[Adopted 3-28-1955; amended in its entirety 2-16-2005 by L.L. No.
1-2005]
The area covered by this article is known generally
as the "Edward A. Talfor Memorial Boat Basin and White Cannon Point;"
bounded on the north by Main Street; on the west by Dock Street and
Althouse Avenue; on the south by Althouse Avenue and other common
lands belonging to the Town of Hempstead; and on the east by East
Rockaway Creek.
The Edward A. Talfor Memorial Boat Basin shall
be under the sole and absolute control of the Board of Trustees of
the Village of East Rockaway, and no person, firm or corporation shall
permit or allow any boat, rowboat, ship or other watercraft to be
anchored, stored, moored, tied or otherwise confined in the area known
as the "Edward A. Talfor Memorial Boat Basin" without first obtaining
a permit from the Village Board of the Village of East Rockaway.
Slips, mooring space and dockage space shall
be assigned by the Board of Trustees of the Village of East Rockaway,
and the same shall be available to residents of the State of New York,
Town of Hempstead, as well as the inhabitants and residents of the
Village of East Rockaway.
No charter boats, fishing boats, party boats
or other craft for lease or hire, or boats carrying passengers for
which a fee is charged, shall be licensed to use the dock or slip
facilities in the Edward A. Talfor Memorial Boat Basin.
A.
Any resident of the State of New York, Town of Hempstead
or the Village of East Rockaway, provided that person is the owner
of a boat, shall be entitled to make application for a permit to tie,
moor or dock his or her boat to the dockage facilities along the Edward
A. Talfor Memorial Boat Basin under the control and authority of the
Board of Trustees of the Village of East Rockaway. Five slips are
available for vessels with a maximum length of 43 feet, maximum beam
of 14 feet and maximum draft of five feet. Fifteen slips are available
for vessels with a maximum length of 33 feet, maximum beam of 13 feet
and maximum draft of five feet.
[Amended 5-13-2019 by L.L. No. 5-2019]
B.
Such application for a permit shall be upon forms
famished by the Village of East Rockaway, and such application shall
set forth a copy of the U. S. Coast Guard documentation, home port
within New York State or New York State Department of Motor Vehicle
boat registration, proof of insurance, proof of residence, the name
of the boat, the manufacturer's name and the overall length and beam
of such boat for which a permit is applied for, the date of such application,
the name and address of the owner and the age of the owner.
C.
The Board of Trustees reserves the right to reject
the application for any permit if, in the opinion of the Board, granting
of the same would endanger other persons using the boat basin and
also may revoke a permit that might have been issued if the Board
of Trustees, in its discretion, feels that the owner, operator or
user of the boat endangers other boats or persons using the dockage
facilities in the Edward A. Talfor Memorial Boat Basin.
A.
Each permit issued by the Board of Trustees shall
expire on October 31 of the year of its issuance. Permits shall be
available and issued on and after April 1 of each year and shall expire
October 31 of that year.
B.
Renewal applications and permits for a subsequent
year shall be available on and after February 1 of each year and in
the event that such permit is not renewed by March 31 of the following
year, the permit shall expire. The owner of the boat or watercraft
shall remove said boat, vessel or other watercraft from the docking
facilities of the Edward A. Talfor Boat Basin not later than October
31 of the year or the boat, vessel or other watercraft may be towed
to a shipyard at the owner’s expense.
[Amended 5-13-2019 by L.L. No. 5-2019]
C.
Permits may be renewed by the same boat owner up to
five (5) consecutive years. No person shall be prohibited from renewal
if there are spaces available in an appropriate size space through
lack of demand.
D.
There shall be no refunds of permit fees. Under no
circumstances shall any person, unable to utilize a space assigned
to them, be entitled to a refund of the permit fee paid.
E.
Revocation of permits. The Village Board of Trustees
reserves the right to revoke any permit issued to any person found
to be in violation of local law, or who engages in any form of illegal
activities at the Edward A. Talfor Boat Basin or White Cannon Point.
Any holder of a permit must attach the same
to the boat, and failure to display such permit shall be prima facie
evidence that no permit is held by the owner of such boat.
Persons using the docking facilities at the
Edward A. Talfor Memorial Boat Basin shall, at all times, obey the
requests or directives of the Dock Master or other person designated
by the Board of Trustees to be in charge of such boat basin.
The application for and granting of a permit
to tie, moor or dock a boat at the Edward A. Talfor Memorial Boat
Basin shall constitute authorization to the Board of Trustees, its
agents, servants or employees to move such boat, vessel or other watercraft
from the Edward A. Talfor Memorial Boat Basin to a boatyard in the
vicinity for the account of the owner or master of such boat, vessel
or other watercraft, in the event that it becomes necessary to move
such boat because of the expiration of the permit to store the same
in the basin or for other grounds or reasons set forth in this article.
[Amended 5-14-2012 by L.L. No. 7-2012]
A.
