Article I Regulations and Restrictions

No person shall release or cause to be released into waters within the jurisdiction of the Town of Huntington a pollutant or other liquid or solid material which renders the water unsightly, noxious or otherwise unwholesome, or is detrimental to the public health, safety and/or welfare, or to the use and/or enjoyment of the waters for recreational purposes. A violation of this subdivision shall be declared a misdemeanor.

In the event a pollutant or other liquid or solid material is released as set forth in subsection A herein, the Department of Maritime Services shall be notified within one (1) hour of said release.

§ 120-4 Freestanding floats.

It shall be unlawful to anchor, tie, or maintain a freestanding float or a combination of freestanding floats upon the waters over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction that, when joined, are larger than two hundred (200) square feet without first obtaining a marine conservation permit pursuant to Chapter 137 of the Code of the Town of Huntington.

[Amended 6-18-2019 by L.L. No. 28-2019]

It shall be unlawful to anchor, tie, or maintain a freestanding float or combination of freestanding floats upon the waters over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction that, when joined, are two hundred (200) square feet or less without first obtaining a mooring permit from the Department.

[Amended 6-18-2019 by L.L. No. 28-2019]

All freestanding floats shall be anchored or moored in such a way as to be secure at all times and under all conditions, and such anchoring or mooring shall be subject to the supervision of the Department. Floats stored in harbors, bays and coves shall not rest on any tidal wetlands, or be moored in a channel or accessway, or interfere with the safe navigation of vessels. Any person who violates the provisions of this section shall be deemed to have committed an offense against this article.

[Amended 6-18-2019 by L.L. No. 28-2019]

It shall be unlawful to store flammable, noxious and/or hazardous material or liquid, unsalted bait or debris on floats moored within the Town of Huntington.

[Amended 6-18-2019 by L.L. No. 28-2019]

Every freestanding float or combination of freestanding floats shall, at intervals of no less than every four (4) feet have a reflective device securely affixed to the perimeter thereof which shall be located within one (1) inch from the top surface of the float.

Requirements. It shall be unlawful to neglect or fail to comply with the following requirements:

[Amended 6-18-2019 by L.L. No. 28-2019]

The minimum requirement for mooring a single float, two hundred (200) square feet or less in size, shall be one (1) 150-pound mushroom anchor. All other ground tackle shall be the same size and diameter as established in this Article for a 20- to 24 foot vessel.

In addition to the 150-pound requirement, for mooring a single float more than two hundred (200) square feet in size, the weight of the mushroom anchor shall be increased using the minimum standard chart for the appropriately-sized vessel. All other ground tackle shall meet the requirement of the next highest category on the vessel chart.

In all other respects, the provisions of § 120-21 pertaining to the mooring of vessels shall apply equally to the anchoring or mooring of freestanding floats.

§ 120-5 Public docks and floats.

It shall be unlawful to utilize any portion of a public dock or float for commercial purposes without a permit issued by the Department of Maritime Services.

[Amended 6-18-2019 by L.L. No. 28-2019]

Special event permits.

[Added 8-5-2008 by L.L. No. 20-2008; amended 2-1-2011 by L.L. No. 4-2011; 6-18-2019 by L.L. No. 28-2019]

Special event permits may be issued by the Department for an event requiring the use of the public dock or float as long as the event is limited to one (1) day, and provided the owner of the vessel applies for a special event permit, pays an application fee, provides a certificate of insurance, and signs a hold harmless agreement in favor of the Town and the Huntington Board of Trustees. If the applicant is a charter, then the application shall be accompanied by the documents set forth in § 120-18(B) together with the requisite application fee. The application fee for special events shall be as established by the Town Board from time to time.

A copy of a certificate of insurance naming the Town of Huntington and the Huntington Board of Trustees as additional insureds by endorsement with policy limits of:

Liability for personal injury, including death, sustained on public property and/or occurring as a result of the conduct of the special event, one million ($1,000,000) dollars per occurrence; and

Damage to public or private property as a result of the use of public property and/or conduct of the special event, one million ($1,000,000) dollars per occurrence which shall include coverage for vessel wreck removal and pollution mitigation.

It shall be unlawful to tie or make fast a vessel to any public dock or float for longer than one (1) hour, except as otherwise posted; or to tie or make fast a vessel to a pump-out area except for the purpose of promptly loading or unloading, or for sanitary pump-out purposes, and thereafter the owner or person in charge of the vessel shall immediately disengage the vessel from the float. The Department shall post the hours during which vessels are permitted to tie or be made fast to public docks and floats.

[Amended 6-18-2019 by L.L. No. 28-2019]

In the event a vessel is disabled, the vessel may remain at such public dock or float for a period not to exceed twenty-four (24) hours with the permission of the Department of Maritime Services. At no time shall a disabled vessel be tied up or made fast to the south float "pump-out area".

§ 120-6 Use of Town boat ramps; resident beach parking stickers.

In addition to the penalties provided herein for a violation of any of the provisions of this article, the Department may cause a vessel which is tied or made fast to a public dock or float in excess of one (1) hour, or as otherwise posted, to be impounded, stored and/or secured at the expense of the owner or person in charge of such vessel. Any vessel that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, impounding the vessel, and storage and maintenance of the vessel, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.

[Amended 2-1-2011 by L.L. No. 4-2011;[1] 6-18-2019 by L.L. No. 28-2019]

[1]

Editor's Note: This local law also redesignated former Subsections D and E as Subsections E and D, respectively.

No person shall use a launching ramp owned or maintained by the Town of Huntington for commercial purposes, except as provided in this chapter or by permit issued by the Department of Maritime Services.

No motorized vehicle of any kind weighing more than five (5) tons shall be permitted on any ramp owned or maintained by the Town of Huntington.

It shall be unlawful for a person to use a launching ramp owned or maintained by the Town of Huntington or to park in spaces and areas restricted for use by holders of beach stickers unless there is affixed to the vessel and to the right side window of the vehicle employed to lower the trailer a valid resident beach parking sticker or nonresident daily pass issued by the Town of Huntington.

Except in the event of a bona fide emergency, no person shall repair or work on a vessel tied or made fast to a launching ramp owned by the Town of Huntington or any float attached thereto.

No person shall cause, permit and/or allow his/her vessel to be tied or made fast to a launching ramp owned or maintained by the Town of Huntington or any float attached thereto for more than fifteen (15) minutes, except as follows:

In the event of a bona fide emergency; or

The westerly side of the launching ramp and floats at Mill Dam Road may be used from 4:00 a.m. to 6:00 p.m., Monday through Friday, except legal holidays, by those engaged in lobstering and shellfishing for the sole purpose of loading and unloading their catch, gear and/or equipment, but in no event shall such vessels, the gear and equipment, be left at the westerly side of such ramp or floats for more than one (1) hour.

§ 120-7 Restrictions on operation of vessels; liability.

The easterly side of the launching ramp and floats at Mill Dam Road may only be used by recreational boaters to lower their vessels or remove them from the water, or to board or descend from a vessel, or to load or unload a vessel. In no event shall a vessel be tied or made fast to the easterly side of the launching ramp or floats attached thereto for longer than provided in § 120-6E.

Operation near beach and bathers. No vessel propelled other than by hand, oar or paddle shall cruise or be operated within three hundred (300) feet of a lifeline or bathing float, within three hundred (300) feet of the shoreline of any public or semipublic beach, and/or within three hundred (300) feet of any person bathing or swimming, except when exiting or entering the water or a ramp area, and then only at a speed of no more than five (5) miles per hour and no closer than fifty (50) feet from a bather, swimmer or other person in the water.

Speed regulations.

No vessel shall be operated in excess of five (5) miles per hour in:

Any harbor in the Town of Huntington;

In the Huntington Inlet Channel from the northerly end of Huntington Harbor extending northward to the Huntington Lighthouse;

All waters north of a line beginning at a fence marking the southerly end of the Hobart Beach parking area running thence easterly a distance of one thousand five hundred (1,500) feet; running thence to the southerly end of what is commonly called "Sand City" which is the southerly terminus of the area known as "Eaton's Neck";

That portion of Northport Bay known as the Northport Bay Channel beginning at the westerly end of the Northport Bay Channel at Green Flashing Buoy (4 sec.) No. 1 running thence easterly to Red Nun Buoy No. 4, and all waters bounded to the north and south of the said channel between the aforesaid buoys a distance of fifty (50) feet; and

In Centerport Harbor, all waters south of a line extending westerly from the north side of the Senior Citizens Beach House located on Little Neck Road to the western end of Fleets Cove Beach.

No vessel shall be operated in a harbor, channel or millpond, or in any area where there is a congestion of boats at anchor or otherwise, at a speed in excess of five (5) miles per hour, or, regardless of speed, in an unsafe, dangerous, negligent and/or imprudent manner.

No vessel shall be operated in excess of forty-five (45) miles per hour in all other waterways, bays, inlets and/or waters over which the Town of Huntington has jurisdiction.

Prudent speed; operation of vessels.

No vessel shall be operated in a harbor or controlled speed area in such manner as to create a wake which:

Disturbs the peace and good order;

Is detrimental to the use and/or enjoyment of the waters; or

Endangers the health, safety and/or welfare of boaters, bathers or property.

In all waters over which the Town of Huntington has jurisdiction, every vessel shall be operated in a safe, careful and prudent manner so as not to endanger the safety of life, limb or property, or so as not to unreasonably interfere with the free and proper use of the navigable waters. Reckless operation is prohibited. The operation of a vessel in violation of this subdivision shall constitute a misdemeanor.

No person shall operate a vessel at a speed greater than is reasonable and prudent under the prevailing conditions and having due regard for the actual and potential hazards then existing.

