A.
Enforcement. The enforcing authority of Articles II through VI of this chapter shall be the Harbor Master, the enforcing authority of the Building Department, the members of the Village of Mamaroneck Police Department, the Police Bay Constables and any other official of the Village of Mamaroneck authorized to issue summonses and appearance tickets pursuant to Article 150 of the New York State Criminal Procedure Law.
B.
Penalties for offenses.
(1)
Any person, firm, association or corporation violating any of the
foregoing provisions of this chapter shall be guilty of an offense
and may, upon conviction, be punished by a fine not exceeding $250
or imprisonment not exceeding 15 days, or both, for each and every
day in violation.
(2)
In addition, any person who has been convicted of a violation of § 240-14D(3) or § 240-18B(9) herein shall have any current permits revoked and may not be permitted to apply for or to receive permits for two years.
(3)
Penalties for parking of vehicles in relation to use of the Harbor Island boat ramp and other permit parking areas designated in Harbor Island Park shall be subject to the enforcing authority as defined under § 240-25A, with further provisions as set forth under Chapter 326, Vehicles and Traffic, Article VI, and §§ 326-39 and 326-66.
C.
Appeals. The Village Manager of the Village of Mamaroneck shall be
empowered to hear and decide appeals from and review any order, requirement,
decision or determination made by the Harbor Master with respect to
the issuance or revocation of mooring tackle and buoy permits or municipal
dock permits as provided for in this chapter.
(1)
Request for hearing. Upon the denial of a permit by the Harbor Master
in connection with the issuance of a mooring tackle and buoy permit
or municipal dock permit, or upon the issuance of a notice of revocation
of any such permit, the aggrieved applicant may, within 10 days after
receiving written notice from the Harbor Master, file an appeal, in
writing, in the office of the Village Manager requesting a review
of any such determination by the Harbor Master. The Village Manager
shall hear and decide such appeals and may reverse or affirm, wholly
or partly, or may modify the determination appealed from and/or make
such determination and order which, in his or her opinion, should
be made under the circumstances.
(2)
Filing fee. Each request for a review of any order, requirement, decision or determination made by the Harbor Master with respect to the issuance or revocation of mooring tackle and buoy permits or municipal dock permits shall be accompanied by the required fee as set forth in Chapter A347, Fees.
(3)
Hearing. Upon receipt of a request for a hearing as provided above,
the Village Manager shall set a time and place for a hearing. Such
hearing shall commence no later than 30 days after the date on which
the request was filed, unless an extension of said time period is
agreed upon by both the Village Manager and the aggrieved party. Failure
by the Village Manager to commence said hearing within the above-specified
time period shall not be deemed to constitute approval of such request
if good and sufficient reason exists.
(4)
Conduct of hearing. The applicant or his representative shall be
given an opportunity to show cause why such decision by the Harbor
Master should be modified or withdrawn. The burden of proof in this
regard shall be upon said applicant or his representative, who shall
be required to demonstrate by a fair preponderance of the evidence
that the Harbor Master's decision should be withdrawn or modified.
(5)
Findings. Upon consideration of the evidence presented, the Village
Manager shall sustain, modify or revoke the Harbor Master's decision.
Any decision of the Village Manager to sustain, modify or revoke the
Harbor Master's decision shall be consistent with the Village's approved
Harbor Management plan and any other applicable law.
D.
Adoption of administrative regulations. In the event that administrative
regulations are required for the safe and efficient maintenance of
the harbor and related moorings and float facilities, the following
procedure shall apply:
(1)
Any proposed administrative regulation relative to Chapter 240 shall be submitted to and reviewed by the Harbor and Coastal Zone Management Commission, the Harbor Master, the Village Manager and the Village Attorney. Any comments by the Harbor and Coastal Zone Management Commission, the Harbor Master, the Village Manager or the Village Attorney shall be forwarded to the Village Board of Trustees for its review and consideration prior to the meeting at which the proposed regulations are considered for approval or disapproval by the Village Board of Trustees.
(2)
Any proposed administrative regulation relative to Chapter 240 shall be approved or disapproved by the Village Board of Trustees.
(3)
If proposed administrative regulations are approved by the Village
Board of Trustees, said regulation shall be posted in five designated
public places within the Village of Mamaroneck and shall be enforced
by the Harbor Master.
E.
Notwithstanding any provision in this chapter to the contrary, the prohibition on structures lying within a buffer area (or the prohibition on mooring of vessels at structures within a buffer area), shall not apply if the owner of the structure possesses the valid federal, state and Village permits that were required at the time of construction authorizing the structure in its present configuration. Any such structure accidentally damaged or destroyed by storm or other natural casualty may be repaired or reconstructed as provided for in § 240-21 above.
