[HISTORY: Adopted by the Board of Trustees
of the Village of Port Jefferson 10-1-2001 by L.L. No. 18-2001.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
former Ch. 95, Boats and Boating, adopted as Ch. 28 of the 1970 Code,
as amended.
A.
The Village of Port Jefferson's shoreline bounds the
waters of the Port Jefferson Harbor Complex (hereinafter referred
to as the "Harbor Complex"). The Harbor Complex is an attractive place
to live or visit due to the harbor's excellent conditions to moor,
anchor, and operate vessels, the bustling commercial waterfront area,
and the high quality of the harbor's beaches, wetlands, habitats,
surface waters, and coastal landscape. The Harbor Complex contains
a regionally significant commercial port and wildlife resources and
habitats of local, state, and federal significance.
B.
The authority to regulate the surface waters of the
Harbor Complex is held by five separate municipalities. This circumstance
of multiple jurisdictions necessitates a coordinated, intermunicipal
approach to insure adequate management of the Harbor Complex.
C.
In recognition of the need for a coordinated, intermunicipal
approach to manage the Harbor Complex, the Village of Port Jefferson
joined with the Town of Brookhaven and the Villages of Belle Terre,
Old Field, Poquott and Port Jefferson to prepare and adopt the Port
Jefferson Harbor Complex Harbor Management Plan (hereinafter referred
to as the "Harbor Management Plan"). Consistent with the recommendations
of the Harbor Management Plan, the Village of Port Jefferson declares
that the purpose of this chapter is to implement the intermunicipal
agreement between the Town of Brookhaven and the Villages of Belle
Terre, Port Jefferson, Old Field and Poquott, and to establish uniform
definitions, standards, requirements, and procedures for safe operation
of vessels, and mooring and anchorage of vessels within the waters
of the Harbor Complex. The intent of this chapter is to insure that
the Harbor Complex remains an attractive place to live and visit,
and to insure its continued economic and environmental vitality for
current and future generations by:
(1)
Minimizing user conflicts through efficient use and
equitable allocation of the waters of the Harbor Complex for a variety
of commercial, industrial, and recreational uses;
(2)
Enhancing public and vessel safety;
(3)
Improving conditions for navigation for all user groups
by insuring safe and unencumbered navigation for all vessel types
and sizes;
(4)
Protecting and enhancing high-quality natural resource
values by minimizing impacts from uses on natural resources and water
quality;
(5)
Insuring access to and protecting marketable shellfish
resources;
(6)
Better protecting privately owned shoreline property.
This chapter shall be known as and may be cited
as the "Village of Port Jefferson Harbor Complex Waterway Law."
A.
Pursuant to the provisions of New York State Executive
Law Article 42, New York State Navigation Law §§ 46
and 46-a, and New York State Municipal Home Rule Law § 10,
the Village of Port Jefferson, County of Suffolk, State of New York,
hereby enacts this chapter.
B.
The Surface Water Use Chart dated June 2000, and any
amendments thereto, on file in the office of the Town of Brookhaven
Division of Environmental Protection, is hereby adopted, incorporated
and made a part of this chapter.
For the purpose of this chapter, the following
terms and phrases shall be given the meanings indicated as follows:
Any vessel that is not properly secured or attached to a
mooring which is not properly maintained.
Surface waters that provide for unobstructed movement and free passage of vessels, as described in § 95-5 of this chapter and depicted on the Surface Water Use Chart.
A specially shaped, weighted device designed to dig efficiently
into the underwater lands and hold a vessel within a given radius
despite winds and currents.
The act of securing a vessel for a temporary period of time
to the underwater lands, by dropping an anchor or other device, other
than a mooring, to underwater lands.
A commercial vessel/boat used primarily for the transporting
of goods on waterways, usually propelled by towing.
An area, as described in § 95-5 of this chapter and depicted on the Surface Water Use Chart, designated for the mooring of barges.
The act of driving or pulling a vessel onto the shoreline.
