§ 74-15. Enforcement and penalties for offenses.

A. 

Failure to obey.

(1) 

No person shall willfully fail to obey any sign, notice, signal, control device or buoy placed or erected within the Harbor Complex.

(2) 

No person shall fail to comply with any lawful order or direction of any Harbormaster, Bay Constable, police officer or other person duly empowered and authorized to enforce the provisions of this chapter or duly authorized to insure the free and safe navigation of waters within the Harbor Complex.

B. 

Penalties. A violation of any provision of this chapter shall be an offense punishable by a fine of not less than $100 and not exceeding $250 or by imprisonment for a period of not more than 10 days. Each violation shall be a separate and distinct offense. Each day's continued violation shall constitute a separate and additional offense. A second or subsequent offense shall be punishable by a fine of not less than $250 nor more than $500 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.

C. 

Towing and removal of vessels.

(1) 

To insure the free and safe navigation of waters within the Harbor Complex, the Harbormaster, Bay Constable, police officer, or other duly authorized person shall have the authority to tow, seize and impound:

(a) 

Any vessel that is moored or anchored in violation of any provision of this chapter; or

(b) 

Any moored or anchored vessel or barge, float, raft or other floating conveyance, that presents a hazard to the public health, welfare and safety or interferes with the free and safe navigation of the waters within the Harbor Complex;

(c) 

Any mooring installed, placed or located in or upon any underwater lands or surface waters within the Harbor Complex in violation of any provision of this chapter.

(2) 

The Town of Brookhaven may retain any impounded mooring, boat, vessel, barge, raft, float or any other object impounded, until any fees, costs and expenses incurred by the Town, or any fines or penalties imposed by the court arising from any violation, have been paid.

(3) 

In addition to any fines that may incur as a result from any violation of this chapter, the vessel owner, operator, or person in control of the vessel shall be responsible and liable for any removal fees, towing and storage expenses and administrative expenses incurred by the Town of Brookhaven in removing said vessel. The Town may retain any vessel, mooring float, raft or other floating conveyance, until such time as the owner or operator of said vessel reimburses the Town for any and all costs and expenses incurred.

(4) 

Any vessel, mooring, float, raft or floating craft not redeemed within 60 days from the date of impoundment, shall be deemed to be abandoned and disposed of in accordance with the provisions of Subsections D and E below.

D. 

Abandoned vessels.

(1) 

To insure free and safe navigation of waters within the Harbor Complex, the Harbormaster, Bay Constable, police officer, or other duly authorized person may seize and impound any abandoned vessel located within the waters of the Harbor Complex and dispose of such vessel in accordance with the provisions of Subsection E herein. The vessel owner shall be responsible for any and all costs and expenses incurred by the Town of Brookhaven as a result of impounding and storing such vessel.

(2) 

Sale of abandoned vessels.

(a) 

Prior to the sale of any abandoned vessel, the Town shall make an inquiry as the vessel's last owner as provided in Subsection E herein.

(b) 

Exception. Any vessel, taking into consideration its condition, having been determined to have a wholesale value of $200 or less, or which is not suitable for operation on the waters within the Harbor Complex, shall be disposed of without prior notice.

E. 

Disposal of impounded vessels and moorings. Upon seizing and impounding any vessel or mooring pursuant to Subsection C or D, the Town shall:

(1) 

Make an inquiry as to the last known address of the owner of the impounded vessel and/or mooring by checking the vessel registration numbers or the last known mooring permit application; and

(2) 

Notify the last owner by registered mail that the vessel and/or mooring has been impounded and that the failure to reclaim the vessel or mooring within 45 days from the date of the notice, will result in the said vessel or mooring being sold at public auction; or

(3) 

If the vessel owner cannot be determined, then the Town shall provide public notice, by publishing in a newspaper designated by the Town having a general circulation in the Harbor Complex area where that the vessel and/or mooring was seized and impounded, that the vessel or mooring will be sold publicly if the said vessel or mooring is not redeemed within 45 days from the date of notice of publication.