A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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:
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.
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.
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.
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]
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.[1]
[Added 10-4-1983 by L.L. No. 8, 1983]
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.
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.
A beach open to at least all residents of the Town of North
Hempstead.
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.
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.
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.
[1]
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.
