[Amended 7-19-1980 by L.L. No. 4-1980; 4-26-1986 by L.L. No.
2-1986; 1-23-1988 by L.L. No. 2-1988; 5-28-1988 by L.L. No. 4-1988; 10-22-1988 by L.L. No. 6-1988; 8-10-1996 by L.L. No. 10-1996; 5-9-1998 by L.L. No. 6-1998; 5-31-2003 by L.L. No. 2-2003; 3-19-2022 by L.L. No. 2-2022]
It is hereby declared to be the policy of the
Village Board of Trustees to regulate charter boats, water taxis and
water limos landing and picking up or discharging passengers within
the Incorporated Village of Ocean Beach or along the shoreline thereof
or within 1,500 feet of the shoreline thereof or any place in the
water above where the bay bottom is owned and/or leased by the Village
in order to ensure the safety of the inhabitants of the Village and
to avoid overuse of Village facilities and to prevent interference
with the authorized ferry schedule of the Village, the preservation
of which is necessary for the well-being of the Village's inhabitants.
As used in this article, the following terms
shall have the meanings indicated:
A watercraft for hire with legal capacity, as defined by
the United States Coast Guard, of more than 25 persons, either on
a scheduled or unscheduled run, including a party boat but excluding
watercraft owned by any person providing regular ferry service to
the incorporated Village of Ocean Beach pursuant to a valid contract
with the Village.
Any person who owns, controls, navigates, directs or supervises
a water taxi or charter boat.
A vessel used or capable of being used as a means of transportation
in, over or upon water, including nondisplacement craft.
A water taxi the capacity of which is limited to eight persons
and which is limited to making 10 landings per day at a Village dock.
A watercraft for hire with legal capacity of no more than
37 persons, either on a scheduled or unscheduled run, but excluding
watercraft owned by any person providing regular ferry service to
the Incorporated Village of Ocean Beach pursuant to a valid contract
with the Village.
No person shall operate a water taxi, water
limo or charter boat within the Incorporated Village of Ocean Beach
or along the shoreline thereof or within 1,500 feet of the shoreline
thereof or any place in the water above where the bay bottom is owned
and/or leased by the Village without first having obtained a license
therefor issued by the Village Clerk after the approval thereof by
the Board of Trustees of the Village. No license shall be issued hereunder
unless the applicant complies with the provisions of this article.
A.
Applications for licenses to operate a charter boat, water taxi, or water limo within the Incorporated Village of Ocean Beach or its shoreline or within 1,500 feet thereof or any place in the water above where the bay bottom is owned and/or leased by the Village shall be made to the Board of Trustees on any form as may be promulgated by the Board requesting such information as the Board may deem appropriate. Said application shall be accompanied by the fees set forth in § 106-6 hereof, all insurance certificates required in § 106-10 hereof and all Coast Guard licenses and inspection certificates required by § 106-8 hereof.
B.
Applications for permission to operate a water taxi
or water limo shall be made on or before December 31 of the calendar
year prior to the calendar year for which a license is sought or at
least 60 days prior to any landing or docking for the purpose of discharging
or picking up passengers. Applications for permission to operate a
charter boat shall be made at least 30 days prior to the day for which
permission is sought. The time provisions for application may be waived
by the Board of Trustees in its sole discretion at the time of any
public hearing regarding any application.
A.
Time for approvals. The Board of Trustees shall hold a public hearing upon an application under § 106-4 hereof at least 30 days before the date sought for permission. This time period may be waived by the Board of Trustees in its sole discretion.
B.
