Channels, swimming areas and mooring areas are
hereby established in the harbor, as shown on the Mooring Plan.
A.
Every person operating a vessel shall at all times
operate the same in a careful and prudent manner (including, without
limitation, the throwing of its wake) so as not to disturb the reasonable
comfort or endanger the environment or shoreline property of another
or the life or limb of any person, or so as not to interfere with
the free and proper use of the waters of any channel.
B.
Dangerous operation prohibited. No person shall operate
a vessel at a speed greater than is reasonable and prudent or in a
manner which unreasonably endangers the users of the harbor, under
the conditions and having regard to the actual and potential hazards
then existing.
C.
Speed limit. No vessel shall be operated by any person
at a speed in excess of five miles per hour, with the exception of
sail boats engaged in races sanctioned by the North Shore, Manhasset
Bay, Port Washington or Knickerbocker Yacht Clubs or the Yacht Racing
Association or the Junior Yacht Racing Association, nor shall any
vessel be operated by any person within such limits so as to make
dangerous wakes that have the potential to cause injury to persons
on another vessel or to cause damage to another vessel, structure,
shoreline, wetlands or ecosystems.
D.
No person shall operate a vessel propelled wholly
or partly by an engine operated by gas, gasoline, naphtha, diesel
oil or other substance unless the exhaust from such engine shall be
muffled in accordance with state regulations set forth in Navigation
Law § 44.
E.
No person shall operate any vessel within the lines
of any swimming area or buffer area adjacent to any swimming area,
except when being used to effect a rescue or to render assistance
to prevent harm to a person or damage to property.
F.
No vessel propelled other than by hand shall cruise
or be operated within 100 feet of any lifelines or bathing float,
or if there be no lifelines or bathing float, then within 200 feet
of any beach regularly used for bathing or swimming, except where
a channel approaches the lifelines, bathing float or beach, as the
case may be, closer than such applicable distances.
G.
Identification. Vessel operators shall, at all times,
identify themselves and produce the vessel's registration (if vessel
is required to be registered) to village, state and federal authorities
upon request. Failure to produce such registration upon request shall
be a violation of this section.
H.
Lights. Each vessel shall have such lighting as required
by the United States Coast Guard.
I.
No persons shall operate a vessel upon the waterways
while they have 1/10 of 1% or more by weight of alcohol in their blood
as shown by chemical analysis of blood, breath, urine or saliva made
pursuant to the procedures set forth by § 1194 of the Vehicle
and Traffic Law of the State of New York.
J.
Sheets Creek North. No person shall operate or be
permitted to operate any motor-powered vessel in the waters of Sheets
Creek North. For purposes of this subsection, "Sheets Creek North"
is defined as all waters connected to Manhasset Bay and situated North
North/East of a line from Lat. 40 50.32 North and Long. 73 42.77 West
to Lat. 40 50.32 North and 73 42.82 West.
K.
Waterskiing, etc. No person shall use or operate a
vessel to tow a person on water skis, boards, tubes or any other devices
through the waters of the harbor shoreward on a line bearing 270º
from Buoy G-1 or in any mooring area or mooring perimeter, with the
exception of sanctioned and regulated shows or events approved by
the United States Coast Guard and the New York State Commissioner
of the Office of Parks, Recreation and Historic Preservation.
L.
Spear guns. No person shall use, operate or discharge
under water any spear gun or similar apparatus within 400 feet of
any beach used for bathing or swimming or within 200 feet of any bather
or swimmer.
A.
Anchoring and mooring. No person shall anchor or moor
any vessel in such a manner that it lies within the lines of any channel,
swimming area or buffer area within the harbor, except in emergencies.
B.
Residential docks. Private floating structures shall
be permitted only if attached to the shore of lands of an upland owner.
No private floating structure shall obstruct a channel, swimming area
or mooring area shown on the Mooring Plan.
C.
Work vessels and floats. The use and storage of work
vessels and floats in Manorhaven Harbor is allowed in areas designated
on the Mooring Plan and only by permit issued by the village. This
permit is annual and will run from February 15 to February 14 of the
following year.
D.
Winter storage of floats. The winter storage of floats in the Manorhaven portion of Sheets Creek is allowed in areas designated by the Village and only by permit issued by the Village. The permitted time period for such storage shall run from November 15 through April 15. Any float stored under such a permit must be removed on or before April 15, or the permit holder will be responsible for the costs of removal and subject to fines and penalties in accordance with § 151-26 of this article.
[Added 10-10-2019 by L.L.
No. 12-2019]
Excavating, dredging and filling in that portion
of the harbor that is within the jurisdiction of the Incorporated
Village of Manorhaven are subject to the issuance of all necessary
federal and state regulatory agency permits. All applicants are responsible
for applying for all necessary federal and state regulatory agency
permits and, at the same time, must submit one copy of the application
packages made to such agencies to the Village Building Department.
Excavation, dredging and filling in the harbor by any person will
occur only in the window designated by the Department of Environmental
Conservation, preferably in the late fall and winter to minimize potential
impacts on aquatic organisms.
A.
Littering. No person shall place, throw, deposit or
discharge or cause to be placed, thrown, deposited or discharged into
the harbor from any vessel or marina or from the shoreline, any litter,
refuse or any other solid or liquid materials, including but not limited
to hydrocarbons, except in the normal operations of a vessel, soapy
and detergent waters and other noxious liquids except marine biodegradable
cleaners, which render the waters unsightly, noxious, unwholesome
or otherwise detrimental to the public health or welfare, to marine,
animal or plant life or to the enjoyment of the water for recreational
purposes.
