§ 74-11. Mooring restrictions.

A. 

Vessel restrictions. No person shall secure a vessel to any mooring in a manner that causes such vessel to interfere with or be within:

(1) 

The riparian access of a waterfront property owner;

(2) 

One hundred feet of any swimming area;

(3) 

The swing radius of any adjacent moored vessel(s);

(4) 

Fifty feet of:

(a) 

The Federal Navigation Channel or any access lane;

(b) 

Any aid to navigation or buoy marker.

B. 

Non-authorized use of moorings. No person shall rent, lease or accept any monetary consideration for the use of any installed mooring except pursuant to an authorized franchise or lease agreement between the Town and the franchisee or lessee.

C. 

Minimum mooring tackle standards.

(1) 

Mooring installation.

(a) 

No person shall install, place or cause to be placed any mooring within the Harbor Complex unless such mooring is of sufficient size, strength and condition to hold the moored vessel safely in severe storm conditions.

(b) 

All installed moorings must include a nonmetallic mooring buoy and a pennant float, commonly known as a "pick up stick."

(2) 

Mooring use. No person shall secure any vessel to an installed mooring unless the mooring tackle is of sufficient size and strength to hold the moored vessel.

D. 

Mooring maintenance required.

(1) 

All mooring owners shall be:

(a) 

Responsible for maintaining their mooring lines, tackle and chafe gear in order to provide for the safe and secure mooring of their vessels; and

(b) 

Liable for any damage caused to their own vessel or to any other vessel resulting from the mooring owner's reckless action or negligence in maintaining any mooring lines, tackle and chafe gear.

(2) 

Upon the failure of any person to provide for the safe and secure mooring of any vessel, the Town of Brookhaven may properly secure such vessel. The failure of any person to provide for the safe and secure mooring of any vessel will result in such person being responsible and liable for all costs, including but not limited to labor, materials and administrative fees, incurred by the Town of Brookhaven in properly securing the vessel.

E. 

Expiration of mooring season.

(1) 

Except as set forth in Subsection E(2) herein, within five days of the expiration of the mooring season, as defined under this chapter, all moorings and mooring tackle must be removed by the owner. The failure to remove any mooring or mooring tackle may result in the Town of Brookhaven removing such mooring and mooring tackle and the permit owner or registrant shall be responsible for all costs incurred by the Town of Brookhaven for the removal of such mooring and/or mooring tackle, in addition to any fines for any violations of this chapter.

(2) 

The following moorings may remain in place for the permitted calendar year:

(a) 

Moorings located in the designated Barge Mooring Area;

(b) 

Moorings that have received written approval from the Town of Brookhaven for year-round use.

F. 

Mooring inspection. The Harbormaster, Bay Constable or other duly authorized employee of the Town of Brookhaven or other qualified professional is authorized to inspect any mooring tackle placed within any area of the Harbor Complex either prior to installation or after removal of such mooring at the end of the mooring season. If at any time during the mooring season, visual wear to the pennant or mooring buoy is observed by the Harbormaster or Bay Constable that would render such mooring unsafe, the mooring owner will be responsible for repairing or replacing the worn equipment at the owner's sole expense.