No person shall operate a vessel within the waters of the Town of Huntington where the horsepower of the engine exceeds the United States Coast Guard recommended capacity.

The owner of a mechanically propelled vessel shall not knowingly authorize, allow and/or permit the operation of such vessel in the waterways, bays, inlets or waters over which the Town of Huntington has jurisdiction unless:

The operator is eighteen (18) years of age or older; or

The operator is accompanied by a person who is eighteen (18) years of age or older; or

The operator is ten (10) years of age or older and is the holder of a boating safety certificate issued by the Commissioner of the Office of Parks, Recreation and Historic Preservation of the State of New York, the United States Power Squadrons or the United States Coast Guard Auxiliary; or

In the case of a personal watercraft or specialty prop-craft, unless the operator is in compliance with § 49(1-a)(b) of the New York State Navigation Law, or is accompanied by a person who is in compliance with § 49(1-a)(b) of the New York State Navigation Law, and any amendment thereto or successor law.

No person under the age of eighteen (18) years of age shall operate a mechanically propelled vessel on the navigable waters within the Town of Huntington unless the operator is accompanied by a person who is eighteen (18) years of age or older, or the operator is ten (10) years of age or older and is the holder of a boating safety certificate issued by the Commissioner of the Office of Parks, Recreation and Historic Preservation of the State of New York, the United States Power Squadrons or the United States Coast Guard Auxiliary. In the case of a personal watercraft or specialty prop-craft, unless the operator is the holder of, or is accompanied by a person over the age of eighteen (18) years of age who is the holder of a boating safety certificate issued by the Commissioner of the Office of Parks, Recreation and Historic Preservation of the State of New York, the United States Power Squadrons, the United States Coast Guard Auxiliary, or other state or government agency as a result of completing a course approved by the Commissioner.

Operating a vessel while ability impaired or in an intoxicated condition pursuant to § 49-a of the New York State Navigation Law, and any amendment or successor law.

No person shall operate a vessel upon the waters over which the Town of Huntington has jurisdiction while his/her ability to operate such vessel is impaired by the consumption of alcohol as set forth in § 49-a(2)(a) of the New York State Navigation Law.

No person shall operate a vessel upon the waters over which the Town of Huntington has jurisdiction while he/she is in an intoxicated condition as set forth in § 49-a(2)(d) of the New York State Navigation Law. The operation of a vessel in violation of this subdivision shall constitute a misdemeanor.

§ 120-8 Water-skiing, tubing, aquaplaning, surfboarding and similar activities.

No person shall operate a vessel upon the waters over which the Town of Huntington has jurisdiction while his/her ability to operate such vessel is impaired by the use of a drug as set forth in § 49-a(2)(e) of the New York State Navigation Law. The operation of a vessel in violation of this subdivision shall constitute a misdemeanor.

Liability of owner. In accordance with § 48(1) of the New York State Navigation Law, every owner of a vessel used or operated within the waters of the Town of Huntington shall be liable and responsible for death and/or injury to person and/or property resulting from negligence in the use and/or operation of such vessel, in the business of such owner or otherwise, by any person using or operating the vessel with the permission and/or consent, expressed or implied, of such owner.

No person shall operate a vessel which is towing a person on water skis, a tube, surfboard, aquaplane or similar device unless a person at least ten (10) years of age, other than the operator, is in the vessel and observing the progress of the person being towed.

No person shall ride on water skis, a tube, aquaplane, surfboard or similar device, or use or operate a vessel to tow a person thereon, between sunset and sunrise, or in periods of restricted visibility. A performer engaged in a professional exhibition may perform between sunset and sunrise if approved by the Huntington Town Board. The Town Board may deny approval or may approve the event upon such conditions it deems necessary and/or advisable to safeguard the health, welfare and/or safety of the public and/or property. The Department of Maritime Services may submit its written recommendations to the Town Board.

No person shall ride on water skis, a tube, surfboard, aquaplane or similar device, or use or operate a vessel to tow a person thereon, in any channel or within the waters of Huntington Harbor, Centerport Harbor, Centerport Millpond, Northport Harbor or any inland lake, or within three hundred (300) feet of the shoreline, or within three hundred (300) feet of a lifeline or bathing float, or within three hundred (300) feet of a swimmer or bather, except to approach or depart from the shoreline or ramp area, and provided further that the same is not operated in excess of five (5) miles per hour or within fifty (50) feet of a bather, swimmer or other person in the water.

The provisions of Subsection A of this section shall not apply to the operation of a vessel for towing a person on water skis, a surfboard or a similar device operated or controlled by the person being towed, the design of which makes no provision for carrying an operator or observer on board. Such a vessel may not, however, be operated unless:

It is registered and assigned a number which is permanently displayed thereon in accordance with § 73 of the New York State Navigation Law and § 2251 and § 2254 of the New York State Vehicle and Traffic Law, and any amendments thereto; and

It is equipped with an automatic shutoff mechanism activated whenever the operator is separated from the towing device; and

It is equipped with a fire extinguisher and flame arrester attached to the motor; and

The motor compartment is properly ventilated; and

All persons being towed are wearing a United States Coast Guard approved PFD Type I, II or III personal flotation device at all times of operation. The use of a Type III inflatable device shall not be permitted; and

§ 120-9 Regulation of personal watercrafts and specialty prop-crafts.

Other safety provisions required by § 40 of the New York State Navigation Law and any amendment thereto are observed, except for the requirements of Subdivisions (2) and (3) thereof relating to the use of whistles and anchors.

No person shall operate or manipulate water skis, an aquaplane, tube, surfboard or similar device in a reckless, careless or negligent manner so as to endanger the life, limb and/or property of any person.

No person shall operate a vessel for the purpose of towing a person on water skis, a surfboard, tube, aquaplane or a similar device while the person being towed is not wearing a United States Coast Guard approved PFD ski vest or lifesaving device, and no person shall be towed without using such lifesaving device, provided however, that the provisions of this subsection shall not apply to a performer engaged in a professional exhibition pursuant to a valid permit granted by the Huntington Town Board.

In addition to all other applicable provisions of this article, the following shall apply to the operation of personal watercraft and specialty prop-craft:

No person shall operate a personal watercraft or specialty prop-craft unless each person riding on or towed behind such vessel is wearing a securely fastened life jacket (Type I, II, III or V) approved by the United States Coast Guard, except a Type III inflatable PFD life jacket shall not be worn on a personal watercraft or specialty prop-craft.

No person shall operate a personal watercraft or specialty prop-craft unless such vessel is equipped and fitted with a United States Coast Guard approved device for arresting carburetor backfire.

No person shall operate a personal watercraft or specialty prop-craft unless such vessel is equipped with:

At least two (2) ventilators fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment in order to remove any inflammable or explosive gases provided however, that if the personal watercraft or specialty prop-craft is so constructed as to have the greater portion of the bilges under the engine and the fuel tank(s) open and exposed to the natural atmosphere at all times, it need not be fitted with such ventilators; and

An efficient sound-producing mechanical appliance, except sirens, capable of producing a blast of two (2) seconds or more in duration and of such strength as to be heard plainly for a distance of at least one-half (1/2) mile in still weather; and

A fluorescent-orange distress flag, which shall be a minimum of one (1) foot square or other appropriate United States Coast Guard approved visual distress signal.

No person shall operate a personal watercraft or specialty prop-craft unless such vessel is equipped with a lanyard-type engine cutoff switch and such lanyard-type engine cutoff switch is attached to his or her person, clothing or a personal flotation device as is appropriate for the specific vessel.

No person shall operate a personal watercraft or specialty prop-craft between sunset and sunrise or in periods of restricted visibility.

Restricted areas.

No person shall operate a personal watercraft or specialty prop-craft:

Within five hundred (500) feet of a shoreline, a lifeline or bathing float, and/or a bather or swimmer, except in bodies of water where the opposing shoreline is less than five hundred (500) feet therefrom or during transit to and from the shoreline or ramp area and then only at five (5) miles per hour and no closer than fifty (50) feet from a bather, swimmer or other person in the water; and

In any creek, beach and/or harbor within the Town of Huntington except during transit to and from waters seaward; and

In excess of the applicable speed regulations and/or restrictions.

"Transit" shall mean the safest direct route to or from the shoreline or to or from the launching site of the personal watercraft or specialty prop-craft.

§ 120-10 Scuba diving, diving operations and snorkeling.

Nothing contained in this subsection shall be construed to prohibit the launching of such vessels from designated launching sites or private beaches with the property owner's consent.

Every personal watercraft and specialty prop-craft shall at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including but not limited to, weaving through congested vessel traffic, or jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed, or sudden turning, stopping and rapidly accelerating, swerving at the last possible moment to avoid collision, shall constitute reckless operation of a vessel.

Registration numbers on personal watercraft and specialty prop-craft shall be visible at all times and shall be in accordance with all applicable federal and state regulations.

Restricted areas.

No person shall scuba dive, perform any diving operation or snorkel within a channel unless incidental to a salvage operation approved by the Department of Maritime Services.

§ 120-11 Discharge of spear guns; prohibitions.

No vessel, other than an attending vessel, shall be operated within one hundred (100) feet of an area marked for diving or snorkeling by the placement of a red flag with a diagonal white bar or a blue alpha signal flag.

Marking of the area. No person shall scuba dive, perform any diving operation or snorkel unless he/she has marked the diving area with a red diving flag with diagonal white bar or a blue alpha signal flag.

No person shall discharge an item, gun or article designed and/or altered to spear fish within five hundred (500) feet of a beach, or within two hundred (200) feet of a vessel, bather or swimmer.

§ 120-12 Peddlers.

