§ 10-29. Town marinas and mooring areas., Chapter 10. Parks and Recreation Areas, Code of Ordinances, Brookhaven

Permits.

(1)

It shall be unlawful for any person to permit or allow any boat to be anchored, moored, tied or otherwise confined in or at a Town marina or designated mooring area without a valid permit.

(2)

Any boat anchored, moored, tied or otherwise confined in or at a Town marina or designated mooring area without a valid permit may be removed and stored at a suitable place by the Town at the owner's expense.

Slips and dock space. Seasonal slips and dock space shall be assigned to permittees hereunder by the Town Clerk and transient permittees by the Commissioner of Parks, Recreation and Human Resources, hereinafter referred to as the "Commissioner," as hereafter provided.

Designation of seasonal and transient berths and mooring areas. The Commissioner shall designate which slips and mooring areas shall be available for seasonal and transient use and shall prepare a report of available seasonal slips for the Town Clerk prior to the date set hereunder for issuance of such seasonal permits for each year.

Town marinas.

(1)

For the purposes of this section, the term "Town marinas" shall include the following marina and launch ramp locations:

(a)

Port Jefferson Marina.

(b)

Mount Sinai Marina.

(c)

Corey Creek Marina.

(d)

Sandspit Marina.

(e)

Forge River Marina.

(f)

Great Gun Marina.

(g)

Davis Park Marina.

(h)

Stony Brook Ramp.

(i)

Pine Neck Marina.

(j)

Maple Avenue Ramp.

(k)

Nevele Park.

(l)

Any other marinas, launch ramp facilities or mooring areas which shall exist or which from time to time shall be designated, constructed or acquired by the Town.

(2)

Town mooring areas. For purposes of this section, the term "Town mooring area" shall include Mount Sinai Harbor.

Application for marina and mooring permits; issuance; expiration.

(1)

Summer permit. Any resident who is the owner of a private pleasure boat shall be entitled to make application for a permit to tie, moor or dock said boat to the dockage facilities at a Town marina. Such permits shall be issued in the order in which received by the Town Clerk or his designee and s/he shall assign the permit holder to a specific berth. In addition, the Town Clerk is hereby authorized to temporarily reassign berths as s/he deems necessary and/or appropriate. Renewals of summer permits from the prior summer season shall take priority over new applications. In the event that the next available berth cannot be occupied by the next applicant, the Town Clerk may pass over said applicant and assign the berth to the next following applicant on the list whose boat may be accommodated by that particular slip or, at the Town Clerk's discretion, may offer said slip simultaneously and in writing to the entire waiting list and issue said permit according to the order in which said wait list applicants responses are received.

[Amended 12-7-1999 by L.L. No. 13-1999, effective 12-10-1999]

(a)

Application. Such application shall be on the form furnished by the Town Clerk and shall set forth the registration number, if any, the name of the boat, the manufacturer's name, the overall length and beam of such boat for which the permit is applied, the date of such application, the name and address of the owner and the age of the owner. In the event that the boat is documented by the United States Coast Guard, a photocopy of the current documentation papers shall be supplied. The Town Clerk shall have the right to reject any application if the boat is not registered within the United States or documented by the Coast Guard.

(b)

Expiration. Such permit shall be effective on the second Saturday in May of each year and shall expire on the first Sunday in November of the year for which it is issued. Renewal applications must be filed on or before the date set by the Town Clerk. In the event that such application for renewal is not filed on or before said date, the slip shall be available to the next applicant in the order in which the applications for such permits are received. The Town Clerk shall have the right to vary the dates during which permits are valid, depending upon the state of repairs and readiness for occupancy of the Town marinas.

(c)

Identification. Any holder of a permit must attach the permit identification to the boat as herein provided, and failure to do so shall be prima facie evidence that no permit is held by the owner of such boat.

(2)

Winter or annual permits. In the event that the Town Board designates Town marinas or mooring areas for winter or annual occupancy, resident and nonresident owners of boats shall be entitled to make application for a winter season or an annual permit to tie, moor or dock a boat to the specified dockage facilities or designated mooring areas, subject to such terms and conditions as may be imposed by the Town Board.

(3)

Transient permits. Resident and nonresident owners of boats shall be entitled to make application for transient permits to tie, moor or dock a boat to those dockage facilities at Town marinas designated for transient use from the second Saturday in May through the first Sunday in November of each year. During other periods, all transient dockage facilities shall be closed to the public except by special permission of the Commissioner. No boat shall be tied or moored at those dockage facilities at Town marinas designated for transient use without the owner or operator first having paid for a permit to tie, moor or dock said boat at the transient dock facility for the time period during which it is so tied, moored or docked. In the event said fee has not been paid, any boat so tied, moored or docked may be removed, stored and disposed of pursuant to the terms of this chapter.

[Amended 6-18-1991 by L.L. No. 3-1991, effective 6-24-1991]

(4)

Mooring permits. Residents shall be entitled to make application for a mooring permit to moor a boat in Town-designated mooring areas for use from March 1 through November 30. During other periods, all mooring areas shall be closed and/or unavailable to the public except by special permission of the Commissioner.

