[HISTORY: Adopted by the Town Board of the
Town of Babylon 4-13-1993 by L.L. No. 3-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law supersedes former
Ch. 86, Boats, adopted 12-9-1969, as amended.
The provisions of this chapter shall apply to
all waters and waterways within or adjacent to the Town or subject
to its jurisdiction, except when prohibited by the laws of the United
States of America.
As used in this chapter, the following terms
are defined as follows:
Main channels, cross channels connecting with them, basins
adjacent to docks, piers and wharves and bathing areas.
Every description of watercraft, boat or other contrivance
used on or capable of being used as a means of transportation in water.
The Town of Babylon hereby adopts all provisions
of the Navigation Law, the Environmental Conservation Law and the
Vehicle and Traffic Law of the State of New York as applicable to
the waters and waterways within or adjacent to the Town and subject
to its jurisdiction as defined in Town Law § 130, Subdivision
17. The Bay Constables of the Town of Babylon shall be responsible
for enforcement of this chapter and any applicable provision of the
New York State Navigation Law, the Environmental Conservation Law
and the Vehicle and Traffic Law of the State of New York.
A.
No vessel shall be operated at a greater rate of speed
than five miles per hour in channels nor at a greater speed than five
miles per hour in areas designated as basin, dock anchorage or bathing
areas, except that in channels in the open bay, speed shall be limited
to 12 miles per hour.
B.
No vessel shall be operated at a greater rate of speed
than five miles per hour in, over and along any creek or canal or
along any part of any creek or canal lying within the territorial
limits of the Town, whether propelled in whole or in part by gas,
gasoline, naphtha, oil or similar explosive medium or propelled by
other means.
C.
Unless otherwise provided in this section, no vessel
shall be operated in excess of 45 miles per hour within navigable
waters of the Town of Babylon.
[Amended 8-5-2006 by L.L. No. 22-2006]
A.
It shall be unlawful for a person operating a vessel
to throw up a wake in an area where boats are moored, docked or anchored;
where there are docks, floating or stationary; or in the area of a
beach or park.
B.
It shall be unlawful for a person operating a vessel
to throw up a dangerous wake when approaching or passing another vessel,
which wake endangers the property of another or the life or limb of
any person or interferes with the free and proper use of the water
of a channel.
[Amended 11-6-2008 by L.L. No. 26-2008]
No vessel or floating object is to be made fast
to any dock, pier or wharf, rafted or otherwise made fast to any other
vessel or anchored or otherwise secured to any underwater land in
any harbor area within the Town of Babylon in such a manner as to
obstruct the free and unimpeded navigation over such waterways. As
a general rule, no vessel or floating object is to be docked, moored
or otherwise secured to any dock, pier or wharf within the harbor
areas of the Town of Babylon where it would occupy more than 1/4 the
width of the harbor area (creek, canal or river) as measured along
a perpendicular line from the dock, wharf or shoreline to which the
vessel is secured to the opposite or parallel shoreline or wharf or
anchored within 50 feet of the channel markers or in such manner as
to interfere with the full use of the channel. Where, in the opinion
of the Harbor Master, a vessel or floating object interferes with
navigation in the harbor area, he shall issue a violation notice specifying
that said vessel shall be moved or made fast so as not to interfere
with navigation. The time for compliance with an order under this
section is 48 hours unless for good cause the Harbor Master shall
specify a lesser time. Failure to comply with a notice pursuant to
this section shall be deemed a violation under this chapter.
Any vessel which is abandoned, is a menace to
navigation or is unseaworthy or has sunk, is grounded or has otherwise
become disabled shall be removed by the owner or person in charge
thereof on order of the Harbor Master to such a place as shall be
directed by the Harbor Master. If said vessel is not removed within
10 days after order to the owner or last user thereof to remove it,
it may be removed by or at the direction of the Harbor Master or any
duly authorized officer or agent thereof at the expense of the owner
or person in charge of said vessel, and the expense thereof shall
be a lien upon the vessel. Notwithstanding the foregoing, in the event
the presence of such a vessel presents an immediate threat to life,
limb or property or the owner or last user thereof is not known, the
Harbor Master, in his sole discretion, without prior notice to the
owner or the last user thereof, may remove such vessel to such place
as he/she deems necessary. The expense thereof shall be a lien upon
the vessel.
[Amended 8-17-1993 by L.L. No. 7-1993; 11-18-2014 by L.L. No.
14-2014]
A.
No person shall tie up to or make fast to or park
a vessel at any bulkhead, dock, pier or wharf owned by, maintained
by or under the jurisdiction of the Town, unless he/she shall have
first obtained from the Commissioner of Parks, Recreation and Cultural
Affairs a permit therefor, as hereinafter provided, except in the
case of an emergency requiring repairs to the vessel or the motor
therein or in the case of a medical emergency.
B.
No owner or person in charge of any vacant real property
zoned residential in the Town shall permit, let or suffer any person
to place any boat not owned by an owner of such real property upon
such real property or tie up to, make fast to or dock a boat not owned
by an owner of such real property at any bulkhead, dock, pier or wharf
owned by or maintained by the owner or the person in charge of such
real property in the Town unless the owner of the property shall have
first obtained from the Commissioner of Parks, Recreation and Cultural
Affairs a permit therefor, as hereinafter provided, except in the
case of an emergency requiring repairs to the boat or motor therein.
C.
