[HISTORY: Adopted by the Board of Trustees
of the Village of Greenport 5-16-1996 by L.L. No. 3-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Recreation areas and beaches — See Ch. 101.
As used in this chapter, the following terms
shall have the meanings indicated:
The securing of a boat on a seasonal or annual basis by means
of securing the vessel to a fixed anchor placed on the harbor bottom.
The securing of a boat to an anchor placed on the harbor
bottom and which anchor is otherwise carried aboard the boat.
The provisions of this chapter shall apply to
all the docks and waters within the Village of Greenport and to all
waters bounding the Village of Greenport for a distance of 1,500 feet
from the shore.
The dumping of oil refuse, garbage, sewage or
waste is prohibited. Sanitary equipment must meet the applicable standards
established by the appropriate federal and state agencies.
A.
Any boat or barge which becomes a menace to navigation
or sinks, grounds or otherwise becomes disabled or incapable of navigation
shall be removed or restored to navigable condition by the owner upon
written notice from the Village Board or its designated agent, which
notice shall be delivered by personal service or by registered mail
addressed to the registered owner's last known address as given by
him or as stated in his certificate of registration.
B.
If such boat is not removed or restored to navigable
condition by the owner within one week after the mailing of the notice,
the Village Board or its designated agent may direct the removal or
destruction of the boat, and the cost of removal, including storage
charges, shall attach to and shall become a lien upon the boat and
be chargeable against the owner of the boat. The boat may be sold
upon direction of the court at a public auction to defray expenses,
and any surplus shall be returned to the owner of record. The village
shall not be liable for any damage done to the boat during its removal,
storage and sale.
C.
Unattended vessels shall not be moored or anchored
in village waters overnight without registering the vessel with the
Harbormaster. Vessels moored or anchored overnight without registering
with the Harbormaster may be impounded. The owner shall be liable
for payment of the overnight fees, if applicable, along with expenses
for storage. The village shall not be liable for damage done to impounded
vessels during their removal and storage.
No person shall operate a boat other than a
boat propelled by hand within 200 feet of any lifelines or bathing
float, or within 200 feet of any public or semipublic beach regularly
used for bathing or swimming, except that such boat may approach or
depart perpendicularly to such beach at less than five miles per hour
solely for the purpose of commencing or ending the ride.
A.
No person shall operate a boat while towing a person
on water skis, a surfboard or similar device unless there is in the
boat a person other than the operator who is at least 10 years of
age and who is observing the person being towed.
B.
No person shall ride on water skis, a surfboard or
similar device or use or operate a boat to tow a person thereon during
the period from one hour after sunset to one hour after sunrise.
C.
No person shall ride on water skis, a surfboard or
similar device or use or operate a boat to tow a person thereon within
150 feet of any public or semipublic bathing beach or public dock
or within 50 feet of any swimmer or bather. Nor shall any person engaged
in such activities come within 300 feet of the shoreline unless such
person approaches or departs perpendicularly to the shoreline and
solely for the purpose of commencing or ending the ride.
A.
Every person operating a boat shall at all times operate
the same in a careful and prudent manner and at a rate of speed so
as not to unreasonably interfere with the free and proper use of the
waters or unreasonably endanger any person or property.
[Amended 11-19-1998 by L.L. No. 10-1998]
B.
Except where a situation exists that requires lower speed for compliance with Subsection A of this section, the maximum lawful speed in Sterling Harbor shall be five miles per hour and the maximum lawful speed within Shelter Island Sound (known as Greenport Harbor) shall be five miles per hour. For the purposes of this subsection, Shelter Island Sound extends from the outboard end of the Greenport jetty and extends west to Fanning Point for a distance of 1,500 feet from shore. Ferry boats, using established inland waterway routes, and sailboats under sail shall be exempt from this subsection.
[Amended 11-19-1998 by L.L. No. 10-1998]
C.
The Village Board may, by resolution, limit the speed
of boats in any waters to which this Article applies and cause notice
of such speed limit to be posted at appropriate places in the areas
affected. Any person who shall operate a boat in such areas at a greater
speed than the speed specified in such notice shall be deemed to have
violated this Article.
D.
No person shall operate any vessel at any time in
the waters within the jurisdiction of Greenport at a speed greater
than five miles per hour one hour after sunset to one hour before
sunrise. Ferry boats, using established inland waterway routes, and
sailboats under sail shall be exempt from this subsection.
