Town of Brookhaven, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 4-17-2001 by L.L. No. 15-2001, effective 4-20-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bay and harbor bottoms — See Ch. 8.
Parks and recreation areas — See Ch. 10.
Fees — See Ch. 29.
[1]
Editor's Note: This local law provided that it shall be applicable to all surface waters and underwater lands and delineated use areas within the Port Jefferson Harbor Complex within the Town of Brookhaven and all surface waters of Port Jefferson Harbor, Setauket Harbor, Little Bay, Conscience Bay, the Narrows and 1,500 feet north of Mount Misery extending west following the shoreline to 1,500 feet northwest of Old Field Point, also known as the "Harbor Complex."

§ 74-1 Findings and purpose.

A. 
The Town of Brookhaven's shoreline bounds the waters of the Port Jefferson Harbor Complex (hereinafter referred to as the "Harbor Complex"). The Harbor Complex is an attractive place to live or visit due to the harbor's excellent conditions to moor, anchor, and operate vessels, the bustling commercial waterfront area, and the high quality of the harbor's beaches, wetlands, habitats, surface waters, and coastal landscape. The Harbor Complex contains a regionally significant commercial port and wildlife resources and habitats of local, state, and federal significance.
B. 
The authority to regulate the surface waters of the Harbor Complex is held by five separate municipalities. This circumstance of multiple jurisdictions necessitates a coordinated, intermunicipal approach to insure adequate management of the Harbor Complex.
C. 
In recognition of the need for a coordinated, intermunicipal approach to manage the Harbor Complex, the Town of Brookhaven joined with the Villages of Belle Terre, Old Field, Poquott and Port Jefferson to prepare and adopt the Port Jefferson Harbor Complex Harbor Management Plan (hereinafter referred to as the "Harbor Management Plan"). Consistent with the recommendations of the Harbor Management Plan, the Town of Brookhaven declares that the purpose of this chapter is to implement the intermunicipal agreement between the Town of Brookhaven and the Villages of Belle Terre, Port Jefferson, Old Field and Poquott and the intermunicipal agreement between the Town of Brookhaven and the Village of Poquott and to establish uniform definitions, standards, requirements, and procedures for safe operation of vessels, and mooring and anchorage of vessels within the waters of the Harbor Complex. The intent of this chapter is to insure that the Harbor Complex remains an attractive place to live and visit, and to insure its continued economic and environmental vitality for current and future generations by:
(1) 
Minimizing user conflicts through efficient use and equitable allocation of the waters of the Harbor Complex for a variety of commercial, industrial, and recreational uses;
(2) 
Enhancing public and vessel safety;
(3) 
Improving conditions for navigation for all user groups by insuring safe and unencumbered navigation for all vessel types and sizes;
(4) 
Protecting and enhancing high-quality natural resource values by minimizing impacts from uses on natural resources and water quality;
(5) 
Insuring access to and protecting marketable shellfish resources;
(6) 
Better protecting privately owned shoreline property.

§ 74-2 Title.

This chapter shall be known as and may be cited as the “Town of Brookhaven Port Jefferson Harbor Complex Waterway Law.”

§ 74-3 Authority; Surface Water Use Chart.

A. 
Pursuant to the provisions of New York State Executive Law, Article 42, New York State Municipal Home Rule Law § 10, Town Law § 130, and the Dongan Patent of 1686, the Town of Brookhaven, County of Suffolk, State of New York, hereby enacts this chapter.
B. 
The Surface Water Use Chart dated June 2000, and any amendments thereto, on file in the office of the Town of Brookhaven Division of Environmental Protection, is hereby adopted, incorporated and made a part of this chapter.

§ 74-4 Definitions.