No person shall engage in the business of selling, hawking, peddling and/or vending any property, article, product, service or thing from a vessel on the waterways of the Town of Huntington without having first obtained the approval of the Huntington Town Board. The Town Board may approve or deny the application, or approve same upon such conditions it deems necessary and/or advisable to safeguard the health, welfare and/or safety of Town residents, and/or safeguard the use and enjoyment of Town lands and waters.

§ 120-13 Noise.

No person shall operate a pleasure vessel or permit his pleasure vessel to be operated in or about the waters of the Town of Huntington in such manner as to exceed a noise level of 90dB(A) when subjected to a stationary sound level test as prescribed by SAEJ2005.

No person shall operate a pleasure vessel or permit his pleasure vessel to be operated on the waters of the Town of Huntington in such manner as to exceed a noise level of 75dB(A) measured as specified in SAEJ1970, provided that such measurement shall not preclude a stationary sound level test as prescribed by SAEJ2005.

§ 120-14 Defacing or removal of identification marks on motors.

No person shall willfully remove, deface, cover, alter and/or destroy the manufacturer's serial number or other distinguishing number or identification mark on an outboard, inboard and/or inboard-outboard motor.

No person shall knowingly buy, sell, receive, dispose of, conceal and/or knowingly possess an outboard, inboard and/or inboard-outboard motor where the manufacturer's serial number or other distinguishing number or identification mark has been removed, defaced, covered, altered and/or destroyed for the purpose of concealment of or misrepresenting the identity of said outboard, inboard and/or inboard-outboard motor.

A person who violates a provision of this section shall be guilty of a Class A misdemeanor. Lack of knowledge of the condition of such outboard, inboard and/or inboard-outboard motor as to the manufacturer's serial number, distinguishing number or identification mark shall constitute a defense; but having possession of such motor shall create a presumption that the defendant had such knowledge and the burden of proof shall be upon him, her or it to establish that he, she or it had no such knowledge.

§ 120-15 Aquatic events; approval.

No person shall hold, sponsor and/or participate in a power boat race, or other aquatic event in the waters of the Town of Huntington without the approval of the Huntington Town Board. The Town Board may approve the event subject to such conditions it deems necessary or advisable to safeguard the health, safety and/or welfare of those attending or participating in the event, and/or to safeguard public lands and waters.

§ 120-17 Unseaworthy, sunk or abandoned vessels.

The provisions of this section shall not apply to vessels competing in duly authorized regattas and trials preceding such regattas, or to organized sailboat races.

§ 120-16 Equipment and lights.

All vessels shall be equipped and lighted as required by the rules, regulations and/or laws of any state and federal agency having jurisdiction.

[Amended 2-1-2011 by L.L. No. 4-2011; 6-18-2019 by L.L. No. 28-2019]

Prohibitions:

It shall be unlawful for an owner or person in charge of a vessel to permit the vessel to remain in the waters and/or harbors of the Town of Huntington if the vessel is unseaworthy, swamped, sunk, wrecked, derelict, abandoned, contains unsecure deck cargo, or is in such condition so as to cause immediate and/or serious danger to the health, safety or welfare of the public or to property.

It shall be unlawful for an owner or person in charge of a vessel to permit an unseaworthy, swamped, derelict and/or abandoned vessel to be washed ashore and remain thereat.

Notice of removal. The Department shall issue a notice of removal to the owner directing the owner to remove such vessel within seven (7) days of the date on the notice. The notice of removal shall be mailed by certified or registered mail, return receipt requested, and by regular mail upon the last registered or known owner of the vessel. The Department shall make a reasonable search for the name and address of the vessel owner by checking with the jurisdiction which issued the vessel's registration number, if one is affixed, and if no registration number is affixed, with the New York State Department of Motor Vehicles or such other sources as the Department may deem advisable. If the owner cannot be determined after a search, notice of removal shall be posted in the official board of the Huntington Town Clerk and posted on or near the vessel for seven (7) days

Contents of Notice. The notice of removal shall inform the owner that if the vessel is not removed from its location within seven (7) days of the date on the notice, in addition to the penalties provided in this article, the vessel will be removed and impounded by the Department at the owner's expense. Such notice shall contain the address and telephone number of the Department, a description of the vessel, its location, condition, and if available, its name, registration number and contents.

Notification to agencies. On the date notification to the owner is given as set forth in § 120-17(B), the Department shall notify the Suffolk County Marine Bureau and the Suffolk County Sheriff's Office in writing that said vessel is unseaworthy, swamped, sunk, derelict and/or abandoned and offering possession of said vessel to either agency should the owner not claim the vessel or remove same within said seven (7) day period. Said notice shall include a statement as to whether or not the owner is known, and if known, the name and last known address of the owner. In all instances, a copy of the notice of removal served pursuant to § 120-17(B) shall accompany the notification to the agencies.

Impound of vessel. In the event the vessel is not removed by the owner at the expiration of the requisite period, and neither the Suffolk County Marine Bureau nor the Suffolk County Sheriff's Office has responded or has agreed to take possession of the vessel within such period, the Department shall remove and impound the vessel and photograph same. Once the vessel is impounded, the owner shall be given notice that such vessel has been impounded and is in the custody of the Department, and that if the vessel is not claimed within ten (10) days of the date of the notice, same shall be deemed abandoned and sold at public auction or otherwise disposed of by the Town. The notice shall further state that the proceeds of the sale, if one occurs, shall be used to defray the costs of providing notice to the owner and of removal, storage and sale of the vessel and its contents, and all other expenses incidental thereto. The notice shall contain the address and telephone number of the Department, a description of the vessel, the location from where it was taken, its current location, and if available, its name, registration number and contents.

Notice. Such notice shall be mailed to the owner as set forth in § 120-17(B) if the owner is known. If the owner is not known, such notice shall be posted in the official board of the Huntington Town Clerk and published in the official newspaper(s) of the Town for one (1) week. In the event notice is published, it shall state that the vessel must be claimed by the owner within ten (10) days of the first date of publication (identifying such date).

Release of vessel. Proof of ownership in the form satisfactory to the Department shall be provided prior to the release of any vessel. All costs and expenses incurred by the Town of Huntington, including but not limited to, the costs of providing notice to the owner and of removal, impounding the vessel, storage charges, and all other expenses incidental thereto shall be fully paid by credit card, money order, bank or certified check before a vessel will be released. The Department shall maintain an accurate accounting of all costs and expenses incurred by the Town.

Public auction. If the vessel is not claimed at the expiration of ten (10) days, the Huntington Town Board may order the vessel, its chandlery, and contents sold at public auction. The owner or person in charge of the vessel shall be personally liable for all of the costs and expenses incurred by the Town. The proceeds of such sale shall be used to defray the costs and expenses of providing notice to the owner and of removal, impounding the vessel, storage, and sale of the vessel and its contents, and all other expenses incidental thereto. Notice of such sale, a statement as to the amount of all costs and expenses incurred and the balance of the proceeds, if any, being held, shall be mailed to the owner as in § 120-17(B) and if the owner is not known, notice shall be posted on the official board of the Town Clerk and published in the official newspaper(s) of the Town for one (1) week. The balance of the proceeds of sale, if any, shall be turned over to the owner, if known, or, if the owner is not known, to be held, without interest, by the Department of Audit and Control for one (1) year for the benefit of the owner, upon proper proof of ownership, and, at the expiration of such period to be turned over to the Town's general fund. The Director of Purchasing shall provide the Department of Audit and Control with all necessary documentation and a copy of this legislation at the time the net proceeds of a sale, if any, are turned over for deposit into a non-interest-bearing account. Nothing contained in this chapter shall limit the Town's right to commence an action, in law or in equity, to recover all such expenses from the owner or person in charge of the vessel, who shall be personally liable, if no auction has occurred or if the proceeds of the auction are insufficient to cover the amounts paid by the Town.

Exceptions.

Emergencies. Nothing contained in this section shall be construed to restrict or prohibit earlier action by the Department, with or without notice to the owner, if, in the judgment of the Department, such vessel severely impedes or severely restricts navigation, or is in such condition so as to cause immediate and/or serious danger to either the health, safety and/or welfare of the public or to property. Once the vessel is impounded, the owner shall be notified in accordance with the procedures set forth in § 120-17(E), and the Suffolk County Marine Bureau and the Suffolk County Sheriff's Office shall be notified in writing that said vessel is unseaworthy, swamped, sunk, derelict and/or abandoned and offering possession of said vessel to either agency should the owner not claim the vessel within said ten (10) day period. Said notice to the agencies shall include a statement as to whether or not the owner is known, and if known, the name and last known address of the owner. In the event the vessel is not claimed by the owner or accepted by the agencies at the expiration of such period, the procedures set forth in § 120-17(E)(3) shall be followed.

§ 120-18 Charter and commercial vessels.

Value. A vessel that, because of its age, condition and/or estimated cost of repair, has, in the judgment of the Department, a value of one thousand ($1,000) dollars or less, shall be photographed and otherwise disposed of without prior notice.

[Amended 8-5-2008 by L.L. No. 20-2008; 6-18-2019 by L.L. No. 28-2019]

Permit required. It shall be unlawful for an owner, captain or person in charge of a charter or commercial vessel carrying more than six (6) passengers to utilize Town docks, slips and/or ramps for boarding or discharging passengers without having first obtained a permit from the Department. The Director may issue a permit subject to such conditions he or she deems necessary or advisable to safeguard the health, safety and/or welfare of persons or property, or to protect the use and enjoyment of public lands, docks and waterways.

An application for a permit shall contain and be accompanied by the following:

Full name, address, social security number and phone number of the owner of the vessel and each captain who operates the vessel; and

A copy of a valid driver's license of the owner of the vessel and each captain who operates the vessel; and

A copy of a current, valid United States Coast Guard operator's license for each captain who operates a vessel under this section.