[Amended 11-19-1998 by L.L. No. 10-1998]
[Amended 11-19-1998 by L.L. No. 10-1998]
No person shall operate a vessel in a manner so as to cause the creation of a wake in Sterling Harbor and in Shelter Island Sound. Ferry boats, using established inland waterway routes, and sailboats under sail shall be exempt. For the purpose of this section, Shelter Island Sound is defined in § 48-7.
The cleaning of boats below the waterline is
prohibited in the waters of Sterling Harbor. Sandblasting, power sanding
and painting of vessels anchored, moored or docked in the waters of
Sterling Harbor is prohibited.
A.
All pleasure vessels and uninspected commercial vessels
shall be equipped and lighted while under way or at anchor with any
person aboard, as required under the Federal Boat Safety Act of 1971,
as amended, and the regulations adopted pursuant thereto and contained
in Title 46 of the Code of Federal Rules, Subchapter C, Parts 24,
25 and 26, and pursuant to the provisions of § 40 of the
Navigation Law of the State of New York. Failure to comply with the
equipment and lighting requirements as set forth above shall be a
violation of this chapter.
B.
The provisions of this section shall not apply to
vessels competing in duly authorized regattas and trials preceding
such regattas.
A.
No person under the age of 16 years shall operate
a mechanically propelled vessel, nor shall the owner or a person responsible
for a vessel allow or permit the operation of a vessel by a person
under the age of 16 years, unless:
(1)
The operator, who is under the age of 16 years, is
accompanied therein by a person who is 16 years of age or older; or
(2)
The operator is 10 years of age or older and has been
issued a boating safety certificate by the Commissioner of the Office
of Parks and Recreation of the State of New York, pursuant to § 78
of the New York State Navigation Law.
B.
The failure of a person specified in Subsection A(2) hereof to exhibit a boating safety certificate upon demand to any peace officer or other officer having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate.
C.
No person shall operate a vessel while in an intoxicated
condition or while his ability to operate such a vessel is impaired
by the consumption of alcohol or by use of a drug.
All vessels operating in the waters of the Village
of Greenport are to observe the Inland Rules of the Road and the New
York State Pilot Rules, § 41 of the New York State Navigation
Law.
Nothing herein contained shall prohibit the
Village Board from issuing permits for marine events, boat races or
otherwise under proper supervision in limited areas for limited periods
after approval of the Village Board and the United States Coast Guard,
if appropriate.
No person shall operate a boat propelled wholly
or partly by an engine operated by the explosion of gas, oil, gasoline,
naphtha or other substance without having the exhaust from the engine
run through a muffling device so constructed and used as to muffle
the noise of the exhaust in a reasonable manner.
A.
No boat shall be so moored or anchored that it at
any time rests within any channel or freeway or interferes with the
full use of such channel or freeway, nor shall any boat be moored
or anchored within 50 feet of any dock, pier or other boat docking
or launching facilities.
B.
It shall be unlawful for any person to use for an
unreasonable period of time to the exclusion of others or to restrict
or obstruct the use of any public bulkhead, dock or landing owned
or controlled by the Village of Greenport.
C.
No person shall place a mooring in the territorial
waters of the Village of Greenport without first obtaining a permit
from the Harbormaster.
A.
It is hereby determined that the existing docks, piers
wharves and moorings of the Village of Greenport are hereby established
as improvements.
B.
All fastenings to any docks, piers, wharves and moorings
of the Village of Greenport shall be in a seamanlike manner as may
be determined by the Harbormaster and/or his deputy.
C.
No motor vehicle shall be allowed upon the Railroad
Dock except with a dock permit issued for the docking of a boat at
the Railroad Dock, which dock permit shall be displayed and visible
at all times such motor vehicle is on the dock.
D.
No person shall be permitted upon the Railroad Dock
between the hours of 12:00 midnight and 5:00 a.m. unless that person
holds a permit to dock a boat at the Railroad Dock or is employed
by such a permit holder.
A.
No person shall moor or secure a boat at a beach,
dock, pier, wharf or mooring located in Greenport Harbor, Sterling
Basin or on any public land or improvements or at the end of any village
street without first obtaining a permit therefor from the Greenport
Harbormaster.
B.
The Harbormaster is hereby authorized to issue one
dock permit for the docking or mooring of boats to the foresaid docks,
piers, wharves and moorings in Greenport Harbor and Sterling Basin.
There shall be only one permit issued per boat. Each permit issued
with regard to the Railroad Dock shall entitle the holder thereof
to drive one designated motor vehicle upon the Railroad Dock.
