[HISTORY: Adopted by the Village Board of
the Village of Port Chester 7-6-1992 by L.L. No. 9-1992; amended in its entirety 5-20-2019 by L.L. No. 4-2019. Subsequent amendments noted where applicable.]
The operation and mooring of vessels in the Byram River and
Port Chester Harbor, being a matter affecting the public interest,
is and should be subject to the regulatory and administrative controls
hereinafter set forth. The purpose of this chapter is to reestablish
standards, requirements and procedures for the safe and sanitary operation
of vessels; mooring of vessels; and use, maintenance and management
of marinas and marine structures.
As used in this chapter, the following terms shall have the
meanings stated after each such term:
A federally or locally designated navigation accessway in
the harbor.
All waters to the mean high water mark, within or bounding
the Village, as such waters are designated on the Official Map of
Port Chester which are located south and east of the mouth of the
Byram River.
Any garbage, refuse or rubbish and other waste material.
Any public or private installation which provides accommodations
or facilities for vessels, including mooring, docking, storing, leasing,
sale or servicing of vessels within the river or harbor or uplands
adjacent thereto, including yacht clubs, beach clubs, boatyards and
any other installation providing for services or storage space for
vessels.
Any boathouse, mooring and/or dock, or other structure in
any waters within or bounding the Village to a distance of 1,500 feet
from shore.
The average height of the high waters over a nineteen-year
period immediately preceding the current year.
The attachment of a vessel to a pier or dock or other structure
or the attachment of a vessel to the ground or lands underwater by
means of tackle so designed that, when such attachment is terminated,
some portion of the tackle remains below the surface of the water
and is not under the control of the vessel or its operator. The term
"mooring" shall also include the placing of a vessel at anchor for
more than 12 hours consecutively.
Any watercraft or other contrivance used or capable of being
used as a means of transportation in the water.
A.
Dangerous operation prohibited. No person shall operate a vessel
at a speed greater than is reasonable and prudent or which unreasonably
endangers the users of the Village waters under the conditions and
having regard to the actual and potential hazards then existing.
B.
Speed limit. No vessel shall be operated by any person within the
posted limits of the harbor at a speed in excess of five nautical
miles per hour, nor shall any vessel be operated by any person within
such limits so as to make dangerous wakes that have the potential
to cause injury to persons on another vessel or to cause damage to
another vessel, structure or shoreline.
C.
Identification. Vessel operators shall, at all times, identify themselves
and produce the vessel's registration to Village, state and federal
authorities upon request. Failure to produce such registration upon
request shall be a violation of this section.
D.
Anchoring and mooring. No person shall anchor or moor any vessel
in a channel within Village waters except in emergencies. Minor encroachments
by vessels within the outer edge of the Byram River channel may be
permitted on a seasonal basis, provided they are removed on demand
for dredging, bathymetric surveys and other public necessities, and
do not impede navigation through the channel.
E.
Fishing. No person shall anchor to or fish from any vessel located
in a channel.
F.
No person shall use or operate a vessel to tow a person on water-skis,
boards, tubes or any other device through the water.
Erection of marine structures requires a Village permit. The application process is set forth in §§ 148-13 through 148-15 of this chapter. The issuance of any necessary permits from the federal or state government, or any other regulatory authority, does not relieve any party seeking to erect a marine structure from the requirements of this chapter.
Excavating, dredging or filling in the Byram River and Port
Chester Harbor are subject to the issuance of all necessary federal
and state regulatory agency permits. All applicants are responsible
for applying for all necessary federal and state regulatory agency
permits and, at the same time, must submit one copy of the application
package made to such agencies to the Village Building Department.
A.
Littering. No person shall place, throw, deposit or discharge or
cause to be placed, thrown, deposited or discharged in to the harbor
or river from any vessels, marina or from the shoreline any litter
or any other materials, including, but not limited to hydrocarbons,
soapy and detergent waters which render the waters unsightly, noxious
or otherwise detrimental to the public health or welfare, to marine,
animal or plant life or to the enjoyment of the water for recreational
purposes.
A.