Considerations and conditions for approvals. In determining whether to grant or deny a license, the Board of Trustees shall consider, in addition to the requirements of this article, the convenience, safety and health of the inhabitants of the Village, the effect upon the licensed ferry service of the Village, whether permission for landing of the charter boat, water taxi, or water limo serves the public interest, the extent to which the facilities and services of the Village may be burdened, the safety of the proposed landing site, the time of the landing in conjunction with the above factors and any other factor or factors which are reasonable in the judgment of the Board of Trustees. The Board of Trustees may condition its approval of a license hereunder upon any factors it considers reasonable, including but not limited to strict compliance with permitted hours of operation as set forth in § 106-11B and C herein and upon compliance with such rules and regulations that the Board may, from time to time, adopt after a public hearing thereon. Failure to comply with such permitted hours of operation may be cause for the revocation of a license by the Board of Trustees after a public hearing upon at least five days' written notice to the operator of a charter boat, water taxi or water limo. The operator of a charter boat, water taxi or water limo and any person permitting the landing of either at or upon his property shall be responsible for making reasonable efforts to ensure that no persons who are disorderly are permitted to disembark within the Village.
A.
Fees for license applications for a charter boat,
water taxi or water limo shall be paid upon the filing of the application
and shall be nonrefundable.
B.
Fees for landing a charter boat shall be determined
as a "per landing" fee and shall be paid in full upon filing the request
for permission to land. In the event the request to land a charter
boat is denied, the fee for landing shall be refunded.
C.
Fees for landing a water taxi or water limo shall
be determined as an annual fee and shall be paid in full upon the
approval of permission to land.
D.
Fees referred to in this chapter may be set and amended
from time to time by resolution of the Board of Trustees. For water
taxis and water limos, the Board of Trustees, or its designee, shall
determine the amount of dock space (linear footage) that is required
for each applicant, taking into account the applicant's past usage
(if any) and the number of water taxis and/or water limos owned/operated
by the applicant. In determining the proper linear footage for applicants,
the Board of Trustees shall consider any factors to maximize safety
in the water and on the dock, including designating "no landing zones"
on the dock. The Board of Trustees shall take into account, inter
alia, the differences in service, capacity and frequency of landings
when setting landing fees for charter boats, water taxis and water
limos. Fees for charter boats, water taxis and water limos shall be
set "per linear foot" granted and assigned to each applicant.
[Amended 4-1-2023 by L.L. No. 2-2023]
A license granted by the Board of Trustees pursuant
to the provisions of this chapter may be suspended by the Mayor and/or
Village Administrator in the event of a hazardous or dangerous violation
of the provisions of this chapter. Such suspension shall be effective
for a period not to exceed 15 days. A license may be revoked by the
Board of Trustees in the event of a hazardous or dangerous violation
of the provisions of this chapter after a public hearing upon at least
five days' prior written notice to the operator of a charter boat,
water taxi or water limo.
Each water taxi, water limo or charter boat
landing or docking and/or discharging or picking up passengers within
the Incorporated Village of Ocean Beach or its shoreline or within
1,500 feet thereof or any place in the water above where the bay bottom
is owned and/or leased by the Village shall be inspected according
to the rules of the United States Coast Guard and shall have in effect
at all such license or licenses as the Coast Guard may require and
shall also meet all other requirements of law.
The operator of a water taxi, water limo or
charter boat, by applying for a license from the Board of Trustees,
grants permission to the Police Department of the Village of Ocean
Beach to board the vessel or vessels at any time and/or location to
determine whether the vessel is in compliance with this article and
any other applicable articles, sections, ordinances or local laws
of the Incorporated Village of Ocean Beach, laws of the State of New
York, the United States Code and any rules or regulations promulgated
by any body or agency pursuant thereto and with the requirements of
the United States Coast Guard.
Any operator of a water taxi, water limo or
charter boat which seeks a license hereunder shall provide and at
all times thereafter maintain liability coverage in the amount of
$1,000,000 and property insurance coverage in the amount of $50,000
per occurrence, written by insurance companies either licensed by
the Department of Insurance of the State of New York or otherwise
lawfully offering insurance within the State of New York, protecting
against loss or damage to person or property occasioned by the operation
of any such water taxi, water limo or charter boat. Upon request of
the Board of Trustees, there shall be filed with the Village Clerk
a certificate showing that said is in force and effect. Failure to
file such certificate within seven days of such request shall result
in forfeiture or revocation of any licenses or permissions granted
herein. In every policy of insurance required hereby, the Incorporated
Village of Ocean Beach shall be named as an insured, together with
the operator of the vessel. Such requirement shall in no manner be
deemed an admission of any liability on the part of the Village. The
limits of liability of said insurance requirements may be increased
by the Board of Trustees after a public hearing.