It shall be unlawful for any person or entity, as owner, occupant,
lessee or agent, or in any other capacity, to store, place, maintain,
tie, moor, suffer or cause or permit to be stored, placed, maintained,
tied, or moored any barge, crane, or floating equipment to any dock,
bulkhead, pier, wharf, or rafted or otherwise made fast to any other
vessel or anchored or otherwise secured to any real property zoned
residential within the Town of Babylon unless said barge, crane, or
floating equipment is maintained, used or stored in conjunction with
work approved and associated with a building permit issued by the
Building Inspector, and/or a dredging permit issued by the Town Clerk
and/or New York State Department of Environmental Conservation and/or
United States Army Corps of Engineers permit.
[Added 9-4-2019 by L.L.
No. 12-2019]
Vessels owned by municipalities or federal or
state agencies shall be exempt from the requirement of a docking permit.
[Amended 8-17-1993 by L.L. No. 7-1993; 10-6-2009 by L.L. No.
17-2009]
A.
No permit for the mooring of vessels within the Town of Babylon, as provided for in § 86-11 hereof, shall be issued by the Commissioner of Parks, Recreation and Cultural Affairs unless the applicant therefor shall submit to him/her a written application, sworn to under oath by the applicant, on forms provided for that purpose, setting forth the following facts:
[Amended 11-18-2014 by L.L. No. 14-2014]
(1)
That
the applicant is the owner of the vessel for which the permit is sought.
(2)
The
name of and the number, if any, assigned by the authorities of the
United States of America to the vessel.
(3)
That
the applicant resides within the Town.
(4)
That
the boat is otherwise in compliance with all federal, state, county
and Town laws, codes, ordinances, rules and regulations, including
but not limited to New York Navigation Law.
B.
No permit for a dock, bulkheading, pier or wharf, as provided for in § 86-11 hereof, shall be issued by the Town Clerk unless the applicant therefor shall submit to him/her, sworn to under oath by the applicant, on forms provided for that purpose, a statement showing the following:
(1)
That the applicant is the owner of the vacant property. For purposes
of this section, "vacant real property" shall be defined as any residential
parcel or property which is not improved by a residence or any legal
structure utilized for residential purposes.
(2)
That the Commissioner of Planning and Development has approved the
issuance of the permit.
(3)
If known at the time of the application, the names and addresses
of the owners of the boats to be docked or placed upon such real property,
together with the make, model and size of the boats and registration
numbers. This information shall be provided by the owner of the property
to the Town Clerk as such information becomes available or within
10 days after changes to that information.
C.
Approval for a dock, bulkheading, pier or wharf;
(1)
No permit shall be issued under § 86-11 unless the application is first approved by the Commissioner of Planning and Development. In determining whether to approve such application, the Commissioner of Planning and Development shall inspect and consider the following:
(a)
The quality of the bulkhead, dock, pier or wharf.
(b)
The safety of the bulkhead, dock, pier or wharf.
(c)
The length of the dock and/or bulkheading and/or pier and/or
wharf.
(d)
That the facilities available to boat owners and/or operators
for fueling, discharge of waste and rubbish, electrical service and
water service are adequate and in compliance with all federal, state,
county and Town laws, codes, ordinances, rules and regulations.
(e)
That the premises is otherwise in compliance with all federal,
state, county and Town laws, codes, ordinances, rules and regulations,
including but not limited to New York Navigation Law § 33-c.
(f)
That the property shall have at least two off-street paved parking
areas, plus one additional off-street paved parking area per boat
to be docked, two additional off-street paved parking spaces for each
boat to be placed upon the property, and that the issuance of a permit
pursuant to this section will not otherwise result in overcrowding
of the parking areas on the street.
(2)
Based upon the foregoing, the Commissioner of Planning and Development
may approve the dock, bulkheading, pier or wharf permit and shall
specify thereon the number of boats which shall be permitted to dock
at or be placed upon the property.
[Amended 10-6-2009 by L.L. No. 17-2009]
A.
If the Commissioner of Parks, Recreation and Cultural Affairs is
satisfied that the applicant is a resident of the Town and possesses
the required qualifications, he/she shall issue a permit to the applicant
upon payment of such fee therefor as shall be determined from time
to time by the Town Board.
[Amended 11-18-2014 by L.L. No. 14-2014]
B.
In the event that an owner or person in charge of a boat or personal
watercraft is in violation of this chapter or fails to comply with
all federal, state, county and Town laws, ordinances, rules, regulations
and codes respecting the docking of boats, the Commissioner of Parks,
Recreation and Cultural Affairs may revoke the permit granted hereunder.
C.
In the event that an owner or person in charge of a dock, bulkheading,
pier or wharf is a violation of this chapter or fails to comply with
all federal, state, county and Town laws, ordinances, rules, regulations
and codes respecting the docking of boats, the Commissioner of Planning
may revoke the permit granted hereunder.
All docking permits issued hereunder shall expire
on the 31st day of December of the calendar year in which said docking
permit is issued.
The Town Board shall set aside a portion or
portions of the bulkheaded docks, piers or wharves owned by, maintained
by or under the jurisdiction of the Town as loading areas, at which
areas persons not holding docking permits as herein specified may
land their vessels for the purpose of unloading and loading passengers
for periods of not longer than one hour.
No person shall at any time engage in trawling,
beam trawling or net fishing or use nets or fykes of any kind or description
(except bait nets, crab nets and eel pots) for the taking of fish
over that land lying under water owned by or under the lawful jurisdiction
of the Town in the Great South Bay, the tributaries thereof and/or
the Fire Island Inlet.
No person shall operate a vessel on the navigable
waters of the Town while the person's ability to operate such vessel
is impaired by the consumption of alcohol or while such person is
in an intoxicated condition, as defined in Vehicle and Traffic Law
Article 31, or while the person's ability to operate such vessel is
impaired by the use of a drug, as defined in Public Health Law § 3306.
