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Home My WebLink About1990 Code Supplement - 10/25/1990GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 59 The enclosed new and/or replacement pages should be placed in • your Code volume immediately! The dateline, on the lower right corner, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. The adoption date of the most recent legislation included in this supplement is 8-28- 1990 (L.L. No. 17-1990). • The page numbers should always correspond with this list. REMOVE 3201 -3202 3202.1 Do not remove pages 3203 - 3204 3205 -3206 3206.1 3207 -3208 Supplemental Index, SI-1—SI-3 INSERT 3201 -3202 3202.1 3205 -3206 3206.1 - 3206.2 3207- 3208 Supplemental Index, SI-1—SI-3 Legislation, by number or date of adoption, included in this supplement: L.L. No. 17-1990. 10-25-90 BOATS, DOCKS AND WHARVES Chapter 32 BOATS, DOCKS AND WHARVES ARTICLE I • Obstruction and Use of Town Waters § 32-10. Permit required. § 32-11. Restricted areas at end of town highways. § 32-12. Issuance of permits . by Board of Trustees. § 32-13. (Reserved) ARTICLE II Public Docks - . § 32-20. Definitions. § 32-21. Monopolization of docks, bulkheads and landing places prohibited. § 32-22. (Reserved) ARTICLE III Boats § 32-30. Short title; applicability. § 32-31. Definitions. • § 32-32. Sanitary regulations. § 32-32.1. Ramps. § 32-33. Unnavigable boats; hazards to navigation. § 32-34. Operation of boats near beaches and bathers. § 32-35. Water-skiers. § 32-36. Speed limits; manner of operation. 3201 10-25-90 . SOUTHOLD CODE § 32-36.1. Equipment. § 32-36.2. Operators. § 32-37. Internal-combustion engines; mufflers. § 32-38. Aquatic events. § 32-39. Mooring and anchoring. § 32-39.1. Anchoring in Mattituck Creek. • § 32-39.2. Anchoring and mooring in West Harbor and Hay Harbor. ARTICLE IV Floating Homes § 32-40. Legislative findings. § 32-41. Definitions. § 32-42. Prohibited acts. § 32-43. Severability. ARTICLE V Administration and Enforcement § 32-50. Enforcing officer. § 32-51. Notice of violation. § 32-52. Hearing. § 32-53. Compliance required; penalties for offenses. [HISTORY: Adopted by the Town Board of the Town of • Southold: Article I, 5-18-59; Article II, 6-28-35; Article III, 10-4- -60; Article IV, 9-24-85 as Section II of Local Law No. '15-1985; Article V, 6-23-81 as Local Law No. 3-1981. Sections 32-13, 32-22 and 32-39 amended during codification; see Ch. 1, General Provisions, Article II. Other amendments noted where applicable.] 3202 10-25-90 § 32-10 BOATS, DOCKS AND WHARVES § 32-10 GENERAL REFERENCES Parks and recreation areas — See Ch. 62. Parking at beaches — See Ch. 65. Shellfish — See Ch. 77. Wetlands — See Ch. 97. • ARTICLE I Obstruction and Use of Town Waters' [Adopted 5-18-591 • § 32-10. Permit required. No person shall place any piles, stakes, buoys, piers, docks, bulkheads or other objects in or on any town waters or public (Cont'd on page 3203) I Editor's Note: see also Ch. 97, wetlands. 3202.1 10-25-90 § 32-30 BOATS, DOCKS AND WHARVES § 32-3-3------ B. 2-33 "- B. The following rules and regulations shall apply to all waters within the Town of Southold and to all waters bounding the Town of Southold to a distance of one thousand five hundred (1,500) feet from the shore; provided, however, that they shall not apply to waters within or bounding an incorporated village of the town to a • distance of one thousand five hundred (1,500) feet from the shore. § 32-3L Definitions. For the purpose of this Article, the terms used herein are defined as follows: BOATS — Every vessel propelled in any manner. [Amended 5-19-87 by L.L. No. 5-1987] BOWRIDING — The practice of riding on the bow of a vessel when such vessel is not equipped by the manufacturer with facilities for riding on the bow while said vessel is underway. [Added 8-28-1990 by L.L. No. 17-19901 CHANNEL SYSTEM — The bed of a natural waterway with well-defined banks presenting the evidence of the flow of tidal waters and commonly or usually traversed by watercraft; and, in addition, refers to man-made or stabilized waterways designed for the navigation of watercraft. For the purpose of this Article, boat basins and bathing areas are included in the "channel system." [Added 8-28-1990 by L.L. No. 17-19901 PERMANENT MOORING — The securing of a boat in a harbor on a seasonal or annual basis by means of the placing of a fixed mushroom anchor in the harbor bottom. [Added 5-10-83 by'L.L. No. 5-19831 TEMPORARY ANCHORING — The securing of a boat in a harbor on a temporary basis by means of an anchor carried aboard the boat. [Added 5-10.83 by L.L. No. 5- 19831 3205 10-25-90 § 32-32 SOUTHOLD CODE § 32-33 § 32-32. Sanitary regulations. [Amended 8-10-711 The dumping of oil, refuse, garbage, sewage or waste is prohibited. § 32-32.1. Ramps. [Added 8-28-1990 by L.L. No. 17-1990] A. All boat engines must be shut off when loading or unloading at any town boat ramp. B. No person shall park or leave any unattended vehicle on any ramp. § 32-33. Unnavigable boats; hazards to navigation. A. Any boat which becomes a menace to navigation or un- seaworthy, or sinks, grounds or otherwise becomes disabled or incapable of navigation shall be removed or restored to navigable condition by the registered owner upon notice from the Southold Town Board or its designated agent, which notice shall be either by personal service or by certified mail addressed to the registered owner's last known address as given by him