[HISTORY: Adopted by the Town Board of the Town of Smithtown 5-7-1968; amended in
its entirety 7-25-1978. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Ordinance for Jointly Governing
the Waterways Within the Jurisdiction of the Town of Smithtown and
the Incorporated Villages of Nissequogue and Head-of-the-Harbor."
This chapter shall, except when prohibited by the laws of the
United States, apply to all water and waterways within the jurisdiction
of the Town of Smithtown, including all inland lakes and millponds,
and shall apply to waterways within the jurisdictional limits of any
incorporated village within the boundaries of the Town of Smithtown
upon the adoption of an ordinance of substantially like purport by
any such incorporated village in accordance with the provisions and
requirements of the Village Law of the State of New York.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes every description of watercraft or other contrivance
used or capable of being used as a means of transportation in the
water.
For the purpose of this chapter or any similar ordinance
duly adopted by any incorporated village within the boundaries of
the Town of Smithtown, employees of the Town of Smithtown, County
of Suffolk, or other cooperating municipality, as the case may be,
or duly deputized by the Sheriff of Suffolk County and empowered to
exercise all the authority provided for in § 654 of the
County Law of the State of New York.
Includes any vessel propelled on water, in whole or part,
by an engine or motor, whether inboard or outboard.
[Added 7-12-1988]
Any person or persons, including an individual, firm, corporation,
association or a partnership, owning, operating, chartering or renting
a motorboat.
[Added 7-12-1988]
A device designed for use by one or two persons which incorporates
a self-propelled, mechanical-driven apparatus which transports the
device and the individual over or through water utilizing a pressurized
stream or jet of water or similar force, such as but not limited to
personal water transportation devices, personal watercraft, scooters,
water skis, water skids or Jet Skis.
[Added 7-25-1989]
A.
The location of the mooring facilities and types of mooring permitted
in the various waterways subject hereto shall be under the supervision
of and regulated by the governing body of the municipality having
jurisdiction thereover.
B.
No boat or vessel shall be anchored or moored so that it at any time
rests within the lines of any channel, nor shall any boat or vessel
anchor or moor within 50 feet of any channel marker or so as to interfere
with the full use of such channel, nor shall any boat or vessel anchor
or moor within 100 feet of any municipal dock or other marine facility.
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 or mooring previously laid
down. Any boats so moored or anchored shall be removed by the owner
or person in charge thereof on order of the enforcing authorities.
D.
If said boat is not removed after orders to so remove it, it may
be removed by or at the direction of the enforcing authorities at
the expense of the owner or person in charge of said vessel, and such
expense may be recovered by civil suit.
All boats or vessels shall be moored in such a way as to be
secure at all times and under all conditions, and such anchoring or
mooring shall be subject to the supervision of the enforcing authorities.
A.
Any boat or vessel, including nonmechanical boats or vessels, which
becomes a menace to navigation or is unseaworthy or sinks, grounds
or otherwise becomes disabled shall be removed by the owner or person
in charge thereof on order of the enforcing authorities. If such boat
or vessel is not removed after an order to remove it, it may be removed
by or at the direction of the enforcing authorities at the expense
of the owner or person in charge of said boat or vessel.
B.
The aforesaid has no application in an emergency situation wherein
either the safety of the boat or vessel and/or its passengers is at
stake.
A.
No pleasure boat shall be tied up or made fast to any municipal dock
or to other property of the Town of Smithtown or any municipality
therein for a longer continuous period than 10 minutes. In addition
to the penalties provided herein for a violation of any of the provisions
of this chapter or those of any coordinated village ordinance, the
enforcing authorities may cause any pleasure boat tied up or made
fast to any municipal dock or other property of the Town of Smithtown
or any municipality therein in excess of any continuous period of
one hour to be removed at the expense of the owner or person in charge
of such vessel.
B.
The aforesaid has no application in an emergency situation wherein
either the safety of the boat or vessel and/or its passengers is at
stake.
No boat or vessel shall cruise or be operated within 200 feet
of any lifelines or bathing float, nor shall it be operated within
300 feet of any public or private beach or area used for bathing or
swimming.
[Amended 7-12-1988]
A.
Unless otherwise lawfully posted, no person who is the owner or operator
of a motorboat shall allow the same to be operated in excess of 45
miles per hour within the waters of this Town.
B.
No boat or vessel shall be operated in Stony Brook Harbor or the
Nissequogue River at a speed in excess of five miles per hour.
C.
Penalties for speeding offenses. Every person convicted of a violation
of this section shall, for a first conviction thereof, be punished
by a fine of not more than $100 or by imprisonment for not more than
15 days, or by both such fine and imprisonment; for a conviction of
a second violation, both of which were committed within a period of
six months, such person shall be punished by a fine of not more than
$250 or by imprisonment for not more than 30 days, or by both such
fine and imprisonment; upon a conviction of a third or subsequent
violation, all of which were committed within a period of six months,
such person shall be punished by a fine of not more than $500 or by
imprisonment for not more than 60 days, or by both such fine and imprisonment.
[Added 7-25-1989]
A.
Purpose.
(1)
Due to its scenic and recreational qualities, the operation of water
scooters has caused severe concern for the safety of the people using
and enjoying the Nissequogue River. These water scooters disturb all
matter of shore and shallow wildlife, including but not limited to
wading birds, waterfowl, shore and marsh birds and fish. Water scooters
create excessive amounts of noise which interferes with the reproduction
of wildlife species. This noise also interferes with the peaceful,
quiet enjoyment surrounding the Nissequogue River.