For the purpose of this chapter, the following terms and phrases shall be given the meanings indicated as follows:
ABANDONED VESSEL
Any vessel that is not properly secured or attached to a mooring which is not properly maintained.
ACCESS LANES
Surface waters that provide for unobstructed movement and free passage of vessels, as described in Section 5 of this chapter and depicted on the Surface Water Use Chart.
ANCHOR
A specially shaped, weighted device designed to dig efficiently into the underwater lands and hold a vessel within a given radius despite winds and currents.
ANCHORING
The act of securing a vessel for a temporary period of time to the underwater lands, by dropping an anchor or other device, other than a mooring, to underwater lands.
BARGE
A commercial vessel/boat used primarily for the transporting of goods on waterways, usually propelled by towing.
BARGE MOORING AREA
An area, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart designated for the mooring of barges.
BEACHING
The act of driving or pulling a vessel on to the shoreline.
BOAT
See “vessel.”
COMMERCIAL VESSEL
Any vessel operated for a fee, excluding charter boats, liveries or water taxis, and excursion boats.
DESIGNATED MOORING AREA
An area specifically for the mooring of vessels, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.
EDUCATIONAL SAILING PROGRAM
A program operated by a private, municipality, or not-for-profit organization or educational institution for the purpose of teaching sailing and boating skills.
FEDERAL NAVIGATION CHANNEL
The federally designated channel within the Harbor Complex as authorized by the United States Congress in 1890, delineated on the NOAA Chart and as shown on the Surface Water Use Chart.
FRANCHISE MOORING AREA
An area of Town of Brookhaven owned underwater lands that may be leased or franchised for the purpose of renting moorings.
HARBOR USE AREAS
Areas for specified uses as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.
HOMEOWNERS'/BEACH ASSOCIATION
An association of homeowners who own waterfront property within the Port Jefferson Harbor Complex that is owned, in common, by the members.
MOOR
The act of securing a vessel in or upon the water by attaching a vessel to the ground or lands under water by means of a mooring.
MOORING
A semi-permanent anchorage system which, by design, is not normally retrieved when a vessel leaves the anchorage system. A mooring includes, but is not limited to, a system consisting of an anchor, weight or other device attached to a length of chain and/or line secured to a float or buoy.
MOORING PERMIT
Required written authorization to place a mooring on any underwater lands within the Harbor Complex as specified under this chapter.
MOORING SEASON
The period of time from March 1 through December 15, inclusive, of the same calendar year.
MOORING TACKLE
Any assemblage of hardware, rope, line, wire or chain that is used to secure a mooring anchor, weight or other device to a buoy or vessel.
NATURAL RESOURCE PROTECTION AREA
An area that is environmentally sensitive, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.
PERSON
Any individual, public or private corporation, firm, association, partnership, political subdivision, government entity, or any other legal entity.
POLLUTANTS; POLLUTION
Any material or combination of material, including but not limited to bottles, glass, cans, junk, paper, scrap metal, garbage, rubbish, or trash; or any untreated sanitary waste, oil or gas which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:
A. 
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness to marine life; or
B. 
Pose a substantial present or potential hazard to public health, safety or the environment; or
C. 
Render the water unsightly, noxious or otherwise unwholesome so as to be detrimental to the public health, safety, welfare or to the enjoyment of the waters of the Harbor Complex.
PORT JEFFERSON HARBOR COMPLEX
The surface waters of Port Jefferson Harbor, Setauket Harbor, Little Bay, Conscience Bay, the Narrows and 1,500 feet north of Mount Misery extending west following the shoreline to 1,500 feet northwest of Old Field Point, also known as the "Harbor Complex."
PORT JEFFERSON HARBOR COMPLEX HARBOR MANAGEMENT PLAN
The plan prepared for the Port Jefferson Harbor Complex dated March 1999, adopted by the Town of Brookhaven and the Villages of Belle Terre, Old Field, Poquott and Port Jefferson.
RAFTING
The attachment of two or more vessels together to an anchor or mooring.
RESIDENT
Any person who has his principal place of abode and domicile in the Town of Brookhaven and/or any person who owns real property within the Town of Brookhaven.
SHELLFISH PROTECTION AREA
An area designated for the protection of shellfish resources, as described in § 47-5 of this chapter and depicted on the Surface Water Use Chart.
SHORELINE
The line of the shore defined as that area where the water meets the land at any given time or tide.
SPEED
The rate at which a vessel travels over the surface of the water, measured by the distance traveled in miles per hour or parts thereof.
SURFACE WATER USE CHART
A chart of the surface waters and underwater lands and delineated use areas within the Port Jefferson Harbor Complex within the Town of Brookhaven and all surface waters within 1,500 feet from the shore bounding or bordering from the Village of Belle Terre, Village of Old Field, Village of Poquott and Village of Port Jefferson prepared pursuant to the Port Jefferson Harbor Complex Harbor Management Plan dated June 2000, and any amendments thereto, on file in the office of the Town of Brookhaven Division of Environmental Protection.
SWIMMING AREA
An area of surface water along the shoreline delineated by buoys, lifelines or perimeter ropes for the purpose of recreational swimming.
SWING RADIUS
The area that a vessel, secured to a mooring or anchor, can or may traverse as it rotates around a mooring or anchor in response to winds and currents.
VEGETATED TIDAL WETLANDS
All banks, bogs, meadows, flats and tidal marshes subject to tides and upon which grow the following vegetation, but not limited to: Salt Meadow Grass (Spartina patens), Salt Grass (Distichlis spicata), or Salt Marsh Cordgrass (Spartina alterniflora).
VESSEL
Every description of watercraft or other contrivance used or capable of being used as a means of transportation in or on the water, including aircraft such as seaplanes, personal watercraft, and specialty prop-craft as defined under New York State Navigation Law § 2 and any amendments thereto.
WAKE
The track left by a vessel in the water or under the water.
WATERFRONT PROPERTY OWNER
The owner of any residentially zoned property that includes or adjoins mean high water and is thus entitled to riparian or littoral access.
WATERSKIING
The towing of a person or persons on water skis, kneeboard, wakeboard, tube, or other similar device by a line attached to a vessel.