Any resident of the State of New York, Town of Hempstead, as well as any inhabitant or resident of the Village of East Rockaway, provided that he/she is the owner of a boat, who shall make application for a permit to tie, moor or dock his or her boat to the dockage facilities in the Edward A. Talfor Memorial Boat Basin under the control and authority of the Board of Trustees of the Village of East Rockaway shall, in addition thereto, if a permit is granted by the Board of Trustees, be entitled, without additional charge, to a sticker or license which will permit the holder thereof to park his or her motor vehicle in the parking area designated as a parking area for holders of licenses to tie, moor or dock their boats or other watercraft at the dockage facilities of the Edward A. Talfor Memorial Boat Basin. Such permits are issued for the period of April 1 to October 31 of each year. Refer to Chapter 203, Parking Lots, Municipal, for parking requirements.
No person shall deface, mark, damage or erect
any structure or attach any wood, metal or other material to the dockage
facilities or the dock, moorings, piles or wharf belonging to or under
control of the Village of East Rockaway nor permit any person to damage
or deface, mark or destroy or attach anything to said dockage installations
as aforesaid.
No person shall lift, drag, launch or otherwise
cause any boat, vessel or watercraft or permit any boat, vessel or
watercraft to be dragged, lifted, launched, passed upon or otherwise
taken across the dock, bulkhead, pilings or other dockage facilities,
wharf, catwalk or dockage installations surrounding or installed at
the Edward A. Talfor Memorial Boat Basin. No boat, vessel or watercraft
shall be launched, carried over, dragged across or otherwise passed
upon in the waters of the Edward A. Talfor Memorial Boat Basin across
any of the dockage facilities, dock, bulkhead, wharf or pilings installed
by the Village of East Rockaway.
No person, firm or corporation shall throw,
deposit or permit to be thrown or deposited any debris, garbage or
other material waste matters, sewage or other matter into the waters
of the Edward A. Talfor Memorial Boat Basin or upon the dockage, wharf,
catwalk or other dockage installations constructed by the Board of
Trustees of the Village of East Rockaway. A self-service pump-out
station for boat, vessel and watercraft holding tanks is provided
at no cost, The hours of operation are from 9:00 a.m. to 5:00 p.m.
April 1 to October 31.
No person shall tie, moor or dock any boat,
rowboat, vessel or other watercraft to the piles, dock, wharf or dockage
facilities at the Edward A. Talfor Memorial Boat Basin, unless such
boat, rowboat, vessel or other watercraft shall have a permit duly
issued by the Board of Trustees of the Village of East Rockaway affixed
thereto in accordance with the provisions of this article. The absence
of a permit tag attached to the port stern of a boat shall be prima
facie evidence that the owner of such boat, rowboat, vessel or other
watercraft does not have such a permit.
No owner, captain, skipper or other person in
charge of any boat, vessel or other watercraft shall empty, clean
out, pump out or otherwise discharge water from the bilge into the
Edward A. Talfor Memorial Boat Basin.
The Board of Trustees reserves the right to
revoke any permit issued hereunder at any time if any boat, vessel
or other watercraft is used for any immoral purpose or the owners
or operators thereof permit said boat, vessel or watercraft to be
used for any immoral purpose, or shall otherwise create a public nuisance
or permit another person or persons in or about the boat, vessel or
watercraft to create a public nuisance.
Fishing and crabbing from the dock, catwalk
or any part of the dockage facilities are expressly prohibited. Shellfishing
in any part of the facility or waters is prohibited. Fishing and crabbing
will be only allowed on the designated fishing pier. Cleaning of fish
will be allowed only in designated areas.
Loitering, trespassing in boats, climbing and
boarding boats docked, stored or moored in the Edward A. Talfor Memorial
Boat Basin are expressly prohibited, and any person who boards, damages,
interferes with or otherwise damages any boats moored, docked, tied
up or stored in the Edward A. Talfor Memorial Boat Basin is hereby
declared in violation of this article.
The Board shall cause to be erected suitable
signs prohibiting fishing, crabbing, trespassing, boarding and interfering
with the boats in the Edward A. Talfor Memorial Boat Basin.
No permits or authorizations to tie, moor or
dock boats in the Edward A. Talfor Memorial Boat Basin shall be issued
to minors.
The permit to be issued by the Board of Trustees
shall be accompanied by a sticker tag which shall bear the number
of the permit and the year of issuance. Such tag shall be firmly affixed
to the port stern, either at the top side or edge of the deck, in
such a manner that the same shall be easily read and distinguishable.
A permit granted by the Board of Trustees pursuant
to this article, which shall be issued to the owner or licensee of
the boat, shall not be assigned or transferred. Anyone holding a permit
shall not be permitted to sublease the space assigned to the holder
of such permit nor allow any other person to dock, moor or otherwise
use such space, and the same must be used solely by the boat for which
the permit is issued.
