Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 3.
Amusements — See Ch. 4.
Beaches — See Ch. 9.
Noise control — See Ch. 50.
Wooden public walks — See Ch. 83.
This chapter shall be known and may be cited as the "Town Park Local Law of the Town of Brookhaven" or as "Chapter 10 of the Local Laws of the Town of Brookhaven of the Year 1975."
As used in this chapter, the following terms shall have the meanings indicated:
PARK or PARKS
Includes all parks, playgrounds, athletic fields, swimming pools, beaches, boardwalks, marinas and any and all recreation areas under the ownership and jurisdiction of the Town of Brookhaven, its Town Board or the Trustees of the Freeholders and Commonalty of the Town of Brookhaven supervised by the Commissioner of the Department of Parks, Recreation and Human Resources and any other duly designated Town officials and such other rights and appurtenances whether the same be now or hereafter owned or acquired by the Town of Brookhaven in fee or otherwise, including all land under and space above the surface of the ground.
TOWN BOARD
The Town Board of the Town of Brookhaven.
TRUSTEES
The Trustees of the Freeholders and Commonalty of the Town of Brookhaven.
Town parks shall be used by residents and/or owners of taxable real property and nonresidents as authorized in the Town of Brookhaven, who shall be required to obtain a sticker, suitable pass or permission for the specific facility as the Town Board or Trustees direct, which shall be issued by the agency in the Town of Brookhaven so designated by the Town Board or Trustees. A resident of the Town of Brookhaven is a person who resides in the Town of Brookhaven and/or owns real property in the Town of Brookhaven. Nonresidents and guests of residents or taxpayers may be admitted to parks and park areas pursuant to regulations issued by the Town Board or Trustees.
A. 
The park shall be opened and closed at the time and hour designated by the Town Board, Trustees or their duly designated representatives. No person shall use the park at a time and/or hour other than that designated by the Town Board or Trustees, and the use of the parks at a time and/or hour other than that designated by the Town Board or Trustees is hereby prohibited. Opening and closing time for the various facilities shall be posted for the convenience of the public.
B. 
No overnight parking, housing or camping shall be allowed unless specifically authorized in advance by the Town Board, Trustees or designated representatives in accordance with their regulations.
A permit to do any act shall authorize the same only insofar as it may be performed in strict accordance with the terms and conditions of said permit. Applications for all permits and identification tags shall be made to the agency designated by the Town Board or Trustees.
No person shall make use of or gain admittance to or attempt to use or gain admittance to the facilities of a Town park facility for the use of which a charge is made by the Town Board or Trustees unless he shall pay the charge or fee as fixed by the Town Board or Trustees.
The Town will not be responsible for loss, damage or theft to cars and their contents, to private property or to contents of lockers or cabanas. Such loss, whether inside of buildings or on the grounds of the park, shall be the patron's responsibility.
No person shall bathe, wade or swim in any waters of any park except at such times and places as the Town Board, Trustees or their designated representatives may designate. Such designated bathing areas shall be kept free from any form of boat, water equipment or other floating object or any other form of device that may cause inconvenience or discomfort to bathers, except such equipment as authorized by the Town Board, Trustees or their authorized representatives.
The Town Board, Trustees or designated representatives shall define the areas to be occupied and regulate the use of recreation facilities so as to prevent congestion, and their representatives shall distribute patrons of the parks over the park areas in order to ensure the maximum use on behalf of the comfort of said patrons. All organized picnics and outings shall first obtain a special permit from the Commissioner of Parks, Recreation and Human Resources.
No person shall erect any structure, stand or platform, hold any meeting, perform any ceremony, make a speech or address, exhibit any performance or form any parade or procession in any park without prior permission of the Town Board, Trustees or their designated representatives.
Fishing is prohibited in any park during the bathing season except in areas specifically designated therefor and in accordance with the rules and regulations set therefor by the Town Board, Trustees or their designated representatives.
