As used herein, unless specifically provided
otherwise, the following definitions shall be understood and applied:
In all navigable waters within the harbor line where such
waters abut property which has been zoned for business, manufacturing
or industrial use, in the absence of any other pierhead line fixed
by the Village, there is deemed to have been established a pierhead
line parallel with the property or bulkhead line adjoining such water
and removed from such property or bulkhead line a distance equal to
20% of the width of said navigable water at the point in question,
said distance, however, not to exceed 25 feet.
All of the navigable waters located within the boundary lines
of the Village are hereby established as a marine regulation zone,
and the outermost limits thereof constitute the harbor line of the
Village. Included therein but not necessarily limited thereto are
the waters of Milburn Creek, West End Canal, Cary Canal, Albert Canal,
Hampton Canal, Florence Canal, Glovers Canal, Baldwin Bay, Nassau
Channel, Miller Channel, Little Swift Creek, Randall Bay, Freeport
Bay, Woodcleft Bay, Woodcleft Canal, The Narrows, Grove Channel, Woodcleft
Basin, Sportsman's Channel, East Channel, Emories Channel, Gordon
Channel, Hudson Bay, Hudson Channel and four channels running easterly
therefrom lying between East Bedell Street and West Fourth Street,
Freeport Creek, Smith Creek and Freeport Stadium Creek.
Any premises, terrestrial or subaqueous, which abut oil,
extend into or are bounded by the navigable waters within the harbor
line.
No person shall discharge a toilet or deposit
or cause the deposit of any sewage, offal, ashes, garbage, waste or
other offensive or rejected materials, either from shore or from any
undocumented vessel, into any of the waters within or bounding the
Village to a distance of 1,500 feet from the shore.
Regular inspection shall be made, by the Superintendent
of Buildings, of waterfront properties, their structures and appurtenances
to determine their condition and methods of operation having regard
to factors of safety, health and general welfare in every way and
in particular as provided herein.
If defects or violations of law or ordinance are found upon the inspection provided for in § 205-3, notice shall be served upon the owner of the property involved with directions to amend the same in the manner to be specified in the notice. Failure to comply shall constitute a violation hereof.
The owner, lessee or occupant of waterfront
property shall keep the same cleaned and in good repair, and he shall
keep the slips adjacent thereto properly dredged so as not to constitute
a menace to navigation or to the health and well-being of the community
or in any way be a nuisance.
No cargo, goods or merchandise shall be discharged
upon any pier, bulkhead, wharf structure or marginal street, wharf
or place after the Superintendent of Buildings has posted publicly
or served upon the owner, consignee, master or other officer of any
vessel or stevedore or other carrier notice the said structure or
street will be endangered by the placing of such cargo, goods or merchandise
thereon.
In order that pavements and cover plates of
marginal streets, wharves and other places shall not be damaged, cargo,
goods or merchandise in excess of 12 tons in weight shall not be transferred
on any truck upon or over any marginal street, wharf or place, except
by special license or permission of the Mayor upon certification by
the Highway Superintendent that injury will not be caused thereby,
nor shall cargo, goods or merchandise in excess of 1,000 pounds weight
per square foot be placed or stacked upon any marginal street, wharf
or place, except by special license or permission of the Mayor if
upon inspection it shall be found that such act will not be adverse
to public health, welfare or safety.
To provide uniformity of property lines and
assure compliance with the established rules of construction, maintenance
and operation of structures, no person, unless he shall have filed
application therefor setting forth all details as to purpose and design
with the Superintendent of Buildings and received from him a permit
for such purpose, shall erect or maintain:
A.
Between property line and pierhead line. Between the
property line and the pierhead lines, as herein established, any shed,
building, office, tally house, booth, platform or stand or place or
maintain or cause any derrick, hoisting mast, coal hopper, sign or
advertising device or obstruction of any kind or drive or cause any
piles to be driven or make or cause any filling in or construction,
repairs, alterations, removals, dredging or demolition of any kind
to be made.
B.
Upon pier or bulkhead. Upon any pier or bulkhead,
any shed, storage building or other structure to receive or discharge
cargo or for any other purpose.
C.
Upon waterfront property. Upon any waterfront property,
any platform, shed, stand or other structure suitable for the business
of the wholesale or retail fish trade for any similar purpose.