§ 74-5 Harbor use areas.

A. 
Access lanes. The following access lanes are hereby established, as described herein and depicted on the Surface Water Use Chart:
(1) 
Conscience Bay - The Narrows Access Lane: located west of the Federal Navigation Channel generally in an east-west direction for approximately 1.2 miles at a constant width of 100 feet.
(2) 
Setauket Harbor Access Lane: generally located west of the Federal Navigation Channel, extending in an east-west direction for approximately .57 mile, at a constant width of 100 feet. The total distance of the access lane is 1.04 miles.
(3) 
Belle Terre Access Lane: located east of the Barge Mooring Area and the Southeast Mooring Area, extending in a southern direction parallel to the western shore of Belle Terre for approximately .87 mile at a constant width of 100 feet.
B. 
Mooring areas. The following areas are hereby established as designated mooring areas, as described herein and depicted on the Surface Water Use Chart:
(1) 
Barge Mooring Area: located east of the Federal Navigation Channel in the northeast portion of Port Jefferson Harbor, and southwest of Pirates' Cove.
(2) 
Educational Sailing Program Mooring and Operation Area: located east of the Federal Navigation Channel in the southeast part of Port Jefferson Harbor.
(3) 
Northeast Mooring Area: located east of the Federal Navigation Channel in the northeast corner of Port Jefferson Harbor in an area locally known as “Pirates' Cove,” “The Hole,” or “Seaboard Cove.”
(4) 
Northwest Mooring Area: located west of the Federal Navigation Channel in Port Jefferson Harbor, generally south of the Conscience Bay - Narrows Access Lane.
(5) 
Setauket Harbor: located west of the Federal Navigation Channel in Setauket Harbor along the shorelines of Strong's Neck and Poquott Village.
(6) 
Southeast Mooring Area: located east of the Federal Navigation Channel comprising a significant portion of the eastern part of Port Jefferson Harbor.
(7) 
Southwest Mooring Area: located west of the Federal Navigation Channel in Port Jefferson Harbor along the eastern shoreline of the Village of Poquott.
C. 
Natural resource protection areas. The following areas are hereby established as natural resource protection areas, as described herein and depicted on the Surface Water Use Chart:
(1) 
All of Conscience Bay.
(2) 
All of Little Bay.

§ 74-6 Vessel speed limits.