No person shall kindle, build, maintain or use a fire anywhere within the park, except in fireplaces provided for the purpose or in charcoal burners as provided or under special permit. Any fire shall be continuously under the care and direction of a competent person over 21 years of age from the time it is kindled until it is extinguished, and no fire shall be built within 10 feet of any tree or building, beneath the branches of any trees, in any underbrush or in any marina. No person shall throw away or discard any lighted match, cigar or cigarette within, in or against any building, structure, boat, car, vehicle or enclosure or under any tree or in underbrush or grass, unless it is to deposit the same in a suitable container provided for the reception thereof.
No person shall throw or use any type of ball, bean bag or other object or play any ball game, except in such places designated for such use, or engage in toy aviation, kite flying or model boating, except in similarly designated locations.
No person shall tent or camp or erect or maintain a tent, shelter or camp in any park unless authorized by permit by the Town Board, Trustees or their designated representatives.
No person owning or being custodian of any animal shall cause or permit such animal to enter the parks designated as beaches, pools and marinas unless authorized by permit by the Town Board, Trustees or their designated representatives. In all parks, if dogs are permitted by regulation, they shall be kept on a leash.
[Added 10-16-2007 by L.L. No. 20-2007, effective 10-22-2007]
A. 
A designated park area where dog owners may be permitted to allow their dog access to such park areas without being kept on a leash.
B. 
The Commissioner of Parks, Recreation and Sports, and Cultural Resources is authorized to promulgate written rules and regulations, subject to Town Board approval, for the use of a Town-designated dog park; such rules and regulations shall be posted at the dog park entrance. The failure to comply with such rules and regulations shall be deemed a violation of this chapter.
C. 
No dog shall be permitted to enter a Town-designated dog park without the owner obtaining the required permit from the Town Clerk's office.
No person shall solicit alms or contributions for any purpose in any park. No person shall post, distribute, cast or leave about any bills, placards, tickets, handbills, circulars, advertisements or any other matter for any advertising purposes.
No person shall take into, carry through, leave in, throw, lay, drop or discharge into or on the park any glass products, metal cans, refuse, garbage, rubbish or waste. Papers, cartons or any other type of litter must be placed in receptacles provided for that purpose.
No person shall injure, deface, displace, remove, fill in, raise, destroy or tamper with any drive, path or walk; take up, remove or carry away trees, shrubs, turf or any material or substance; or remove or destroy any structure, building or any appurtenances connected with the park or any other property or equipment, real or personal, owned by the Town of Brookhaven or under the jurisdiction and control of the Town Board of Trustees.
All Town of Brookhaven local laws and state vehicle and traffic statutes regarding traffic and motor vehicles shall form or constitute a part of this chapter. However, such additional directions for traffic and motor vehicles as may be posted on signs shall be regarded as part of this chapter for traffic control in parking areas, and all persons shall comply with the directions of the park attendants at all parks. The speed limit through all park areas shall be 10 miles per hour. In specific areas designated by the Town Board, Trustees or their designated representatives, vehicles parked in violation of regulations posted shall subject the vehicles to being towed away at the owner's expense and redeemed by the owner of said vehicle at a cost of $50, plus $5 a day for storage charges.
[Added 12-18-2007 by L.L. No. 29-2007, effective 12-24-2007]
A. 
Town of Brookhaven North Parking Lot, Farmingville, New York:
(1) 
Parking only for persons having business in Town Hall, Monday through Friday, 7:00 a.m. to 6:00 p.m.
(2) 
Parking for Glacier Ridge Park: no overnight parking without authorization.
(3) 
Violators subject to ticket and tow.
(4) 
Authority: Town of Brookhaven Uniformed Traffic Code Article VIII, Section 36.
B. 
Town of Brookhaven South Parking Lot, Farmingville, New York:
(1) 
Parking only for persons having business in Town Hall, Monday through Friday, 7:00 a.m. to 6:00 p.m.
(2) 
No overnight parking without authorization.
(3) 
Violators subject to ticket and tow.
(4) 
Authority: Town of Brookhaven Uniformed Traffic Code Article VIII, Section 36.
C. 
Town of Brookhaven East Parking Lot, Farmingville, New York:
(1) 
Parking only for persons having business in Town Hall, Monday through Friday, 7:00 a.m. to 6:00 p.m.
(2) 
No overnight parking without authorization.
(3) 
Violators subject to ticket and tow.
(4) 
Authority: Town of Brookhaven Uniformed Traffic Code Article VIII, Section 36.
