Village of Sands Point, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sands Point as indicated in article histories. Other amendments noted where applicable.]
GENERAL REFERENCES
Docks, floats, piles and boat lifts — See Ch. 70.
Noise — See Ch. 110.
[Adopted 3-20-1928 by Ord. No. 12]

§ 49-1 Landing prohibited.

The landing within the Village of Sands Point of any excursion boat or passengers therefrom or of any boat regularly carrying passengers or freight or both, is hereby prohibited.

§ 49-2 Penalties for offenses.

A. 
Any person violating the provisions of this Article or any part thereof shall be liable for and forfeit and pay a fine not exceeding $250 for each offense.
[Amended 12-17-1991 by L.L. No. 8-1991]
B. 
Any violation of this article or any part thereof shall constitute disorderly conduct, and the person violating the same shall be and hereby is declared a disorderly person.
[Adopted 5-19-1959 by Ord. No. 30]

§ 49-3 Title.

This article shall be known and may be cited as the "Speed and Operation of Boats Ordinance of the Village of Sands Point" or as "Ordinance No. 30 of the Village of Sands Point."

§ 49-4 Legislative declaration.

It is hereby declared and found that the operation of boats, moving of boats and use of boats in waterways of the Village of Sands Point or in water adjacent to the Village of Sands Point and that swimming and bathing in open waters exposed to the public which are subject to the jurisdiction of the Village of Sands Point are matters affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safeguarding the public.

§ 49-5 Applicability of provisions.

The following rules and regulations shall apply to all waters and waterways which are subject to the jurisdiction of the Village of Sands Point and to all beaches which are subject to the jurisdiction of the Village of Sands Point except when prohibited by the laws of the United States.

§ 49-6 Compliance with state and federal law required.

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 the 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, shall be complied with by all vessels navigating said systems.

§ 49-7 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BOAT OR VESSEL
An undocumented vessel, including a vessel commonly known as a "houseboat" and every vessel and floating craft propelled in any manner other than by hand, except vessels having a valid marine document issued by the Federal Bureau of Customs or any foreign government. However, the term "boat" as used in § 49-11 shall include floating craft propelled by hand.
CHANNEL SYSTEM
Main channels, cross channels connecting with them, basins and bathing areas.
MOOR AND ANCHOR
Includes temporary mooring or temporary anchoring.
OWNER
Includes the person under whose name the vessel was last registered with the United States Coast Guard, if requiring registration, and in any other case the last known owner.
SEWAGE
All human body wastes.
SPEED
The speed of a boat as measured in slack water in statute miles.

§ 49-8 Discharge of waste; dumping.

A. 
Discharging of toilets is prohibited except marine toilets equipped with a sewage treatment device designed, constructed and installed and in operating condition as provided in § 49-9B(1)(e) and E.
B. 
Dumping of oil, refuse, garbage or waste is prohibited.

§ 49-9 Mooring restrictions.

A. 
Boats shall not moor or anchor in any channel, and in no case shall vessels moor to or anchor within 50 feet of the channel markers or moor or anchor so as to interfere with the full use of the channel.
B. 
Exceptions.
(1) 
Boats shall not moor or anchor within 250 yards of the shore measured from the mean high-water mark, except:
(a) 
In the case of an emergency arising out of the perils of the sea.
(b) 
In the case of disablement.
(c) 
When moored on a mooring assigned to that particular boat by the Coast Guard.
(d) 
When anchored for the purpose of taking shellfish pursuant to a permit issued by the unit of government having title to the bed of the waters where the boat is anchored, provided that the boat shall be anchored not less than 100 feet from the shore measured from the mean high-water mark.
(e) 
When equipped with a marine toilet having an acceptable sewage treatment device for marine toilet waste, so designed, constructed, installed and in such operating condition that no inadequately treated sewage may or shall be discharged into the waters on which the boat is anchored or moored. Acceptable treatment devices are the Raritan Electro-Chemical Chlorinator manufactured by the Raritan Engineering Co., Millsville, New Jersey; the W.C. Seaclo chlorinator manufactured by Wilcox Crittenden Division of North and Judd Manufacturing Co. of Middletown, Connecticut; and such other chemical treatment devices of equivalent efficiency as the Mayor shall designate by order filed in the office of the Village Clerk.
(f) 
When a boat is owned by a resident of a shorefront dwelling and is moored in front of the land on which the dwelling is located.
(g) 
When moored or anchored not less than 100 feet from the shore measured from the mean high-water mark in the following areas:
[1] 
The area within 100 feet of the tip of Barkers Point, measured along the shore and extending into the waters along a line at right angles to the shore at the ends of the area on the shore.
[2] 
The area within 100 feet of the spindle at the tip of Sands Point, measured along the shore and extending into the waters along a line at right angles to the shore at the ends of the area on the shore.
[3] 
The area within 100 feet of the tip of Prospect Point, measured along the shore and extending into the waters along a line at right angles to the shore at the ends of the area on the shore.
(h) 
In an area or areas in which the Board of Trustees, by resolution, from time to time may find it unnecessary to control water pollution from human waste and shall allow the mooring or anchoring of boats.
[1] 
When anchored on a temporary visit to a dwelling located on the shorefront, with permission of the owner to visit the dwelling, and anchored in front of the land upon which the dwelling is located.
[2] 
The provisions of Subsection B(1) shall not apply to an area included within a designated federal anchorage area.
C. 
Boats shall not moor or anchor so as to endanger the safety of or cause damage to any boat previously anchored or moored, nor so as to interfere with the mooring of any boat previously laid down. Any boats so moored or anchored shall be removed by the owner or person in charge thereof on order of the Board of Trustees or other duly authorized officer or agent thereof. If said boat is not removed after order is given to so remove it, it may be removed by or at the direction of the Board of Trustees or any duly authorized officer or agent thereof, at the expense of the owner or person in charge of said vessel.
D. 
No vessel or boat shall be moored on any waterway within the village or within the jurisdiction of the village so that such vessel or boat or any part or projection thereof extends into the waterway more than 1/4 of the width of such waterway as measured between the mean low-water lines along the waterway at the point or place that such vessel or boat is moored. This subsection shall apply only to such points or places along the waterways within the village or within the jurisdiction of the village where the said waterway is less than 100 feet in width as measured from the mean high-water line at the point or place to the closest point or place along the mean high-water line of the opposite bank, shore or bulkhead.
E. 
Boats equipped with a marine toilet shall not moor or anchor within 250 yards of the shore measured from the mean high-water mark in a designated federal anchorage area unless the marine toilet shall be equipped and have an acceptable sewage treatment device for marine toilet waste. Acceptable treatment devices are those set forth and described in Subsection B of this section.