The Dock Master or other representatives of
the Board of Trustees shall have the right to board any boat for the
purposes of securing it or preventing the boat from bumping into,
scraping or otherwise touching other boats moored in the basin.
Owners of boats are required to supply their
own lines and chafing gear for mooring. Mooring lines shall be of
a length, size and diameter that will not allow the boat, vessel or
watercraft to become unsecured in all conditions of wind, tide or
storm surge. During storm conditions the owner is responsible for
the vessel, boat or watercraft and may have to provide additional
mooring lines and chafing gear to keep it from sinking or doing damage
to the docking facilities or other vessels, boats or watercrafts.
The annual rate, according to the length of
the boat, for the use of dock space at the Edward A. Talfor Boat Basin
in the Village of East Rockaway, which shall be payable at the time
the application for dock space is filed, shall be determined from
time to time by resolution of the Board of Trustees.
The Board of Trustees of the Village of East
Rockaway shall not be responsible for the loss, damage, destruction
or injury to any boat, vessel or watercraft for which a permit is
issued or otherwise, whether the boat is tied to, launched or otherwise
attached to any installations provided by the Village of East Rockaway,
and the use of the dockage installations at the Edward A. Talfor Memorial
Boat Basin shall be at the sole responsibility of the owner or person
holding the permit or license.
A.
The Board of Trustees reserves unto itself the right
to enact additional rules and regulations with respect to the use
of the boat basin, and 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 hereafter may be adopted. Such additional
rules and regulations shall be adopted by resolution of the Board
of Trustees and publicly posted in five conspicuous places in the
Village, including the bulletin board at the boat basin.
B.
Transient docks are available for vessels, boats,
or watercraft for resupply of stores or to use local food services.
A time limit of 1 1/2 hours is allowed after check-in. Vessels,
boats, or watercraft at the transit docking facilities requesting
safe harbor must state the reason and be authorized by an agent of
the Village. Transient vessels, boats, or watercraft may use the pump-out
facilities.
C.
No person or persons will sleep overnight onboard
any boat, vessel or watercraft.
D.
No swimming in the Edward A. Talfor Boat Basin at
any time is allowed. A diver may be used to make emergency repairs
or perform an underwater safety inspection.
E.
No refueling on-board fuel tanks of the vessel, boat,
or watercraft is allowed at docking facilities.
F.
No open-flame cooking is allowed on vessels, boats,
or watercraft at docking facilities.
G.
One-hundred-ten-volt, fifteen-amp electric power is
available, but shore power will only be allowed when a responsible
person is onboard the vessel, boat, or watercraft at docking facilities.
Shore power must be disconnected when the vessel, boat, or watercraft
is left unattended.
H.
Dinghies or tenders will be stored onboard the boat
while at the docking facilities.
I.
Water is available for the refilling of on-board water
tanks of the vessel, boat, or watercraft at docking facilities.
J.
No maintenance or repair of the vessel, boat, or watercraft
is allowed while at the docking facilities. Only necessary repairs
to make the vessel, boat, or watercraft or propulsion system safe
are permitted, so that it can be removed to a shipyard for repair
or maintenance.
K.
In the event of a sinking, the owner shall provide
all plant, labor, equipment, materials, supplies, divers and services
as necessary to remove and dispose of the sunken vessel. The owner
may use any standard salvage method which complies with local and/or
Federal laws and regulations. The intent is to have the vessel raised
and legally disposed of in accordance with applicable laws and regulations.
The owner shall, without expense to the Village, be responsible for
obtaining any necessary licenses and permits not already obtained
by the Village and for complying with any federal, state, and municipal
laws, codes, and regulations applicable to the performance of the
work.
L.
The owner shall also be responsible for all damages
to persons or property that occur as a result of the owner's negligence
or fault and shall take proper safety and health precautions to protect
the work, the workers, the public, and the property of others. The
owner shall also be responsible for all materials delivered and work
performed until completion and acceptance of the entire work.
The Village Board shall, at its annual organization
meeting, designate a suitable person to be the Dock Master and shall
fix his salary.
A.
The Board of Trustees of the Village of East Rockaway,
in order to provide the best available space commensurate with the
size of the boat to be docked in a given location, feels that broad
powers should be given to the Dock Master so that he will be able
to assign mooring facilities to holders of permits and does hereby
authorize and empower the Dock Master to make such changes and reassignments
of mooring and dock spaces, which to the Dock Master shall be most
reasonable depending upon the location of the slip or dock space and
the size of the boat which the owner desires to moor or dock.
B.
The Dock Master is authorized to assign slips or dock
space to holders of permits issued by the Village Clerk and to reassign
dock space and mooring facilities different than those assigned by
the Village Clerk to holders of such permits and licenses for the
current year, if such reassignment of dock space or mooring space
will provide a safer and more efficient use of the Edward A. Talfor
Memorial Boat Basin. The Village Clerk shall be notified by the Dock
Master of any change of dock space or mooring space.
Any person committing an offense against any
provision of this article 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 $500 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 article
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
