[HISTORY: Adopted by the Board of Trustees
of the Village of Lloyd Harbor 2-28-1983 as Article 12 of L.L. No.
2-1983. Amendments noted where applicable.]
The following regulations, adopted pursuant
to § 46-a of the Navigation Law of the State of New York,
are necessary in order to protect and secure navigation, bathing,
fishing and other recreational uses and the natural beauty, ecological
values and wildlife habitat and healthful, safe, full and equable
enjoyment of the waters bounding the Village by the inhabitants of
the Village and the community; to secure safety from flood, fire,
panic, explosions and other dangers; to protect the inhabitants of
the Village from unreasonable odors, smoke, vapor, gas, dust, noise
and vibrations; to promote and protect the good order, peace, health,
safety, morals and general welfare of the inhabitants of the Village
and the community; and to protect and secure the property of the same.
Except when prohibited by reason of laws of
the United States or where otherwise expressly provided herein, the
following provisions of this chapter shall apply to all waters within
the Village and to all waters bounding the Village to a distance of
1,500 feet from the shore of the Village, except that the provisions
of this chapter shall not apply to the waters within Huntington Harbor
or Huntington Inlet lying to the east of the easterly boundary line
of this Village nor to the waters of Huntington Bay lying to the east
of that portion of the easterly boundary line of this Village which
extends across the waters of Huntington Bay from West Neck to Lloyd
Neck.
As used in this chapter, the following terms
shall have the meanings indicated:
The attachment of or to attach a vessel to the ground by
means of equipment so designed that, when such attachment is terminated,
the equipment in its entirety is removed from the ground and taken
under the control of the vessel.
That area as designated, from time to time, by resolution
of the Board of Trustees.
[Added 11-21-1994 by L.L. No. 2-1994]
The person designated as such by the Board of Trustees or
any of his/her duly appointed deputies.
That portion of Lloyd Harbor lying west of the western end
of the Channel.
[Added 11-21-1994 by L.L. No. 2-1994]
The body of tidal water lying west of a line connecting the
Lloyd Harbor Lighthouse and Nun 2 marking the entrance of said harbor
extended north and south and lying within the boundaries of the Incorporated
Village of Lloyd Harbor.
[Amended 1-22-1991 by L.L. No. 1-1991]
That portion of Lloyd Harbor lying west of the Lloyd Harbor
Lighthouse and bounded by a line projected 280º true passing
through Nun 4; and a parallel line to the south passing through Can
3; and a line running true north at a distance of 1,500 meters (1,640
yards) west of the Lloyd Harbor Lighthouse. Said reference points
are those shown on United States Coast and Geodetic Survey Charts
for purposes of navigation.
The attachment of or to attach a vessel to a pier or dock
or other structure; or the attachment of or to attach a vessel to
the ground by means of equipment so designed that, when such attachment
is terminated, some portion of the equipment remains attached to the
ground and is not taken under the control of the vessel.
That portion of Lloyd Harbor lying north of the Channel,
west of East Beach and east of the designated water ski area and that
portion lying south of the Channel, west of the transient anchorage
area and east of the west end of the Channel.
[Added 11-21-1994 by L.L. No. 2-1994]
Includes the person in whose name the vessel was last registered
in accordance with the provisions of the Federal Boating Act, as amended,
or the laws of the State of New York, if requiring registration, and
in any other case the last known owner, or the person who claims lawful
possession of such vessel by virtue of legal title or equitable interest
therein which entitles said person to such possession.
To secure two or more vessels to each other so that they
share attachment to a mooring or anchor.
[Added 1-19-1988 by L.L. No. 1-1988]
Includes the use by any person of any underwater breathing
apparatus similar in function to an Aqualung but shall not include
bona fide salvage operations displaying proper signals.
An area designated as such by signs, lifelines or buoys.
That area designated from time to time by resolution of the
Board of Trustees.
[Added 11-21-1994 by L.L. No. 2-1994]
Includes all craft intended to carry persons or materials
at any time during the use thereof in, on or under water.
The area within 1,500 feet from the shoreline of the Village
of Lloyd Harbor measured from the low-water mark.
[Added 10-15-2001 by L.L. No. 3-2001]
[Amended 6-18-1984 by L.L. No. 1-1984; 3-16-1987 by L.L. No. 4-1987; 1-19-1988 by L.L. No. 1-1988]
A.
The location and types of mooring facilities and the
anchoring of vessels in Lloyd Harbor shall be regulated by the Harbor
Master.
B.
The Harbor Master is hereby authorized and empowered to issue written use permits pursuant to Subsection A, upon written application by the owner, charterer or operator responsible for a vessel, for periods not extending beyond the end of the calendar year in which the permit is issued, provided that in acting upon any such application, no consideration shall be given to the race, color, creed, sex, nationality, citizenship or residence of the applicant. Application may be made by individuals or by clubs or associations representing several individuals, provided that a separate permit is obtained for each vessel.