[Amended 12-22-2014 by L.L. No. 1-2015]
D.
The application form shall include, in addition to
the general information specified in the license law and information
required by the Village Clerk, the following:
(1)
A description of the boat.
(2)
The documentation number or license number of the
vessel.
(3)
The address of the owner and home port of the vessel.
(4)
The name and address of the captain of the vessel.
(5)
Proof of insurance; hold harmless and indemnification.
[Amended 12-22-2014 by L.L. No. 1-2015]
(a)
For the Railroad Dock, proof of insurance in
the form of an original certificate of insurance naming the Village
of Greenport as additional insured for not less than the following
amounts and types:
[1]
Maritime liability insurance, including contractual
liability coverage, in an amount not less than $1,000,000 per occurrence
and $2,000,000 for the annual aggregate amount for bodily injury and
property damage and other general liability.
[2]
Proof of automobile liability insurance satisfactory
to the Village.
[3]
Workers' compensation and employer's liability
insurance for all contractors performing services for the vessel in
compliance with all applicable New York State laws and regulations
and disability benefits insurance, if required by law.
[4]
Proof of hull insurance satisfactory to the
Village.
[5]
Water pollution discharge insurance.
(b)
Owners of boats and vessels using a Village
of Greenport mooring or dockage shall execute a hold harmless and
indemnification agreement in favor of the Village of Greenport either
as part of the mooring or dockage agreement or in a separate agreement,
as required by the Village, and provide the Village of Greenport with
proof of liability insurance of an amount of not less than $300,000
naming the Village of Greenport as additional insured.
(6)
Current Coast Guard safety certification number.
[Added 12-22-2014 by L.L. No. 1-2015]
|
Every vessel using a Village of Greenport dock or mooring facility
requiring a Coast Guard safety certificate shall provide the current
Coast Guard safety certification number of the vessel to the Village
of Greenport.
|
E.
Each permit shall be valid for a period of one year
from the date of insurance thereof. Such permit shall be nonassignable.
No person shall dock, moor, anchor, beach or
place any boat on any public lands or improvements at the end of any
public street in the Village of Greenport without a permit. The cost
of the permit will be at the prevailing rates established for similar
accommodation in Sterling Harbor.
A.
No boat shall be so moored or anchored that it at
any time rests within any channel or freeway or interferes with the
full use of such channel or freeway, nor shall any boat be moored
or anchored within 50 feet of any dock, pier or other boat docking
or launching facilities.
B.
It shall be unlawful for any person to use for an
unreasonable period of time to the exclusion of others or to restrict
or obstruct the use of any public bulkhead, dock or landing owned
or controlled by the Village of Greenport.
C.
No person shall place a mooring in the territorial
waters of the Village of Greenport without first obtaining a permit
from the Harbormaster.
A.
Failure to comply with the permit application requirements
or failure to abide by the rules and regulations of the docks as hereinafter
specified shall result in an immediate revocation of said permit by
the Harbormaster and/or his deputy.
B.
In the event of such revocation, the former permit
holder shall immediately remove his vessel from the dock, wharf or
mooring. Said vessel shall not be attached to any dock, wharf or mooring
within the jurisdiction of the Village of Greenport until such time
as a new permit has been issued or a hearing has been held on the
revocation.
C.
In the event of such revocation, the former permit
holder may appeal to the Village Dock Committee, which shall hold
a hearing as soon as practicable after filing of the appeal, but in
no event later than two weeks after filing of said appeal for review
of said revocation of the permit. A decision by the Village Dock Committee
shall be made no later than one week after the close of the hearing.
D.
In the event of an adverse finding by the Village
Dock Committee to the permit holder, said permit holder may appeal
the decision to the Village Board of Trustees. The Board of Trustees
shall hold a hearing as soon as practicable after filing of the appeal,
but in no event later than two weeks after filing of said appeal for
review of said revocation of the permit. The Village Board of Trustees
shall render a decision no later than one week after the close of
the hearing before it.
The Village Board may establish by resolution
rules and regulations for the operation of the docks and moorings
under its jurisdiction. Such rules shall be posted at the Village
Hall and at the dock located at the end of the Long Island Railroad
property, colloquially known as the "Railroad Dock." These rules may
be amended from time to time and shall be an appendix to this chapter.
In addition to or as may be limited by the laws
of the State of New York, a violation of any provision of this chapter
shall be punishable by not more than 15 days incarceration and/or
a fine of $250 for each violation. Each day of violation shall be
deemed a new violation and shall be treated accordingly.
