§ 74-4. Definitions.

For the purpose of this chapter, the following terms and phrases shall be given the meanings indicated as follows:

ABANDONED VESSEL

Any vessel that is not properly secured or attached to a mooring which is not properly maintained.

ACCESS LANES

Surface waters that provide for unobstructed movement and free passage of vessels, as described in Section 5 of this chapter and depicted on the Surface Water Use Chart.

ANCHOR

A specially shaped, weighted device designed to dig efficiently into the underwater lands and hold a vessel within a given radius despite winds and currents.

ANCHORING

The act of securing a vessel for a temporary period of time to the underwater lands, by dropping an anchor or other device, other than a mooring, to underwater lands.

BARGE

A commercial vessel/boat used primarily for the transporting of goods on waterways, usually propelled by towing.

BARGE MOORING AREA

An area, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart designated for the mooring of barges.

BEACHING

The act of driving or pulling a vessel on to the shoreline.

BOAT

See “vessel.”

COMMERCIAL VESSEL

Any vessel operated for a fee, excluding charter boats, liveries or water taxis, and excursion boats.

DESIGNATED MOORING AREA

An area specifically for the mooring of vessels, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.

EDUCATIONAL SAILING PROGRAM

A program operated by a private, municipality, or not-for-profit organization or educational institution for the purpose of teaching sailing and boating skills.

FEDERAL NAVIGATION CHANNEL

The federally designated channel within the Harbor Complex as authorized by the United States Congress in 1890, delineated on the NOAA Chart and as shown on the Surface Water Use Chart.

FRANCHISE MOORING AREA

An area of Town of Brookhaven owned underwater lands that may be leased or franchised for the purpose of renting moorings.

HARBOR USE AREAS

Areas for specified uses as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.

HOMEOWNERS'/BEACH ASSOCIATION

An association of homeowners who own waterfront property within the Port Jefferson Harbor Complex that is owned, in common, by the members.

MOOR

The act of securing a vessel in or upon the water by attaching a vessel to the ground or lands under water by means of a mooring.

MOORING

A semi-permanent anchorage system which, by design, is not normally retrieved when a vessel leaves the anchorage system. A mooring includes, but is not limited to, a system consisting of an anchor, weight or other device attached to a length of chain and/or line secured to a float or buoy.

MOORING PERMIT

Required written authorization to place a mooring on any underwater lands within the Harbor Complex as specified under this chapter.

MOORING SEASON

The period of time from March 1 through December 15, inclusive, of the same calendar year.

MOORING TACKLE

Any assemblage of hardware, rope, line, wire or chain that is used to secure a mooring anchor, weight or other device to a buoy or vessel.

NATURAL RESOURCE PROTECTION AREA

An area that is environmentally sensitive, as described in § 74-5 of this chapter and depicted on the Surface Water Use Chart.

PERSON

Any individual, public or private corporation, firm, association, partnership, political subdivision, government entity, or any other legal entity.

POLLUTANTS; POLLUTION

Any material or combination of material, including but not limited to bottles, glass, cans, junk, paper, scrap metal, garbage, rubbish, or trash; or any untreated sanitary waste, oil or gas which, because of its quantity, concentration or physical, chemical or infectious characteristics, may:

A. 

Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness to marine life; or

B. 

Pose a substantial present or potential hazard to public health, safety or the environment; or

C. 

Render the water unsightly, noxious or otherwise unwholesome so as to be detrimental to the public health, safety, welfare or to the enjoyment of the waters of the Harbor Complex.

PORT JEFFERSON HARBOR COMPLEX

The surface waters of Port Jefferson Harbor, Setauket Harbor, Little Bay, Conscience Bay, the Narrows and 1,500 feet north of Mount Misery extending west following the shoreline to 1,500 feet northwest of Old Field Point, also known as the "Harbor Complex."

PORT JEFFERSON HARBOR COMPLEX HARBOR MANAGEMENT PLAN

The plan prepared for the Port Jefferson Harbor Complex dated March 1999, adopted by the Town of Brookhaven and the Villages of Belle Terre, Old Field, Poquott and Port Jefferson.

RAFTING

The attachment of two or more vessels together to an anchor or mooring.

RESIDENT

Any person who has his principal place of abode and domicile in the Town of Brookhaven and/or any person who owns real property within the Town of Brookhaven.

SHELLFISH PROTECTION AREA

An area designated for the protection of shellfish resources, as described in § 47-5 of this chapter and depicted on the Surface Water Use Chart.

SHORELINE

The line of the shore defined as that area where the water meets the land at any given time or tide.

SPEED

The rate at which a vessel travels over the surface of the water, measured by the distance traveled in miles per hour or parts thereof.

SURFACE WATER USE CHART

A chart of the surface waters and underwater lands and delineated use areas within the Port Jefferson Harbor Complex within the Town of Brookhaven and all surface waters within 1,500 feet from the shore bounding or bordering from the Village of Belle Terre, Village of Old Field, Village of Poquott and Village of Port Jefferson prepared pursuant to the Port Jefferson Harbor Complex Harbor Management Plan dated June 2000, and any amendments thereto, on file in the office of the Town of Brookhaven Division of Environmental Protection.

SWIMMING AREA

An area of surface water along the shoreline delineated by buoys, lifelines or perimeter ropes for the purpose of recreational swimming.

SWING RADIUS

The area that a vessel, secured to a mooring or anchor, can or may traverse as it rotates around a mooring or anchor in response to winds and currents.

VEGETATED TIDAL WETLANDS

All banks, bogs, meadows, flats and tidal marshes subject to tides and upon which grow the following vegetation, but not limited to: Salt Meadow Grass (Spartina patens), Salt Grass (Distichlis spicata), or Salt Marsh Cordgrass (Spartina alterniflora).

VESSEL

Every description of watercraft or other contrivance used or capable of being used as a means of transportation in or on the water, including aircraft such as seaplanes, personal watercraft, and specialty prop-craft as defined under New York State Navigation Law § 2 and any amendments thereto.

WAKE

The track left by a vessel in the water or under the water.

WATERFRONT PROPERTY OWNER

The owner of any residentially zoned property that includes or adjoins mean high water and is thus entitled to riparian or littoral access.

WATERSKIING

The towing of a person or persons on water skis, kneeboard, wakeboard, tube, or other similar device by a line attached to a vessel.