§ 49-10 Removal of disabled vessels.

Any vessel which becomes a menace to navigation or unseaworthy or which sinks, grounds or becomes otherwise disabled shall be removed by the owner or person in charge thereof on order of the Board of Trustees or any duly authorized officer or agent thereof. If said boat is not removed after an order given to so remove it, it may be removed by or at the direction of the Board of Trustees or any duly authorized officer or agent thereof, at the expense of the owner or person in charge of said vessel.

§ 49-11 Restrictions on landing and tying up.

A. 
No boat shall be landed or shall be tied up or made fast on or to any property of the village. The Board of Trustees or any duly authorized officer or agent may cause any boat landed, tied up or made fast to any village property to be removed at the expense of the owner or person in charge of such boat.
B. 
No boat shall be landed or shall be tied up or made fast on or to any private property without the written permission of the owner of such property. Failure of a person to produce such written permission on demand shall constitute presumptive evidence that such person has not obtained such permission.
C. 
No boat shall be landed or shall be tied up or made fast on or to the bed of any waterway between low-water line and mean high-water line. This subsection shall not apply to the owner of the abutting land above mean high-water mark.

§ 49-12 Operation.

A. 
Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such rate of speed as not to disturb the reasonable comfort or endanger the property of another or the life or limb of any person or to interfere with the free and proper use of water of a channel.
B. 
Throwing up a wake which is dangerous to life or limb of a person, boats or other property is prohibited.

§ 49-13 Speed.

A. 
No boat shall be operated at a greater speed than 12 miles per hour except as otherwise provided herein for the operation at a lower rate of speed.
B. 
No boat shall be operated at a greater speed than six miles per hour in areas designated as a boat basin, anchorage, bathing area or any such areas in which speed limit signs are posted, except where permission is granted by the Village Board pursuant to § 49-15 hereof.

§ 49-14 Waterskiing and other sports.

Waterskiing, aquaplaning or similar sports are hereby prohibited in any six-mile speed area and in any areas designated as a boat basin, anchorage or bathing area.

§ 49-15 Racing.

The racing of power-driven boats of any type is prohibited unless written permission shall have been received from the Board of Trustees. The application therefor shall state the time and place of the proposed race or races, the type of boat participating therein, the course and the type and kind of race to be conducted.

§ 49-16 Enforcement.

The Police Department of the County of Nassau, the Harbor Patrol of the Town of North Hempstead and the Police Department of Sands Point are hereby empowered to enforce the provisions of this article, and every person in charge of the vessel navigating or using the waterways of the Village of Sands Point and the waterways within 1,500 feet of the shore of the Village of Sands Point shall at all times obey the lawful orders of such police authorities. Such patrolmen shall have the right to stop any vessel navigating or using the waterways of the Village of Sands Point and the waterways within 1,500 feet of the shoreline of the Village of Sands Point for the purpose of enforcing this article.

§ 49-17 Penalties for offenses.

[Amended 12-17-1991 by L.L. No. 8-1991]
Any person who violates any provision of this article shall be a disorderly person and shall be guilty of disorderly conduct and shall, upon conviction, be subject to a fine of not to exceed $250.