[HISTORY: Adopted by the Town Board of the Town of Evans: Art. I, 5-15-1991 by L.L. No. 8-1991. Amendments noted where applicable.]
Fees — See Ch. 106.
[Adopted 5-15-1991 by L.L. No. 8-1991]
By adoption of this article the Town Board of the Town of Evans declares its intent to safeguard life and property and to ensure the orderly operations of the Sturgeon Point Marina. It is intended that this article will ensure maximum enjoyment of harbor facilities by all authorized boaters.
The harbor located within the Sturgeon Point Marina in the Town of Evans, County of Erie, State of New York, will be operating during the season of May 1 to October 15 of each year. The Town reserves the right to delay the opening of operations due to weather, ice or storm damage conditions.
Issuing of permits.
[Amended 12-15-1993 by L.L. No. 13-1993; 2-13-2019 by L.L. No. 1-2019]
The Town of Evans shall issue permits to those person(s) who have successfully applied for a particular berth assignment within the harbor at the Sturgeon Point Marina. No permit shall be issued unless the applicant shall furnish the Town with a liability insurance policy, issued by a company duly licensed by the State of New York, insuring the applicant against liability for damage to persons and property with limits of not less than $100,000 for vessels 25 feet and under, and not less than $300,000 for vessels 26 feet and larger, and salvage coverage of at least $250 per foot of the length of the vessel (i.e., 20 feet = $5,000 salvage insurance). Said policy shall name the Town of Evans as an additional insured and shall be noncancelable without 30 days' prior written notice to the Town. In the event that such insurance is canceled, for any reason, any such permit issued shall be deemed null and void.
Said permit shall be issued to the legally registered owner or owners of the boat to be berthed as listed on said owner's or owners' New York State boat registration. All such boats berthed in the Sturgeon Point Marina must have on file, along with the application for such permit, a copy of the legal title for all boats manufactured from 1987 to the present and a copy of the boat registration, and the numbers assigned by said registration must be displayed upon said boat as required by law.
All permits for berthing boats at the Sturgeon Point Marina are nontransferable to another owner or docking space.
The Town of Evans, or its designated agent, may revoke any permit issued to any vessel which is not maintained in a safe and seaworthy condition.
The owner of any vessel berthed at the Sturgeon Point Marina under authority of a permit must notify the Town of Evans of any change of address within five days after such change takes effect.
All New York State residents shall be eligible for berthing. Applications for the waiting list shall be available from the Town Recreation Department and shall be assigned according to application date and availability of berth size applied for. Fees for application, berths, launching and other marina services shall be set by the Town Board and listed in Chapter 106, Fees.
[Added 12-15-1993 by L.L. No. 13-1993]
The Town shall hold an annual "relocation" day for slipholders, with the date and time designated annually by the Town Board, at which time any slip or dry dock holder may relocate their space to any other available slip or dry dock space of the same size on a first come first served basis. There shall be no trading, switching, or swapping of slip or dry dock spaces other than as set forth herein and conducted through the Town of Evans.
[Added 2-13-2019 by L.L. No. 1-2019]
It is the responsibility of the owner of any vessel docked at the Sturgeon Point Marina to properly moor and secure such vessel against all damage. The owner of any vessel shall be responsible for any damage caused by his vessel to the Town of Evans docks, ramps or other property, and the owner shall be liable for the cost of any repairs thereto.
Swimming, diving or bathing within the waters of the harbor or from the docks of the Sturgeon Point Marina is prohibited. Fishing is prohibited from docks and those areas so designated.
All vessels in the Sturgeon Point Marina shall observe the Rules of the Nautical Road. The Rules of the Nautical Road are an internationally accepted standard by which all mariners are to comply when operating a vessel upon the water. Basically, the rules require that every operator conduct his vessel in a prudent manner, at a safe speed, constantly maintaining a proper lookout by all means available to him.
It is strictly prohibited to make any alterations, changes or additions to dock structures. Permanently secured fendering devices are not permitted. Use standard marine fenders only. Tires, carpets and fire hoses are strictly prohibited, and failure to comply will terminate the permit.
It shall be a violation for any person to bring gasoline or any petroleum fuel product into the dock area unless such fuel product is contained in an appropriate marine-type fuel tank.
It shall be a violation for any person to transfer any petroleum fuel product within the Sturgeon Point Marina from any container into a boat or other container excepting that fuel transfer which is properly established as the licensed commercial business of fuel carried out at the Sturgeon Point Marina.
This section is not to be construed to limit persons from bringing in gasoline contained in their marine fuel tanks for connection to a marine-approved outlet on an outboard or other manufacturer's product.
The Town of Evans may revoke any permit for any violation of this article.
The Town of Evans must give five days' notice of such revocation in writing to the address listed for such permit.
The registered owner of any vessel for which such permit has been revoked is responsible for the removal of said vessel from the harbor of the Sturgeon Point Marina within five days of such revocation notice. The failure of any such owner to remove such vessel within this specified time period will result in said vessel being removed and stored at the owner's risk and expense.