(a)

"Resident" defined. For purposes of this subsection, a "resident" is an applicant who owns and occupies a residential dwelling within the Town of Brookhaven or whose principal place of residence is located within the Town of Brookhaven.

(5)

Transient permits shall be issued by the Commissioner or by any employee of the Town of Brookhaven designated by the Commissioner for said purpose. The applicant who has a boat with living quarters shall certify on the application that the boat is either a sailing vessel or mechanically propelled.

[Amended 8-2-2011 by L.L. No. 19-2011, effective 8-10-2011]

(6)

Application. Such application shall be on the form furnished by the Commissioner and shall set forth the registration number, if any, the name of the boat, the manufacturer's name, the overall length and beam of such boat for which the permit is applied, the date of such application, the name and address of the owner and the age of the owner. In the event that the boat is documented by the United States Coast Guard, said applicant shall furnish a copy of said current documentation papers. The Commissioner may refuse permission for a transient slip for any boat that is not registered within the United States or documented by the United States Coast Guard.

(7)

Expiration.

(a)

Transient permits shall be issued for a specific number of days and shall expire at 10:00 a.m. on the last day for which said permit has been issued. All boats must be removed on or before the expiration of said permit. Holders of transient permits may remove their boats at any time and return at any time prior to expiration of the permit and continue to be located in said slip or berth until said expiration date.

(b)

Mooring permits shall be issued for the season [as set forth hereinabove at Subsection E(4)]. All boats must be removed from their mooring and all mooring tackle shall be removed from the mooring area on or before November 30 of each year.

(8)

Any holder of a permit must attach the permit identification to the boat as herein provided, and failure to do so shall be prima facie evidence that no permit is held by the owner of such boat. Any holder of a new mooring permit shall also display the permit number on the buoy or float attached to the mooring tackle.

(9)

Terms. Water, electricity or any other form of maintenance for transient dockage shall be at the risk of the permit holder, and the Town of Brookhaven shall in no way be responsible for any damages that may result by reason of interruption of water, electricity or other form of maintenance.

Removal of boats sunken or obstructing navigation.

(1)

Whenever a boat is sunk at a Town marina or mooring area, accidentally or otherwise, it shall be the duty of the owner of such boat to immediately mark it with a buoy or beacon during the day and a lighted lantern at night and to maintain such marks until the boat is removed.

(2)

It shall be the duty of the owner of a sunken boat to commence its immediate removal and complete such removal within five days, except as provided in Subsection F(4) below.

(3)

Any sunken boat not removed by the owner in accordance with Subsection F(2) may be removed by the Town.

(4)

If the Commissioner or the Commissioner of Public Safety or any duly designated Town employee determines that a boat in a Town marina seriously interferes with or specifically endangers navigation, the Town may remove the boat immediately and assess the costs of said removal against the owner.

Removal of boats.

(1)

The application for a permit to dock a boat at a Town marina or to moor a boat in a Town-designated mooring area shall constitute authorization by the Town Board, its agents, servants or employees to remove such boat from the marina or mooring area to a suitable place at the expense and risk of the owner in the event that it becomes necessary to remove such boat because of the expiration of the permit or for such other grounds or reasons as are set forth in this chapter.

(2)

All boats removed pursuant to this chapter shall be handled, sold or otherwise disposed of in accordance with Subsection O below.

Acceptance of permit. Acceptance of a permit shall constitute an agreement that the permit holder will hold the Town of Brookhaven and its authorized representatives completely harmless for any liability in connection with the operation, docking, tying, mooring, removal or disposal of his boat.

Display of permit. Every permit issued hereunder shall be accompanied by a decal or other authorized identification, which shall bear the number of the permit, the year of issuance of such permit, its expiration date and the number of the assigned slip. Such identification shall be firmly affixed to the windshield or other conspicuous place in such a manner that the same shall be easily read and distinguishable while the boat is docked at the facility for which the permit is issued. Any boat without a valid permit so displayed may be removed and stored by the Town at the owner's expense.

Minors. No permits hereunder shall be issued to minors. No person under 12 years of age shall be admitted to, or permitted in, a designated mooring area or marina unless accompanied by an adult who shows full responsibility for his safety and conduct.

Nontransferability of permit. A permit granted by the Town pursuant to this section shall not be assigned or transferred. Persons holding a permit may not sublease the space assigned to the holder of such permit or allow any other person to dock, moor or otherwise use such space, and the same may be used only by the boat for which the permit is issued. Permits are only valid for the slip, mooring or docking space designated thereon. However, in the event that a seasonal boat is to be gone from its slip for a period in excess of 24 hours, the permit holder shall give notice to the dockmaster of the duration of the intended vacancy, and in such event, the Town may allow use of the slip during said period by transient boats. Upon the death of a boat slip or waiting list holder, the surviving spouse may assume the boat slip or place on the wait list. This shall not be deemed a transfer or assignment pursuant to this section.