[Amended 5-20-2004 by L.L. No. 11-2004, effective 5-24-2004]
A. 
No person shall operate any vessel in excess of 30 miles per hour in any waters of the Harbor Complex except as provided in Subsection C below.
B. 
No person shall operate any vessel in excess of five miles per hour, or in such a manner that an excessive or destructive wake is created within the following areas, except as provided in Subsections C and D below:
(1) 
The Federal Channel south of the line originating at the northernmost point of the eastern jetty continuing westerly, ending at the northernmost point of the western jetty.
(2) 
All of the area located within an area generally located between the two jetties at the entrance to Port Jefferson Harbor and described as follows: originating at the northernmost point of the eastern jetty thence heading southerly along the jetty and shoreline to the southernmost point of the shoreline south of the eastern jetty and thence heading westerly to the southernmost point of the shoreline south of the western jetty thence heading north along the shoreline and western jetty to the northernmost point of the western jetty thence easterly to the point of origin.
(3) 
Any access lane;
(4) 
Setauket Harbor;
(5) 
Conscience Bay;
(6) 
Little Bay;
(7) 
The Narrows, from the western end of Conscience Bay-Narrows Access Lane to Conscience Bay;
(8) 
The waters within 100 feet of:
(a) 
Any moored vessel;
(b) 
Any anchored vessel;
(c) 
A swimming area or swimmer;
(d) 
Any dock or pier; or
(e) 
Any shoreline within the Harbor Complex.
C. 
Law enforcement and emergency vessels. All federal, state and local law enforcement and emergency vessels shall be exempt from all set speed limits while engaged in the performance of their official duties.
D. 
Exceptions.
(1) 
Commercial vessels, as defined under this chapter, shall adhere to all set speed limits as set forth in this section except when wind, weather or sea conditions require the use of a higher speed for safe piloting, and provided that:
(a) 
Such increase in speed shall not exceed the minimum speed that is necessary and appropriate to insure adequate and safe piloting; and
(b) 
Such increase in speed does not cause any harm or damage to any person or vessel.
(2) 
Waterskiing. Within Conscience Bay or Little Bay a vessel may operate at a maximum speed of up to 30 miles per hour, provided such vessel is actually engaged in waterskiing as defined under this chapter.

§ 74-7 Anchoring.

A. 
Except as set forth in Subsection B, the anchoring of any vessel shall be prohibited within:
(1) 
Any area such that the swing radius allows the vessel to be within 100 feet of any swimming area;
(2) 
Any area such that the swing radius allows the vessel to be within 50 feet of:
(a) 
The Federal Navigation Channel or any access lane;
(b) 
A mooring or moored vessel;
(c) 
Another vessel at anchor;
(d) 
Any aid to navigation or marker buoy;
(e) 
Any dock or pier.
B. 
Emergency anchoring. The prohibitions set forth in Subsection A above, shall not apply to the anchoring of any vessel due to:
(1) 
Harsh, inclement weather such as severe and sustained wind, rain, fog, lightning or other severe storm conditions; or
(2) 
Engine or other equipment malfunctions that render a vessel inoperable or the operation of such vessel unsafe.

§ 74-8 General prohibitions and restrictions.

