[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."
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.
This chapter shall be known as and may be cited
as the “Town of Brookhaven Port Jefferson Harbor Complex Waterway
Law.”
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.
For the purpose of this chapter, the following
terms and phrases shall be given the meanings indicated as follows:
Any vessel that is not properly secured or attached to a
mooring which is not properly maintained.
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.
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.
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.
A commercial vessel/boat used primarily for the transporting
of goods on waterways, usually propelled by towing.
An area, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart designated for the mooring of barges.
The act of driving or pulling a vessel on to the shoreline.
See “vessel.”
Any vessel operated for a fee, excluding charter boats, liveries
or water taxis, and excursion boats.
An area specifically for the mooring of vessels, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.
A program operated by a private, municipality, or not-for-profit
organization or educational institution for the purpose of teaching
sailing and boating skills.
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.
An area of Town of Brookhaven owned underwater lands that
may be leased or franchised for the purpose of renting moorings.
Areas for specified uses as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.
An association of homeowners who own waterfront property
within the Port Jefferson Harbor Complex that is owned, in common,
by the members.
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.
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.
Required written authorization to place a mooring on any
underwater lands within the Harbor Complex as specified under this
chapter.
The period of time from March 1 through December 15, inclusive,
of the same calendar year.
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.
An area that is environmentally sensitive, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.
Any individual, public or private corporation, firm, association,
partnership, political subdivision, government entity, or any other
legal entity.
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:
Cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness to marine life; or
Pose a substantial present or potential hazard
to public health, safety or the environment; or
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.
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."
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.
The attachment of three or more vessels together to an anchor
or mooring.
[Amended 3-25-2021 by L.L. No. 5-2021, effective 4-1-2021]
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.
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.
The line of the shore defined as that area where the water
meets the land at any given time or tide.
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.
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.
An area of surface water along the shoreline delineated by
buoys, lifelines or perimeter ropes for the purpose of recreational
swimming.
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.
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).
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.
The track left by a vessel in the water or under the water.
The owner of any residentially zoned property that includes
or adjoins mean high water and is thus entitled to riparian or littoral
access.
The towing of a person or persons on water skis, kneeboard,
wakeboard, tube, or other similar device by a line attached to a vessel.
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.
[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;
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:
(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.
A.
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.
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.
(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.
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.
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.
A.
Mooring permit required.
(1)
A mooring permit shall be required prior to any person:
(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.
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]
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:
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.
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.
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 established by Town
Board resolution; and
[Amended 11-20-2018 by L.L. No. 26-2018, effective 12-3-2018]
(10)
Other factual information as deemed necessary and
appropriate by the Director of the Division of Environmental Protection
of the Town of Brookhaven.
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.
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.
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.
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:
[Amended 12-19-2019 by L.L. No. 24-2019, effective 12-31-2019]
(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 or certified 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.
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.
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.
This chapter shall become effective immediately
upon filing with the Secretary of State of the State of New York.