[Amended 10-29-2015 by L.L. No. 21-2015, effective 11-16-2015]

Commercial activities. No boat docked or moored at a Town marina or designated mooring area may be used for the sale of consumer merchandise or services without permission of the Town Board. If such permission is granted, the Commissioner shall designate the slip or mooring place to be assigned. No boat may be docked or moored at a Town facility for the purpose of leasing or renting occupancy for any person. This subsection shall not be construed to prohibit any permit holder from allowing a guest to remain on board any boat, provided that there is no monetary exchange in connection with the use of said boat by any such guest.

Rejection of application and revocation of permit.

(1)

Seasonal applications. The Town Clerk may reject any application for any type of boat for any reason which, in his judgment, may jeopardize the safety of other permit holders and their boats stored in a Town marina. The Town Clerk shall reject any application to tie, moor or dock a boat which has living quarters but is neither a sailing vessel nor mechanically propelled.

(2)

Transient and mooring applications. The Commissioner or his duly designated representative may reject any application for any type of boat for any reason which, in his judgment, may jeopardize the safety of other permit holders and their boats stored in a Town marina or designated mooring area. The Commissioner shall reject any application to tie, moor or dock a boat which has living quarters but is neither a sailing vessel nor mechanically propelled.

(3)

Revocation of seasonal permits. The Town Clerk may revoke or refuse to renew any seasonal permit upon a showing that the permit holder has acted or allowed his boat or slip to be used in violation of this chapter. In such event, written notice of the charges shall be sent to the permit holder at the address given on the application. Said notice shall state the nature of the charges and that the permit holder shall have an opportunity to answer the charges on a specified date, place and time before the Town Clerk. Said revocation shall be effective 48 hours after the final determination of the Town Clerk, and the permit holder shall remove said boat forthwith.

(4)

Revocation of transient and mooring permits. The Commissioner or his duly authorized representative may revoke any transient or mooring permit should it appear that the slip or mooring for which said permit has been issued is being used in violation of any section of this chapter or any rule or regulation issued thereunder. In such event, the permit holder shall be entitled to a pro rata refund after submitting a claim voucher to the Commissioner of Finance and verification of said claim by the Commissioner.

Rules and regulations. Persons using the docking facilities of a Town marina or mooring a boat in a Town-designated mooring area shall at all times obey any reasonable request of persons designated by the Commissioner to be in charge of such facility or designated area and shall obey all rules and regulations as the same may be posted by the Commissioner. From time to time, the Commissioner shall promulgate and amend rules and regulations pertaining to the operation of Town marinas and designated mooring areas, provided that the same are not in conflict with this section and are subject to approval by the Town Board.

Storage and disposal of boats.

(1)

The Town may store boats impounded pursuant to this section in a suitable place at the expense of the owner.

(2)

Charges for impounded boats.

(a)

All reasonable and necessary expenses for impounding boats, including, without limitation, the costs for removal and storage, shall be a charge against the boat; and if the owner thereof fails or refuses to claim the boat and reimburse the Town for all charges within the time permitted by Subsection O(5) below, the Town may sell the boat; and the proceeds of such sale, less costs, shall be held by the Town, without interest, for the benefit of the owner for a period of five years. If not claimed within such five-year period, the proceeds shall be paid into the Town's general fund.

(b)

The last owner of an impounded boat shall be liable to the Town for all reasonable and necessary expenses for impounding his boat.

(c)

The Commissioner of Public Safety shall establish a schedule of charges for impounded boats subject to approval by the Town Board.

(3)

Notification to owner.

(a)

Except for boats governed by Subsection O(5)(c) below, the Town shall make an inquiry concerning the last owner of the impounded boat as follows:

[1]

With registration numbers affixed, to the jurisdiction which issued such numbers.

[2]

With no registration numbers affixed, to the New York State Department of Motor Vehicles and the United States Coast Guard.

(b)

The Town shall notify the last owner and any lienholder and mortgagee, if known, that the boat in question has been removed and that, if unclaimed, it will be sold at public auction 30 days from the date such notice was mailed. In addition, at the Town Clerk's discretion, the Town Clerk may cause notice of removal to be published in a newspaper, addressed "To Whom It May Concern," requiring the redemption thereof.

(4)

Redemption. The owner of the boat or person entitled to possession of a removed boat may redeem it any time prior to sale upon submission of adequate proof of ownership or entitlement and payment of all charges.

(5)

Sale.

(a)

Except for boats governed by Subsection O(5)(b) and (c) below, the Town may sell an impounded boat 30 days after notification is mailed to the owner in accordance with Subsection O(3)(b) above.

(b)

If, as a result of the inquiry made pursuant to Subsection O(3) above, the owner is not known, the Town may sell the impounded boat 30 days after its removal.

(c)

A boat having, at the time of removal, taking into consideration its conditions, a wholesale value of $100 or less and which is not suitable for operation on the water may be sold or otherwise disposed of immediately.

(d)

The sale of a removed boat shall be at public sale, with notice of such sale being posted conspicuously in at least three places in the Town at least six days before the date of sale. The Town Clerk may, at the Town Clerk's discretion, give other publicity of such sale or delay the sale in the interests of justice.