No person shall anchor any boat or vessel in any channel
or within 100 feet of any channel marker, buoy or other fixed navigation
aid or within 300 feet of lifelines maintained at any public beach.
Except when permitted in a federal anchorage area, no person shall
moor any boat or vessel in any channel or within 50 feet of the edge
thereof or within 50 feet of any channel marker, buoy or other fixed
navigation aid or within 300 feet of lifelines maintained at any public
beach.
Any vessel or float so moored or anchored in violation of this section or § 69-13 of this chapter may be removed by the Division of Harbor and Marine Enforcement or by the Marine Division of the Nassau County Police Department at the expense of the owner or person in charge of said vessel or float, such expense to be in addition to such penalties as may be imposed by this chapter and the laws of the United States and the State of New York.
[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 owner of any occupied or unoccupied barge, which
is to be anchored or moored within any waterway of the Town for more
than 10 consecutive days shall post with the Town Clerk a surety bond
payable to the Town of North Hempstead in the amount of $100,000 for
each barge so moored, said bond to be issued by a surety licensed
to do business in the State of New York.
In the event that a barge bonded in accordance with
the preceding subsection sinks or otherwise becomes unable to navigate
under its own power or with the assistance of tugboats, or causes
any damage to the property of the Town, the bond so posted shall be
forfeited to the Town of North Hempstead to aid in the removal of
the barge from the waterway and/or the repair of the Town's property.
The bond forfeiture shall not eliminate the owner's ultimate responsibility
to ensure the removal of the barge and/or for the repair of the Town's
property.
The surety on a bond issued pursuant to the above
subsections may immediately cancel such bond for any barges removed
from the waterways of the Town in the ordinary method of operation.
Section 69-12D shall not apply to barges, ships or boats owned or operated by common carriers engaged in interstate or foreign commerce nor shall it apply to pleasure craft used on a seasonal basis.
No boat shall be tied up or made fast to any
public dock or to other property of the Town for a longer continuous
period than 12 hours or in excess of the time indicated by the signs
when signs are posted by the Commissioner.
The discharge of off petroleum products, by-products
and other pollutants into or upon any water, waterways, beaches and
lands adjoining the shorefront under the jurisdiction of the Town
from any vessel, boat or terminal facility is prohibited.
All boats or vessels operating within the waters of
the Town shall fully comply with all federal and state laws and rules
and regulations of any appropriate federal and state agency having
jurisdiction thereof.
All oil companies and vessels using the waters under
the jurisdiction of the Town shall have available in appropriate locations
on their waterfronts and on board oil and other pollutant-carrying
vessels a minimum length of Bar Boom, United States Coast Guard Water
Pollution Barrier or similar floating oil retention boom system sufficient
to completely encircle the vessels or facilities and shall use it
when loading or unloading such vessel.
Every oil company operating a terminal facility in
the Town shall provide and designate a person in charge during the
transfer of any oil or petroleum products from a vessel to the terminal
facility. Such person shall be in charge and have authority to direct
the transferring operation, and in the event of a discharge or of
spillage, such person in charge shall be responsible for immediately
notifying and alerting the Commissioner and the United States Coast
Guard.
In the event of an oil spillage or discharge, the
oil company operating the terminal facility, the owner or person in
charge or the vessel captain shall immediately notify the United States
Coast Guard, and the Commissioner and shall forthwith assign its personnel
to install the water pollution barrier to contain the oil slick or
spillage and shall immediately undertake to remove such discharge
from the waters or shorelines of the Town. Notwithstanding the above
requirement, the United States Coast Guard On-Scene Commander or the
Commissioner may undertake whatever action he may deem to be appropriate
under the circumstances for the immediate removal of such discharge
and may contact and employ other persons who shall operate under the
direction of the Coast Guard On-Scene Commander or the Commissioner.
It shall be the responsibility of the oil company
owner, the person in charge or vessel captain to immediately notify
the Commissioner and the appropriate United States Coast Guard station
of the discharge of any pollutant. It is intended herein that all
spills are to be reported to the Coast Guard and the Commissioner.
The failure to report a discharge shall be deemed a violation of this
chapter.
Nondetergent chemical dispersants may be used only
after such dispersants shall have been approved for such use by the
appropriate federal agency having jurisdiction thereof.
The person, firm or corporation or association, owner,
lessee or user of the vessel or facility causing the spillage of oil
or other pollutant, resulting in an expenditure by the Town for the
use of its personnel and equipment, shall be liable to the Town and
shall reimburse the Town upon due notice for the expenditures of the
sums involved to remove the spillage and for any and all damage to
Town property.
No person, whether engaged in commerce or otherwise,
shall place, throw, deposit or discharge or cause to be placed, thrown,
deposited or discharged into the waters subject to the jurisdiction
of the Town, from any vessel, marina or mooring, any sewage or other
liquid or solid materials which render the water unsightly, noxious
or otherwise unwholesome so as to be detrimental to the public health
or welfare or to the enjoyment of the water for recreational purposes.
No person, whether engaged in commerce or otherwise,
shall place, throw, deposit or discharge or cause to be placed, thrown,
deposited or discharged into the waters subject to the jurisdiction
of the Town any litter from any vessel, marina or mooring.