or as stated in his certificate of registration. [Amended 8-26-76 by L.L. No. 3-19761 B. If such boat is not removed or restored to navigable condition by the owner within one (1) week after the mailing of said notice, the Southold Town Board or its designated agent may direct the removal or destruction of ' the boat, and the cost of said removal, including storage charges, shall attach to and shall become a lien upon said boat, and said boat may be sold, upon direction of the court, at public auction to defray said expenses, any surplus being returned to the owner of record. The town shall not be liable for any damage done to said boat during its removal, storage and sale. 3206 10-25-90 § 32-34 BOATS, DOCKS AND WHARVES § 32-35 § 32-34. Operation of boats near beaches and bathers. [Amended 8-28-1990 by L.L. No. 17-19901 No boat propelled other than by hand shall cruise or be operated within one hundred (100) feet of any lifelines or bathing float or, if there are no lifelines or bathing float, then within one hundred (100) feet of any public or semipublic beach regularly used for bathing or swimming, nor shall such boat cruise or be operated in excess of five (5) miles per hour within fifty (50) feet of any person bathing or swimming or an anchored or moored boat. § 32-35. Water-skiers. A. No person shall operate a vessel for towing a person on water skis, a surfboard or similar device unless there is in such boat or vessel a person, other than the operator, of at least ten (10) years of age, in a position to observe the progress of the person being towed. [Amended 3-7-611 B. No person shall ride on water skis, a surfboard or similar device, or use or operate a boat to tow a person thereon, be- tween the period of one (1) hour after sunset and one (1) hour after sunrise. [Amended 3-7-611 C. No person shall ride on water skis, surfboard or similar device or use or operate a boat to tow a person thereon within one hundred fifty (150) feet of any public or semipublic bathing beach or public dock or within fifty (50) feet of any swimmer or bather or moving or anchored boat, nor shall any such persons engaged in such activities come within three hundred (300) feet of the shoreline unless they approach or depart perpendicularly to or from the shoreline solely for the purpose of commencing or ending the ride. [Amended 8-28-1990 by L.L. No. 17-19901 D. No person shall be towed on water skis, surfboard, inflatable parasail or similar device, unless such person is wearing a Coast Guard approved personal flotation device of Type I, II or III. [Added 8-28-1990 by L.L. No. 17-1990] 3206.1 10-25-90 § 32-35 SOUTHOLD CODE § 32-36 `E. No person shall be towed on water skis, surfboard, inflatable parasail or similar device or use or operate a boat to tow a person thereon between the period of sunset to sunrise or during periods of limited visibility. [Added 8-28-1990 by L.L. No. 17-19901 § -32-36. Speed limits; manner of operation. A. The Town Board of the Town of Southold may, by resolution, limit the speed of boats in any waters to which this Article applies and shall cause notice of such speed limit to be posted at appropriate places in the areas of-. fected. Any person who shall operate a boat in such areas at a greater speed than the speed specified in such notice shall be deemed to have violated this Article. B. Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such a rate of speed as not to unreasonably interfere with the free and proper use of the waters or unreasonably endanger any person or property. C. Except where lower maximum speed limits have been posted, no boat shall be operated in excess of forty-five (45) miles per hour in the waters of the Town of Southold. [Added 6-29-88 by L.L. No. 17-19881 D. No boat shall be operated in such a manner as to throw up a wake which could be dangerous to life or limb of a person, boat or other property. [Added 8-28-1990 by L.L. No. 17- 1990] (Cont'd on page 3207) • 3206.2 10-25--90 § 32-36 - - BOATS; DOCKS AND WHARVES § 32-36.1 E. All commercial jetski or commercial windsurfing operators shall provide a patrol boat (other than a jetski or windsurfer) which must be operational and manned at all, times for the purpose of controlling their clientele. [Added 8-28-1990 by L.L. No. 17-19901 F. All commercial jetski and windsurfer operators shall require their clientele to wear United States Coast Guard approved personal flotation devices of Type I, II or III. [Added 8-28- 1990 by L.L. No. 17-19901 G. [Added 8-28-1990 by L.L. No. 17-19901 Small sailboats, commonly known as "windsurfers," are prohibited in the following areas: (1) Within five hundred (500) feet of Mattituck Inlet. (2) Within one hundred (100) feet of swimlines. § 32-36.1. Equipment. [Added 5-19-87 by L.L. No. 5-1987] ( A. All pleasure vessels and uninspected commercial vessels shall be equipped and lighted while under way or at anchor with any person aboard, as required under the Federal Boat Safety Act of 1971, as amended, and the regulations adopted pursuant thereto and contained in Title 46 of the Code of Federal Rules, Subchapter C, Parts 24, 25 and 26, and pursuant to the provisions of § 40 of the Navigation Law of the State of New York: Failure to comply with the equipment and lighting requirements as set forth above shall be a violation of this chapter. B. The provisions of this section shall not apply to vessels competing in duly authorized regattas and trials