See "vessel."
Any vessel operated for a fee, excluding charter boats, liveries
or water taxis, and excursion boats.
An area specifically for the mooring of vessels, as described in § 95-5 of this chapter and depicted on the Surface Water Use Chart.
A program operated by a private, municipal, or not-for-profit
organization or educational institution for the purpose of teaching
sailing and boating skills.
The federally designated channel within the Harbor Complex
as authorized by the United States Congress in 1890, delineated on
the NOAA Chart and as shown on the Surface Water Use Chart.
Areas for specified uses as described in § 95-5 of this chapter and depicted on the Surface Water Use Chart.
An association of homeowners who own waterfront property
within the Port Jefferson Harbor Complex that is owned, in common,
by the members.
The act of securing a vessel in or upon the water by attaching
a vessel to the ground or lands under water by means of a mooring.
A semi-permanent anchorage system which, by design, is not
normally retrieved when a vessel leaves the anchorage system. A mooring
includes, but is not limited to, a system consisting of an anchor,
weight or other device attached to a length of chain and/or line secured
to a float or buoy.
Required written authorization to place a mooring on any
underwater lands within the Harbor Complex as specified in this chapter.
The period of time from March 1 through December 15, inclusive,
of the same calendar year.
Any assemblage of hardware, rope, line, wire or chain that
is used to secure a mooring anchor, weight or other device to a buoy
or vessel.
An area that is environmentally sensitive, as described in § 95-5 of this chapter and depicted on the Surface Water Use Chart.
Any individual, public or private corporation, firm, association,
partnership, political subdivision, government entity, or any other
legal entity.
Any material or combination of material, including but not
limited to bottles, glass, cans, junk, paper, scrap metal, garbage,
rubbish, or trash, or any untreated sanitary waste, oil or gas which,
because of its quantity, concentration or physical, chemical or infectious
characteristics, may cause or significantly contribute to an increase
in mortality or an increase in serious irreversible or incapacitating
reversible illness to marine life; or pose a substantial present or
potential hazard to public health, safety or the environment; or render
the water unsightly, noxipus or otherwise unwholesome so as to be
detrimental to the public health, safety, welfare or to the enjoyment
of the waters of the Harbor Complex.
The surface waters of Port Jefferson Harbor, Setauket Harbor,
Little Bay, Conscience Bay, the Narrows and 1,500 feet north of Mount
Misery extending west following the shoreline to 1,500 feet northwest
of Old Field Point, also known as the "Harbor Complex."
The plan prepared for the Port Jefferson Harbor Complex dated
March 1999, adopted by the Town of Brookhaven and the Villages of
Belle Terre, Old Field, Poquott and Port Jefferson.
The attachment of two or more vessels together to an anchor
or mooring.
Any person who has his principal place of abode and domicile
in the Village of Port Jefferson and/or any person who owns real property
within the Village of Port Jefferson.
An area designated for the protection of shellfish resources, as described in § 95-5 of this chapter and depicted on the Surface Water Use Chart.
The line of the shore defined as that area where the water
meets the land at any given time or tide.
The rate at which a vessel travels over the surface of the
water, measured by the distance traveled in miles per hour or parts
thereof.
A chart of the surface waters and underwater lands and delineated
use areas within the Port Jefferson Harbor Complex, within the Town
of Brookhaven, and all surface waters within 1,500 feet from the shore
bounding or bordering from the Village of Belle Terre, Village of
Old Field, Village of Poquott and Village of Port Jefferson, prepared
pursuant to the Port Jefferson Harbor Complex Harbor Management Plan
dated June 2000, and any amendments thereto, on file in the office
of the Town of Brookhaven Division of Environmental Protection.
An area of surface water along the shoreline delineated by
buoys, lifelines or perimeter ropes for the purpose of recreational
swimming.
The area that a vessel, secured to a mooring or anchor, can
or may traverse as it rotates around a mooring or anchor in response
to winds and currents.