A copy of a current, valid United States Coast Guard certificate of inspection for a vessel operated under this section.

A copy of a certificate of insurance naming the Town of Huntington and Huntington Board of Trustees as an additional insured under a protection and indemnity policy with policy limits of:

[Amended 6-18-2019 by L.L. No. 28-2019]

Liability for personal injury, including death, sustained on town property and/or occurring as a result of the conduct of the charter or commercial vessel operations: one million dollars ($1,000,000) per occurrence; and

Property damage to town property or the property of others as a result of the use of town property and/or the charter or commercial vessel operations: one million dollars ($1,000,000) per occurrence which shall include coverage for wreck removal and pollution mitigation.

An indemnity agreement executed by the owner of the vessel agreeing to defend and indemnify the Town against any loss, claim, damage, suit or judgement for property damage and/or personal injury, including death and reasonable attorney fees, arising from or as a result of the negligence and/or willful conduct of the vessel owners, operators, and/or their agents, servants, assigns or subcontractor(s), or, as a result of the maintenance and/or operation of the charter or commercial vessel.

A nonrefundable application fee in an amount established by the Town Board from time to time.

[Amended 6-18-2019 by L.L. No. 28-2019]

Application process; denial of permit.

[Amended 10-5-2010 by L.L. No. 17-2010; 6-18-2019 by L.L. No. 28-2019]

Upon receipt of a complete application for a permit and payment of the application fee, the Department shall make an investigation of the applicant for the purpose of determining the suitability of the applicant for a permit. An investigation shall include, but shall not be limited to, whether a permit has previously been issued to the applicant, whether the applicant has complied with the permit, the provisions of this chapter or Chapter 137 of the Code of the Town of Huntington, or has been convicted of a violation thereof, and any other factor deemed necessary and relevant in processing the application.

The Department shall determine whether a permit shall be issued and shall notify the applicant within five (5) days of filing of such application as to whether the application is granted or denied. In the event the application is granted, the permit shall be issued upon compliance with all applicable requirements. In the event the application is denied, notice of denial of a permit shall be given in writing by regular mail and addressed to the applicant at the address shown on the application. Such notice shall set forth the grounds for the denial and shall be final.

It shall be unlawful for a person to use a town dock, slip or ramp to operate and/or maintain a charter or commercial vessel operation if a permit has been denied.

An application for a permit may be denied by the Department under the following conditions:

[Amended 10-5-2010 by L.L. No. 17-2010; 6-18-2019 by L.L. No. 28-2019]

If fraud or a misrepresentation of a material fact is contained in the application for a permit; or

If fraud, misrepresentation or deceit has been practiced in the course of carrying out the charter or commercial vessel operation within five (5) years of the date of application; or

The applicant (owner), captain, or person in charge of the vessel has been convicted of a violation of this chapter or Chapter 137 of the Code of the Town of Huntington, except that a permit may be granted if, in the judgment of the Department, the applicant has since conducted himself, herself or itself in a law-abiding manner and the association with the charter or commercial vessel operations will not be contrary to the public interest; or

If, in the judgment of the Department, the applicant (owner), or the captain or person in charge of the vessel conducts, maintains or operates, or permits the charter or commercial vessel to be maintained or operated in an unlawful manner or in such manner so as to constitute a breach of the peace, or a menace to the health, safety and/or general welfare of the public.

Term of permit; permit renewal. A permit issued for the maintenance of a charter or commercial vessel operation shall expire on December 31 of the year of issuance. Once issued a permit may be renewed for two (2) additional one (1) year periods provided the permit holder has met all the terms and conditions of the original permit as determined by the Department and an application for renewal of the permit is received in the office of the Harbormaster by January 31 of the year the permit is sought.

[Amended 6-18-2019 by L.L. No. 28-2019]

Display of permit; non-transferability. The permit, once issued, shall be placed and at all times displayed in a conspicuous location on the vessel's wheel house. A permit is personal to the holder and does not follow ownership of the vessel, nor shall a permit be sold, assigned or transferred to one other than the holder. The transfer by sale, operation of law, or otherwise of the majority interest in any corporation or other entity to which a permit is issued shall constitute an assignment hereunder.

Acceptance of permit. Acceptance of a permit shall constitute an agreement by the owner, captain or person in charge of the charter or commercial vessel to be liable for any loss or injury to persons or property, including any injury or loss suffered by the Town of Huntington or Huntington Board of Trustees, resulting from or incurred in connection with the operation and maintenance of the charter or commercial vessel operation.

[Added 6-18-2019 by L.L. No. 28-2019[1]]

[1]

Editor's Note: This local law also redesignated former Subsections (G) through (I) as Subsections (H) through (J), respectively.

Rules and regulations: The owner, captain or person in charge of a charter or commercial vessel shall enforce the following rules and regulations at all times. Any owner, captain or person in charge of such vessel who neglects or fails to enforce these regulations shall be in violation of this article.

[Amended 6-18-2019 by L.L. No. 28-2019]

Vessels may not tie or be made fast to town docks or floats beyond the time permitted in this article. If a vessel is disabled, the owner, captain or person in charge of the vessel shall notify the Harbor Master's Office of such disability within one (1) hour to request permission from the Harbor Master's Office to exceed the posted time limit.

There shall be no consumption of alcoholic beverages by passengers or crew while on town docks, floats or other town property including parking lots.

No passenger or crew member shall leave or be discharged from the vessel with an open container of alcoholic beverage.

Reasonable noise regulations as established by the Town shall be observed. In no event shall loud radios or other reproduction or broadcasting of music or sound, or unruliness, horseplay or conduct which endangers the health, safety and/or welfare of any person, or disturbs the peace be permitted on board the vessel while within a harbor channel, or moored or made fast to a town dock or float, or while passengers and/or crew are on town docks, floats, in parking lots or on other town property.

No individual shall disobey or disregard a reasonable request or order of the Department or other town official.

Full compliance with all local, county, state and federal ordinances, rules, regulations and laws relating to the holding and discharge of waste materials shall be maintained.

Revocation of permit; grounds. Any permit issued to a charter or commercial vessel may be revoked by the Director, after a hearing, under the following conditions:

[Amended 10-5-2010 by L.L. No. 17-2010]

If fraud or a misrepresentation of a material fact is contained in the application for a permit; or

If fraud, misrepresentation or deceit is practiced in the course of carrying on the charter or commercial vessel operation; or

The permit holder, the captain, or person in charge of the vessel has violated any provision of the permit, or of this chapter or Chapter 137 of the Code of the Town of Huntington, except that a permit may be continued if, in the judgment of the Director, the person has since conducted himself, herself or itself in a law abiding manner and the association with the charter or commercial vessel operations will not be contrary to the public interest; or

[Amended 6-18-2019 by L.L. No. 28-2019]

If, in the judgment of the Director, the person to whom a permit has been issued, or the captain or person in charge of the vessel conducts, maintains or operates, or permits the maintenance or operation of the charter or commercial vessel in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public; or

[Amended 6-18-2019 by L.L. No. 28-2019]

The permit holder, the captain, or person in charge of the vessel has knowingly disregarded or disobeys any reasonable request or order of the Department or other town official regarding the use of town property or operation of the business.

[Amended 6-18-2019 by L.L. No. 28-2019]

Revocation hearing.

[Amended 10-5-2010 by L.L. No. 17-2010]

Notice of intention to revoke shall be mailed to the permit holder by the Department by regular and by certified mail, return receipt requested, to the address shown on the application, and by e-mail if known, with a copy to the Huntington Town Clerk. The notice shall direct that remedial or other action be taken by the date specified in the notice or the permit may be revoked. Upon good cause shown to the satisfaction of the Department, the period for compliance may be extended where remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice has been issued.

[Amended 6-18-2019 by L.L. No. 28-2019]

Contents of notice. The notice of intention to revoke shall contain the following:

A description of the vessel.

The nature of the offense or reason for the proposed revocation.

A description of the remedial action which, if taken, will effectuate compliance with the notice.

A statement that the remediation or abatement must commence immediately upon receipt of the notice and completed within a specified date, as is applicable.

A statement that in the event of the failure or refusal of the person to whom the notice is issued to comply by the date on the notice or approved date of extension, a preliminary fact finding hearing will be held on the date, time and place specified in the notice before an Administrative Hearing Officer, who shall consider the evidence and submit his or her findings and recommendations to the Director for ultimate determination.

(f)

A statement that in the event of the failure to comply or appear for a hearing, the notice shall automatically become a final order of revocation.

Amendment, modification or withdrawal. The Department may amend, modify or withdraw any notice issued if the circumstances warrant such action provided the amended or modified notice is served as provided in (1) herein within five (5) days of service of the original notice, and a hearing has not occurred.

[Amended 6-18-2019 by L.L. No. 28-2019]

At the hearing the permit holder may be represented by counsel and may submit such competent evidence as he or she deems advisable or necessary. The Hearing Officer shall submit his findings and recommendations to the Director. A copy of the Hearing Officer’s report shall be filed with the Town Clerk and mailed by the Department to the permit holder by regular and certified mail, return receipt requested, to the address shown on the application, and by e-mail if known, along with a statement that the permitholder has five (5) days from receipt of the report to submit to the Director his written objections thereto. The Director shall consider the applicant’s written statement and the Hearing Officer’s report, and may adopt or reject, in whole or in part any portion thereof as he or she deems advisable or necessary under the circumstances; and may thereafter revoke the permit, or withdraw the notice of intention to revoke with or without such terms and conditions as the Director establishes to protect the health, welfare and safety of the public, or to maintain the peace and good order. The decision of the Director shall be filed in the Office of the Town Clerk and served upon the permit holder in the same manner as the report. The decision of the Director is final.