A. 
Prudent operation. Within all waters of the Harbor Complex no person shall operate or maneuver any vessel, in an unreasonable manner that may result in endangering or causing injury or damage to, or placing at risk, any person, property or the environment. The term "maneuver" shall include but not be limited to:
(1) 
Weaving through congested traffic;
(2) 
Jumping the wake of another vessel at a distance unreasonably or unnecessarily close to such vessel;
(3) 
Jumping the wake of another vessel when such vessel's visibility is obstructed;
(4) 
The operation of a vessel unreasonably close to another vessel so as to create the possibility of a collision.
B. 
Rafting. No person shall raft any vessel in such a manner that interferes with:
(1) 
Any other vessel;
(2) 
Any other person's lawful use of the Harbor Complex's surface waters; or
(3) 
The safe and proper functioning of adjacent moorings or vessel anchorage.
C. 
Pollution. No person shall discharge at any time any untreated sanitary waste or other pollutants, as defined in this chapter within any area of the Harbor Complex.
D. 
Noise.
(1) 
No person shall operate a vessel with an outboard or an inboard motor unless equipped with an adequately muffled exhaust, as set forth in Navigation Law § 44 or any amendment thereto.
(2) 
Noise-producing instruments or activities.
(a) 
No person shall use any noise-producing or noise-amplifying instrument on any vessel in such a manner that it endangers the safety or health of any person, or disturbs a reasonable person of normal sensitivities, or endangers personal or real property.
(b) 
No person shall engage in any activity or cause any noise disturbance that disturbs the reasonable quiet, comfort or repose of occupants of adjacent vessels or adjacent shorefront residences between the hours of 11:00 p.m. and 6:00 a.m., prevailing time.
(c) 
The prohibitions set forth in Subsection D(2)(a) and (b) above shall not prohibit the use of whistles, bells or horns as signals as required by any New York State or federal law for the free and safe navigation of motorboats or vessels.
(3) 
No person shall run or operate any vessel engine where the decibel level exceeds the recommended levels as per the New York State Navigation Law, Article 4 or any amendments thereto.
E. 
Beaching. No person shall beach any vessel in an area containing vegetated tidal wetlands, as defined under this chapter, or in such a manner as to cause damage or harm to any vegetation.
F. 
Interference with markers. No person shall interfere, damage, deface or otherwise cause harm to any navigation aid, including but not limited to buoys, beacons or other fixed objects in the water which are used to mark obstructions, or provide information or direct navigation through safe channels.
G. 
Waterskiing.
(1) 
No person shall waterski within 300 feet of the shorelines of Conscience Bay or Little Bay.
(2) 
No person shall engage in waterskiing in any area of the Harbor Complex during the period from sunset to sunrise.
(3) 
No person shall operate a vessel for waterskiing in any area of the Harbor Complex unless there is in such vessel a person, other than the operator, at least 10 years of age, in a position to observe the person being towed.
(4) 
No person shall operate any vessel for waterskiing in excess of the speed limits as set forth in § 74-6 of this chapter.

§ 74-9 Harbor use area regulations.

A. 
Designated mooring areas.
(1) 
The mooring of any vessel or the placement of any mooring in or upon any surface water and underwater lands within the Harbor Complex shall only be permitted within a designated mooring area, as described under this chapter and depicted on the Surface Water Use Chart.
(2) 
Exception. Moorings may be permitted at a location outside a designated mooring area, provided that:
(a) 
Such location is not otherwise restricted under this chapter; and
(b) 
The applicant falls within one of the following classifications:
[1] 
Waterfront property owner;
[2] 
Waterfront homeowners' association or a member of such association; or
[3] 
The property owner(s) filed deed grants access to the surface waters.
B. 
Barge Mooring Area. Within the Designated Barge Mooring Area, permitted barge moorings shall have the right to remain in place, at the authorized location, for the permitted year. The Harbormaster or Bay Constable may require barge moorings to be removed and inspected on an annual basis if deemed necessary.
C. 
Educational Sailing Program Mooring and Operation Area. Within the designated Educational Sailing Program Area, moorings shall only be permitted for use by educational sailing programs.
D. 
Shellfish protection areas. Within any designated shellfish protection area, the anchoring or mooring of any vessel, or any form of disruption or any disturbance to the bottom or underwater lands shall be prohibited.
E. 
Restricted use of Belle Terre Access Lane. No person shall operate any vessel exceeding 30 feet in length within any surface waters within the Belle Terre Access Lane, as described under this chapter and depicted on the Surface Water Use Map.

§ 74-10 Mooring permits.

