[HISTORY: Adopted by the Board of Trustees of the Village of Laurel
Hollow 7-2-1990 by L.L. No. 3-1990.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 140, Waterways,
adopted as follows: Art. I, 8-16-1960 by Ord. No. XVIII of the General Ordinances,
amended in its entirety 6-18-1963; Art. II, 8-16-1960 by Ord. No. XI of the
General Ordinances, as amended.
A.Â
Water sports and the operation of vessels in the waters
of the Village are matters affecting the public interest and consequently
should be subject to the supervision and administrative control of the Village.
B.Â
The purpose of this chapter is to safeguard the public
by securing the safety and good order of the waters bounding the Village preserving
their natural beauty and protecting them from pollution. It is also intended
to protect all public and private shorelines and waterfronts from erosion,
physical damage, excessive noise and similar nuisances.
The rules and regulations contained in this chapter shall, except when
prohibited by the laws of the United States or the state, apply to all waters
or waterways bounding and adjacent to the Village to a distance of 1,500 feet
from shore.
The Village Board is hereby granted the power to promulgate reasonable
rules and regulations, from time to time, as it may determine for the administration
and enforcement of this chapter.
All vessels operating within the waters of the Village shall comply
with all applicable laws, rules and regulations of the state and federal governments.
As used in this chapter, the following terms shall have the meanings
indicated:
To attach a vessel to the ground by means of tackle so designed that,
when the attachment is terminated, the tackle in its entirety is removed from
the ground and taken under the control of the vessel; the device and tackle
used for anchoring.
A small boat that can be carried by one person and stored on land
when not in use. Tenders and sailboards that meet these requirements are considered
to be "dinghies."
The storage facility for dinghies that is provided by the Village
for the use of Village residents.
The Harbor Master or any Nassau County, Suffolk County or Laurel
Hollow police officer.
Structures which extend seaward of the high tide line on or above
the water to provide access to boats, or for fishing or swimming.
The Harbor Master of the Village of Laurel Hollow.
Any container capable of storing sewage until such time as the contents
can be disposed of in accordance with New York State and federal regulations.
To attach a vessel to a pier or dock or other structure or to the
ground by means of tackle so designed that, when the attachment is terminated,
some portion of the tackle remains behind and is not taken under the control
of the vessel.
The device and tackle used to moor to the ground.
Includes the person under whose name the vessel was last registered
in accordance with the provisions of the Federal Boating Act of 1958 or the
laws of the State of New York. In any other case, the last known owner or
the person who claims lawful possession of the vessel by virtue of legal title
or equitable interest.
Any individual, firm, partnership, corporation, company, association
or organization.
The rules and regulations promulgated by the Village Board for the
administration and enforcement of this chapter.
Includes diving by use of underwater breathing apparatus, but does
not include bona fide salvage operations displaying proper signals.
Includes all floating craft, except those dinghies which are actually
stored on land.
Includes the Board of Trustees of the Village of Laurel Hollow.
The pier at the south end of the Village beach which is provided
by the Village for the benefit of Village residents.
The areas defined by § 140-2.
A.Â
A Harbor Master shall be appointed by the Village Board
to serve at the pleasure of the Board.
B.Â
The Harbor Master shall:
(1)Â
Enforce all provisions of this chapter, and all rules
and regulations promulgated hereunder for all moorings placed in Village waters.
The rules and regulations shall cover, but not be limited to: the size and
weight of mooring anchors; size and weight of mooring chains, pennants and
hardware; size, colors and markings on buoys; locations and spacing of buoys;
and frequency and type of mooring inspections. The Harbor Master shall also
designate mooring inspectors acceptable to the Village and issue permits for
moorings.
(2)Â
Enforce rules and regulations governing the maximum permissible
dinghy dimensions suitable for each dinghy rack space, issue permits for rack
use and assign rack spaces to Village residents only.
(3)Â
Enforce rules and regulations for the use of the Village
pier governing permissible tie-up time, maximum size or type of vessels that
may tie up and permissible uses that may be made of the Village pier.
(4)Â
Cause to be installed buoys, appropriately worded signs
and other markers, provided that necessary approvals are obtained from the
United States Coast Guard and the State of New York.
A.Â
No vessel shall be tied up or made fast to the Village
pier or float or to property of the Village for a continuing period in excess
of 10 minutes.
B.Â
No person shall anchor any vessel within 150 feet of
the mean low waterlines or within 250 feet of the ropes defining the Village
beach, unless:
C.Â
No person shall occupy a mooring within 1,500 feet of
the shore, unless:
(1)Â
The vessel is compelled to moor owing to temporary disability
or emergency and then only during the period of its temporary disability or
emergency.
(2)Â
The owner of the vessel has obtained permission to moor
from the Harbor Master, and then only at one location and during the period
stated in the written permit.
(3)Â
The vessel, if equipped with either a marine toilet or
with one or more bunks or berths, is equipped with an approved marine holding
tank.