C.
Each vessel governed by a use permit shall display
a current decal or other device as specified by the Harbor Master,
and:
(1)
No vessel shall be attached to a dock or a mooring,
singly or in a raft, in Lloyd Harbor unless evidence of the issuance
of a use permit is displayed.
[Amended 1-22-1991 by L.L. No. 1-1991]
(2)
No vessel over 16 feet in length shall be anchored,
singly or in a raft, in Lloyd Harbor outside of the designated transient
anchorage area unless evidence of the issuance of a use permit is
displayed.
(3)
No vessel over 16 feet in length, though properly
moored or anchored, shall be occupied between two hours past sundown
and one hour past sunrise:
D.
No mooring shall be placed, and no vessel shall anchor:
(1)
Within the boundaries of the Channel or within 50
feet thereof.
(2)
Within the boundaries of the water ski area or within
50 feet thereof.
(3)
Within 50 feet of any other vessel on a mooring or
at anchor.
(4)
Within 50 feet of an unoccupied mooring marked by
a buoy, a navigation aid, a swimming area marked by safety lines,
a dock, pier or float.
E.
No mooring shall be placed within the transient anchorage
area or within 50 feet of the boundaries thereof.
F.
The Harbor Master may issue a use permit for placement
of a mooring in Lloyd Harbor to a yacht club or other noncommercial
boating association in such number as may be authorized by resolution
of the Board of Trustees, provided that:
[Amended 5-15-2000 by L.L. No. 3-2000; 12-17-2007 by L.L. No.
8-2007]
(1)
Club moorings are designed to hold a raft of 30 average
cruising vessels in a wind gust of 30 knots.
(2)
Club moorings are placed south of and 200 feet to
500 feet distant from the Channel boundary.
(3)
No other moorings shall be placed nor vessels anchored
within 200 feet of a club mooring.
(4)
Each club mooring shall be attached to a permanent
buoy clearly marked with the designation of the permit-holding organization.
(5)
Individual vessels attached to a club mooring shall
not be required to display a use permit decal.
G.
All floats shall be anchored or moored in such a way
as to be secure at all times and under all conditions, and such anchoring
and mooring shall be subject to regulation by the Harbor Master, provided
that:
[Amended 2-28-2006 by L.L. No. 1-2006]
(1)
A float may be no more than 140 square feet in area
or longer than 20 feet along any outside dimension;
(2)
Floats shall at no time rest on tidal wetland;
(3)
No person shall store flammable, noxious or hazardous
material, bait, or debris on floats;
(4)
Floats may only be placed directly in front of the
owner's property, or an association's right-of-way, and no further
than 200 feet offshore;
(5)
No float shall be used for commercial purposes;
(6)
The preceding subsection notwithstanding, the Harbor
Master may refuse a permit application if the proposed float location
could be a hazard to navigation, if overcrowding of the area is a
problem, or if there are other safety issues.
H.
The preceding subsections notwithstanding, a vessel
may anchor or moor in any portion of Lloyd Harbor if compelled to
do so by a temporary disability and then only during the period of
such disability or by an emergency arising out of the perils of the
sea and then only during such emergency.
No person shall cast, deposit, dump, discharge
or place or cause or suffer to be cast, deposited, dumped, discharged
or placed any oil, garbage or refuse matter of any kind into any waters
or on any beach of the Village of Lloyd Harbor.
Any vessel (including for the purposes of this section a rowboat or skiff regardless of the manner in which it may be propelled) or any other object which becomes a menace to navigation or unseaworthy or sinks, grounds or becomes otherwise disabled shall be removed by the owner or person in charge thereof on order of any enforcing officer described in § 71-18 of this chapter. If said vessel or other object is not removed after an order so to remove it, it may be removed by or at the direction of such enforcing officer at the expense of the owner or person in charge of said vessel, to be enforced by civil suit, such expense to be in addition to such penalties as may be prescribed or imposed under this Code[1] or the laws of the State of New York.
[Amended 3-16-1987 by L.L. No. 4-1987; 3-20-1989 by L.L. No. 2-1989; 1-22-1991 by L.L. No. 1-1991]
[Amended 3-16-1987 by L.L. No. 4-1987]
A.
No vessel shall be propelled by other than hand or
sail in the portion of Lloyd Harbor west of the Lloyd Harbor Channel,
except:
[Amended 1-22-1991 by L.L. No. 1-1991]
B.
No person shall operate or drive any vessel propelled
other than by hand within 100 feet of any lifelines or bathing float
or if there are no lifelines or bathing float, then within 200 feet
of any beach used for bathing or swimming, except at inlets or where
a channel affording entrance to a harbor approaches the lifelines,
bathing float or beach, as the case may be, closer than such applicable
distances.
