[HISTORY: Adopted by the Board of Trustees
of the Village of Northport 6-5-1984 by L.L. No. 4-1984 (Ch. 80 of
the 1966 Code). Amendments noted where applicable.]
The following words and phrases shall have the
meanings respectively ascribed to them in this section for the purpose
of this chapter:
A person appointed annually by the Mayor, subject to the approval of the Board of Trustees, having the authority to enforce the provisions of this chapter and to issue appearance tickets pursuant to § 9-2 of the Code of the Village of Northport. The Dockmaster(s) shall have such duties and be paid such a salary as the Board of Trustees determines from time to time.
A preprinted document, issued by the Dockmaster, bearing
the date of issuance and fee, if any, charged by the Dockmaster pursuant
to this chapter.
Any boat, vessel or watercraft used and designated for pleasure,
not including any boat, vessel or watercraft used or designated or
in any way engaged in commerce, industry, business or trade, including
but not limited to clamming, fishing or other shellfish or fish taking,
or transportation and rental uses.
The act of securing a vessel to another vessel when the other
vessel is secured to a dock, pier, bulkhead or float.
A.
Prohibited use. No person shall cause, suffer or permit
any boat, vessel or watercraft other than pleasure craft, as defined
herein, to tie to, moor to or lie alongside of any dock, pier, bulkhead
or float owned or maintained by the Village of Northport, at any time.
B.
Permitted use April 1 to October 31. Pleasure craft
may tie to, moor to or lie alongside of any dock, pier, bulkhead and/or
float owned and/or maintained by the Village of Northport, subject
to the following, during the period of April 1 to and including October
31:
(1)
Daytime limits. A pleasure craft may tie to, moor
to or lie alongside of any dock, pier or bulkhead during the period
from 8:00 a.m. to 8:00 p.m.
[Amended 3-5-2002 by L.L. No. 3-2002; 7-16-2002 by L.L. No. 11-2002; 5-20-2003 by L.L. No. 7-2003]
(2)
Nighttime limits.
(a)
A pleasure craft may tie to, moor to or lie alongside of any dock, pier or bulkhead between the hours of 8:00 p.m. and 8:00 a.m., prevailing time, provided that a fee in the amount as provided in Chapter 147, Fees, (as determined by the Dockmaster) has been paid; and provided, further, that in the event such pleasure craft is removed prior to 11:00 p.m. (and permit returned to the Dockmaster prior to departure) 50% of the aforesaid fee paid shall be refunded. Upon payment of said fee to the Dockmaster, the owner/operator of the pleasure craft shall attach the permit issued by the Dockmaster to the vessel on a prominently visible space. The owner/operator shall, at the time of payment of a fee and issuance of a permit, present his/her name, home and business address and telephone numbers to the Dockmaster and, upon demand, appropriate documents for the purposes of identification.
[Amended 4-7-1992 by L.L. No. 2-1992; 7-13-1993 by L.L. No. 4-1993; 8-17-1999 by L.L. No. 12-1999]
(b)
In addition to the foregoing, no pleasure craft
shall tie to, moor to or lie alongside of any dock, pier or bulkhead
for more than two consecutive nights, nor for more than two nonconsecutive
nights out of each 14 days.
(3)
Rafting. No more than one pleasure craft shall be permitted to raft to another pleasure craft that is tied to, moored to or lying alongside of any dock, pier, bulkhead or float. The owner/operator of such rafted pleasure craft shall obtain the permission of the owner/operator of the vessel that it is to be rafted to and the permission of the Dockmaster prior to rafting. Further, such rafted pleasure craft shall pay the appropriate fee [set forth in Subsection B(2) above] and shall likewise display the permit issued in the manner described in Subsection B(2) above.
[Amended 10-2-1984 by L.L. No. 9-1984]
(4)
Tie-up floats. A pleasure craft 12 feet and under may tie to, moor or lie alongside of any tie-up float not designated as a transient or landing float, provided that a permit has first been obtained from the Village Clerk reserving a tie-up place thereat for the season of May 15 to October 15. The fee shall be as set forth in Chapter 147, Fees, for the floats designated for pleasure craft 12 feet in length and under.
[Amended 8-17-1999 by L.L. No. 12-1999]
(5)
Landing float. A pleasure craft may tie to, moor to
or lie alongside of any landing float only for the period of time
necessary to take on or let off passengers, not to exceed 15 minutes.
(6)
Transient floats. A pleasure craft may tie to, moor
to or lie alongside of any float designated as a transient float for
no more than two consecutive hours.
[Amended 10-2-1984 by L.L. No. 9-1984]
(7)
Restrictions. The owner or operator of a pleasure
craft that ties to, moors to or lies alongside any dock, pier, bulkhead,
tie-up float, landing float or transient float or a pleasure craft
primarily rafted to another pleasure craft which is tied to, moored
to or lying alongside of any dock, pier, bulkhead, tie-up float, landing
float or transient float shall be prohibited from:
[Added 11-6-1984 by L.L. No. 10-1984]
(a)
Using and/or operating any exposed grill or
brazier, either gas-ignited, flame- or electrically ignited.
C.
