[HISTORY: Adopted by the Town Board of the
Town of Shelter Island 7-19-1985. Amendments noted where applicable.]
This chapter shall be known as the "Waterways
Ordinance of the Town of Shelter Island."
A.
The Town Board of the Town of Shelter Island finds
that the increasing and continuing use of the waterways in and around
Shelter Island and, in particular, anchoring in the harbors, bays
and creeks by boats and vessels operated by nonresidents has resulted
in discharge and pollution and has caused and is causing the contamination
of fish spawning areas, is reducing the shellfish population relied
upon as a source of income by many residents and is eroding a vital
economic and recreational asset for existing and future residents
of the Town of Shelter Island.
B.
It is the intent of this chapter to protect the underwater
lands of the Town and minimize the harm occurring to fish and other
marine and aquatic life, as well as to reduce pollution and otherwise
project the limited and nonreplenishable resources offered by the
waterways of the Town.
C.
Therefore, the Town Board declares that the regulation
of the waterways of the Town of Shelter Island and the establishment
of transient anchoring areas is essential to the health, safety and
welfare of the people of the Town of Shelter Island.
[Amended 6-23-2006 by L.L. No. 8-2006]
The following rules and regulations shall apply
to the anchoring of boats owned or operated by nonresidents in waters
within the Town of Shelter Island as designated by the Town Board
but shall not apply to waters within or bounding an incorporated village
of the Town to a distance of 1,500 feet from shore.
As used in this chapter, the following terms
shall have the meanings indicated:
The attachment of, or to attach, a boat or vessel to the
ground or bottom by means of tackle so designed that, when such attachment
is terminated, the tackle in its entirety is removed from the ground
or bottom and taken under the control of the boat or vessel or by
maintaining a constant position by use of any dynamic positioning
system for more than 15 minutes.
[Amended 8-29-2023 by L.L. No. 9-2023]
Those portions of Shelter Island waters which shall be designated
as such by the Town Board of Shelter Island.
Includes every description of watercraft or other contrivance
used on or capable of being used as a means of transportation in water
and in air, and shall be deemed to include any airplane capable of
landing on water. The use of the term "boat" shall include the term
"vessel," and "vessel" shall include "boat."
Any structure, raft, or floating platform which is designed
to float upon the surface of a water body.
[Added 6-23-2006 by L.L. No. 8-2006]
The West Neck System inshore of a line from the end of Shell
Beach to Heron Lane; Coecles Harbor inshore of a line from Sungic
Point to Reel Point; Dering Harbor inshore of a line from Dering Point
to Chequit Point.
[Added 6-23-2006 by L.L. No. 8-2006]
Any person, whether owner or operator and whether an individual,
firm, partnership, corporation, company, association or organization,
who or which is not a resident as hereinafter defined.
Any person who is navigating or directing the operation of
a boat or vessel.
Includes the person under whose name a boat (vessel) was
last registered with the State of New York or the United States Coast
Guard; in any other case, the last known owner, or the person who
claims lawful possession of such vessel by virtue of legal title or
equitable interest therein which entitles him to such possession.
A float covered by a dock certificate of compliance from
Shelter Island, or a boat regularly tied to either a dock or to a
mooring which has a Town permit.
[Added 6-23-2006 by L.L. No. 8-2006]
Any owner of real property within the Town of Shelter Island
or any person who resides in the Town of Shelter Island pursuant to
a six-month or longer rental agreement. The immediate family (spouse
or children) of residents, as defined above, shall also be deemed
to be residents.
[Amended 6-23-2006 by L.L. No. 8-2006]
Those portions of Shelter Island waters which shall be designated
as such by the Town Board of Shelter Island.
[Added 6-23-2006 by L.L. No. 8-2006]
[Amended 6-23-2006 by L.L. No. 8-2006]
A.
Nonresidents:
(1)
Between May 15 and September 15 in each year, a nonresident shall
not anchor a boat in the inland waters except in the transient anchoring
areas in Coecles Harbor and West Neck Harbor designated by the Town
Board as a transient anchoring area.
[Amended 2-7-2014 by L.L. No. 1-2014]
(2)
Between May 15 and September 15 in each year, a nonresident
shall not anchor a boat in any transient anchoring area for more than
48 hours in any seventy-two-hour period. In addition, boats shall
not be rafted overnight in transient anchoring areas.
(3)
Between September 15 and May 15 of the following year,
a nonresident shall not anchor a boat in any area except a transient
anchoring area for a maximum of three consecutive days.
B.
Residents:
(1)
Between May 15 and September 15 in each year, a resident
shall not anchor a boat in the inland waters for more than four consecutive
days. Boats shall not be anchored in gridded mooring fields in any
of the Shelter Island harbors.
(2)
Between September 15 and May 15 of the following year,
the permitted boat or float of a resident may be anchored in inland
waters only in a location which is not a hazard to navigation or other
boats or properties.
C.
No anchoring
at any time.
[Added 6-15-2010 by L.L. No. 7-2010]
(1)
No
person may anchor a boat in an area off the Crescent Beach bathing
area, as specifically shown on a chart duly adopted by the Town Board
of Shelter Island and amended from time to time by resolution, which
is annexed hereto and is made a part hereof. A copy of the chart shall
be kept in the office of the Town Clerk.
[Amended 6-23-2006 by L.L. No. 8-2006]
A chart, duly adopted by the Town Board of Shelter
Island, showing anchoring areas in the waters of Coecles Harbor and
West Neck Creek is annexed hereto and is made a part hereof. A copy
of the chart shall be kept in the office of the Town Clerk.
[Added 10-11-2013 by L.L. No. 7-2013]
No person may tie up to a private or commercial mooring or dock
without specific, prior approval of the owner, except in an emergency,
and then only for the reasonable duration necessary to effect repairs
or remedy the emergency.
The Town Board may, from time to time, designate
by ordinance additional authorized anchoring areas, which shall be
marked by suitable buoys or markers.
A.
A violation of this chapter shall be deemed an offense
and shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both such fine and imprisonment.
B.
When a violation of this chapter is continuous, each
24 hours thereof shall constitute a separate and distinct violation.
C.
Any vessel anchored in violation of these rules may
be removed by the Shelter Island Town Police. The expense of removal
constitutes a maritime lien against the vessel, and it may be proceeded
against in rem for costs plus interest at the prevailing rate.
