§ 74-10. Mooring permits.

A. 

Mooring permit required.

(1) 

A mooring permit shall be required prior to any person:

(a) 

Placing or causing to place any mooring or mooring tackle in or upon any surface waters or underwater lands within the Harbor Complex;

(b) 

Securing any vessel, floating home, structure, barge, raft, private float or any other object to any mooring.

(2) 

Exceptions. A mooring permit shall not be required for

(a) 

Any mooring temporarily installed to facilitate approved dredging, approved dock construction or other approved water-related work projects.

(b) 

Any mooring installed in a Town of Brookhaven approved mooring franchise area, provided the installation is performed by the franchisee pursuant to an authorized franchise agreement between the Town and the franchisee.

(3) 

A permit obtained from the Town of Brookhaven does not relieve a person of the necessity to obtain a permit or approval as required by any other governmental entities.

B. 

Mooring location.

(1) 

All moorings must be placed at the particular location as specified in the mooring permit.

(2) 

A mooring may only be relocated upon obtaining an amended mooring permit specifying the new location.

C. 

Duration and number of mooring permits.

(1) 

A mooring permit shall be valid for one calendar year.

(2) 

No more than two mooring permits shall be issued to any person for the calendar year.

D. 

Display of permit number. Mooring permit identification numbers must be clearly displayed, not less than three inches in height, on the buoy or float attached to the mooring tackle. A copy of the permit placard issued by the Town of Brookhaven must be clearly posted on any vessel attached to a mooring in such a manner that allows the Harbormaster or Bay Constable to identify and compare the permit identification numbers on the mooring buoy to the moored vessel.

E. 

Nontransferability of mooring permit. Any person holding a mooring permit shall not transfer the permit to any person without the written consent from the Town of Brookhaven.

F. 

Acceptance of mooring permit. Acceptance of a mooring permit shall constitute an agreement and acknowledgement that the permit owner will hold the Town of Brookhaven and its authorized representatives completely harmless for any liability or expenses incurred in connection with the mooring, and/or the removal, storage, impounding or towing of the mooring or moored vessel as set forth in § 74-15 of this chapter.

G. 

Revocation of mooring permit. The Town of Brookhaven may suspend, revoke or refuse to renew any mooring permit upon a showing that the permit owner failed to comply with the provisions of this chapter. Prior to the Town revoking or refusing to renew any mooring permit, written notice shall be sent to the permit owner, by certified or registered mail to the address provided on the last application. The written notice shall set forth the reasons for such revocation or nonrenewal and provide the permit owner an opportunity to present any evidence regarding the revocation or non-renewal. Nonuse of an assigned mooring location for a period of 120 consecutive days may constitute a sufficient basis for such revocation or nonrenewal. Any revocation or nonrenewal shall be effective 48 hours after the Town's decision, and the permit owner shall remove said vessel or mooring within that time period. Failure to remove the vessel shall be a violation of this chapter.

H. 

Mooring permit fees shall be established by the Town Board and may be amended from time to time. Note: No fee shall be assessed for permits issued for moorings placed or installed on privately owned underwater lands.

[Added 1-7-2014 by L.L. No. 2-2014, effective 1-15-2014]