[HISTORY: Adopted by the Town Board of the Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where applicable.]
No dock, pier, bulkhead or jetty owned by or under the control of the Trustees of the Freeholders and Commonalty of the Town of Brookhaven or owned by or under the control of the Town of Brookhaven shall be used by any person for bathing, swimming or diving in the waters adjacent thereto.
A violation of the foregoing shall be a violation punishable by a fine not exceeding $250.
[Amended 4-24-2012 by L.L. No. 10-2012, effective 5-11-2012; 5-11-2017 by L.L. No. 11-2017, effective 5-23-2017]
No person shall tie up, moor, or fasten any boat, vessel or watercraft to the dock at Cherry Grove, constructed by the Cherry Grove Public Dock District, except as follows:
Boats or vessels owned by owners of property or owners of commercial businesses located within the Hamlet of Cherry Grove. Such boats or vessels may not tie up or be moored or fastened to the Cherry Grove Dock overnight (7:00 p.m. to 7:00 a.m.) for more than 15 days in any thirty-day period. Further, no individual may sleep overnight (7:00 p.m. to 7:00 a.m.) on any boat or vessel at the Cherry Grove Dock.
Boats, vessels or ferries carrying passengers for hire upon a regular schedule to and from Cherry Grove and duly licensed by the Suffolk County Court under the provisions of the Navigation Law of the State of New York or any other boats, vessels, ferries or water taxis for hire. Application for consent for the use of said dock by such boats, vessels, ferries or watercraft shall be made, as hereinafter provided in § 22-4, to the Brookhaven Town Board.
Any boat or vessel on business of the Town of Brookhaven, the County of Suffolk, the State of New York or the Coast Guard.
Application for consent shall be made to the Town Board. The application shall set forth the name and address of the applicant, whether individual, partnership or corporation, or the name under which the business shall be conducted; the nature of the applicant's business; that the applicant is duly licensed therefor as required by any law or ordinance; the location and amount of space required by the applicant and the reason why the applicant considers that public conveyance and necessity or public health requires the granting of such consent as against the use of said dock by residents or owners of property in the Cherry Grove Public Dock District generally; and any other matters deemed germane by the applicant. Consent shall be granted up to 10 years. An application for renewal need only contain the applicant's name and place of business; the years in which consent was previously granted; the space allotted in the previous consent; that the nature of the applicant's business has not changed; and that the applicant requests renewal of consent to use the same or other space.
[Amended 1-30-2020 by L.L. No. 2-2020, effective 2-10-2020]
If consent is granted by the Town Board, it shall designate the space to be occupied and the fee payable for said use. The applicant shall pay said fee to the office of the Department of Finance in the manner set forth in the consent. The applicant shall clearly mark the designated space on both ends of the water side of the dock so as to be visible from the water. The sign shall state: "Mooring between signs, except by (applicant), prohibited by order of the Town Board."
[Amended 1-30-2020 by L.L. No. 2-2020, effective 2-10-2020]
All designations of space shall be subject to change or modification by the Town Board on its own initiative or upon request at such times and in such manner as it may determine for the proper use of such dock.
Consent of the Town Board shall not be assignable by operation of law or otherwise without the approval of the Town Board, and any attempted assignment by operation of law or otherwise without the written approval of the Town Board shall immediately terminate the consent granted.
The conjunctional use of a ferry or refuse boat for freight purposes and the mooring of such boat or ferry between trips shall be deemed a use of said dock in connection with the business and consent granted.
Those individuals not exempt as indicated in § 22-3B and § 22-3C shall be permitted to dock on the Cherry Grove Dock, provided that they purchase and display a yearly Cherry Grove Dock vessel use permit issued by the Town Clerk, subject to the following:
[Amended 12-19-2019 by L.L. No. 27-2019, effective 12-31-2019]
Individuals must make application to the Town Clerk in such form as shall be prescribed. A complete application will include:
Application form. The application form will include the vessel owner's complete name, business name, if applicable, legal address, and an emergency contact number in case issues arise on the dock with said vessel;
Proof of adequate liability insurance, if required by the Town of Brookhaven's Law Department;
Proof of ownership of the vessel being registered;
An affidavit testifying that they are doing business in the Hamlet of Cherry Grove;
Payment of an annual fee as established by Town Board resolution.
All permits authorized by this section shall be valid from the date of issuance through December 31 of the same year.
All vessels authorized by a permit as provided hereinabove shall prominently display the authorizing permit for such vessel so that it is visible from the dock when the vessel is moored to the dock.
A copy of the Cherry Grove Dock vessel use permit(s) will be provided to the Town of Brookhaven Special Districts in charge of the Cherry Grove Dock.
Freight delivered to the dock shall not be stored on the dock for greater than 24 hours.
Vehicles and carts shall not be stored on the dock for a time period greater than two hours. Any vehicle or cart parked on the dock must be parked in a manner so as to not impede passenger traffic to or from the ferry or water taxi.
No vehicle or cart shall be parked in front of any water escape ladder.
All consents heretofore granted by the Town Board under the preexisting local law regulating the use of the public dock in the Cherry Grove Public Dock District shall remain in full force and effect, and an application under this article by any person to whom consent was heretofore given under the old local law shall be deemed an application for a renewal.
A violation of the foregoing shall be a violation punishable by a fine not exceeding $250 for a first offense and not exceeding $1,000 for each additional offense. Each offense shall be separate and distinct, and in the case of a continuing offense, each day's continuance shall be deemed a separate and distinct offense.