The Town Board of the Town of North Hempstead finds and declares that it is in the best interests of the people of the Town that its waters and shorelines be preserved as a source of public and private recreation.
The Town Board further finds and declares that the preservation of this use is a matter of high urgency and priority and that such use can only be served by effectively preserving the shorelines, beaches and public and private land adjoining the shorefronts, taking into account the multiple use accommodations necessary to provide the broadest possible promotion of public and private interests.
The Town Board further finds and declares that the transfer of pollutants between vessels and between onshore facilities and vessels within the jurisdiction of the Town of North Hempstead's waters is a hazardous undertaking; that spills, discharges and escape of pollutants occurring as a result of procedures involved in the transfer, storage and transportation of such products pose threats of great danger and damage to the environment of the Town, to the owners and users of shorefront property, to public and private recreation, to the citizenry of the Town and other interests deriving livelihood from marine-related activities; that such hazards have occurred in the past and present future threats of potential catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the Town as hereinafter set forth; and that such Town interests outweigh any economic burdens imposed by the Town Board upon those engaged in transferring pollutants and related activities.
The Town Board further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the Town in promoting health and providing for the public safety and that the Town's interest in such preservation outweighs any burdens of absolute liability imposed by this chapter upon those engaged in transferring pollutants and related activities.
The Town Board further declares that it is the intent of this chapter to support and implement federal and state laws now or hereafter to be enacted to prevent discharges of pollutants upon Town waters and to ensure timely, efficient, coordinated, effective action to minimize damage resulting from pollution from oil and other discharges.
The Town Board further finds that the interests of the residents will best be served by comprehensive regulation to ensure that boats which are used upon the waterways of the Town are operated in a safe manner.
For the purposes of this chapter, the terms used herein are defined as follows:
- ABANDONED VESSEL
- Any boat or vessel which is not kept afloat so that it rises and falls with the tides or which does not have its lowest deck clear of the water or is not free of contact with the land below said mean high-water mark during a consecutive forty-eight-hour period.
- ANCHOR OR ANCHORING
- The attachment of or to attach a vessel to the ground by means of tackles designed so that when such attachment is terminated, the tackle in its entirety is removed from the ground and taken under the control of the vessel.
- BOAT or VESSEL
- Includes every description of watercraft or other contrivance used or capable of being used as a means of transportation on water, whether self-propelled or otherwise, and includes barges, tugs and tankers and shall include any aircraft capable and designed to land on the water.
- CHANNEL or CHANNEL SYSTEM
- Main channels and cross channels connecting with them as delineated by navigation buoys (placed by the United States Coast Guard or the Town of North Hempstead).
- Commissioner of Planning and Economic Development.[Amended 2-10-1998 by L.L. No. 6-1998; 10-22-2002 by L.L. No. 15-2002]
- Any loose material not attached to the land or to any structure
and which is capable of becoming drift.[Added 10-4-1983 by L.L. No. 8, 1983]
- DIRECTOR OF HARBOR AND MARINE ENFORCEMENT
- The person designated by the Commissioner of Public Safety
as the manager of the Division of Harbor and Marine Enforcement.[Added 6-29-2010 by L.L. No. 9-2010]
- Includes but is not limited to spilling, leaking, pumping, pouring, emitting, emptying, seeping or dumping.
- Any floatable material which may cause damage to vessels.[Added 10-4-1983 by L.L. No. 8, 1983]
- MOOR or MOORING
- The attachment of a vessel to a pier or dock or other structure or the attachment of a vessel to the ground by means of tackle so designed that when such attachment is removed and terminated, some portion of the tackle remains attached to the ground and is not taken under the control of the vessel.
- Oil of any kind or in any form, including but not limited to petroleum, fuel oil, sludge, oil refuse and oil mixed with wastes other than dredged spoil.
- Includes the person under whose name the vessel was last registered with the United States Coast Guard or the New York State Department of Motor Vehicles or under the laws of another state, and in any case the last known owner or the person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitles him to such possession.
- PERSON IN CHARGE
- The person on the scene who is in direct responsible charge of a terminal facility or vessel from which oil or other pollutants are discharged when the discharge occurs.
- Include but are not limited to oil of any kind and in any form, gasoline, pesticides, ammonia, chlorine and other hazardous or noxious material.
- PUBLIC BEACH
- A beach open to at least all residents of the Town of North Hempstead.
- REMOVE or REMOVAL
- Refers to the removal of oil or other pollutants from the water and shorelines or the taking of such other actions as may be necessary to minimize or mitigate damage to the public health or welfare, including but not limited to fish, shellfish, wildlife and public and private property, shorelines and beaches.
- SKIN OR SCUBA DIVING
- Includes any person swimming with the intent to explore or photograph any waters or to hunt fish therein, using any self-contained underwater breathing apparatus commonly known as an "aqualung," but shall not include bona fide salvage or other commercial operations displaying proper signals.
- TERMINAL FACILITY
- Any waterfront facility of any kind and related appurtenances located on land or water, including submerged lands, or on or under the surface of any kind of water, which facility and related appurtenances are used or are capable of being used for the purpose of storing, pumping, handling, transferring, processing or refining oil or pollutants, including but not limited to any such facility and related appurtenances owned and operated by a public utility or a governmental or quasi-governmental body.
- The Town of North Hempstead.
Editor's Note: The former definition of "Harbor Master," which immediately followed this definition, was repealed 6-29-2010 by L.L. No. 9-2010. See now the definition of Director of Harbor and Marine Enforcement.
This chapter shall apply to all waters and waterways under the jurisdiction of the Town except when preempted by the laws of the United States or of the State of New York.
The taking of shellfish from Town-owned lands and Town-owned lands underwater is prohibited except by special permission from the Commissioner, issued after consultation and permission from the Division of Parks and Recreation within the New York State Department of Environmental Conservation.
[Amended 2-10-1998 by L.L. No. 6-1998; 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]
The Division of Harbor and Marine Enforcement and the Marine Division of the Nassau County Police Department shall enforce all sections of this chapter. Both agencies are authorized to issue and serve appearance tickets for offenses under this chapter as provided for in Chapter 4 of the Town Code.