The Village Court will have jurisdiction over
any violations of this chapter issued by the Town of North Hempstead's
Bay Constables or the village's Superintendent of Buildings.
A.
Any person violating Article II, §§ 151-10 and 151-12, or Article III, § 151-17, or Article V, § 151-24, will be guilty of an offense and may, upon conviction, be punished by fine not exceeding $1,000 for each and every day in violation. Said penalties are recoverable as damages in a civil action brought in the name of the Village of Manorhaven.
B.
Any person who violates Article II, § 151-8, Subsection A, B or C, shall, upon conviction of a first offense within the meaning of this subsection, be fined $50. In such a case, the offender may plead guilty by returning the appearance ticket by mail together with the fifty-dollar fine and a certification from the offender, under penalty of perjury, that the offense is his or her first violation of Article II, § 151-8, Subsection A, B or C, within the preceding five-year period. For a second and subsequent violation of Article II, § 151-8 in any of its subsections within a period of five years, the offender may not plead guilty by mail and shall, upon conviction, be punished by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or by both such a fine and imprisonment.
D.
In addition, any person who has been convicted of
a violation of the regulations pertaining to individual moorings shall
have any current individual mooring permit revoked and may not be
permitted to apply for or to receive permits for two years.
E.
Any person who stores, leaves, or causes to be placed a float in Manorhaven Harbor or Sheets Creek over the winter season (between November 15 and April 15) without receiving a permit for the same as required under § 151-9D and § 151-21, shall be guilty of a violation of this chapter punishable by a fine not to exceed $1,000, or imprisonment for a period not to exceed 15 days, or by both. Additionally, the owner of said float shall be responsible for all costs incurred by the Village for removal of the float.
[Amended 10-10-2019 by L.L. No. 12-2019]
F.
All other violations of this chapter will be punishable by a fine
not to exceed $250 or imprisonment for a period not to exceed 15 days,
or by both.
[Amended 10-10-2019 by L.L. No. 12-2019]
G.
Any penalty imposed for a violation of this chapter may be recoverable
as damages in a civil action brought in the name of the Village of
Manorhaven.
[Added 10-10-2019 by L.L.
No. 12-2019]
The Board of Trustees of Manorhaven shall be
empowered to hear and decide appeals from and review of any order,
requirement, decision or determination made by the village employees,
officials or agents regarding the issuance or revocation of mooring
permits within the harbor as provided in this chapter and from any
decision by a Mooring Inspector on mooring tackle.
A.
Request for hearing. Upon the denial of a permit in
connection with the issuance of a mooring permit, or upon the issuance
of a notice of revocation of any such permit, the aggrieved applicant
may, within 10 days after receiving written notice from the village,
file an appeal, in writing, in the office of the Village Clerk, requesting
a review of any such determination. The Board of Trustees shall hear
and decide such appeals and may reverse or affirm, wholly or partly,
or may modify the determination appealed from and/or make such determination
and order which, in its opinion, should be made under the circumstances.
B.
Filing fee. Each request for a review of any order,
requirement, decision or determination with respect to the issuance
or revocation of mooring permits shall be accompanied by the required
fee as determined by resolution of the Board of Trustees.
C.
Hearing. Upon receipt of a request for a hearing as
provided above, the Board of Trustees shall commence such hearing
no later than 30 days after the date on which the request was filed,
unless an extension of said time period is agreed upon by both the
village and the aggrieved party. Failure by the Board of Trustees
to commence said hearing within the above-specified time period shall
not be deemed to constitute approval of such request if good and sufficient
reason exists.
D.
Conduct of hearing. The applicant, or his representative,
shall be given an opportunity to show cause why the decision by the
village should be modified or withdrawn. The burden of proof in this
regard shall be upon said applicant, or his representative, who shall
be required to demonstrate by a fair preponderance of the evidence
that the village's decision should be withdrawn or modified.
E.
Findings. Upon consideration of the evidence presented,
the Board of Trustees shall sustain, modify or withdraw the village's
decision. Any decision of the Board of Trustees to sustain, modify
or withdraw a decision shall be consistent with the village's approved
Local Waterfront Revitalization Program.
In the event that administrative regulations
are required for the safe and efficient maintenance of the harbor
and related moorings and float facilities, the village Board of Trustees
may adopt such regulations. These regulations shall be published in
the official newspaper of the village and shall be enforced by the
village.