Permitted use November 1 to March 30. Pleasure craft
may not tie to, moor to or lie alongside of any dock, pier, bulkhead
and/or float owned and/or maintained by the Village of Northport during
the period of November 1 to and including March 30, except in cases
of emergency with the approval of the Harbor Master or Chief of Police
of the Village of Northport, but in no case for more than two consecutive
hours. A permit shall be issued for such use by the Chief of Police
and/or Harbor Master, which shall be displayed in a prominently visible
space on the vessel.
D.
Liability. The tying, mooring or lying alongside of
any pleasure craft to a dock, pier, bulkhead and/or float owned and/or
maintained by the Village of Northport, notwithstanding the payment
of a fee and/or the issuance of a permit, shall be at the sole risk
of the owner/operator of the vessel. This subsection of this chapter
shall be printed, in bold letters, on each permit issued under this
chapter.
E.
Dinghy racks. No person shall cause, suffer or permit any boat, vessel or craft to be stored in a dinghy rack space located in the Village Park or at the James Street Pocket Park, unless a permit has been issued for such use by the Village Clerk upon payment of an annual fee as set forth in Chapter 147, Fees. Permits granting use of a dinghy rack space shall be issued annually for each calendar year. No person shall cause, suffer or permit any boat, vessel or craft to be stored at the James Street Pocket Park except in the dinghy racks provided by permit. Storage at the James Street Pocket Park dinghy racks shall be limited to residents only, with use of only one dinghy storage location per resident household, and may be used by the permittee throughout the calendar year. The dinghy rack space located in the Village Park shall only be available for use between April 1 and October 31 of each year.
[Amended 7-6-1999 by L.L. No. 9-1999; 8-17-1999 by L.L. No. 12-1999; 6-13-2000 by L.L. No. 12-2000]
F.
Removal. In the event that a boat, vessel or watercraft
is tied to a dock, pier, bulkhead or float owned or maintained by
the Village of Northport in violation of any of the provisions of
this chapter, said boat, vessel or watercraft may be removed by order
of the Chief of Police or his designated representative, at the owner's
cost and expense, to a private mooring if the owner thereof fails
to remove said boat, vessel or watercraft after due notice is given.
The Chief of Police may request the assistance of the Harbor Master
of the Village of Northport and agencies of another municipality,
the State of New York or the United States Government.
G.
In the event a vessel is disabled, the vessel may remain at such
public dock or float for a period not to exceed 24 hours with the
permission of the Harbor Master or Chief of Police of the Village
of Northport.
[Added 10-18-2016 by L.L.
No. 6-2016]
H.
In addition to the penalties provided herein for a violation of any
of the provisions of this article, the Harbor Master or the Northport
Police Department may cause a vessel which is tied or made fast to
a public dock or float in excess of 24 hours to be removed, stored
and/or secured at the expense of the owner or person in charge of
such vessel.
[Added 10-18-2016 by L.L.
No. 6-2016]
I.
In the event a vessel is disabled and the owner of the vessel claims "Safe Harbor" status, it shall be the discretion of the Harbor Master or Chief of Police to determine whether said vessel shall be permitted to remain at such public dock or float longer than the twenty-four-hour period allowed under § 123-2G.
[Added 10-18-2016 by L.L.
No. 6-2016]
[Added 5-20-1986 by L.L. No. 7-1986]
A.
Effective March 1, 1987, those residents of the Town of Huntington who have been permittees during the year 1986-1987 under § 123-2B(4) and E hereof may renew their permit for an additional year upon payment of the fee described in the applicable section, i.e., § 123-2B(4) or E, under which the subject permit has been issued. Said fee shall be paid during the week prior to and including March 1, 1987. Thereafter, said permit may be renewed for an additional year(s) upon payment of the said permit fee to the Village Clerk during the week prior to, and including, March 1 of the renewal year.
B.
Any unissued permits for tie-up float space or dinghy
rack space shall be made available on a random selection basis, first
to residents of the Town of Huntington and thereafter to nonresidents
of the Town of Huntington. The Village Clerk shall publish, during
the week following March 7 of each year, notice of availability. On
a date selected by the Village Clerk, within one week of the date
of public notice, the Village Clerk will accept applications for said
vacant space. The Village Clerk shall segregate applications from
Town of Huntington residents from those of nonresidents. If the number
of applications from Town of Huntington residents equals the number
of available spaces, permits will be thereupon issued to the applicants
by the Village Clerk. If the number of applications from Town of Huntington
residents exceeds the number of available spaces, permits will be
issued based upon a random selection process to be employed by the
Village Clerk. If the number of applications from Town of Huntington
residents is less than the number of available spaces, permits shall
first be issued to all Town of Huntington applicants. The remaining
available spaces shall thereupon be issued, on a random selection
process to be employed by the Village Clerk, to nonresidents of the
Town of Huntington.
[Amended 8-17-1999 by L.L. No. 12-1999]
Each violation of this chapter or of any regulation,
order or rule promulgated thereunder shall be punishable by a fine
not exceeding $250 or imprisonment for a term not to exceed 15 days,
or both such fine and imprisonment, for each offense, and each day
a violation continues shall be a separate offense. Further, the Village
may also enforce obedience to this chapter by injunction or by any
other available remedy.