D.Â
No person shall dump, discharge or place any oil, garbage,
sewage, waste or refuse matter of any kind into any Village waters.
E.Â
No person shall at any time anchor and leave unattended
any vessel within 200 feet of a mooring whether or not the mooring is occupied.
Vessels which, despite meeting this provision, appear to be in danger of colliding
with a moored vessel shall be moved immediately.
F.Â
No person shall at any time tie, attach, raft or secure
in any manner one vessel to another vessel which is anchored, moored or rafted,
unless such vessel:
(1)Â
Is compelled to secure due to temporary disability or
emergency and then only during the period of its temporary disability or emergency.
(2)Â
Is rafted with the consent of the other vessel. Such
a raft must be broken if either vessel is left unattended, unless the Harbor
Master confirms that the mooring is adequate for the combined effect of two
or more vessels.
Any vessel, dinghy, mooring or other object, which sinks or otherwise
becomes a menace to navigation, shall be removed by the owner on order of
an enforcing officer. If it is not removed after such an order, it may be
removed by or at the direction of the enforcing officer, at the expense of
the owner.
A.Â
No person shall operate any vessel upon the waters bordering
the Village to a distance of 1,500 feet of the shoreline at a speed greater
than five miles per hour.
[Amended 5-15-2000 by L.L. No. 3-2000]
B.Â
No person shall operate a vessel propelled wholly or
partly by an engine operated by gasoline, diesel fuel or other substance without
having the exhaust from the engine run through a muffler so as to muffle the
noise of exhaust in a reasonable manner.
C.Â
No vessel shall be operated in a manner, including, without
limitation, the throwing of its wake, so as to disturb or endanger the property,
life or limb of any person or to interfere with the intended uses of Village
waters.
D.Â
No person shall operate any vessel while in an intoxicated
or drug-impaired condition. For purposes of this subsection, the definition
of operating a vessel while intoxicated or drug-impaired shall be as set forth
in the Navigation Law of the State of New York.
A.Â
General.
(1)Â
No person shall operate, moor or anchor any vessel in
connection with any business operated for profit, except as specifically permitted
by the Village Building Zone Ordinance[1] and except vessels engaged in the cultivation and harvesting of
shellfish, within Village waters without having first obtained a written permit
from the Village Board.
(2)Â
Permit applications shall contain a complete statement
of the proposed operation and the nature and extent of the business, including,
without limitation, duration of the stay, location, dates and hours of operation
of the vessels and personnel involved. A fee of not less than $100 nor more
than $1,000 in an amount to be prescribed by the Mayor of the Village, shall
be paid to the Village by the applicant at the time of the submission of the
application.
(3)Â
Upon receipt of any such application, the Village Board
may, in its discretion, call a hearing open to the public. The Village Board
may grant a permit, if it finds that the proposed business operation is consistent
with the requirements and intent of this chapter and all other applicable
ordinances, and has no deleterious effect on the Village or its residents.
If the Village Board grants such permit, it shall state therein such restriction
and conditions, including time limits and duration of the stay, and extent
and area of operation.
B.Â
Excursion vessels.
(1)Â
No vessel for public hire shall land or depart nor shall
any passengers embark or disembark from any dock, pier, float or beach within
the Village without first having obtained written permission from the Village
Board.
(2)Â
Passengers may only land at a dock, pier or float which
is firmly and securely built or properly moored.
(3)Â
Any permission granted for such landing will expire in
one (1) year, unless a shorter period is specified by the Village Board.
Nothing herein contained shall prohibit the Board of Trustees from issuing
special permits for aquatic events, boat races or otherwise under proper supervision
in limited areas for limited periods, after prior approval of the United States
Coast Guard.
A.Â
No person shall skin-dive or water-ski in any waters
where it may interfere with reasonable and proper operation of vessels.
B.Â
No person, whether skin diving or not, may discharge
any spear, speargun or similar weapon or apparatus within 200 feet of any
beach used for bathing or swimming or within 200 feet of any bather or swimmer.
C.Â
No person shall skin-dive or water-ski unless there is
a person of at least 16 years of age in position as lookout.
The Harbor Master and the Police Departments of the Village of Laurel
Hollow, Nassau County and Suffolk County are hereby empowered to enforce the
provisions of this chapter, and every person in charge of a vessel navigating
or using the waterways of the Village shall at all times obey the lawful orders
of such enforcing officers. Such enforcing officers shall have the right to
stop any vessel navigating or using the waterways of the Village for the purpose
of enforcing this chapter.
A.Â
Any person committing an offense against any provision
of this chapter shall, upon conviction, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$1,000 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuance of an offense for each day (24 hours)
shall be deemed a distinct and separate violation.
[Amended 9-14-2006 by L.L. No. 4-2006]
B.Â
The Board of Trustees may also maintain an action or
proceeding in the name of the Village in a court of competent jurisdiction
to compel compliance or to restrain by injunction the violation of this chapter.