A.
No charter boat, water taxi or water limo may land
unless there has been compliance with this article and unless the
Board of Trustees finds that approval shall be granted.
B.
To the extent permitted by this article, no charter boat, water taxi or water limo shall be permitted to land or dock and/or pick up or discharge passengers between the hours of 3:00 p.m. on Thursday and 8:00 a.m. on Monday during the months of June, July, August or September, except those boats picking up passengers in Ocean Beach and returning said passengers to Ocean Beach which have received permission hereunder. Each license for a charter boat shall set forth specifically the permitted time for the arrival and departure of the charter boat. Water taxis and water limos with licenses shall be governed as to the times for landing and/or docking by the times, if any, specified in the applicable water taxi or water limo license and/or permit and Subsection C hereof.
C.
The Board of Trustees may, from time to time, establish
hours for permitted landings or departures of water taxis and water
limos, and specify locations for landings.
D.
Notwithstanding the foregoing, charter boats water
taxis and water limos shall be permitted to land or dock and/or pick
up or discharge passengers during any otherwise prohibited time of
day in the event of an emergency and pursuant to the direction of
the Mayor or Chief of Police of the Incorporated Village of Ocean
Beach or such other persons as may be authorized by the Village Board
to permit such landing or docking or pickup or discharge of passengers.
E.
Determination of landing of vessels. The Board of
Trustees shall have exclusive authority over the landing of vessels;
however, the Board of Trustees hereby delegates its authority as aforestated
except as to ferry service, water taxi and water limo service, except
as otherwise provided heretofore, as follows:
(1)
The Mayor and the Village Administrator shall have
the initial authority to permit and/or approve the landing of vessels
upon such terms and conditions as the Village Administrator shall
deem proper and reasonable, including but not limited to providing
insurance coverage to the Village, determination of dates and times
of landing and the terms and conditions of landing.
(2)
All applications for landings shall be in writing
and filed with the Village Clerk at least 14 days prior to the requested
usage, on forms to be supplied by the Village Clerk, and shall be
kept on file by the Village Clerk from the time of receipt and for
at least one year thereafter or such longer time as may be required
by this Code or any other statute.
(3)
In the event that the use is approved, the application
form shall be signed by the Mayor and Village Administrator, and the
terms and conditions of landing shall be attached or endorsed thereon
and a copy provided to the applicant.
(4)
Any member of the Board of Trustees shall have the
right to place the issuance of approval on the agenda at the next
Board of Trustees meeting, at which time the approval of landing shall
be subject to confirmation, rejection or modification.
(5)
Any applicant shall have the right, in the event that
the applicant's request, in writing, filed with the Village Clerk
at least 10 days prior to the Board of Trustees at which review is
sought, is rejected or the conditions imposed are sought to be modified,
to make a request that the permit application be placed upon the agenda
of the Board of Trustees at the next meeting thereof and that the
Board of Trustees approve the application or modify the permit. The
Board of Trustees shall have the right, by majority vote of a quorum
present and voting, to entertain the application or approve the application
or modify the license or reject the application in whole or in part.
F.
Licenses.
(1)
A license shall be issued by the Village Administrator
only, based upon the foregoing procedure for the landing of vessels,
based upon the foregoing provisions, which license shall be in writing
and shall constitute the signatures of the Mayor and Village Administrator
indicating approval upon the application together with the terms and
conditions of approval annexed to the initial application.
(2)
Any rejection of an application shall be indicated
upon the initial application by the signatures of the Mayor and the
Village Administrator.