[Amended 6-18-2019 by L.L. No. 28-2019]

Final order. The notice of intention to revoke shall automatically become an order of revocation if there is no compliance and there has been no appearance at the fact finding hearing by the person to whom a notice has been issued. The order, when issued, shall be served in the same manner as the original notice.

It shall be unlawful for an owner, captain or person in charge of a charter or commercial vessel whose permit has been revoked to use a town ramp, slip, float or dock to operate or maintain a charter or commercial vessel operation. The Department and/or other enforcement officer shall take all steps necessary to bar and prohibit the continued use of town docks, ramps, floats and other property by such entity, as is necessary to effectuate compliance with the revocation. In the event a permit is revoked, the application fee shall not be refunded.

[Amended 6-18-2019 by L.L. No. 28-2019]

§ 120-19 Impound facilities.

[Amended 2-1-2011 by L.L. No. 4-2011]

It shall be unlawful for any person to enter an impound facility owned, maintained or operated by the Town of Huntington without authorization, or to remove, damage, or tamper with any vessel or object stored thereat.

It shall be unlawful for any person to destroy, damage, or tamper with an impound facility owned, maintained or operated by the Town.

§ 120-20 Town marinas.

[Amended 10-5-2010 by L.L. No. 17-2010; 2-1-2011 by L.L. No. 4-2011; 6-18-2019 by L.L. No. 28-2019]

Permit required.

It shall be unlawful to cause, permit and/or allow a boat to be tied or otherwise confined in or at a town marina without a valid permit issued by the Department. No permit of any kind shall be issued to persons under eighteen (18) years of age.

Any boat tied or otherwise confined in or at a town marina without a valid permit shall be impounded, stored and secured by the Department at the owner's expense.

Any boat removed may be redeemed upon proof of ownership and payment of all costs of removal, storage and maintenance of the boat, together with other expenses incurred by the Town, by credit card, certified or bank check, or money order.

Summer permits:

Any resident who is the owner of a boat shall be entitled to make application to the Department for a permit to tie, make fast or dock to the dockage facilities at town marinas. The Department shall assign the permit holder to a specific berth and is authorized to temporarily reassign berths as, in the judgment of the Department, is necessary or appropriate. Renewals of summer permits from the prior summer season shall take priority over new applications. In the event that the next available berth cannot be occupied by the next applicant, the Department may pass over said applicant and assign the berth to the next applicant on the list whose boat may be accommodated by the berth. No unregistered boats shall be tied, made fast or docked at town marinas.

Application. The application for a permit shall be on a form provided by the Department. The applicant shall provide a copy of the owner's New York State driver's license, together with any other document or information requested by the Department. A nonrefundable application fee in an amount established by the Huntington Town Board shall be paid at the time of application. If a permit is issued, the applicant shall pay the marina fee and sign a marina contract.

Term of permit. The Town Board, upon the recommendation of the Department shall fix the dates during which permits are valid, except that the term of the permit may be subject to change upon the state of repairs and/or readiness for occupancy of town marinas due to a natural catastrophe or other causes.

Renewal of permit. An owner who, in the judgment of the Department, is in good standing as to the payment of fees, compliance with the rules and regulations of the marina, the provisions of the marina contract, and this chapter, shall have the option to renew a permit.

Winter permits.

The Department may designate areas for winter occupancy. Residents and nonresidents may file an application for a winter permit to tie, make fast or dock a boat to the dockage facilities of a town marina designated for such purpose, subject to such terms and conditions as may be imposed by the Department. Priority shall be given to residents of the Town of Huntington.

Application. The application for a permit shall be on a form provided by the Department. The applicant shall provide a copy of the owner's driver's license, together with any other document or information requested by the Department. A nonrefundable application fee in an amount established by the Huntington Town Board shall be paid at the time of application. If a permit is issued, the applicant shall pay the marina fee and sign a marina contract.

An application for a winter permit, or any renewal thereof, shall be filed on or before the date set by the Department.

Term of permit. The Town Board, upon the recommendation of the Department, shall fix the dates during which permits are valid, depending upon the state of repairs and/or readiness for occupancy of town marina due to a natural catastrophe or other causes.

Procedure upon application for a permit.

The Deparment shall determine whether a permit should be issued. In the event the application is granted, the permit shall be issued upon compliance with all applicable requirements. In the event the application is denied, notice of denial of a permit shall be given in writing by regular mail and addressed to the applicant at the address shown on the application. Such notice shall set forth the grounds for the denial and shall be final.

It shall be unlawful for a person to tie or make fast a boat to the dockage facilities of a town marina for which a permit has been denied.

Denial of permit application; grounds. An application for a permit to tie or make fast a boat to the dockage facilities of a town marina may be denied by the Department under the following conditions:

If fraud or a misrepresentation of a material fact is contained in the application for a permit; or

If, within two (2) years of the application date, the applicant has been convicted of a violation of this chapter or Chapter 137 of the Huntington Town Code, or of any rule or regulation of any local, state or federal agency having jurisdiction over navigation, or a permit to tie or make fast a boat to a town marina has been previously revoked, except that a permit may be granted if, in the judgment of the Department, the person has since conducted himself or herself in a law-abiding manner and the issuance of a permit will not be contrary to the laws or rules of any agency having jurisdiction, or disturb the public peace or good order, or jeopardize the safety of other permit holders, their boats or public or private property; or

If, within two (2) years of the application date, the applicant has violated the conditions of a prior permit, or the marina contract or policy, or the provisions of this article or any rule or regulation issued thereunder, or has knowingly disregarded or disobeyed a reasonable request or order of the Department or other town official; or

If, in the judgment of the Department, the issuance of a permit to the applicant would jeopardize the safety of other permit holders or their boats or town property; or would jeopardize the peace and good order.

Identification. Every summer permit issued shall be accompanied by a decal which shall bear the number of the permit and the year of issuance. Such decal shall be firmly affixed by the Department to the boat on a conspicuous place so as to be easily inspected while the boat is docked at the facility for which the permit is issued.

Acceptance of permit.

Acceptance of a permit shall constitute an agreement by the permit holder or holder of a pass that he or she will defend and hold the Town of Huntington and the Board of Trustees harmless from any claim, loss, damage, suit or judgment for property damage and/or personal injury, including death and reasonable attorney fees, which may arise from or in connection with the operation, docking, tying, lowering, removal or disposal of the boat, and further agrees to fully reimburse the Town or Board of Trustees for any damage caused to Town of Huntington or Board of Trustees property; and

An agreement by the permit holder to abide by all of the rules, regulations and provisions of the "Marina Rules and Regulations," the marina contract (if applicable), and this chapter.

Non-transferability; sublease prohibited. It shall be unlawful for a permit issued by the town pursuant to this article to be assigned, sold or transferred by the holder. A slip or docking space may be occupied only by the boat for which the permit is issued, and it shall be unlawful for the holder of a permit to sublease the space assigned to the holder or allow another person to dock or otherwise use such space. Permits are good only for the slip or docking space designated and only for the specified term.

Commercial activities. It shall be unlawful to use or permit the use of a vessel docked, made fast or tied at a town marina to be used for the sale, lease or hire of merchandise or services, or for the purpose of renting or leasing occupancy of the vessel to any person at any time. This subsection is not intended to prohibit a guest of the owner to remain on board of any boat as long as there is no monetary exchange or other compensation for the use and/or occupancy of the boat by such guest.

It shall be unlawful for any person under twelve (12) years of age to be admitted to, or be permitted in, a town marina unless accompanied by an adult who shows full responsibility for the child's safety and conduct.

(K)

Revocation of permit; grounds. A permit to tie or make fast a boat to the dockage facilities of a town marina may be revoked by the Director under the following conditions:

If fraud or a misrepresentation of a material fact is contained in the application for a permit; or

The permit holder, during the permit term, has been convicted of a violation of this chapter or Chapter 137 of the Huntington Town Code, or of any rule, regulation of any state or federal agency having jurisdiction over navigation, except that a permit may be continued if, in the judgment of the Director, the permit holder has since conducted himself or herself in a law-abiding manner and the continuation of a permit will not be contrary to the laws or rules of any agency having jurisdiction, or disturb the public peace or good order, or jeopardize the safety of other permit holders, their boats or public or private property; or

If the permit holder violates the conditions of the permit, or of the marina contract or the "Marina Rules and Regulations," or if any slip or berth for which a permit has been issued is being used in violation of this article or of any rule or regulation issued thereunder, or if the permit holder has knowingly disregarded or disobeyed a reasonable request or order of the Department or other town official; or

If the permit holder, in the judgment of the Director, conducts himself or herself in an unlawful manner or in such manner as to constitute a breach of the peace, or so as to be a menace, or so as to jeopardize the safety of other permit holders, their boats or public or private property.

(L)

Revocation of a permit; procedure; hearing.

Contents of notice. The notice of intention to revoke shall contain the following:

A description of the vessel.

The nature of the offense or reason for the proposed revocation.

A description of the remedial action which, if taken, will effectuate compliance with the notice.

A statement that the remediation or abatement must commence immediately upon receipt of the notice and completed within a specified date, as is applicable.

(f)

A statement that in the event of the failure to comply or appear for a hearing, the notice shall automatically become a final order of revocation.

