[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
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:
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.
The attachment of three or more vessels together to an anchor
or mooring.
[Added 3-25-2021 by L.L.
No. 5-2021, effective 4-1-2021]
The Town Board of the Town of Brookhaven.
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:
C.
Town of Brookhaven East Parking Lot, Farmingville,
New York:
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; 12-18-2007 by L.L. No. 28-2007, effective 12-24-2007; 9-18-2023 by L.L. No. 8-2023, effective 10-2-2023]
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-owned property, or
onto Town-operated property, or onto property otherwise 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, any bows
and arrows, slings, or any other forms of weapons potentially harmful
to wildlife and dangerous to human safety, 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, bow and arrow, sling, or other instrument
or weapon potentially harmful to wildlife and dangerous to human safety
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.
No person shall erect any temporary or permanent structure or other
encumbrance, utilized for the purposes of hunting, trapping or pursuing
wildlife, upon land within a park, Town-owned land or land under the
Town's control, whether upland or land under water without written
authority from the Town Board to erect such a structure or encumbrance.
D.
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 and may temporarily erect floating duck
blinds on Town-owned underwater land during migratory waterfowl hunting
season. 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.
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.
[Amended 3-25-2021 by L.L. No. 5-2021, effective 4-1-2021]
(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.
(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.
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:
(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.
(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; 8-5-2021 by L.L. No. 12-2021, effective 8-17-2021]
No person shall smoke any tobacco product and/or marijuana,
carry lighted cigarettes, cigars and/or cigarillos, or use pipes,
electronic cigarettes, vape pens, vapors, e-liquids, or other legal
marijuana instruments at the public parks, beaches, playgrounds and
pools owned or operated by the Town of Brookhaven.
[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.