A. 
Mooring permit required.
(1) 
A mooring permit shall be required prior to any person:
(a) 
Placing or causing to place any mooring or mooring tackle in or upon any surface waters or underwater lands within the Harbor Complex;
(b) 
Securing any vessel, floating home, structure, barge, raft, private float or any other object to any mooring.
(2) 
Exceptions. A mooring permit shall not be required for
(a) 
Any mooring temporarily installed to facilitate approved dredging, approved dock construction or other approved water-related work projects.
(b) 
Any mooring installed in a Town of Brookhaven approved mooring franchise area, provided the installation is performed by the franchisee pursuant to an authorized franchise agreement between the Town and the franchisee.
(3) 
A permit obtained from the Town of Brookhaven does not relieve a person of the necessity to obtain a permit or approval as required by any other governmental entities.
B. 
Mooring location.
(1) 
All moorings must be placed at the particular location as specified in the mooring permit.
(2) 
A mooring may only be relocated upon obtaining an amended mooring permit specifying the new location.
C. 
Duration and number of mooring permits.
(1) 
A mooring permit shall be valid for one calendar year.
(2) 
No more than two mooring permits shall be issued to any person for the calendar year.
D. 
Display of permit number. Mooring permit identification numbers must be clearly displayed, not less than three inches in height, on the buoy or float attached to the mooring tackle. A copy of the permit placard issued by the Town of Brookhaven must be clearly posted on any vessel attached to a mooring in such a manner that allows the Harbormaster or Bay Constable to identify and compare the permit identification numbers on the mooring buoy to the moored vessel.
E. 
Nontransferability of mooring permit. Any person holding a mooring permit shall not transfer the permit to any person without the written consent from the Town of Brookhaven.
F. 
Acceptance of mooring permit. Acceptance of a mooring permit shall constitute an agreement and acknowledgement that the permit owner will hold the Town of Brookhaven and its authorized representatives completely harmless for any liability or expenses incurred in connection with the mooring, and/or the removal, storage, impounding or towing of the mooring or moored vessel as set forth in § 74-15 of this chapter.
G. 
Revocation of mooring permit. The Town of Brookhaven may suspend, revoke or refuse to renew any mooring permit upon a showing that the permit owner failed to comply with the provisions of this chapter. Prior to the Town revoking or refusing to renew any mooring permit, written notice shall be sent to the permit owner, by certified or registered mail to the address provided on the last application. The written notice shall set forth the reasons for such revocation or nonrenewal and provide the permit owner an opportunity to present any evidence regarding the revocation or non-renewal. Nonuse of an assigned mooring location for a period of 120 consecutive days may constitute a sufficient basis for such revocation or nonrenewal. Any revocation or nonrenewal shall be effective 48 hours after the Town's decision, and the permit owner shall remove said vessel or mooring within that time period. Failure to remove the vessel shall be a violation of this chapter.
H. 
Mooring permit fees shall be established by the Town Board and may be amended from time to time. Note: No fee shall be assessed for permits issued for moorings placed or installed on privately owned underwater lands.
[Added 1-7-2014 by L.L. No. 2-2014, effective 1-15-2014]

§ 74-11 Mooring restrictions.

A. 
Vessel restrictions. No person shall secure a vessel to any mooring in a manner that causes such vessel to interfere with or be within:
(1) 
The riparian access of a waterfront property owner;
(2) 
One hundred feet of any swimming area;
(3) 
The swing radius of any adjacent moored vessel(s);
(4) 
Fifty feet of:
(a) 
The Federal Navigation Channel or any access lane;
(b) 
Any aid to navigation or buoy marker.
B. 
Non-authorized use of moorings. No person shall rent, lease or accept any monetary consideration for the use of any installed mooring except pursuant to an authorized franchise or lease agreement between the Town and the franchisee or lessee.
C. 
Minimum mooring tackle standards.
(1) 
Mooring installation.
(a) 
No person shall install, place or cause to be placed any mooring within the Harbor Complex unless such mooring is of sufficient size, strength and condition to hold the moored vessel safely in severe storm conditions.
(b) 
All installed moorings must include a nonmetallic mooring buoy and a pennant float, commonly known as a "pick up stick."
(2) 
Mooring use. No person shall secure any vessel to an installed mooring unless the mooring tackle is of sufficient size and strength to hold the moored vessel.
D. 
Mooring maintenance required.
(1) 
All mooring owners shall be:
(a) 
Responsible for maintaining their mooring lines, tackle and chafe gear in order to provide for the safe and secure mooring of their vessels; and
(b) 
Liable for any damage caused to their own vessel or to any other vessel resulting from the mooring owner's reckless action or negligence in maintaining any mooring lines, tackle and chafe gear.
(2) 
Upon the failure of any person to provide for the safe and secure mooring of any vessel, the Town of Brookhaven may properly secure such vessel. The failure of any person to provide for the safe and secure mooring of any vessel will result in such person being responsible and liable for all costs, including but not limited to labor, materials and administrative fees, incurred by the Town of Brookhaven in properly securing the vessel.
E. 
Expiration of mooring season.
(1) 
Except as set forth in Subsection E(2) herein, within five days of the expiration of the mooring season, as defined under this chapter, all moorings and mooring tackle must be removed by the owner. The failure to remove any mooring or mooring tackle may result in the Town of Brookhaven removing such mooring and mooring tackle and the permit owner or registrant shall be responsible for all costs incurred by the Town of Brookhaven for the removal of such mooring and/or mooring tackle, in addition to any fines for any violations of this chapter.
(2) 
The following moorings may remain in place for the permitted calendar year:
(a) 
Moorings located in the designated Barge Mooring Area;
(b) 
Moorings that have received written approval from the Town of Brookhaven for year-round use.
F. 
Mooring inspection. The Harbormaster, Bay Constable or other duly authorized employee of the Town of Brookhaven or other qualified professional is authorized to inspect any mooring tackle placed within any area of the Harbor Complex either prior to installation or after removal of such mooring at the end of the mooring season. If at any time during the mooring season, visual wear to the pennant or mooring buoy is observed by the Harbormaster or Bay Constable that would render such mooring unsafe, the mooring owner will be responsible for repairing or replacing the worn equipment at the owner's sole expense.