B.
Discharging of any sewage is prohibited.
D.
Emergencies. In case of emergencies, nothing in this
chapter shall be construed as preventing the duly authorized Village
Official from pursuing the most effective action in his or her judgment
for rectifying the conditions causing the emergency.
A.
Litter receptacles at marinas and yacht clubs. The
owner or other person vested with the possession, management and control
of a marina or yacht club must provide and maintain a sufficient number
and selection of trash receptacles for the deposit of litter and recycling
bins at locations where they are convenient to vessel users of such
marinas.
B.
Toilet facilities at marinas.
(1)
The owner or other person vested with the possession,
management or operation of a marina shall maintain suitable toilet
facilities onshore for the accommodation of vessel users who are patrons
of their marinas.
(2)
The owner or other person vested with the possession,
management or operation of a marina accommodating 25 or more vessels
with United States Coast Guard approved on-board marine sanitation
devices shall install and maintain suitable vessel waste sewage and
waste pumping onshore for the purpose of servicing watercraft unless
sufficient vessel pumpouts exist to serve the vessels within the harbor.
A.
Mooring areas. The Waterways Committee will recommend
the location of mooring areas to be prescribed on the Mooring Plan
where individual vessels may be moored. No person shall moor any vessels
in any area except a designated mooring area, and except in the case
of an emergency arising out of the perils of the sea or disablement,
no person shall temporarily anchor or moor a vessel in the mooring
area unless specifically authorized by the village pursuant to this
chapter. No person shall anchor or moor any vessel in such a manner
that it lies within the lines of any channel, swimming area or buffer
area within the harbor, except in emergencies.
B.
Location of moorings.
(1)
The locations of all offshore individual moorings
within the Village Mooring Area will be assigned by the Waterways
Committee.
(2)
Residential moorings outside of a designated mooring
field may only by placed upon receipt of a permit approved by the
village.
(3)
The village shall have authority for reasons of safety,
or other documented reasons, to direct and order that the location
or position of moorings be changed. Such notice shall be provided
to the owner or operator of the subject vessel using such mooring,
and compliance shall be required within 10 days thereof. Failure to
comply with such direction or order shall be a violation of this section.
(4)
Holders of perimeter permits shall provide to the
village and the Town of North Hempstead a plan for specific moorings
within their designated perimeters.
A.
Mooring buoys must be clearly and permanently marked
with the owner's name or mooring permit number. Winter buoys, when
used, must be similarly marked. Mooring shall be done in accordance
with federal, state and town procedures. Individual mooring markings
under this chapter shall be of the type as designated by the Waterways
Committee.
B.
If a mooring buoy or winter buoy becomes a hazard
to navigation, the village may, at the owner's expense, without previously
notifying the owner, remove the buoy. In such instances, the village
or other agent of the village shall not be responsible for loss of
the mooring or mooring tackle.
C.
Multiple vessels on mooring buoys. No person shall
moor more than one vessel to any single mooring buoy, nor shall any
other floating object be secured to a mooring buoy by any person without
the advance permission of the village.
A.
Company representative. A person shall be designated
by a yacht club, association or company as its representative to be
responsible for compliance with all the provisions of this chapter.
Notification of the designated person shall be made to the village
and the Town of North Hempstead.
B.
Maintenance of mooring buoy equipment. Mooring tackle
and buoy equipment shall be kept in good condition to prevent the
moored vessels from breaking adrift and damaging other vessels and
property and endangering public safety. The upper chain and shackle
shall be visually inspected at the beginning of each season. Whenever
a mooring buoy is exchanged in accordance with this chapter, the mooring
buoy tackle shall be raised and inspected before another vessel is
placed on that mooring buoy. Mooring buoy tackle found to be in poor
condition shall not be used until it has been made safe by the owner
or his agent. Every three years, mooring buoy and tackle must be raised
and inspected by a Mooring Inspector who is licensed by the Town of
North Hempstead to do such inspections, and defective parts must be
replaced. No mooring permit shall be issued without an inspection
certificate. In the event of a dispute between an owner and Mooring
Inspector, the village or its designee may arbitrate and issue a ruling.
C.
Responsibility of owner upon expiration or revocation
of individual or commercial mooring permit. Mooring buoy and tackle
in a space for which a permit has expired and for which a renewal
application has not been timely received shall be removed by the owner.
If such buoy and tackle is not removed by March 15, the village may
remove it, or have it removed, and hold the same until the cost of
such removal is paid. Mooring buoy and tackle in a space for which
a permit has been revoked shall be removed within 10 days of notification
of revocation.
D.
Unauthorized mooring tackle and buoys. Failure of
an owner to remove unauthorized mooring tackle and buoy, including
one for which no permit has been issued, may result in the owner being
assessed for charges of mooring tackle and buoy removal and being
subject to liability for obstruction to navigation.
Guest vessels may be moored at mooring buoys
located in the harbor for not more than 10 days, or longer if under
repair or service by a marina. Notwithstanding the foregoing, vessels
undergoing repairs or in the process of commissioning or decommissioning
may be moored to a dock, pier or other structure maintained by a marina.
