change, at any time, and from time
to time, without prior notice, the rules and regulations applicable
to specific docks, all docks, rates and rules relating to the issuance
of permits.
Clam boats mooring in any area, except where
specifically assigned, will be towed away at the owners' expense,
as will any boat docking in any berth not specifically assigned to
that boat.
[Amended 4-12-2022 by L.L. No. 5-2022]
Holders of permits shall, at all times, be subject
to the ordinances of the Village of Babylon, the rules and regulations
of the Police Department and such other rules and regulations as may
be prescribed by the Docks Committee.
Upon written notice from the Committee on Docks,
the owner of record, as provided by New York State Registration of
Boats, of any sunken boat or hulk must remove the same within 10 days,
and, upon failure to comply with the notice within time limited therein,
the Committee on Docks shall remove or destroy such sunken boat or
hulk at the expense of the owner or the person to whom the permit
has been issued. Failure to comply with such notice of the Committee
on Docks will result in the forfeiture of the permit.
[Added 4-12-2022 by L.L. No. 5-2022]
Upon written notice from the Docks Committee, the owner of record,
as provided by New York State Registration of Boats, of any inoperable
boat, vessel or watercraft must remove the same within five days,
and, upon failure to comply with the notice within time limited therein,
the Docks Committee shall remove or destroy such inoperable boat,
vessel or watercraft at the expense of the owner or the person to
whom the permit has been issued. Failure to comply with such notice
of the Docks Committee will result in the forfeiture of the permit.
Holders of mooring permits shall, at all times,
be expected to remove all trash to existing trash receptacles and
shall be subject to all Village ordinances concerning litter. Further,
all permit holders shall be responsible for their pets in and around
dock facilities and shall be subject to the same littering ordinances
as they relate to animal waste.
[Amended 1-9-2007 by L.L. No. 1-2007]
The Village Dockmaster, police officers, peace
officers, special service attendants and/or code enforcement officers
will enforce all dock regulations. 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 $250 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.