C.
The Board of Trustees, by resolution, may adopt rules
and regulations restricting or prohibiting the use and operation of
certain motor-driven vessels in the water ski area which, by reason
of their size, length, displacement, design or power plant, are determined
to be hazardous to public safety and to interfere with the proper
and reasonable enjoyment of the harbor.
[Added 1-22-1991 by L.L. No. 1-1991]
D.
No vessel over 25 feet shall be operated in the water
ski area.
[Added 1-22-1991 by L.L. No. 1-1991; amended 11-16-1998]
E.
All personal watercraft and specialty prop-craft shall
be prohibited from operating within the Vessel Regulation Zone; provided,
however, that nothing contained in this article shall prevent a personal
watercraft and/or specialty prop-craft of the adjacent upland owner,
or of any other person with the permission of the upland owner, from
departing from, returning to, or beaching at the shore of such owner,
but only if they depart and continue to travel perpendicular to the
shore until they are beyond the fifteen-hundred-feet limit, and if
they are not within 150 feet of any beach used for bathing and swimming
and marked as such, and further provided that they shall travel at
a speed not to exceed five miles per hour.
[Added 10-15-2001 by L.L. No. 3-2001]
No person shall tie a vessel to the lifeline
designating a bathing or swimming area.
Every person operating or driving a vessel and
every person riding water skis, a surfboard or similar device shall
at all times operate the same in a manner (including, without limitation,
the throwing of its wake) so as not to disturb or endanger the property
of another or the life or limb of any person or so as to interfere
with the free and proper use of the waters of any channel affording
entrance to a harbor.
No person shall operate or drive any vessel
while in an intoxicated condition. Upon the trial of any action or
proceeding arising out of acts alleged to have been committed by any
person charged with operating a vessel while in an intoxicated condition,
the court may admit evidence of the amount of alcohol in the defendant's
blood taken within two hours of the time of the arrest, as shown by
a medical or chemical analysis of his breath, blood, urine or saliva.
For the purpose of this section:
A.
Evidence that there was .05 of 1% or less by weight
of alcohol in such person's blood shall be prima facie evidence that
the ability of such person to operate a vessel was not impaired by
the consumption of alcohol and that such person was not in an intoxicated
condition.
B.
Evidence that there was more than .05 of 1% but not
more than .07 of 1% by weight of alcohol in such person's blood shall
be prima facie evidence that such person was not in an intoxicated
condition, but such evidence shall be relevant evidence but shall
not be given prima facie effect in determining whether the ability
of such person to operate a vessel was impaired by the consumption
of alcohol.
C.
Evidence that there was more than .07 of 1% but less
than .10 of 1% by weight of alcohol in such person's blood shall be
prima facie evidence that such person was not in an intoxicated condition,
but such evidence shall be given prima facie effect in determining
whether the ability of such person to operate a vessel was impaired
by the consumption of alcohol.
No person shall operate or drive a vessel propelled
wholly or partly by an engine operated by gas, gasoline, naphtha,
diesel oil or other substance without having the exhaust from the
engine run through a muffler or so controlled by the introduction
of water into the exhaust pipe or line as to muffle the noise of exhaust
in a reasonable manner.
A.
No person shall operate, drive, moor or anchor any vessel in connection with or in the pursuit of any business operated for profit (except as otherwise may be specifically permitted by Chapter 205, Zoning, and except those vessels and person engaged in the cultivation and harvesting of shellfish) within the waters to which this chapter is applicable without having first obtained a written permit from the Board of Trustees.
B.
All applications to the Board of Trustees for a permit
pursuant to this section shall be made by the applicant, in writing,
under oath, and shall contain a full and complete statement of the
proposed operation and business, including, without limitation, the
proposed duration of the stay, the location, nature and extent and
the dates and hours thereof and the vessels and personnel involved.
A fee in an amount to be prescribed by resolution of the Board of
Trustees shall be paid to the Village by the applicant at the time
of the submission of the application.
[Amended 3-20-1989 by L.L. No. 2-1989]
C.
Upon receipt of any such application, the Board of
Trustees may, in its discretion, call a hearing open to the public
for the consideration thereof and may at such hearing take such testimony
and receive such exhibits from such witnesses as it may deem necessary
or advisable to assist in its determination with respect to the application.
D.