Litter receptacles at marinas. The owner or other person vested with
the possession, management and control of a marina shall be required,
under this chapter, to provide and maintain a sufficient number and
selection of trash receptacles for the deposit of litter at locations
where they are convenient to vessel users of such marinas.
B.
Toilet facilities at marinas.
(1)
The owner or other person vested with the possession, management
or operation of a marina shall maintain suitable toilet facilities
onshore for the accommodation of vessel users who are patrons of their
marinas.
(2)
The owner or other person vested with the possession, management
or operation of a marina accommodating 25 or more vessels with United
States Coast Guard approved onboard marine sanitation devices shall
install and maintain suitable vessel waste sewage and waste-pumping
facilities onshore for the purpose of servicing vessels.
A.
Anchorage and mooring areas. The anchorage grounds for vessels in
the water include the Byram River and Port Chester Harbor except those
areas within the fairways and channels used for ingress to and egress
from the Byram River and the harbor. The Harbormaster is authorized
to designate the areas within the harbor where vessels may be moored
or placed at anchor.
B.
Location of moorings.
(1)
The location of all offshore moorings for vessels shall be designated
by the Harbormaster or, in the Harbormaster's absence, the Village
of Port Chester Police Department.
(2)
No person shall moor a vessels in Village waters until its location
and position have been approved by the Harbormaster.
(3)
The Harbormaster shall have authority, for reasons of safety or other
documented reasons, to direct and order that the location or position
of moorings be changed. Such notice shall be provided to the owner
of the subject vessel and compliance shall be required within 10 days
thereof. Failure to comply with such direction or order of the Harbormaster
shall be a violation of this section.
A.
Permits required. No person shall moor, anchor or dock a vessel without a mooring permit, nor shall any person lay any mooring tackle, unless a permit is issued therefor and then only for the vessel specified in the permit and only at the location specified in the permit. The issuance of a mooring permit shall be evidenced by a decal, which shall be affixed to a vessel in accordance with § 148-9C.
B.
Mooring permit process.
(1)
Any person desiring to procure a mooring permit shall file with the Harbormaster a written application upon a form furnished by the Village Clerk. Such application shall state the name, type, length and registration number, if any, together with such proof of ownership or right to use of the vessel as the Harbormaster may require. The annual administrative fee, as set forth in Village Code Chapter 175, Fees, shall accompany the application.
(2)
The Harbormaster has the authority to approve or deny each application
for permit.
(3)
Mooring permits shall be issued only to the owner or lessee of the
vessel to be moored. A marina may apply for all vessels moored at
the marina, provided the required information is given for all such
vessels.
(4)
A mooring decal shall be issued upon the payment of an annual administrative
fee for vessels moored offshore, irrespective of where moored, and
for vessels docked at private docks, marinas and clubs.
(5)
No licensed vessel shall exceed 24 feet in length and eight feet
and six inches in width. For purposes of length, vessels shall be
measured from bow to stern on a center line over the deck; for purposes
of width, vessels shall be measured at their widest point. These maximum
dimensions shall include any additional platform(s) or extensions
that would increase the overall length or width of the vessel.
(6)
There shall be a charge as set forth in Chapter 175, Fees, for the issuance of a duplicate decal to replace a lost or misplaced decal.
(7)
Requests for a new mooring permit may be filed with the Village Clerk
at any time specifying the type and size of the vessel for which the
mooring permit is requested. After February 15, the last day for filing
applications for renewal of mooring applications may be forwarded
to those persons who have requested the same as space is available
for the type and size of vessel for which mooring space has been requested.
Within the limits of type and size of vessels, priority will be given
in the forwarding of applications for permits in the order in which
requests for such permits have been filed and accepted as complete
by the Harbormaster.
(8)
No more than one mooring space shall be allotted to any one vessel.
C.
Display of permit. The mooring permit decal issued pursuant to this Chapter 148 shall be conspicuously displayed on the exterior port side of said vessel and only on the particular vessel for which an application is on file.
D.
Transfer of permit.