In areas designated as bicycle paths, all means of transportation by engine are strictly prohibited except for law enforcement officials or Town representatives supervising the bicycle areas.
A. 
No person shall, without a permit, do any of the following things: sell or offer for sale, hire, lease or let out any object or merchandise or any thing or service, whether corporeal or incorporeal.
B. 
No person, with or without a permit, shall sell or offer for sale or purchase or offer to purchase any such object, merchandise, thing or service, except in areas which have been specifically designated for such purposes by the Town Board, Trustees or their authorized representatives.
No person shall bring into or have in said park any explosives, including any substance, compound, mixture or article having properties of such a character that, alone or in combination or contiguity with other substances or compounds, may decompose suddenly and generate sufficient heat, gas or pressure, or any or all of them, to produce rapid flame or combustion or administer a destructive blow to surrounding objects.
[Amended 6-20-1989 by L.L. No. 20-1989; effective 6-26-1989]
A. 
No person shall have or carry, whether or not concealed upon his person, any pistol or revolver, any instrument or weapon commonly known as a "toy pistol," any instrument or weapon in which or upon which loaded or blank cartridges may be used or any loaded or blank cartridges or ammunition therefor, except when so authorized by law. No person shall bring into the park or onto Town-operated property, or onto property under the Town's control nor have in his possession therein any rifle, shotgun or fowling piece or any air gun, spring gun or other instrument or weapon in which the propelling force is a spring or air, unless duly authorized by the Town Board or Trustees or unless in a park area set aside as a rifle and pistol range. In an area designated as a rifle and pistol range, use of firearms shall be subject to the rules and regulations of the range master.
B. 
No person, except in the performance of official duties, shall discharge a firearm, air gun, spring gun or other instrument or weapon in the park or on Town-owned property or on property under the Town's control, or in such a manner that a projectile enters or is likely to enter the park, the Town-owned property or the property under the Town's control, unless authorized by the Town Board or Trustees or unless in a park area set aside as a rifle and pistol range.
C. 
Waterfowl hunters, duly licensed by and meeting the requirements and regulations of the New York State Department of Environmental Conservation and any applicable federal regulations, shall be permitted to access Town property adjacent to authorized hunting areas, during the open season for waterfowl hunting, for the purposes of access to authorized hunting areas. Shotguns and any other instruments or weapons used for the purposes of waterfowl hunting by such individuals shall be unloaded and encased while on Town property.
[Added 12-18-2007 by L.L. No. 28-2007, effective 12-24-2007]
No person shall loiter or remain within a park or any area thereof, in a vehicle or otherwise, after the posted closing hour or time of day for closing of such park area without general or special permission.
No boats or vessels propelled other than by hand shall cruise or be operated within 100 feet of any lifelines or bathing floats or, if there are no lifelines or bathing floats, then within 150 feet of any public or semipublic beach regularly used for bathing or swimming; nor shall such boat or vessel cruise or be operated in excess of six miles per hour within 50 feet of any person bathing or swimming, except at inlets or where a channel approaches the shoreline closer than the distances hereinabove set forth.
No person shall voluntarily bring, land or cause to descend or alight within or upon any park any airplane, flying machine, balloon, parachute or other apparatus for aviation. The term "voluntarily," in this connection, will mean anything other than a forced landing.
No person shall use, ride or drive a horse except to, from or along a bridle path established as such by the Town of Brookhaven. Any such horse shall be well broken and constantly held in such control that it may be easily and quickly stopped. No person shall permit any horse owned by him or in his care or custody to be left unbridled or unattended in an unenclosed space without being securely fastened. Reckless driving or riding on bridle paths is prohibited. Bridle paths shall not be used after 1/2 hour after sunset or before 1/2 hour before sunrise.
No person shall use roller skates, except at such times and upon such places as may be designated therefor, or skate, sled, walk or go upon any ice, or snowshoe or ski, except at such times and upon such places as may be designated therefor and until such ice is declared by representatives of the Town Board or Trustees to be in a safe condition therefor; nor will towing of persons on skis, sleds, skates, etc., be allowed.
[Amended 12-15-1987 by L.L. No. 34-1987]
A. 
Permits.