The Board of Trustees may grant such a permit, permanently
or temporarily, if it finds affirmatively that the proposed operation
and business protect and secure the inhabitants of the Village and
the community from unreasonable odors, smoke, vapor, gas, dust, noise
and vibrations; that they protect and secure the property of the Village
and its inhabitants from damage and injury; that they are consistent
with and protect the good order, peace, health, safety, morals and
general welfare of the inhabitants of the Village and the community;
that they do not create problems relating to obstructions to navigation;
and that they do not spoil or threaten to spoil the natural beauty
and healthful, safe, full and proper enjoyment of the waters by the
inhabitants of the Village and the community. If the Board of Trustees
shall determine to grant such permit, it shall state therein such
restrictions and conditions (including, without limitation, time limits
and duration of the stay when a vessel is used or occupied as living
or sleeping quarters and other limits and restrictions as to hours,
days, months, extent and area of operation) as it may deem necessary
to protect and secure all of the same.
E.
Any business permit issued for the commercial placement,
maintenance or leasing of moorings shall be subject to immediate revocation
by the Mayor upon a finding that such permit holder has placed a mooring
for which a current mooring permit has not been granted to the owner
thereof.
[Added 3-16-1987 by L.L. No. 4-1987]
When the provisions of this chapter create unnecessary
hardship and difficulties for the operation of vessels by handicapped
persons, the Board of Trustees may, upon written application, grant
a special permit to any handicapped person exempting said person from
particular provisions of this chapter.
Anything herein contained to the contrary notwithstanding,
the Board of Trustees may, in its discretion, issue special permits
for aquatic events, boat races or other similar events under proper
supervision in limited areas for limited periods after prior approval
by the United States Coast Guard.
A.
No skin diving shall be undertaken in any channel
affording entrance to a harbor or in any waters where the same may
interfere with reasonable and proper operation of vessels.
B.
No person shall engage in skin diving without a person
of at least 16 years of age, other than the skin diver, in a position
as lookout.
C.
No person shall use, operate or discharge under water
any spear, spear gun or similar weapon or apparatus within the Village
waters.
A.
No person shall operate a vessel for towing a person
on water skies, a surfboard or similar device unless there is in such
vessel a person, other than the operator, who is at least 10 years
old or who has been awarded a boat safety certificate by the State
of New York in a position to observe the progress of the person being
towed.
B.
No person shall ride on water skis, a surfboard or
similar device or use or operate a vessel to tow a person thereon
between the period from one hour after sunset to one hour after sunrise.
[Added 5-18-2009 by L.L. No. 1-2009]
Within all Village waters, including the tidal waters lying
west of the line running north and south extending from East Beach
to Coindre Hall, and to a distance of 1,500 feet from the shoreline
of the Village, all vessels shall be equipped and lighted as required
by the rules and regulations of § 40 of the Navigation Law.
A.
Any member of the Police Department, the United States
Coast Guard, the New York State Park Police, the Huntington Bay Constable,
the Harbor Master or any of his/her duly appointed deputies, any member
of the Marine Division of the Suffolk County Police Department and
any other peace officer having authority (each of whom is hereinafter
referred to as "such enforcing officer") is hereby empowered to enforce
the provisions of this chapter.
B.
Every person in charge of or who owns, charters or
is operating a vessel shall at all times obey the lawful orders of
any such enforcing officer.
C.
Any vessel or float, anchored or moored or attached
to another vessel in violation of any part of this chapter, and any
mooring for which a written permit has not been secured from the Harbor
Master shall be removed or detached, as the case may be, by the owner,
charterer or person in charge thereof on order of any such enforcing
officer. If any such vessel, float or mooring is not removed after
an order so to remove it, the same may be removed by or at the direction
of any such enforcing officer at the expense of the owner, charterer
or person in charge of such vessel, float or mooring, to be enforced
by civil suit, such expense to be in addition to such penalties as
may be prescribed or imposed under this Code[1] or the Laws of the State of New York.
D.
Any such enforcing officer shall have the right to
stop any vessel, when such officer has reasonable cause to believe
that any provision of this chapter is being violated, to board, enter
upon and inspect any such vessel for any of the following purposes:
E.
The Harbor Master shall be and he/she hereby is empowered
to install buoys, appropriately worded signs and other markers at
any point on land or water within the jurisdiction of the Village
when, in his/her opinion, the placing of any such buoys, signs or
markers would give practical effect to the intent of this chapter
or any provision thereof, provided that prior consent to the installation
of such buoys or signs placed on or in the water is given by the United
States Coast Guard and that they shall be installed in accordance
with the uniform marking system as adopted by the United States Coast
Guard and § 35 of the New York State Navigation Law.
[Added 3-16-1987 by L.L. No. 4-1987]
Persons holding mooring or overnight occupancy
permits must display a decal or other device as specified by the permit.
Failure to do so shall be treated as a failure to obtain a permit
and constitute a violation of this chapter.
[Added 11-21-1994 by L.L. No. 2-1994]
A fee schedule shall be established, from time
to time, by resolution of the Board of Trustees for the following
permits:
