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
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]
DEBRIS
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]
DISCHARGE
Includes but is not limited to spilling, leaking, pumping,
pouring, emitting, emptying, seeping or dumping.
DRIFT
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
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.
OWNER
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.
POLLUTANTS
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.
TOWN
The Town of North Hempstead.
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.