§ 74-12 Mooring permit applications.

A. 
Any person proposing to place or causing to be placed a mooring within the Port Jefferson Harbor Complex shall file a permit application with the Town of Brookhaven Division of Environmental Protection on forms promulgated by the Director of the Division of Environmental Protection of the Town of Brookhaven.
B. 
All applications shall include, but not be limited to:
(1) 
The applicant's name and address;
(2) 
Proof of Town residency, if applicable; acceptable forms include a property tax bill or utility bill.
(3) 
A statement of authority from the applicant for any agent making the application if applicable;
(4) 
The exact location of the proposed mooring placed on a navigation chart with either the longitude and latitude or distances to at least two permanent landmarks indicated;
(5) 
An accurate description of the mooring system to be employed indicating the type and weight of the anchor, the length and size of the chain, and the size and type of the mooring buoy;
(6) 
A notarized affidavit signed by the applicant, which indemnifies and holds harmless the Town of Brookhaven from any liability claims, in such form as shall be approved by the Town Attorney;
(7) 
A copy of the current registration, title and/or documentation papers of the boat or vessel if applicable;
(8) 
A physical description of the vessel, including vessel name if applicable;
(9) 
Payment of a mooring permit application fee as provided in the Town Code of the Town of Brookhaven, Chapter 29, Fees, and any amendments thereto; and
(10) 
Other factual information as deemed necessary and appropriate by the Director of the Division of Environmental Protection of the Town of Brookhaven.

§ 74-13 Granting, denying or conditioning mooring permits.

A. 
In granting, denying or conditioning any mooring permit, the Division of Environmental Protection shall consider the potential impact of the mooring on the following:
(1) 
Navigation;
(2) 
Public access to water-dependent recreational activities, shellfishing and other natural resources;
(3) 
Public health and welfare;
(4) 
Access to the waterway by local waterfront property owners;
(5) 
The adjacent upland or shoreline traveled on in order to access the mooring;
(6) 
The number of mooring permits issued for the current calendar year, and
(7) 
Any other factual information, as necessary.
B. 
In order to further the intent of this chapter, the Director shall have the authority to impose conditions and/or limitations and such conditions and/or limitations shall be incorporated into the mooring permit.

§ 74-14 Appeals of decisions regarding mooring permits.

Any person or applicant may appeal any decision regarding issuance or denial of a mooring permit to the Town Board of the Town of Brookhaven. Said appeal must be taken within 30 days of the Director's decision and made to the Town Clerk upon such forms promulgated by the Town Clerk. Any person aggrieved by any decision of the Town Board of the Town of Brookhaven may apply to the Supreme Court for relief by a proceeding under Article 78 of the Civil Practice Law and Rules within 30 days of the filing of such determination in the office of the Town Clerk.

§ 74-15 Enforcement and penalties for offenses.