(1) 
It shall be unlawful for any person to permit or allow any boat to be anchored, moored, tied or otherwise confined in or at a Town marina or designated mooring area without a valid permit.
(2) 
Any boat anchored, moored, tied or otherwise confined in or at a Town marina or designated mooring area without a valid permit may be removed and stored at a suitable place by the Town at the owner's expense.
B. 
Slips and dock space. Seasonal slips and dock space shall be assigned to permittees hereunder by the Town Clerk and transient permittees by the Commissioner of Parks, Recreation and Human Resources, hereinafter referred to as the "Commissioner," as hereafter provided.
C. 
Designation of seasonal and transient berths and mooring areas. The Commissioner shall designate which slips and mooring areas shall be available for seasonal and transient use and shall prepare a report of available seasonal slips for the Town Clerk prior to the date set hereunder for issuance of such seasonal permits for each year.
D. 
Town marinas.
(1) 
For the purposes of this section, the term "Town marinas" shall include the following marina and launch ramp locations:
(a) 
Port Jefferson Marina.
(b) 
Mount Sinai Marina.
(c) 
Corey Creek Marina.
(d) 
Sandspit Marina.
(e) 
Forge River Marina.
(f) 
Great Gun Marina.
(g) 
Davis Park Marina.
(h) 
Stony Brook Ramp.
(i) 
Pine Neck Marina.
(j) 
Maple Avenue Ramp.
(k) 
Nevele Park.
(l) 
Any other marinas, launch ramp facilities or mooring areas which shall exist or which from time to time shall be designated, constructed or acquired by the Town.
(2) 
Town mooring areas. For purposes of this section, the term "Town mooring area" shall include Mount Sinai Harbor.
E. 
Application for marina and mooring permits; issuance; expiration.
(1) 
Summer permit. Any resident who is the owner of a private pleasure boat shall be entitled to make application for a permit to tie, moor or dock said boat to the dockage facilities at a Town marina. Such permits shall be issued in the order in which received by the Town Clerk or his designee and s/he shall assign the permit holder to a specific berth. In addition, the Town Clerk is hereby authorized to temporarily reassign berths as s/he deems necessary and/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 Town Clerk may pass over said applicant and assign the berth to the next following applicant on the list whose boat may be accommodated by that particular slip or, at the Town Clerk's discretion, may offer said slip simultaneously and in writing to the entire waiting list and issue said permit according to the order in which said wait list applicants responses are received.
[Amended 12-7-1999 by L.L. No. 13-1999, effective 12-10-1999]
(a) 
Application. Such application shall be on the form furnished by the Town Clerk and shall set forth the registration number, if any, the name of the boat, the manufacturer's name, the overall length and beam of such boat for which the permit is applied, the date of such application, the name and address of the owner and the age of the owner. In the event that the boat is documented by the United States Coast Guard, a photocopy of the current documentation papers shall be supplied. The Town Clerk shall have the right to reject any application if the boat is not registered within the United States or documented by the Coast Guard.
(b) 
Expiration. Such permit shall be effective on the second Saturday in May of each year and shall expire on the first Sunday in November of the year for which it is issued. Renewal applications must be filed on or before the date set by the Town Clerk. In the event that such application for renewal is not filed on or before said date, the slip shall be available to the next applicant in the order in which the applications for such permits are received. The Town Clerk shall have the right to vary the dates during which permits are valid, depending upon the state of repairs and readiness for occupancy of the Town marinas.
(c) 
Identification. Any holder of a permit must attach the permit identification to the boat as herein provided, and failure to do so shall be prima facie evidence that no permit is held by the owner of such boat.
(2) 
Winter or annual permits. In the event that the Town Board designates Town marinas or mooring areas for winter or annual occupancy, resident and nonresident owners of boats shall be entitled to make application for a winter season or an annual permit to tie, moor or dock a boat to the specified dockage facilities or designated mooring areas, subject to such terms and conditions as may be imposed by the Town Board.