All banks, bogs, meadows, flats and tidal marshes subject
to tides and upon which grow the following vegetation, but not limited
to salt meadow grass (Spartina patens), salt grass (Distichlis spicata),
or salt marsh cordgrass (Spartina alterniflora).
Every description of watercraft or other contrivance used
or capable of being used as a means of transportation in or on the
water, including aircraft such as seaplanes, personal watercraft,
and specialty prop-craft as defined under New York State Navigation
Law § 2 and any amendments thereto.
The track left by a vessel in the water or under the water.
The owner of any residentially zoned property that includes
or adjoins mean high water and is thus entitled to riparian or littoral
access.
The towing of a person or persons on water skis, kneeboard,
wakeboard, tube, or other similar device by a line attached to a vessel.
A.
Access lanes. The following access lanes are hereby
established, as described herein and depicted on the Surface Water
Use Chart:
(1)
Conscience Bay/The Narrows access lane: located west
of the Federal Navigation Channel generally in an east/west direction
for approximately 1.2 miles at a constant width of 100 feet.
(2)
Setauket Harbor access lane: generally located west
of the Federal Navigation Channel, extending in an east/west direction
for approximately .57 mile, at a constant width of 100 feet. The total
distance of the access lane is 1.04 miles.
(3)
Belle Terre access lane: located east of the barge
mooring area and the southeast mooring area, extending in a southern
direction parallel to the western shore of Belle Terre for approximately
.87 mile at a constant width of 100 feet.
B.
Mooring areas. The following areas are hereby established
as designated mooring areas, as described herein and depicted on the
Surface Water Use Chart:
(1)
Barge Mooring Area: located east of the Federal Navigation
Channel in the northeast portion of Port Jefferson Harbor and southwest
of Pirates' Cove.
(2)
Educational Sailing Program Mooring and Operation
Area: located east of the Federal Navigation Channel in the southeast
part of Port Jefferson Harbor.
(3)
Northeast Mooring Area: located east of the Federal
Navigation Channel in the northeast corner of Port Jefferson Harbor
in an area locally known as Pirates' Cove, The Hole, or Seaboard Cove.
(4)
Northwest Mooring Area: located west of the Federal
Navigation Channel in Port Jefferson Harbor, generally south of the
Conscience Bay/Narrows Access Lane.
(5)
Setauket Harbor: located west of the Federal Navigation
Channel in Setauket Harbor along the shorelines of Strong's Neck and
Poquott Village.
(6)
Southeast Mooring Area: located east of the Federal
Navigation Channel comprising a significant portion of the eastern
part of Port Jefferson Harbor.
(7)
Southwest Mooring Area: located west of the Federal
Navigation Channel in Port Jefferson Harbor along the eastern shoreline
of the Village of Poquott.
[Amended 9-20-2004 by L.L. No. 6-2004]
A.
No person shall operate any vessel in excess of 30 miles per hour in any waters of the Harbor Complex except as provided in Subsection C below.
B.
No person shall operate any vessel in excess of five miles per hour, or in such a manner that an excessive or destructive wake is created within the following areas, except as provided in Subsections C and D below:
(1)
The Federal Channel, south of the line originating
at the northernmost point of the western jetty.
(2)
All of the area located within an area generally located
between the two jetties at the entrance to Port Jefferson Harbor and
described as follows: Originating at the northernmost point of the
eastern jetty thence heading southerly along the jetty and shoreline
to the southernmost point of the shoreline south of the eastern jetty
and thence heading westerly to the southernmost point of the shoreline
south of the western jetty thence heading north along the shoreline
and western jetty to the northernmost point of the western jetty thence
easterly to the point of origin.
(3)
Any access lane;
(4)
Setauket Harbor;
(5)
Conscience Bay;
(6)
Little Bay;
(7)
The Narrows, from the western end of Conscience Bay-Narrows
Access Lane to Conscience Bay,
C.
Law enforcement and emergency vessels. All federal,
state and local law enforcement and emergency vessels shall be exempt
from all set speed limits while engaged in the performance of their
official duties.
D.
Exceptions:
(1)
Commercial vessels, as defined under this chapter,
shall adhere to all speed limits as set forth in this section except
when wind, weather or sea conditions require the use of a higher speed
for safe piloting, and provided that:
(2)
Waterskiing. Within Conscience Bay or Little Bay a
vessel may operate at a maximum speed of up to 30 miles per hour,
provided such vessel is actually engaged in waterskiing as defined
under this chapter.
A.
In accordance with the Town of Brookhaven Port Jefferson Harbor Complex Waterway Law, and any amendments thereto, except as set forth in Subsection B, the anchoring of any vessel shall be prohibited within:
(1)
Any area such that the swing radius allows the vessel
to be within 100 feet of any swimming area;
A.
Prudent operation. Within all waters of the Harbor
Complex, no person shall operate or maneuver any vessel in an unreasonable
manner that may result in endangering or causing injury or damage
to, or placing at risk, any person, property or the environment. The
term "maneuver" shall include but not be limited to:
(1)
Weaving through congested traffic;
(2)
Jumping the wake of another vessel at a distance unreasonably
or unnecessarily close to such vessel;
(3)
Jumping the wake of another vessel when such vessel's
visibility is obstructed;
(4)
The operation of a vessel unreasonably close to another
vessel so as to create the possibility of a collision.
C.
Pollution. No person shall discharge at any time any
untreated sanitary waste or other pollutants, as defined in this chapter,
within any area of the Harbor Complex.
D.
Noise.
(1)
No person shall operate a vessel with an outboard
or an inboard motor unless equipped with an adequately muffled exhaust,
as set forth in Navigation Law § 44, and any amendments
thereto.
(2)
Noise-producing instruments and activities.
(a)
No person shall use any noise-producing or noise-amplifying
instrument on any vessel in such a manner that it endangers the safety
or health of any person, or disturbs a reasonable person of normal
sensitivities, or endangers personal or real property.
(b)
No person shall engage in any activity or cause any
noise disturbance that disturbs the reasonable quiet, comfort or repose
of occupants of adjacent vessels or adjacent shorefront residences
between the hours of 11:00 p.m. and 6:00 a.m., prevailing time.
(3)
No person shall run or operate any vessel engine where
the decibel level exceeds the recommended levels as per New York State
Navigation Law Article 4, and any amendments thereto.
E.
Beaching. No person shall beach any vessel in an area
containing vegetated tidal wetlands, as defined under this chapter,
or in such a manner as to cause damage or harm to any vegetation.
F.
Interference with markers. No person shall interfere,
damage, deface or otherwise cause harm to any navigation aid, including
but not limited to buoys, beacons or other fixed objects in the water
which are used to mark obstructions or provide information or direct
navigation through safe channels.
G.
Waterskiing.
(1)
No person shall water-ski within 300 feet of the shorelines
of Conscience Bay or Little Bay.
(2)
No person shall engage in waterskiing in any area
of the Harbor Complex during the period from sunset to sunrise.
(3)
No person shall operate a vessel for waterskiing in
any area of the Harbor Complex unless there is in such a vessel a
person, other than the operator, at least 10 years of age, in a position
to observe the person being towed.
A.
Designated mooring areas and restrictions.
(1)
The mooring of any vessel or the placement, location
or installation or use of any mooring within the Harbor Complex shall
only be permitted within a designated mooring area, as described under
this chapter and depicted on the Surface Water Use Chart, and in accordance
with the Town of Brookhaven Port Jefferson Harbor Complex Waterway
Law and any amendments thereto.
B.
Barge Mooring Area. Within the designated Barge Mooring
Area, permitted barge moorings shall have the right to remain in place,
at the authorized location, for the permitted year. The Harbormaster
or Bay Constable may require barge moorings to be removed and inspected
on an annual basis if deemed necessary.
C.
Educational Sailing Program Mooring and Operation
Area. Within the designated educational sailing program area, moorings
shall only be permitted for use by educational sailing programs.
D.
Shellfish protection areas. In accordance with the
Town of Brookhaven Port Jefferson Harbor Complex Waterway Law and
any amendments thereto, within any designated shellfish protection
area, the anchoring or mooring of any vessel or any form of disruption
or any disturbance to the bottom or underwater lands shall be prohibited.
E.
Restricted use of Belle Terre Access Lane. No person
shall operate any vessel exceeding 30 feet in length within any surface
waters within the Belle Terre Access Lane, as described under this
chapter and depicted on the Surface Water Use Map.
A.
Mooring permits required.
(1)
A mooring permit, in accordance with the Town of Brookhaven
Port Jefferson Harbor Complex Waterway Law and any amendments thereto,
shall be required prior to any person:
(2)
Exceptions. A mooring permit shall not be required
for:
(a)
Any mooring temporarily installed to facilitate
approved dredging, approved dock construction or other approved water-related
work projects.
(b)
Any mooring installed in a Town of Brookhaven
approved mooring franchise area, provided the installation is performed
by the franchisee pursuant to an authorized franchise agreement between
the Town and the franchisee.
(3)
A permit obtained from the Town of Brookhaven does
not relieve a person of the necessity to obtain a permit or approval
as required by any other governmental entities.
D.
Display of permit number. Mooring permit identification
numbers must be clearly displayed, not less than three inches in height,
on the buoy or float attached to the mooring tackle. A copy of the
permit placard issued by the Town of Brookhaven must be clearly posted
on any vessel attached to a mooring in such a manner that allows the
Harbormaster or Bay Constable to identify and compare the permit identification
numbers on the mooring buoy to the moored vessel.
E.
Nontransferability of mooring permit. Any person holding
a mooring permit shall not transfer the permit to any person without
the written consent from the Town of Brookhaven.
F.
Acceptance of mooring permit. Acceptance of a mooring permit shall constitute an agreement and acknowledgement that the permit owner will hold the Town of Brookhaven and its authorized representatives completely harmless for any liability or expenses incurred in connection with the mooring and/or the removal, storage, impounding or towing of the mooring or moored vessel as set forth in § 95-14 of this chapter.
G.
Revocation of mooring permit. The Town of Brookhaven
may suspend, revoke or refuse to renew any mooring permit upon a showing
that the permit owner failed to comply with the provisions of this
chapter. Prior to the Town revoking or refusing to renew any mooring
permit, written notice shall be sent to the permit owner, by certified
or registered mail, to the address provided on the last application.
The written notice shall set forth the reasons for such revocation
or nonrenewal and provide the permit owner an opportunity to present
any evidence regarding the revocation or nonrenewal. Nonuse of an
assigned mooring location for a period of 120 consecutive days may
constitute a sufficient basis for such revocation or nonrenewal. Any
revocation or nonrenewal shall be effective 48 hours after the Town's
decision, and the permit owner shall remove said vessel or mooring
within that time period. Failure to remove the vessel shall be a violation
of this chapter.
A.
Vessel restrictions. No person shall secure a vessel
to any mooring in a manner that causes such vessel to interfere with
or be within:
B.
Nonauthorized use of moorings. No person shall rent,
lease or accept any monetary consideration for the use of any installed
mooring except pursuant to an authorized franchise or lease agreement
between the Town and the franchisee or lessee.
C.
Minimum mooring tackle standards.
(1)
Mooring installation.
(a)
No person shall install, place or cause to be
placed any mooring within the Harbor Complex unless such mooring is
of sufficient size, strength and condition to hold the moored vessel
safely in severe storm conditions.
(b)
All installed moorings must include a nonmetallic
mooring buoy and a pennant float, commonly known as a "pick up stick."
(2)
Mooring use. No person shall secure any vessel to
an installed mooring unless the mooring tackle is of sufficient size
and strength to hold the moored vessel.
D.
Mooring maintenance required.
(1)
All mooring owners shall be:
(a)
Responsible for maintaining their mooring lines,
tackle and chafe gear in order to provide for the safe and secure
mooring of their vessels; and
(b)
Liable for any damage caused to their own vessel
or to any other vessel resulting from the mooring owners reckless
action or negligence in maintaining any mooring lines, tackle and
chafe gear.
(2)
Upon the failure of any person to provide for the
safe and secure mooring of any vessel, the Town of Brookhaven may
properly secure such vessel. The failure of any person to provide
for the safe and secure mooring of any vessel will result in such
person being responsible and liable for all costs, including but not
limited to labor, materials and administrative fees, incurred by the
Town of Brookhaven in properly securing the vessel.
E.
Expiration of mooring season.
(1)
Except as set forth in Subsection E(2) herein, within five days of the expiration of the mooring season, as defined under this chapter, all moorings and mooring tackle must be removed by the owner. The failure to remove any mooring or mooring tackle may result in the Town of Brookhaven removing such mooring and mooring tackle, and the permit owner or registrant shall be responsible for all costs incurred by the Town of Brookhaven for the removal of such mooring and/or mooring tackle, in addition to any fines for any violations of this chapter.
F.
Mooring inspection. The Harbormaster, Bay Constable
or other duly authorized employee of the Town of Brookhaven, or other
qualified professional, is authorized to inspect any mooring tackle
placed within any area of the Harbor Complex either prior to installation
or after removal of such mooring at the end of the mooring season.
If at any time during the mooring season visual wear to the pennant
or mooring buoy is observed by the Harbormaster or Bay Constable that
would render such mooring unsafe, the mooring owner will be responsible
for repairing or replacing the worn equipment at the owner's sole
expense.
In accordance with the Town of Brookhaven Port
Jefferson Harbor Complex Waterway Law, any person proposing to place
or causing to be placed a mooring within the Port Jefferson Harbor
Complex shall file a permit application with the Town of Brookhaven
Division of Environmental Protection on forms promulgated by the Town
of Brookhaven Director of the Division of Environmental Protection.
The granting, denying or conditioning of any mooring permit shall
be in accordance with the Town of Brookhaven Port Jefferson Harbor
Complex Waterway Law and any amendments thereto.
Any person or applicant may appeal any decision
regarding issuance or denial of a mooring permit to the Town Board
of the Town of Brookhaven. Said appeal must be taken within 30 days
of the Director's decision and made to the Town Clerk upon such forms
promulgated by the Town Clerk of the Town of Brookhaven. Any person
aggrieved by any decision of the Town Board of the Town of Brookhaven
may apply to the Supreme Court for relief by a proceeding under Article
78 of the Civil Practice Law and Rules within 30 days of the filing
of such determination in the office of the Town Clerk.
A.
Failure to obey.
(1)
No person shall willfully fail to obey any sign, notice,
signal, control device or buoy placed or erected within the Harbor
Complex.
(2)
No person shall fail to comply with any lawful order
or direction of any harbormaster, bay constable, police officer or
other person duly empowered and authorized to enforce the provisions
of this chapter or duly authorized to insure the free and safe navigation
of waters within the Harbor Complex.
B.
Penalties. Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in § 1-2 of the Code of the Village of Port Jefferson.
[Amended 1-5-2015 by L.L.
No. 1-2015]
C.
Towing and removal of vessels.
(1)
To insure the free and safe navigation of waters within
the Harbor Complex, the Harbormaster, Bay Constable, police officer,
or other duly authorized person shall have the authority to tow, seize
and impound:
(a)
Any vessel moored or anchored in violation of
any provision of this chapter, or the Town of Brookhaven Port Jefferson
Harbor Complex Waterway Law, and any amendments thereto; or
(b)
Any moored or anchored vessel or barge, float,
raft or other floating conveyance that presents a hazard to the public
health, welfare and safety or interferes with the free and safe navigation
of the waters within the Harbor Complex.
(c)
Any mooring installed, placed, or located in
or upon any surface waters within the Harbor Complex in violation
of any provision of this chapter or the Town of Brookhaven Port Jefferson
Harbor Complex Waterway Law, and any amendments thereto.
(2)
The Town of Brookhaven may retain any impounded mooring,
boat, vessel, barge, raft, float or any other object impounded, until
any fees, costs and expenses incurred by the Town, or any fines or
penalties imposed by the court arising from any violation, have been
paid.
(3)
In addition to any fines that may incur as a result
from any violation of this chapter, the vessel owner, operator, or
person in control of the vessel shall be responsible and liable for
any removal fees, towing and storage expenses and administrative expenses
incurred by the Town of Brookhaven in removing said vessel. The Town
of Brookhaven may retain any vessel, mooring float, raft or other
floating conveyance, until such time as the owner or operator of said
vessel reimburses the Town for any and all costs and expenses incurred.
(4)
In accordance with the Town of Brookhaven Port Jefferson Harbor Complex Waterway Law and any amendments thereto, any vessel, mooring, float, raft or floating craft not redeemed within 60 days from the date of impoundment shall be deemed to be abandoned and disposed of in accordance with the provisions of Subsections D and E below.
D.
Abandoned vessels.
(1)
To insure free and safe navigation of waters within the Harbor Complex, the Harbormaster, Bay Constable, police officer, or other duly authorized person may seize and impound any abandoned vessel located within the waters of the Harbor Complex and dispose of such vessel in accordance with the provisions of Subsection E herein. The vessel owner shall be responsible for any and all costs and expenses incurred by the Town of Brookhaven as a result of impounding and storing such vessel.
(2)
Sale of abandoned vessels.
(a)
Prior to the sale of any abandoned vessel, the Town of Brookhaven shall make an inquiry as to the vessel's last owner as provided in Subsection E herein.
(b)
Exception. Any vessel, taking into consideration
its condition, having been determined to have a wholesale value of
$200 or less, or which is not suitable for operation on the waters
within the Harbor Complex, shall be disposed of without prior notice.
E.
Disposal of impounded vessels and moorings. In accordance with the Town of Brookhaven Port Jefferson Harbor Complex Water Law and any amendments thereto, upon seizing and impounding any vessel or mooring pursuant to Subsection C or D, the Town shall:
(1)
Make an inquiry as to the last known address of the
owner of the impounded vessel and/or mooring by checking the vessel
registration numbers or the last known mooring permit application;
and
(2)
Notify the last owner by registered mail that the
vessel and/or mooring has been impounded and that the failure to reclaim
the vessel or mooring within 45 days from the date of the notice will
result in the said vessel or mooring being sold at public auction;
or
(3)
If the vessel owner cannot be determined, then the
Town shall provide public notice, by publishing it in a newspaper,
as designated by the Town, having a general circulation in the Harbor
Complex area where that vessel and/or mooring was seized impounded.
Such public notice shall state that the vessel or mooring will be
sold publicly if the said vessel or mooring is not redeemed within
45 days from the date of notice of publication.
The requirements and the prohibitions of this
chapter do not apply to emergency actions that are necessary to protect
public health, safety, and welfare or to protect property. Any person
conducting and/or undertaking emergency activities shall, to the extent
practicable, avoid, prevent and/or minimize damage to natural resources
within the Port Jefferson Harbor Complex.
The provisions of this chapter are declared
to be severable, and, if any section, sentence, clause or phrase hereof
shall be adjudged by any court of competent jurisdiction to be invalid,
such adjudication shall not affect the validity of the remaining portions
hereof, but such portions shall remain in full force and effect.
This chapter shall become effective immediately
upon filing with the Secretary of State of the State of New York.
