[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]
[Amended 4-20-2023 by L.L. No. 4-2023, effective 5-4-2023]
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:
A.
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.
B.
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.
C.
Any boat or vessel on business of the Town of Brookhaven, the County
of Suffolk, the State of New York or the Coast Guard.
D.
Any boat or vessel, except those stipulated in Subsection B, may embark or disembark passengers at the space provided for that purpose and so marked on the dock. Mooring, tying or fastening a vessel to the dock for embarking or disembarking passengers shall not exceed a period of five minutes.
E.
Vessels permitted pursuant to this section shall be issued a decal
or other authorized identification. 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 at the Cherry Grove Dock. The failure to do so shall be prima facie
evidence that no permit is held by the owner of such boat. Any boat
without a valid permit so displayed may be removed and stored by the
Town at the owner's expense.
[Amended 1-30-2020 by L.L. No. 2-2020, effective 2-10-2020; 4-20-2023 by L.L. No. 4-2023, effective 5-4-2023]
A.
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.
B.
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."
C.
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.
D.
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.
E.
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.
F.
A licensee operating a water taxi must obtain a medallion for each
vessel operated in the Town. Each medallion must be installed and
maintained in such manner as shall be designated by the Commissioner.
The failure to do so shall be prima facie evidence that no medallion
is held by the owner of such boat. Any boat without a valid medallion
so displayed may be removed and stored by the Town at the owner's
expense.
A.
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]
(1)
Individuals must make application to the Town Clerk in such form
as shall be prescribed. A complete application will include:
(a)
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;
(b)
Proof of adequate liability insurance, if required by the Town
of Brookhaven's Law Department;
(c)
Proof of ownership of the vessel being registered;
(d)
An affidavit testifying that they are doing business in the
Hamlet of Cherry Grove;
(e)
Payment of an annual fee as established by Town Board resolution.
B.
All permits authorized by this section shall be valid from the date
of issuance through December 31 of the same year.
C.
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.
D.
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.
F.
Dock use.
(1)
Freight delivered to the dock shall not be stored on the dock for
greater than 24 hours.
(2)
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.
(3)
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.