(3) 
Transient permits. Resident and nonresident owners of boats shall be entitled to make application for transient permits to tie, moor or dock a boat to those dockage facilities at Town marinas designated for transient use from the second Saturday in May through the first Sunday in November of each year. During other periods, all transient dockage facilities shall be closed to the public except by special permission of the Commissioner. No boat shall be tied or moored at those dockage facilities at Town marinas designated for transient use without the owner or operator first having paid for a permit to tie, moor or dock said boat at the transient dock facility for the time period during which it is so tied, moored or docked. In the event said fee has not been paid, any boat so tied, moored or docked may be removed, stored and disposed of pursuant to the terms of this chapter.
[Amended 6-18-1991 by L.L. No. 3-1991, effective 6-24-1991]
(4) 
Mooring permits. Residents shall be entitled to make application for a mooring permit to moor a boat in Town-designated mooring areas for use from March 1 through November 30. During other periods, all mooring areas shall be closed and/or unavailable to the public except by special permission of the Commissioner.
(a) 
"Resident" defined. For purposes of this subsection, a "resident" is an applicant who owns and occupies a residential dwelling within the Town of Brookhaven or whose principal place of residence is located within the Town of Brookhaven.
(5) 
Transient permits shall be issued by the Commissioner or by any employee of the Town of Brookhaven designated by the Commissioner for said purpose. The applicant who has a boat with living quarters shall certify on the application that the boat is either a sailing vessel or mechanically propelled.
[Amended 8-2-2011 by L.L. No. 19-2011, effective 8-10-2011]
(6) 
Application. Such application shall be on the form furnished by the Commissioner and shall set forth the registration number, if any, the name of the boat, the manufacturer's name, the overall length and beam of such boat for which the permit is applied, the date of such application, the name and address of the owner and the age of the owner. In the event that the boat is documented by the United States Coast Guard, said applicant shall furnish a copy of said current documentation papers. The Commissioner may refuse permission for a transient slip for any boat that is not registered within the United States or documented by the United States Coast Guard.
(7) 
Expiration.
(a) 
Transient permits shall be issued for a specific number of days and shall expire at 10:00 a.m. on the last day for which said permit has been issued. All boats must be removed on or before the expiration of said permit. Holders of transient permits may remove their boats at any time and return at any time prior to expiration of the permit and continue to be located in said slip or berth until said expiration date.
(b) 
Mooring permits shall be issued for the season [as set forth hereinabove at Subsection E(4)]. All boats must be removed from their mooring and all mooring tackle shall be removed from the mooring area on or before November 30 of each year.
(8) 
Any holder of a permit must attach the permit identification to the boat as herein provided, and failure to do so shall be prima facie evidence that no permit is held by the owner of such boat. Any holder of a new mooring permit shall also display the permit number on the buoy or float attached to the mooring tackle.
(9) 
Terms. Water, electricity or any other form of maintenance for transient dockage shall be at the risk of the permit holder, and the Town of Brookhaven shall in no way be responsible for any damages that may result by reason of interruption of water, electricity or other form of maintenance.
F. 
Removal of boats sunken or obstructing navigation.
(1) 
Whenever a boat is sunk at a Town marina or mooring area, accidentally or otherwise, it shall be the duty of the owner of such boat to immediately mark it with a buoy or beacon during the day and a lighted lantern at night and to maintain such marks until the boat is removed.
(2) 
It shall be the duty of the owner of a sunken boat to commence its immediate removal and complete such removal within five days, except as provided in Subsection F(4) below.
(3) 
Any sunken boat not removed by the owner in accordance with Subsection F(2) may be removed by the Town.
(4) 
If the Commissioner or the Commissioner of Public Safety or any duly designated Town employee determines that a boat in a Town marina seriously interferes with or specifically endangers navigation, the Town may remove the boat immediately and assess the costs of said removal against the owner.
G. 
Removal of boats.
(1) 
The application for a permit to dock a boat at a Town marina or to moor a boat in a Town-designated mooring area shall constitute authorization by the Town Board, its agents, servants or employees to remove such boat from the marina or mooring area to a suitable place at the expense and risk of the owner in the event that it becomes necessary to remove such boat because of the expiration of the permit or for such other grounds or reasons as are set forth in this chapter.
(2) 
All boats removed pursuant to this chapter shall be handled, sold or otherwise disposed of in accordance with Subsection O below.
H. 