preceding • such regattas. C. [Added 8-28-1990 by LL. No. '17-1990] In addition to the penalties provided for in this chapter, the Bay Constable has the authority to take the following actions for violations in this section: 3207 10-25-90 § 32-36.1 SOUTHOLD CODE § 32-36.2 (1) Direct the operator to proceed to a dock or anchorage. (2) Suspend further use of the boat until the condition is corrected. § 32-36.2. Operators. [Added 5-19-87 by L.L. No. 5-19871 A. No person under the age of sixteen (16) years shall operate a mechanically propelled vessel unless: (1) The operator, who is under the age of sixteen (16) years, is accompanied therein by a person who is sixteen (16) years of age or older; or (2) The operator is ten (10) years of age or older and is the holder of a boating safety certificate issued to him by the Commissioner of the Office of Parks and Recreation of the State of New York, pursuant to § 78 of the New York State Navigation Law. B. The failure of a person specified in § 32-36.2A(2) hereof to exhibit a boating safety certificate upon demand to any peace officer or other officer having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate. C. No person who is the owner of a motorboat shall knowingly authorize or permit the operation thereof unless: (1) The operator is sixteen (16) years of age or older; (2) The operator, who is under the age of sixteen (16) years, is accompanied therein by a person sixteen (16) years or older; or (3) The operator is ten (10) years of age or older and is -the • holder of a boating safety certificate issued to him by the Commissioner of the Office of Parks and Recreation of the State of New York. D. No person shall operate a vessel while in an intoxicated condition or while his ability to operate such a vessel is impaired by the consumption of alcohol or by the use of a . drug. 3208 10-25-90 SOUTHOLD SUPPLEMENTAL INDEX —A— APARTMENT Defined .......................................... 100-13 APARTMENT HOUSE Defined .......................................... 100-13 —B— Is BOATS, DOCKS AND WHARVES Ramps........................................... 32-32.1 BOWRIDING Defined ........................................... 32-31 BUILDING PERMITS Site plan approval ................................ 100-252 —C— CERTIFICATE OF OCCUPANCY Site plan approval ................................ 100-252 CHANNEL SYSTEM Defined .......................................... 32-31 —D— DEFINITIONS Apartment ....................................... 100-13 Apartment house ................................. 100-13 Bowriding....................................... 32-31 Channel system ................................... 32-31 Fraternal organization ............................ 100-13 Habitable floor area .............................. 100-13 Living area ...................................... 100-13 DRAINAGE Site plan approval ................................ 100-252 —F— FEES Site plan approval ................................ 100-256 FRATERNAL ORGANIZATION Defined .......................................... 100-13 SI -1 10-25-90 SOUTHOLD SUPPLEMENTAL INDEX —G— GUARANTIES Site plan approval ................................ 100-254 W:e HABITABLE FLOOR AREA Defined .......................................... 100-13 HEARINGS Site plan approval ................................ 100-254 mm LANDSCAPING Site plan approval ................................ 100-252 LIGHTING Site plan approval ................................ 100-252 LIVING AREA Defined.......................................... 100-13 —N— NOTICES Site plan approval ................................ 100-254 —D— OFF-STREET PARKING AND LOADING Site.Wan approval ................................ 100-252 —R— RAMPS Boats, docks and wharves 32-32.1 • _S_ SCREENING Site plan approval ................................ 100-252 SITE PLAN APPROVAL Applicability ..................................... 100-250 SI -2 10-25-90 SOUTHOLD SUPPLEMENTAL INDEX -S- Application requirements .......................... 100-256 Approval of plan required ..............•........... 100-253 Building permits ......... . ..................... 100-252 Certificate of occupancy ........................... 100-252 Drainage ......................................... 100-252 Duration of plan .................................. 100-255 Fees............................................. 100-256 Findings of fact .................................. 100-251 ' Guaranties ....................................... 100-254 Hearings ......................................... 100-254 Landscaping ..................................... 100-252 Lighting ......................................... 100-252 Notices .......................................... 100-254 Objectives ........................................ 100-252 Off-street parking and loading ..................... 100-252 Purpose ............................:............. 100-251 Review procedure ................................. 100-254 Screening........................................ 100-252 Utilities ........................................... 100-252 Variances ........................................ 100-254 Zoning ........................................... 100-250 — 100-256 —U— UTILITIES Site plan approval ................................ 100-252 —V— VARIANCES Site plan.approval................................ 100-254 —Z— ZONING................................ Site plan approval 100-250 — 100-256 SI -3 10-25-90