A. 
Failure to obey.
(1) 
No person shall willfully fail to obey any sign, notice, signal, control device or buoy placed or erected within the Harbor Complex.
(2) 
No person shall fail to comply with any lawful order or direction of any Harbormaster, Bay Constable, police officer or other person duly empowered and authorized to enforce the provisions of this chapter or duly authorized to insure the free and safe navigation of waters within the Harbor Complex.
B. 
Penalties. A violation of any provision of this chapter shall be an offense punishable by a fine of not less than $100 and not exceeding $250 or by imprisonment for a period of not more than 10 days. Each violation shall be a separate and distinct offense. Each day's continued violation shall constitute a separate and additional offense. A second or subsequent offense shall be punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
C. 
Towing and removal of vessels.
(1) 
To insure the free and safe navigation of waters within the Harbor Complex, the Harbormaster, Bay Constable, police officer, or other duly authorized person shall have the authority to tow, seize and impound:
(a) 
Any vessel that is moored or anchored in violation of any provision of this chapter; or
(b) 
Any moored or anchored vessel or barge, float, raft or other floating conveyance, that presents a hazard to the public health, welfare and safety or interferes with the free and safe navigation of the waters within the Harbor Complex;
(c) 
Any mooring installed, placed or located in or upon any underwater lands or surface waters within the Harbor Complex in violation of any provision of this chapter.
(2) 
The Town of Brookhaven may retain any impounded mooring, boat, vessel, barge, raft, float or any other object impounded, until any fees, costs and expenses incurred by the Town, or any fines or penalties imposed by the court arising from any violation, have been paid.
(3) 
In addition to any fines that may incur as a result from any violation of this chapter, the vessel owner, operator, or person in control of the vessel shall be responsible and liable for any removal fees, towing and storage expenses and administrative expenses incurred by the Town of Brookhaven in removing said vessel. The Town may retain any vessel, mooring float, raft or other floating conveyance, until such time as the owner or operator of said vessel reimburses the Town for any and all costs and expenses incurred.
(4) 
Any vessel, mooring, float, raft or floating craft not redeemed within 60 days from the date of impoundment, shall be deemed to be abandoned and disposed of in accordance with the provisions of Subsections D and E below.
D. 
Abandoned vessels.
(1) 
To insure free and safe navigation of waters within the Harbor Complex, the Harbormaster, Bay Constable, police officer, or other duly authorized person may seize and impound any abandoned vessel located within the waters of the Harbor Complex and dispose of such vessel in accordance with the provisions of Subsection E herein. The vessel owner shall be responsible for any and all costs and expenses incurred by the Town of Brookhaven as a result of impounding and storing such vessel.
(2) 
Sale of abandoned vessels.
(a) 
Prior to the sale of any abandoned vessel, the Town shall make an inquiry as the vessel's last owner as provided in Subsection E herein.
(b) 
Exception. Any vessel, taking into consideration its condition, having been determined to have a wholesale value of $200 or less, or which is not suitable for operation on the waters within the Harbor Complex, shall be disposed of without prior notice.
E. 
Disposal of impounded vessels and moorings. Upon seizing and impounding any vessel or mooring pursuant to Subsection C or D, the Town shall:
(1) 
Make an inquiry as to the last known address of the owner of the impounded vessel and/or mooring by checking the vessel registration numbers or the last known mooring permit application; and
(2) 
Notify the last owner by registered mail that the vessel and/or mooring has been impounded and that the failure to reclaim the vessel or mooring within 45 days from the date of the notice, will result in the said vessel or mooring being sold at public auction; or
(3) 
If the vessel owner cannot be determined, then the Town shall provide public notice, by publishing in a newspaper designated by the Town having a general circulation in the Harbor Complex area where that the vessel and/or mooring was seized and impounded, that the vessel or mooring will be sold publicly if the said vessel or mooring is not redeemed within 45 days from the date of notice of publication.

§ 74-16 Emergency actions.

The requirements and prohibitions of this chapter do not apply to emergency actions that are necessary to protect public health, safety, and welfare or to protect property. Any person conducting and/or undertaking emergency activities shall, to the extent practicable, avoid, prevent and/or minimize damage to natural resources within the Port Jefferson Harbor Complex.

§ 74-17 Severability.

The provisions of this chapter are declared to be severable, and, if any section, sentence, clause or phrase hereof shall be adjudged by any court of competent jurisdiction to be invalid, such adjudication shall not affect the validity of the remaining portions hereof, but such portions shall remain in full force and effect.

§ 74-18 When effective.

This chapter shall become effective immediately upon filing with the Secretary of State of the State of New York.