Acceptance of permit. Acceptance of a permit shall constitute an agreement that the permit holder will hold the Town of Brookhaven and its authorized representatives completely harmless for any liability in connection with the operation, docking, tying, mooring, removal or disposal of his boat.
I. 
Display of permit. Every permit issued hereunder shall be accompanied by a decal or other authorized identification, which shall bear the number of the permit, the year of issuance of such permit, its expiration date and the number of the assigned slip. Such identification shall be firmly affixed to the windshield or other conspicuous place in such a manner that the same shall be easily read and distinguishable while the boat is docked at the facility for which the permit is issued. Any boat without a valid permit so displayed may be removed and stored by the Town at the owner's expense.
J. 
Minors. No permits hereunder shall be issued to minors. No person under 12 years of age shall be admitted to, or permitted in, a designated mooring area or marina unless accompanied by an adult who shows full responsibility for his safety and conduct.
K. 
Nontransferability of permit. A permit granted by the Town pursuant to this section shall not be assigned or transferred. Persons holding a permit may not sublease the space assigned to the holder of such permit or allow any other person to dock, moor or otherwise use such space, and the same may be used only by the boat for which the permit is issued. Permits are only valid for the slip, mooring or docking space designated thereon. However, in the event that a seasonal boat is to be gone from its slip for a period in excess of 24 hours, the permit holder shall give notice to the dockmaster of the duration of the intended vacancy, and in such event, the Town may allow use of the slip during said period by transient boats. Upon the death of a boat slip or waiting list holder, the surviving spouse may assume the boat slip or place on the wait list. This shall not be deemed a transfer or assignment pursuant to this section.
[Amended 10-29-2015 by L.L. No. 21-2015, effective 11-16-2015]
L. 
Commercial activities. No boat docked or moored at a Town marina or designated mooring area may be used for the sale of consumer merchandise or services without permission of the Town Board. If such permission is granted, the Commissioner shall designate the slip or mooring place to be assigned. No boat may be docked or moored at a Town facility for the purpose of leasing or renting occupancy for any person. This subsection shall not be construed to prohibit any permit holder from allowing a guest to remain on board any boat, provided that there is no monetary exchange in connection with the use of said boat by any such guest.
M. 
Rejection of application and revocation of permit.
(1) 
Seasonal applications. The Town Clerk may reject any application for any type of boat for any reason which, in his judgment, may jeopardize the safety of other permit holders and their boats stored in a Town marina. The Town Clerk shall reject any application to tie, moor or dock a boat which has living quarters but is neither a sailing vessel nor mechanically propelled.
(2) 
Transient and mooring applications. The Commissioner or his duly designated representative may reject any application for any type of boat for any reason which, in his judgment, may jeopardize the safety of other permit holders and their boats stored in a Town marina or designated mooring area. The Commissioner shall reject any application to tie, moor or dock a boat which has living quarters but is neither a sailing vessel nor mechanically propelled.
(3) 
Revocation of seasonal permits. The Town Clerk may revoke or refuse to renew any seasonal permit upon a showing that the permit holder has acted or allowed his boat or slip to be used in violation of this chapter. In such event, written notice of the charges shall be sent to the permit holder at the address given on the application. Said notice shall state the nature of the charges and that the permit holder shall have an opportunity to answer the charges on a specified date, place and time before the Town Clerk. Said revocation shall be effective 48 hours after the final determination of the Town Clerk, and the permit holder shall remove said boat forthwith.
(4) 
Revocation of transient and mooring permits. The Commissioner or his duly authorized representative may revoke any transient or mooring permit should it appear that the slip or mooring for which said permit has been issued is being used in violation of any section of this chapter or any rule or regulation issued thereunder. In such event, the permit holder shall be entitled to a pro rata refund after submitting a claim voucher to the Commissioner of Finance and verification of said claim by the Commissioner.
N. 
Rules and regulations. Persons using the docking facilities of a Town marina or mooring a boat in a Town-designated mooring area shall at all times obey any reasonable request of persons designated by the Commissioner to be in charge of such facility or designated area and shall obey all rules and regulations as the same may be posted by the Commissioner. From time to time, the Commissioner shall promulgate and amend rules and regulations pertaining to the operation of Town marinas and designated mooring areas, provided that the same are not in conflict with this section and are subject to approval by the Town Board.