At the hearing the permit holder may be represented by counsel and may submit such competent evidence as he or she deems advisable or necessary. The Hearing Officer shall submit his findings and recommendations to the Director. A copy of the Hearing Officer’s report shall be filed with the Town Clerk and mailed to the permit holder by regular and certified mail, return receipt requested, to the address shown on the application, and by e-mail if known, along with a statement that the permit holder has five (5) days from receipt of the report to submit to the Director his written objections thereto. The Director shall consider the applicant’s written statement and the Hearing Officer’s report, and may adopt or reject, in whole or in part any portion thereof as he or she deems advisable or necessary under the circumstances; and may thereafter revoke the permit, or withdraw the notice of intention to revoke with or without such terms and conditions as the Director establishes to protect the health, welfare and safety of the public, or to maintain the peace and good order. The decision of the Director shall be filed in the Office of the Town Clerk and served upon the permit holder in the same manner as the report. The decision of the Director is final. If the permit is revoked, the marina fee shall not be refunded.

§ 120-21 Mooring of vessels and floats.

It shall be unlawful to tie or make fast a boat to a slip, berth or dockage facilities of a Town marina if the permit has been revoked. Any boat tied or made fast to a slip or berth or other dockage facility shall be removed forthwith by the owner. The Department shall impound and store any boat not removed by the owner at the owner's expense. Any vessel that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance of the vessel, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.

(M)

The Director of Maritime Services may establish such other rules and regulations, not inconsistent with this article, as he/she deems advisable and/or necessary to maintain the peace and good order or to safeguard the health, safety and welfare of the public and/or navigable waters.

(N)

It shall be unlawful for a person to knowingly refuse or neglect to obey any reasonable request or order of the Department or other town official.

[Amended 11-5-2008 by L.L. No. 35-2008; 10-5-2010 by L.L. No. 17-2010; 2-1-2011 by L.L. No. 4-2011; 6-18-2019 by L.L. No. 28-2019]

Permit required.

It shall be unlawful for any person to place or cause to be placed a mooring on any underwater land over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction without first obtaining a mooring permit or transient mooring permit from the Department. No permit of any kind shall be issued to persons under eighteen (18) years of age.

It shall be unlawful for any person to tie or secure a vessel or float or any other object to a mooring for which a mooring permit or transient mooring permit has not been issued by the Department.

Any person who places or causes a mooring to be placed, or causes a vessel or float to be tied to a mooring for which no mooring permit has been issued, or causes a vessel or float to be tied to a mooring without a transient mooring permit having been issued shall be in violation of this article. In such event, and in addition to any other penalties provided for herein, any mooring and vessel/float attached thereto, shall be impounded, stored and secured by the Department at the owner's expense.

Any vessel, float and/or mooring removed may be redeemed by the owner or person-in-charge thereof, upon proof of ownership, the presentation of a valid permit and the payment by credit card, certified or bank check, or money order of all reasonable costs, including but not limited to, the costs of removal, the impound fee, and the costs of storage and maintenance of the vessel, float and mooring.

Exemption. The requirements of this subsection shall not apply to temporary moorings installed to facilitate work on projects for which all other necessary permits and approvals have been issued by the Town of Huntington and any local, state or federal agency having jurisdiction, or to temporary moorings installed to facilitate work on projects financed or undertaken by the Town of Huntington and/or the Board of Trustees.

Permit application.

Residents and non-residents who own vessels or floats, and corporations and other business entities, including commercial enterprises, shall be entitled to make application to the Department of Maritime Services for a mooring permit to place a mooring upon the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction. Yacht clubs, marinas and boating associations may apply for a mooring permit on behalf of their members, when acting as the agent of the owner, as long as an original statement of authority and proof of residency of the owner is produced at the time of application. Mooring permits shall be issued in the order in which received and residents of the Town of Huntington shall receive a preference over non-residents. Renewals of mooring permits from the prior year shall take priority over new applications if the permit holder is in good standing as determined by the Department.

[Amended 6-16-2020 by L.L. No. 18-2020; 9-14-2021 by L.L. No. 57-2021]

Application. An application for a mooring permit shall be on a form provided by the Department and shall be filed by the first day of May of every calendar year. Any vessel with an internal fuel tank shall be subject to insurance requirements for liability which includes pollution mitigation and vessel wreck removal with limits of three hundred thousand ($300,000) dollars per occurrence. The applicant shall also provide a copy of the owner's driver's license together with any other document or information requested by the Department. All applications shall contain the following disclosure statement:

All moorings placed within 1,500 feet of an Incorporated Village are subject to the mooring regulations and restrictions of said Village, if any, as well as the applicable provisions of Chapter 137 of the Huntington Town Code.

[Amended 9-14-2021 by L.L. No. 57-2021]

Insurance requirements. Any vessel with an internal fuel tank shall be subject to insurance requirements for liability which includes pollution mitigation and vessel wreck removal with limits of $300,000 per occurrence.

[Added 9-14-2021 by L.L. No. 57-2021[1]]

[1]

Editor's Note: This local law also redesignated former Subsection B(3) through (4) as Subsection B(5) through (6), respectively.

Attestation. All applicants for a mooring permit shall execute an acknowledgement or attestation that the applicant is familiar with and will abide by all applicable laws, rules and regulations of any federal, state, town and village having jurisdiction over the anchoring and mooring of vessels and floats.

[Added 9-14-2021 by L.L. No. 57-2021]

Application/permit fee. An application fee and mooring permit fee in an amount established by the Town Board and/or Huntington Board of Trustees shall be payable upon application.

Proof of residency. Residency shall be established by the production of the following: (1) a true copy of the vessel registration certificate and (2) a copy of the New York State driver's license of the owner or, in lieu of a driver's license, such other documentation as may be acceptable to the Department of Maritime Services. In the event registration of the vessel is not required pursuant to the applicable provisions of the New York State Navigation Law or the New York State Vehicle and Traffic Law, then, in that event, the applicant shall produce such other documentation as is satisfactory to the Department.

[Amended 9-14-2021 by L.L. No. 57-2021]

Other documentation. The applicant shall provide such other documentation or information requested by the Department.

[Added 9-14-2021 by L.L. No. 57-2021[2]]

[2]

Editor's Note: This local law also redesignated former Subsection B(5) as Subsection B(8).

(8)

Renewal of permit. An application for a renewal shall be on a form approved by the Department and shall be filed on or before the date set by the Department of Maritime Services. An application fee and permit fee as establishedd by the Town Board shall be payable as in the case of an original application.

[Amended 9-14-2021 by L.L. No. 57-2021]

Procedure upon application.

The Department shall determine whether a permit should be issued and shall notify the applicant within five (5) days of filing whether the application is granted or denied. In the event the application is granted, the permit shall be issued forthwith upon compliance with all applicable requirements. In the event the application is denied, notice of denial of a permit shall be given in writing by regular mail and addressed to the applicant at the address shown on the application. Such notice shall set forth the grounds for the denial and shall be final.

It shall be unlawful for any person to place or maintain a mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction, or to tie or secure a vessel or float or any other object to a mooring if a permit has been denied. Any mooring so placed and vessel or float so tied shall be impounded and stored by the Department of Maritime Services at the owner's expense. Any mooring, vessel or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance costs, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.

Denial of permit application; grounds. An application to place a mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction may be denied by the Department of Maritime Services under the following conditions:

[Amended 6-16-2020 by L.L. No. 18-2020; 9-14-2021 by L.L. No. 57-2021]

If fraud or a misrepresentation of a material fact is contained in the application for a permit; or

If, within five (5) years of the application date, the applicant has been found by the Bureau of Administrative Adjudication or a court of competent jurisdiction to have violated a provision of this chapter or of Chapter 137 of the Huntington Town Code, or of any rule, regulation or law of any village, state or federal agency having jurisdiction over navigation, or if a mooring permit has previously been revoked, except that a permit may be granted if, in the judgment of the Department, the person has since conducted himself or herself in a law-abiding manner and the issuance of a permit will not be contrary to the laws or rules of any agency having jurisdiction, or endanger the public peace or good order, or jeopardize the safety of other permit holders, their vessels, or public or private property; or

If, within five (5) years of the application date, the applicant has violated the conditions of a prior permit, or the provisions of this article or of any rule or regulation issued thereunder, or has knowingly disregarded or disobeyed a reasonable request or order of the Department or other town official; or

If, in the judgment of the Department, the issuance of a permit would jeopardize the safety of other permit holders, their vessels, or any public or private property; or create a nuisance or hazard; or jeopardize the use and enjoyment of surrounding properties; or disrupt the peace and order.

Term of permit. A mooring permit shall expire on December 15th of the year of issuance.

Acceptance of mooring permit or transient mooring permit. Acceptance of a mooring permit or transient mooring permit shall constitute an agreement by the permit holder that:

He or she will defend and hold the Town of Huntington and the Board of Trustees harmless from any claim, loss, damage, suit or judgment for property damage and/or personal injury, including death and reasonable attorney fees, that may arise from or in connection with the operation, tying, removal or disposal of the vessel or float, or the placing and maintenance of the mooring, and further agrees to fully reimburse the Town of Huntington and Board of Trustees for any damage caused to Town of Huntington or Board of Trustee property as a consequence of these activities; and

He or she agrees to be liable to the Town and Board of Trustees for any costs, expenses, charges, and losses incurred by the Town or Board of Trustees for the removal, impound, storage, disposal, and sale of any vessel or float that becomes unseaworthy, swamped, sunk, derelict or abandoned while tied to the mooring, and/or for the costs of removing or relocating the vessel, float, or mooring if it impedes or restricts navigation at the location.

The permit holder agrees to comply with the applicable laws, rules and regulations of any federal, state, town and/or village having jurisdiction over the anchoring and mooring of vessels and floats.

[Added 9-14-2021 by L.L. No. 57-2021]

Non-transferability of mooring permit or transient mooring permit. It shall be unlawful for a mooring permit or transient mooring permit to be assigned, sold or transferred by the holder. A mooring shall be utilized only by the vessel or float for which the permit is issued and a permit holder may not sublease the use of the mooring to another, with the exception of transient mooring permit holders. Any person who violates the provisions of this section shall be deemed to have committed an offense against this article.