(1)
Mooring permits are not transferable or assignable from person to person or vessel to vessel, except as herein provided. Subject to the consent of the Harbormaster and upon payment of a fee as set forth in Chapter 175, Fees, the holder of a permit may exchange such permit with the holder of another permit so as to allow an exchange of locations between such two holders. The holder of a permit may substitute another vessel of which such holder is the owner or lessee for the vessel originally specified in such mooring permit, provided that the Harbormaster approves such substitution upon written application therefor.
(2)
In the event that a holder of a mooring permit sells his vessel while
the permit is still in force, he shall immediately notify the Village
Clerk in writing. The party holding such mooring permit shall cause
the decal to be removed prior to the vessel's delivery to the
purchaser.
(3)
It is a violation of this section for any person issued a permit
to transfer or cause to be transferred such permit to any other person
or vessel. This violation shall apply to both the person so transferring
and person so receiving or benefiting from the transfer.
E.
Renewal of permit. Priority will be given in the issuance of permits
to those persons applying for the renewal of permits granted in the
preceding year. The applicant shall file with the Village Clerk renewal
application for such a permit on or before February 15 of the year
for which the permit is to be effective. The Harbormaster reserves
the right to reassign space based upon availability and size of vessel.
The prescribed fee for the renewal of the necessary permit shall be
paid at the time application is filed. In the event any permit holder
fails to file a renewal application with the Harbormaster by 5:00
p.m. of the last business day on or before February 15 of the year
in question, said party shall forfeit the priority for a renewal permit
as provided in this section and must make a new application for any
such permit.
A.
Mooring buoys must be clearly and permanently marked, in the manner
prescribed by the Harbormaster, with the owner's name or mooring
permit number. Winter buoys, when used, must be similarly marked.
B.
If a mooring buoy or winter buoy becomes a hazard to navigation,
the Harbormaster may, at the owner's expense, without previously
notifying the owner, remove the buoy and drop the chain to the bottom.
In such instances, the Harbormaster, the Village, or other agent of
the Village shall not be responsible for loss of the mooring or mooring
tackle.
C.
Multiple vessels on mooring buoys. No person shall moor more than
one vessel to any single mooring buoy, nor shall any other floating
object be secured to a mooring buoy by any person without the advance
permission of the Harbormaster.
A.
Permit holder. The permit holder shall be responsible for compliance
with all the provisions of this chapter and shall be subject individually
to the penalties provided for any violation of this chapter.
B.
Maintenance of mooring buoy equipment shall be maintained in good
condition to prevent the moored vessel from breaking adrift and damaging
other vessels and property and endangering public safety. Whenever
a mooring buoy is exchanged in accordance with this chapter, the mooring
buoy tackle shall be raised and inspected before another vessel is
placed on that mooring buoy. Mooring buoy tackle found to be in poor
condition will not be reset until it has been made safe by the owner
or his agent. This section shall not apply to mooring buoy tackle,
which has been installed or raised and inspected during the season
for which the current mooring buoy permit has been issued. Mooring
buoy tackle must be raised and inspected every three years, and defective
parts must be replaced.
C.
Responsibility of owner upon expiration or revocation of mooring
permit. Mooring buoy tackle in a space for which a permit has expired
and for which a renewal application has not been received shall be
removed by the owner. If such tackle is not removed by May 1, the
Harbormaster may remove it or have it removed and hold the same until
the cost of such removal is paid. Mooring buoy tackle in a space for
which a permit has been revoked shall be removed within 10 days of
notification of revocation.
D.
Unauthorized mooring tackle and buoys. Failure of an owner to remove unauthorized mooring tackle and buoy, including one for which no permit has been issued, may result in the owner being assessed for charges of mooring tackle and buoy removal, fined as defined in this chapter and subjected to liability for obstruction to navigation pursuant to § 148-16 of this chapter.
A.
Record of mooring. The Harbormaster or the Village Clerk shall record
in a proper register the location and the names, length, draft, beam
and type of all vessels moored in the harbor, as well as the names
and addresses of the owners of all such vessels, and the position
of each approved mooring shall be noted upon a map or chart of the
harbor. Such records, maps and charts shall be kept at the office
of the Village Clerk.
B.
Inspection of vessels. The Harbormaster, Assistant Harbormaster,
or a Police Officer, while on duty, may enter and survey all vessels
within Village waters for the purpose of determining compliance with
the Navigation Law of the State of New York and with this chapter.