O. 
Storage and disposal of boats.
(1) 
The Town may store boats impounded pursuant to this section in a suitable place at the expense of the owner.
(2) 
Charges for impounded boats.
(a) 
All reasonable and necessary expenses for impounding boats, including, without limitation, the costs for removal and storage, shall be a charge against the boat; and if the owner thereof fails or refuses to claim the boat and reimburse the Town for all charges within the time permitted by Subsection O(5) below, the Town may sell the boat; and the proceeds of such sale, less costs, shall be held by the Town, without interest, for the benefit of the owner for a period of five years. If not claimed within such five-year period, the proceeds shall be paid into the Town's general fund.
(b) 
The last owner of an impounded boat shall be liable to the Town for all reasonable and necessary expenses for impounding his boat.
(c) 
The Commissioner of Public Safety shall establish a schedule of charges for impounded boats subject to approval by the Town Board.
(3) 
Notification to owner.
(a) 
Except for boats governed by Subsection O(5)(c) below, the Town shall make an inquiry concerning the last owner of the impounded boat as follows:
[1] 
With registration numbers affixed, to the jurisdiction which issued such numbers.
[2] 
With no registration numbers affixed, to the New York State Department of Motor Vehicles and the United States Coast Guard.
(b) 
The Town shall notify the last owner and any lienholder and mortgagee, if known, that the boat in question has been removed and that, if unclaimed, it will be sold at public auction 30 days from the date such notice was mailed. In addition, at the Town Clerk's discretion, the Town Clerk may cause notice of removal to be published in a newspaper, addressed "To Whom It May Concern," requiring the redemption thereof.
(4) 
Redemption. The owner of the boat or person entitled to possession of a removed boat may redeem it any time prior to sale upon submission of adequate proof of ownership or entitlement and payment of all charges.
(5) 
Sale.
(a) 
Except for boats governed by Subsection O(5)(b) and (c) below, the Town may sell an impounded boat 30 days after notification is mailed to the owner in accordance with Subsection O(3)(b) above.
(b) 
If, as a result of the inquiry made pursuant to Subsection O(3) above, the owner is not known, the Town may sell the impounded boat 30 days after its removal.
(c) 
A boat having, at the time of removal, taking into consideration its conditions, a wholesale value of $100 or less and which is not suitable for operation on the water may be sold or otherwise disposed of immediately.
(d) 
The sale of a removed boat shall be at public sale, with notice of such sale being posted conspicuously in at least three places in the Town at least six days before the date of sale. The Town Clerk may, at the Town Clerk's discretion, give other publicity of such sale or delay the sale in the interests of justice.
[Added 12-7-2010 by L.L. No. 46-2010, effective 12-21-2010[1]; 5-22-2012 by L.L. No. 13-2012, effective 6-5-2012]
No person shall smoke or carry lighted cigarettes or other smoking devices, including but not limited to cigars and pipes, at the public parks, beaches and pools owned or operated by the Town of Brookhaven. Areas designated as marinas are excluded from this prohibition.
[1]
Editor’s Note: This local law also redesignated former §§ 10-30 and 10-31 as §§ 10-31 and 10-32, respectively.
[Added 6-18-1991 by L.L. No. 3-1991, effective 6-24-1991]
The tying, mooring or docking a boat to those dockage facilities at Town marinas designated for transient or seasonal use without first having obtained a permit for that period in time in which said boat is tied, moored or docked at the location where it is situated shall constitute an offense against this chapter which for a first offense shall be punishable by a fine of not less than $150 nor more than $250 or imprisonment for a period not exceeding 10 days for each such offense, or by both such fine and imprisonment. A second or subsequent such offense shall be punishable by fine of not less than $250 nor more than $500 or imprisonment for a period not exceeding 10 days for each such offense, or by both such fine and imprisonment
[Amended 6-18-1991 by L.L. No. 3-1991, effective 6-24-1991]
The violation of any provisions of this chapter, except for a violation of § 10-30 above, shall be an offense against this chapter, which shall be punishable by a fine of not more than $250 or imprisonment for a period not exceeding 10 days for each such offense, or by both such fine and imprisonment.