[HISTORY: Adopted by the Board of Trustees of the Village of Kings
Point 6-16-1959 by Ord. No. 29. Amendments
noted where applicable.]
GENERAL REFERENCES
Boats — See Ch. 57.
This chapter shall be known as the "Waterways Ordinance of the Village
of Kings Point."
It is hereby declared and found that water sports and the operation
of boats in the waters or waterways of the Village of Kings Point are matters
affecting the public interest and consequently should be subject to the supervision
and administrative control of municipal authority for the purpose of safeguarding
the public.
A.
The following rules and regulation shall, except when
prohibited by the laws of the United States, apply to all waters or waterways
in the Village and all waters or waterways adjacent to a distance of 1,500
feet from the shore.
B.
All provisions of the Navigation Law of this state, of
the inland rules enacted by Congress and governing the navigation of the inland
waters of the United States and of the Pilot Rules for United States inland
waters, applicable to channel systems relative to the rules for vessels passing
each other, as to lights on vessels and other matters consistent with the
proper use of the channel systems, the Federal Motor Boat Act of 1940 and
the Federal Boating Act of 1958, shall be complied with by all vessels navigating
said systems.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes every description of watercraft or other contrivance used
on or capable of being used as a means of transportation in water and in air.
Main channels and cross channels connecting with them.
Includes the person under whose name the vessel was last registered
with the United States Coast Guard or with the Superintendent of Public Works
of the State of New York and in any other case, the last known owner or the
person who claims lawful possession of such vessel by virtue of legal title
or equitable interest therein which entitles him to such possession.
Includes any person swimming with the intent to explore or photograph
in local waters or to hunt fish therein, including any person using any self-contained
underwater breathing apparatus commonly known as an "Aqua Lung," but shall
not include bona fide salvage operations displaying proper signals.[1]
[1]
Editor's Note: Former Sec. 5, Sanitation, which immediately followed
this definition, was repealed 3-8-1983 by L.L. No. 6-1983.
A.
Boats shall not moor or anchor in any channel and in
no case shall vessels moor to or anchor within 50 feet of any channel marker
or so as to interfere with the full use of the channel or within 100 feet
of the public dock.
B.
Boats shall not moor or anchor so as to endanger the
safety of or cause damage to any boat previously anchored or moored or so
as to interfere with the mooring of any boat previously laid down, nor shall
any boat be tied up or made fast to the public dock or float or to property
of the Village for a continuous period in excess of 12 hours or, if indicated
by sign, a boat shall not be so tied up for a period in excess of that indicated
by the sign. Any boats so moored, anchored or tied up shall be removed by
the owner or person in charge thereof on order of the Village Board or any
duly authorized officer or agent thereof or member of the Village Police Force.
If said boat is not removed after orders to so remove it, it may be removed
by or at the direction of the Village Board or any duly authorized officer
or agent thereof or member of the Village Police Force at the expense of the
owner or person in charge of said boat.
Any vessel which becomes a menace to navigation or sinks, grounds or
becomes otherwise disabled shall be removed by the owner or person in charge
thereof on order of the Village Board or any duly authorized officer or agent
thereof or member of the Village Police Force. If said boat is not removed
after orders so to remove it, it may be removed by or at the direction of
the Village Board or any duly authorized officer or agent thereof at the expense
of the owner or person in charge of said boat.
A.
No person shall operate a boat for towing a person on
water skis, a surfboard or similar device unless there is in such boat a person
in addition to the operator and in a position to observe the progress of the
person being towed.
B.
No person shall ride on water skis, a surfboard or similar
device or use or operate a boat or vessel to tow a person thereon during the
period between an hour after sunset and sunrise.
C.
No person shall ride on water skis, a surfboard or similar
device or use or operate a boat or vessel to tow a person thereon in any channel
or within 150 feet of any public or semipublic bathing area or public dock
or mooring area or within 100 feet of any swimmer or bather, nor shall any
such person engaged in such activities come within 300 feet of the shoreline
unless they approach or depart perpendicular to the shoreline and solely for
the purpose of commencing or ending the ride.
A.
No boat shall be operated at a greater speed than four
miles per hour in any area used for bathing or as a boat basin, anchorage
or mooring area, nor within 100 feet of the shoreline, a dock, raft, float
or an anchored or moored vessel.
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 disturb the reasonable comfort of occupants of other boats or endanger
the property of another or the life or limb of any person or so as to interfere
with the free and proper use of the waters.
C.
No boat shall be operated in such a manner as to cause
a wake which is dangerous to life or limb of a person or to other boats or
other property.
No person shall operate a boat propelled wholly or partly by an engine
operated by gas, gasoline, naptha, diesel oil or other substance without having
the exhaust from the engine run through a muffler or controlled by the introduction
of water into the exhaust pipe or line.
A.
No skin diving shall be undertaken in any fairway or
channel or in any waters where the same may interfere with reasonable and
proper operation of boats or within 150 feet of any public or semipublic beach
used for bathing and swimming or within 50 feet of any person bathing or swimming.
B.
No person shall use, operate or discharge under water
any spear gun or similar apparatus within 200 feet of any public or semipublic
beach used for bathing or swimming or within 100 feet of any bather or swimmer.
Nothing herein contained shall prohibit the Village Board from issuing
special permits for aquatic events, boat races or otherwise under proper supervision
in limited areas for limited periods.[1]