C.
Revocation of permits. All permits may be revoked by the Harbormaster,
with the approval of the Village Manager, for any violation of this
chapter or any regulation promulgated by any applicable state or federal
law.
D.
Removal of vessels. The Harbormaster may remove unattended vessels
from their mooring or anchorage location in order to protect life
or property.
E.
If directions given by the Harbormaster, with the approval of the
Village Manager, with respect to removing unauthorized moorings or
changing the location of existing moorings, shortening of mooring
chains, cables or ropes or with respect to other provisions of this
chapter are not complied with within 10 days after notice of such
directions has been given as herein provided, the Harbormaster, with
the approval of the Village Manager, may cause such moorings to be
removed or changed or may drop the same to the bottom. The cost of
such removal, change or dropping will be assessed against the owner
of the vessel, and an action therefor may be instituted in the Village
Court. Whenever the Harbormaster shall be unable to find the owner
of a vessel mooring or any agent or person in possession, charge or
control thereof, upon whom notice may be served, the Harbormaster
shall address, stamp and mail such notice, by certified mail, to the
last known address of such person and, in addition thereto, shall,
during the notice period, attach said notice to the subject vessel.
F.
Any vessel or marine structures or parts thereof, including moorings,
which become a menace to navigation or a danger to life, property
or the environment, which is unseaworthy or sinks to the bottom or
is run aground or otherwise becomes disabled shall be removed by the
owner or person in charge thereof within 10 calendar days of issuance
of an order to correct said hazard by the Harbormaster. If such menace
to navigation and/or safety is not removed or corrected within 10
calendar days as aforesaid, it may be removed or corrected by the
Harbormaster or at his direction and the cost thereof shall be charged
against said owner or person in charge of said navigation hazard.
Nothing herein contained shall prevent the Harbormaster from taking
such immediate action as he deems necessary for the protection of
life, property or environment.
A.
Construction or reconstruction, as defined in Subsection B hereof, is prohibited unless the party seeking to perform the same obtains a permit with respect to the same.
B.
An application for a permit for the construction or reconstruction,
as defined herein, of a marine structure within the harbor shall be
referred by the Building Inspector to the Waterfront Commission within
five days of the date of the application, provided that it appears
to conform, in all respects, to all other applicable laws. For the
purpose of this section, "construction" and "reconstruction" shall
mean any new manufacture of any value or the addition to or alteration
of any existing marine structure where the estimated cost is more
than $2,000. "Addition," "alteration" or "erection," as used herein,
shall refer to activity respecting a single project or collectively
for any projects or portions thereof, over a one-year period, which
relate to any marine structure under common ownership.
C.
Notwithstanding the provisions of the above Subsection B, an application for a permit shall be filed for a construction or reconstruction which results in a changed configuration to an existing marine structure or which the Waterfront Commission determines may result in an interference with navigation within the harbor.
D.
Existing marine structures that do not possess a marine structure
permit shall apply for a permit from the Waterfront Commission. Submission
of a copy to the Waterfront Commission of a valid federal (Army Corps
of Engineers) permit for the structure may satisfy this requirement.
The Waterfront Commission may approve, disapprove or approve
with condition any application for a permit referred to it, provided
that such action shall be by the majority vote of Commission members
present. In case of disapproval, the Commission shall find that the
marine structure for which the permit was applied would, if erected,
be detrimental to the desirability or development of the harbor by
reason of:
A.
Method and manner of construction: unsuitable materials, methods
or design which can be reasonably expected to result in a marine structure
that may fail to accomplish its stated and intended purpose or will
present a safety hazard to any person utilizing the harbor for commercial
or recreational pursuits.
B.
Inappropriateness of marine structure: inappropriate size, design
or material which will result in a marine structure that is ill-suited
or ill-adapted and will conflict with the lawful use of any existing
marine structure in the harbor or any land-based structure located
within 500 feet.
C.
Siting of the marine structure: location of a marine structure such
that it lies within the lines of a channel or which would result in
vessels moored to the structure lying within the lines of a channel.