Display of permit decals; identification of moorings.

Mooring permit decals shall be properly affixed to the port side of a boat's transom in a conspicuous place so as to be easily inspected. In the event the mooring is for a vessel other than a boat or for a float, then the decal shall be conspicuously placed for Town inspection.

All commercial entities, including but not limited to, marinas, yacht clubs, boating associations and boat yards placing moorings shall conspicuously mark all mooring balls or mooring floats under their control or under the control of their members with the name of the vessel owner, name of the vessel, or the name of the mooring installer so as to be easily identified from the surface of the water.

All individuals placing moorings shall conspicuously mark each mooring ball or mooring float under their control with the name of the vessel or the name of the owner so as to be easily identified from the surface of the water.

Any person or commercial entity who fails to properly mark a mooring ball or mooring float, or to affix a mooring permit decal to a vessel or float being moored as provided herein shall be in violation of this article. In addition to any penalties set forth in this article, any mooring, and any vessel or float tied thereto which is not in compliance may be impounded, stored and secured by the Department at the owner's expense.

Any vessel, float and/or mooring removed may be redeemed by the owner or person in-charge thereof upon proof of ownership, the presentation of a valid permit and the payment by credit card, certified or bank check, or money order of all reasonable costs, including but not limited to, the costs of removal, storage and maintenance of the vessel, float and mooring.

Regulations and restrictions.

Minimum standards for mooring vessels and floats:

[Amended 6-16-2020 by L.L. No. 18-2020]

Mooring*
Length at Waterline of Boat (feet)	Mushroom Anchor (pounds)	Diameter of Top Half of Chain (inches)	Diameter of Bottom Half of Chain (inches)	Buoy Diameter (inches)	Nylon Rope Diameter (inches)
15 to 19	100	5/16	3/8	15	1/2
20 to 24	150	5/16	3/8	15	1/2
25 to 29	200	3/8	3/8	15	3/4
30 to 34	300	3/8	1/2	15	3/4
35 to 39	350	3/8	1/2	15	3/4
40 to 44	400	1/2	5/8	18	3/4
45 to 49	500	1/2	5/8	18	1
50 to 54	550	5/8	3/4	24	1 1/4
55	700	5/8	3/4	24	1 1/2

* NOTES:

1. Shackles, swivels, etc., should be a size larger than the size of the chain.

2. All buoys must protrude at least twelve (12) inches above water.

3. All buoys shall have swivels located not more than half way down the rode.

4. All moorings must be removed or inspected annually.

5. All shackles must be safety wired and maintained.

6. All pennants shall consist of two lines for redundancy except in cases where a specialty high-strength pennant line is used and the vessel does not have an anchor installed at the bow.

No person shall tamper with or move any mooring not owned or under the control of such person unless under the direction of the Department.

No vessel or float shall be moored so that any portion of the vessel or float is within a channel; or closer than fifty (50) feet of a channel marker or designated public swimming area; or closer than one hundred (100) feet of a town dock, float or ramp; or at a location which impedes or restricts the swing of any vessel or float already moored; or in such location as to impede or create a hazard to navigation; or for any other reason that has the potential to harm life or property.

[Amended 6-16-2020 by L.L. No. 18-2020]

There shall be no less than fifty (50) feet between mooring buoys, unless otherwise approved by the Department.

If, in the judgment of the Department, a mooring, or any part of a vessel or float being moored, is placed or located so as to impede or create a hazard to navigation or to another vessel or float, or is closer than fifty (50) feet of another mooring, or within fifty (50) feet of a channel marker or designated swimming area, or within a channel, or within one hundred (100) feet of a town dock, float or ramp, or impedes the swing of any vessel or float already moored, or for any other reason has the potential to harm life or property, then in that event, the owner or person-in-charge of the mooring, float or vessel thereof shall be given three (3) days prior notice to remove and/or relocate the mooring, vessel or float by the Department. In the event of the failure, neglect or refusal to take corrective action within said three (3) day period, or any extension granted by the Department, then the Department is authorized to remove and/or relocate the mooring and vessel or float at the expense of the owner. Any vessel, float or mooring removed may be redeemed by the owner or person–in-charge thereof upon proof of ownership and the payment of all reasonable costs incurred by the Town of Huntington. Failure to pay the costs in full within ten (10) days of a request by the Town shall be cause for the immediate revocation of the permit by the Department.

Nothing contained in § 120-21(I)(5) shall prohibit the Department of Maritime Services from revoking the mooring permit at the expiration of three (3) days, or at the expiration of any extension granted by the Department, if no corrective action has been taken.

If, in the judgment of the Department, a mooring and/or vessel or float tied thereto severely impedes or severely restricts navigation, or is in such location so as to cause immediate and/or serious danger to life or property, the Department may immediately impound and/or relocate the mooring and/or vessel or float at the expense of the owner without providing such three (3) day prior notice. Any mooring, vessel or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order. Failure to pay the costs in full within ten (10) days of a request by the Town shall be cause for the immediate revocation of the permit by the Department.

[Amended 6-16-2020 by L.L. No. 18-2020]

Revocation of mooring permit; grounds. A permit to place a mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction may be revoked by the Director under the following conditions:

If fraud or a misrepresentation of a material fact is contained in the application for a permit; or

The permit holder, during the permit term, has been found by the Bureau of Administrative Adjudication or a court of competent jurisdiction to have violated a provision of this chapter or of Chapter 137 of the Code of the Town of Huntington, or of any rule, regulation or law of any village, state or federal agency having jurisdiction over navigation, except that a permit may be continued if, in the judgment of the Director, the person has since conducted himself or herself in a law-abiding manner and the continuation of a permit will not be contrary to the laws or rules of any agency having jurisdiction, or disturb the public peace or good order, or jeopardize the safety of other permit holders, their vessels or public or private property; or

[Amended 6-16-2020 by L.L. No. 18-2020; 9-14-2021 by L.L. No. 57-2021]

If the permit holder violates the conditions of the permit, or if any mooring for which a permit has been issued is being used in violation of this article or of any rule or regulation issued thereunder, or if the permit holder knowingly disregards or disobeys a reasonable request or order of the Department or other town official; or

(K)

Revocation procedure; hearing.

Notice of intention to revoke a mooring permit or transient mooring permit shall be mailed to the permit holder by the Department by regular and by certified mail, return receipt requested, to the address shown on the application, and by e-mail if known, with a copy to the Huntington Town Clerk and Town Attorney. The notice shall direct that remedial or other action be taken, if applicable, by the date specified in the notice or the permit may be revoked. Upon good cause shown to the satisfaction of the Department, the period for compliance may be extended where remedial measures have been started and the delay is not under the control of or due to the actions of the person to whom the notice has been issued.

[Amended 6-16-2020 by L.L. No. 18-2020]

Contents of notice. In the event the revocation of a permit is based upon conduct that cannot be remediated, the notice shall describe the vessel or float; the date, time, place and nature of the offense; and the date, time and place of the fact-finding hearing before an Administrative Hearing Officer. In all other cases, the notice of intention to revoke shall contain the following:

[Amended 6-16-2020 by L.L. No. 18-2020]

A description of the vessel or float.

The nature of the offense or reason for the proposed revocation.

A description of the remedial action which, if taken, will effectuate compliance with the notice.

A statement that the remediation or abatement must commence immediately upon receipt of the notice and completed within a specified date. A statement that if the remediation or abatement is completed to the satisfaction of the Department within such period, no hearing will occur and the permit will remain valid.

(f)

A statement that in the event of the failure to comply or appear for a hearing, the notice shall automatically become a final order of revocation.

Amendment, modification or withdrawal. The Department may amend, modify or withdraw any notice issued if the circumstances warrant such action provided the amended or modified notice is served as provided in (1) herein within ten (10) days of service of the original notice, and a hearing has not occurred.

[Amended 6-16-2020 by L.L. No. 18-2020]

At the hearing the permit holder may be represented by counsel and may submit such competent evidence as he or she deems advisable or necessary. The Hearing Officer shall submit his findings and recommendations to the Director. A copy of the Hearing Officer's report shall be filed with the Town Clerk and Town Attorney and mailed to the permit holder by regular and certified mail, return receipt requested, to the address shown on the application along with a statement that the permit holder has five (5) days from receipt of the report to submit to the Director his written objections thereto. The Director shall consider the applicant's written statement and the Hearing Officer's report, and may adopt or reject, in whole or in part any portion thereof as he or she deems advisable or necessary under the circumstances; and may thereafter revoke the permit, or withdraw the notice of intention to revoke with or without such terms and conditions as the Director establishes to protect the health, welfare and safety of the public, or to maintain the peace and good order. The decision of the Director shall be filed in the Office of the Town Clerk and Town Attorney and served upon the permit holder in the same manner as the report. The decision of the Director is final. If the permit is revoked, the fee paid for the mooring permit or transient mooring permit shall not be refunded.

[Amended 6-16-2020 by L.L. No. 18-2020]

It shall be unlawful for a person to allow a mooring to continue on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction, or to tie or continue to secure a vessel or float or any other object to a mooring if a mooring permit has been revoked. Any mooring, and any vessel or float attached thereto, which is not removed by the owner shall be impounded forthwith and stored by the Department at the expense of the owner. Any mooring, vessel, or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance, together with all other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.

The Director may establish such other rules and regulations, not inconsistent with this article, as he/she deems advisable and/or necessary to maintain the peace and good order or to safeguard the health, safety and welfare of the public and/or navigable waters.

(8)

No person shall knowingly refuse or neglect to obey any reasonable request or order of the Department or other town official.

(L)

Transient mooring permit.

[Amended 6-16-2020 by L.L. No. 18-2020]

Application; grounds for denial. Corporations and other business entities, including without limitation, commercial enterprises, yacht clubs, marinas, boating associations and commercial mooring installers may file an application for a transient mooring permit to accommodate the temporary berthing of a vessel or float. Transient mooring permits for residential use shall not be issued. The application shall be in a form approved by the Department and shall be filed with the Department. A non-refundable application and mooring fee in an amount established by the Town Board shall be paid at the time of application. The Department shall establish such procedures it deems necessary to process applications for transient mooring permits and may deny an application if, in the judgment of the Department, the issuance of a permit to the applicant would, because of the mooring's intended location or other reason, jeopardize the safety of permit holders, their vessels, floats, or public or private property; or impede or restrict safe navigation; or would create a hazard or danger; or would negatively impact or unduly disturb marine organisms and/or the underwater lands; or would jeopardize the peace and good order. An application may also be denied if, in the judgment of the Department, the location of the vessel or float does not comply with applicable village, town, federal, state or local environmental or safety laws, rules or regulations, or with the applicable laws, rules or regulations of any governmental agency having jurisdiction over navigation.

[Amended 9-14-2021 by L.L. No. 57-2021]

Conditions. Transient permits shall be issued by the Department on such terms and conditions it deems necessary.

Revocation. The Director may revoke a transient mooring permit if the permit holder or user of the mooring has knowingly disregarded or disobeyed a reasonable request or order of the Department or other town official, or conducts himself or herself in an unlawful manner or in such manner as to constitute a breach of the peace, or so as to be a menace or a hazard, or because of the size or location of the vessel or float moored thereat, or for other reasons that jeopardize the safety of other permit holders, their vessels, floats or public or private property, or impedes or restricts safe navigation, or negatively impacts or unduly disturbs marine organisms and/or the underwater lands, or the permit holder or user of the mooring does not comply with applicable village, town, federal, state or local environmental or safety laws, rules or regulations, or the applicable laws, rules or regulations of any governmental agency having jurisdiction over navigation. A revocation hearing shall occur as set forth in § 120-21(K).

[Amended 9-14-2021 by L.L. No. 57-2021]

Prohibition. It shall be unlawful for any person to place or maintain a transient mooring on the underwater lands over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction, or to tie or secure a vessel or float or any other object to a transient mooring if a transient mooring permit has been denied or revoked. Any mooring so placed or continued, and any vessel or float so tied shall be impounded and stored by the Department of Maritime Services at the owner's expense. Any mooring, vessel or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance costs, together with other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.

Marking of moorings. Holders of transient permits shall conspicuously mark each mooring ball being utilized with the organization, club, marina or association's name so as to be easily identified from the surface of the water. Any person who fails to properly mark a mooring ball as provided herein shall be in violation of this article. In addition to any penalties set forth in this article, any vessel or float tied or anchored to a mooring without such identification being displayed on the mooring shall be impounded, stored and secured by the Department at the owner's expense. Any mooring, vessel, or float that has been impounded may be redeemed upon proof of ownership and payment of the costs of removal, the impound fee, and storage and maintenance charges, together with all other incidental expenses incurred by the Town, by credit card, certified or bank check, or money order.

(M)

Authority of Department.

The Department may move any mooring placed on underwater lands over which the Town of Huntington and/ or the Board of Trustees have ownership or jurisdiction for the purpose of inspection, or for any reason set forth in § 120-21(I)(5) and (7).

[Amended 6-16-2020 by L.L. No. 18-2020]

In the event of a dispute between or among holders of mooring permits regarding the placement or location of moorings, the decision of the Senior Harbor Master shall be final and binding upon all the parties involved in the dispute.

The Director of Maritime Services may establish such other procedures and guidelines, not inconsistent with this article, as he/she deems advisable and/or necessary to maintain the peace and good order or to safeguard the health, safety and welfare of the public, public and private property, navigable waters, marine organisms, and/or the underwater lands.

[Amended 6-16-2020 by L.L. No. 18-2020]

It shall be unlawful for any person to knowingly refuse or neglect to obey any reasonable request or order of the Department of Maritime Services or other town official.

[Amended 6-16-2020 by L.L. No. 18-2020]

§ 120-22 Exemption.

[Amended 6-18-2019 by L.L. No. 28-2019]

Nothing contained in this article is intended to restrict or limit the ability of a peace officer or other member of the Department of Maritime Services, or the Incorporated Villages within the Town, or the Suffolk County Police Department, the United States Coast Guard or any state or federal agency having jurisdiction, to patrol or otherwise perform the duties of their office within the waterways over which the Town of Huntington and/or the Board of Trustees have ownership or jurisdiction.

§ 120-23 (Reserved)

§ 120-24 (Reserved)

§ 120-25 Fees.

[Added 2-1-2011 by L.L. No. 4-2011]

Impound and storage fees.

The owner or person-in-charge of any vessel, float or mooring impounded by the Department pursuant to this chapter shall be liable for an impound fee per float, vessel or mooring in an amount established by the Town Board from time to time. An impounded vessel or float shall be stored at a cost per foot as measured length overall for each day, or part thereof, a vessel or float is stored by the Director at town facilities. Moorings shall be stored at a cost per pound. These charges shall be established by the Town Board and are in addition to any other direct or incidental costs incurred by the Town. In the event it is necessary for the Director to retain the services of an outside vendor to render these services the impound fee shall be payable to the Town, and the owner or person-in-charge of the vessel, float or mooring shall be liable for the costs of hauling, transportation, and storage charged by the vendor.

[Amended 6-18-2019 by L.L. No. 28-2019; 6-16-2020 by L.L. No. 18-2020]

The owner or person-in-charge of a vessel, float or mooring which has been impounded shall be notified by the Department and directed to claim and remove the vessel, float or mooring from the storage facility within 24 hours of receipt of the notice. Where the vessel, float or mooring is stored at a town facility, failure to claim and remove the same within the time specified shall subject the owner or person-in-charge to a storage fee to be calculated from the expiration of the 24 hour period. Notice may be given by telephone, regular mail, or certified mail return receipt requested, and addressed to the last known address of the owner or person-in-charge, or through any other method deemed reasonable or necessary by the Director.

Relocation of moorings. The Town Board shall establish a per pound fee to be charged in the event a mooring is relocated.

[Amended 6-18-2019 by L.L. No. 28-2019]

§ 120-26 Penalties for Violations.

[Amended 6-18-2019 by L.L. No. 28-2019; 11-6-2019 by L.L. No. 56-2019]

For each violation of § 120-3(A) of this article, a fine of not less than five hundred ($500) dollars nor more than two thousand five hundred ($2,500) dollars, or by imprisonment for a period not to exceed thirty (30) days, or by both such fine and imprisonment, upon a conviction of a first offense; upon a conviction of a second or subsequent offense committed within five (5) years of the first offense, a fine of not less than one thousand ($1,000) dollars nor more than three thousand five hundred ($3,500) dollars, or by imprisonment for a period not to exceed six (6) months, or by both a fine and imprisonment. Each day a violation is caused or permitted to exist shall constitute a separate offense, punishable in like manner. Any person found by the Bureau of Administrative Adjudication to have violated § 120-3(A) of this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense, subsequent offenses and continuing offenses, respectively.

[Amended 9-14-2021 by L.L. No. 50-2021]

In addition to the penalties set forth above, the Town Attorney is authorized to pursue civil and equitable relief in the name of the Town in a court of competent jurisdiction, against any person violating § 120-3(A) of this article, including up to five thousand ($5,000.) dollars in civil penalties.

For each offense based on a violation of § 120-3(B) of this article, a fine of not less than two hundred fifty ($250) dollars nor more than one thousand ($1,000) dollars or imprisonment for a period not to exceed fifteen (15) days, or by both a fine and imprisonment. Any person found by the Bureau of Administrative Adjudication to have violated § 120-3(B) of this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein.

For a violation of § 120-7(C)(2) of this article, the penalties and/or punishment shall be the same as set forth in § 73-b of the New York State Navigation Law or other applicable law, and any amendment or successor law. In addition, the privilege to operate a vessel and the vessel registration may be suspended as set forth in § 45(7) of the New York State Navigation Law or other applicable law, and any amendment or successor law.

For a violation of § 120-7(G)(1) of this article, the penalties and/or punishment shall be as set forth in the applicable provisions of § 49-a of the New York State Navigation Law or other applicable law, and any amendment or successor law.

For a violation of § 120-7(G)(2) or (3) of this article, the penalties and/or punishment shall be as set forth in the applicable provisions of § 49-a of the New York State Navigation Law or other applicable law, and any amendment or successor law.

For each offense based on a violation of § 120-14(A) or (B) of this article, the punishment shall be a fine of not less than five hundred ($500) dollars nor more than two thousand five hundred ($2,500) dollars or imprisonment not exceeding three (3) months, or both such fine and imprisonment, at the discretion of the court. Any person found by the Bureau of Administrative Adjudication to have violated § 120-14(A) or (B) of this article shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein.

For a violation of § 120-16 of this article, the penalties and/or punishment shall be as set forth in the provisions of § 44 of the New York State Navigation Law, and any amendment or successor law, unless preempted or superseded by federal law, rules or regulations.

For each offense based on a violation of § 120-21(a)(1) or (2), (C)(2), (K)(6), and (L)(4) of this article, the punishment shall be a fine of not less than two hundred fifty ($250) dollars nor more than five hundred dollars ($500). Each day or part thereof the violation continues shall constitute a separate offense and shall be punishable in a like manner. Any person found by the Bureau of Administrative Adjudication to have violated any of these provisions shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein.

[Amended 9-14-2021 by L.L. No. 50-2021]