A.
The U.S. Coast Guard, New York State Police, New York State Environmental
Conservation Police, New York State Park Police, the Monroe County
Sheriff's Office and local police shall be empowered to enforce
the provisions of this Part 2. Every person in charge of a vessel
must at all times obey the lawful orders of the enforcement officer.
B.
The Town Board shall issue application forms, permit forms, mooring
tackle standards and otherwise promulgate such forms, fee schedules
and information as may be necessary for the administration of this
Part 2.
A.
It shall be a violation of this Part 2 for any person to refuse to
move or stop on oral command or order of the authorized Town official
and enforcement officers exercising the duties lawfully assigned to
them.
B.
No person shall tie to or berth a vessel at a Town-operated dock
or bulkhead unless the determined user fee has been paid to the Town
and a permit obtained for use and occupancy of such space by such
vessel.
C.
Any person who fails to move such vessel when ordered by the authorized
Town official, or any other lawful enforcing authority, shall be in
violation of this Part 2 and subject to its penalties. Each day that
such violation continues shall constitute a separate and additional
violation.
D.
Any vessel or float moored or anchored in violation of any part of
this Part 2 shall be removed by the owner or person in charge thereof
upon written notice from the authorized Town official. If a vessel
or float is not removed after the authorized Town official provides
written notice to its owner, that vessel or float may be removed by
the Town. Such notice shall be served by mail upon the owner of the
vessel or float at the last known address of the owner.
E.
All expenses incurred by the Town in removing a vessel, mooring or
float, including any reasonable attorney fees, shall be borne by the
owner of the vessel or float and the Town may enforce that obligation
by a civil action. Any such expenses shall be in addition to, and
not in lieu of, any penalties as may be prescribed by and imposed
under this Part 2 or under any other applicable law, ordinance, rule
or regulation of the Town.
A.
Where practical difficulties, unnecessary hardships and results inconsistent with the general purposes of this Part 2 may be the result of the application of the provisions hereof, variances may be granted as provided in this section. Any variance granted shall be authorized by the Zoning Board of Appeals. In granting a variance, the Zoning Board of Appeals may impose conditions to protect the best interest of the surrounding property, the neighborhood, or the Town as a whole.
C.
An individual may appeal the decision of the authorized Town official
to deny or revoke a permit to the Zoning Board of Appeals within 30
calendar days of receipt of notice of denial/revocation. Such an appeal
shall be made by filing with the authorized Town official a written
form obtained from the Town Clerk stating the appellant's arguments
and setting forth specifically the questions of procedure, fact, law
or policy to which exceptions are taken or identifying that part of
the authorized Town official's decision and order to which objection
is made. The Zoning Board of Appeals may, upon receipt of an appeal
of revocation, at its discretion, stay the effective date of the authorized
Town official's decision.
D.
The Zoning Board of Appeals, in making its findings for determination,
shall maintain consistency with the goals of the Harbor Management
Plan and the regulations of the Harbor Management Law.
In addition to or as may be limited by the laws of the State
of New York, a violation of any provision of this Part 2 shall be
punishable by not more than 15 days' incarceration or a fine of $250
for each violation. Each day of violation shall be deemed a new violation
and shall be treated accordingly.