Minor encroachments may be permitted, provided the structure is a
floating structure for seasonal use and which is removable for channel
maintenance and does not substantially interfere with navigation through
the channel.
A.
The Building Department shall refuse any permit application disapproved as provided in § 148-14. Failure on the part of the Waterfront Commission to act on any permit application referred to it under this chapter within 90 days from the date of receipt of the application by the Waterfront Commission from the Building Department shall be deemed to constitute approval, unless the time limit is extended by stipulation with the applicant.
B.
The Building Department shall forthwith issue an order to stop all
work of construction or reconstruction of any marine structure if
an applicant proceeds after the application has been disapproved by
the Commission or if the applicant proceeds in a manner inconsistent
with the conditions or specifications under which the Commission approved
the application.
C.
Any person aggrieved by the action of the Waterfront Commission on
approving or disapproving a permit application may take an appeal
therefrom to the duly constituted Zoning Board of Appeals of the Village
of Port Chester in the same manner as is provided for zoning appeals,
and such Board of Appeals, after proceeding in the same manner as
is provided for zoning appeals and with the same power and authority
therein vested in passing upon appeals before it under the provisions
of law and Chapter 98, Zoning, of the Village of Port Chester Code,
and in the exercise thereof, may reverse or affirm the action of the
Waterfront Commission.
A.
Enforcement. The enforcing authority of this chapter shall be the
Harbormaster, the Assistant Harbormaster, and any member of the Police
Department of the Village of Port Chester.
B.
Penalties for offenses.
(1)
Any person who has been determined to be in violation of any of the
foregoing provisions of this chapter may, upon conviction, be punished
by a fine not exceeding $250 or imprisonment not exceeding 15 days,
or both, for each and every day in violation.
C.
Appeals. The Zoning Board of Appeals of the Village of Port Chester
shall be empowered to hear and decide appeals from and reviews of
any order, requirement, decision or determination made by the Village
of Port Chester Harbormaster with respect to the issuance or revocation
of mooring permit as provided for in this chapter.
(1)
Request for hearing. Upon the denial of a permit by the Harbormaster
in connection with the issuance of a mooring permit or upon the issuance
of a notice of revocation of any such permit, the aggrieved applicant
may, within five days after receiving written notice from the Harbormaster
or the Village Clerk, file an appeal, in writing, in the office of
the Village Clerk, requesting a review of any such determination by
the Harbormaster. The Zoning Board of Appeals shall hear and decide
such appeals and may reverse or affirm, wholly or partly, or may modify
the determination appealed from and/or make such determination and
order which, in its opinion, should be made under the circumstances.
(2)
(Reserved)
(3)
Hearing. Upon receipt of a request for a hearing as provided above,
the Clerk of the Zoning Board of Appeals shall set a time and place
for a public hearing. Such hearing shall commence no later than 30
days after the date on which the request was filed, unless an extension
of said time period is agreed upon by both the Zoning Board of Appeals
and the aggrieved party. Failure by the Zoning Board of Appeals to
commence said hearing within the above-specified time period shall
not be deemed to constitute approval of such request if good and sufficient
reason exists.
(4)
Conduct of hearing. The applicant, or his representative, shall be
given an opportunity to show cause why such decision by the Harbormaster
should be modified or withdrawn. The burden of proof in this regard
shall be upon said applicant, or his representative, who shall be
required to demonstrate by a fair preponderance of the evidence that
the Harbormaster's decision should be withdrawn or modified.
(5)
Findings. Upon consideration of the evidence presented, the Zoning
Board of Appeals shall sustain, modify or withdraw the Harbormaster's
decision.
D.
Adoption of administrative regulations. In the event administrative
regulations are required for the safe and efficient maintenance of
the harbor and related moorings and float facilities, the Waterfront
Commission shall prepare regulations with respect to the same and
submit them for approval as follows:
(1)
Any proposed administrative regulation relative to this chapter shall
be submitted to and reviewed by the Harbormaster and the Village Manager.
(2)
Any proposed administrative regulation relative to this chapter shall
be approved by the Village Board of Trustees.
(3)
After being approved by the Village Board of Trustees, said regulation
shall be published in the manner required by law and shall be enforced
by the Harbormaster.