(2)
The Nissequogue River's scenic and recreational qualities make
it a favorite location for fishing and bird- and other wildlife watching.
These same qualities of the river also contribute to a concern for
safety. The narrow, winding portions of the river, although scenic,
do not lend it to all uses. The Nissequogue River's narrow, winding
and constricting portions contribute to a grave safety concern by
creating dangerous blind spots that threaten other users of the river.
(3)
Therefore, it is the intent of the Town Board of the Town of Smithtown
to protect and enhance the quality of the Nissequogue River and its
surrounding environs as well as to protect and enhance the safety
of those individuals enjoying and using the Nissequogue River.
B.
No person shall cruise or operate any water scooter south of the
Smithtown Landing Country Club's southernmost boundary due east
until a point 100 feet east of the mean high-tide mark.
C.
Every person convicted of a violation of this section shall, for
a first conviction thereof, be punished by a fine of not more than
$250 or by imprisonment for not more than 15 days, or by both such
fine and/or imprisonment; for a conviction of a second violation,
both of which were committed within a period of six months, such person
shall be punished by a fine of not more than $500 or by imprisonment
for not more than 30 days, or by both such fine and imprisonment;
upon a conviction of a third or subsequent violation, all of which
were committed within a period of six months, such person shall be
punished by a fine of not more than $750 or by imprisonment of not
more than 60 days, or by both such fine and imprisonment.
Nothing herein contained shall prohibit a municipality, having
the marine jurisdiction thereover, from designating, by resolution
duly adopted, special waterskiing areas or from issuing permits for
aquatic events, boat races or otherwise under proper supervision in
limited areas for limited periods of time, provided that prior permission
for the aforesaid is obtained from the United States Coast Guard and
governing municipalities.
A.
No person shall use or operate a boat or vessel to tow a person on
water skis, a surfboard or a similar device in any harbor, the Nissequogue
River or within 200 feet of the shoreline in Smithtown Bay.
B.
No person shall operate a vessel for towing a person on water skis,
a surfboard or a similar device unless there is in such vessel a person,
other than the operator, of at least 10 years of age, in a position
to observe the person being towed.
A.
Every vessel, mechanically, sail- or manually propelled, shall have
United States Coast Guard-approved-type life preservers or life jackets
aboard, which shall be in sufficient numbers to provide one for each
person on board.
B.
Every mechanically propelled vessel having an engine of more than
10 horsepower shall be provided with a sound-producing mechanical
appliance, except a siren, capable of producing a blast of two seconds
or more in duration and of such strength as to be heard plainly for
a distance of at least 1/2 mile in still water.
C.
Every vessel, mechanically, sail- or manually propelled, shall carry
an anchor of sufficient weight and line or chain of sufficient strength
to provide a safe anchorage for such vessel. Sailboard-type sailboats
shall be excluded from this subsection.
D.
Every mechanically propelled vessel shall be equipped with a Coast
Guard-approved fire extinguisher in accordance with the following
requirements:
|
Class of Motorboat
|
Size of Motorboat
(feet)
|
Requirements
| |
|---|---|---|---|
|
A
|
Less than 16
|
1 B-1 extinguisher
| |
|
1
|
16 to less than 26
|
1 B-1 extinguisher
| |
|
2
|
26 to less than 40
|
2 B-1 extinguishers
| |
|
3
|
40 to less than 65
|
3 B-1 extinguishers
| |
|
4
|
Over 65
|
As required by federal regulations
|
E.
Every mechanically propelled vessel of 18 feet or more used in Smithtown
Bay shall carry a fluorescent-orange distress flag, which shall be
a minimum of one foot square, and three hand-held-type red flares
for use at night to be displayed and used whenever such vessel is
in need of assistance.
F.
The carburetor of every gasoline engine installed in a mechanically
propelled vessel, except outboard motors, shall be fitted with a United
States Coast Guard-approved device for arresting backfire.
G.
Every vessel operated in the waterways under jurisdiction of this
chapter shall be equipped with lights as required by § 43
of the New York State Navigation Law.
H.
No person shall operate a boat or vessel without having an exhaust
from the engine so constructed and used as to muffle the noise of
the exhaust in a reasonable manner.
A.
No person under the age of 16 years shall operate a mechanically
propelled vessel unless the operator is accompanied by a person 16
years or older or the operator is 10 years or older and is the holder
of a boating safety certificate issued to him by the State Conservation
Commissioner, and such certificate shall be available upon request
to any peace officer and any officer having authority to enforce the
provisions of this chapter.
B.
No person who is the owner of a mechanically propelled vessel shall
knowingly authorize or permit the operation thereof unless the operator
is 16 years or older or, if less than 16 years, is accompanied by
a person 16 years or older or, if 10 years or older, is the holder
of a boating safety certificate issued to him by the State Conservation
Commissioner.
C.
No person in an intoxicated condition shall operate any vessel on
the waters under the jurisdiction of this chapter.
D.
No person shall operate any pleasure boat or any vessel when any
occupants of said vessel have extended their arms or legs over the
bow of said boat.
[Amended 7-14-1992]
A.
No person shall operate a boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupants of any
other boat or cause to frighten or endanger any seabirds, including
but not limited to swans, or cause a dangerous wake when approaching
or passing another boat.
B.
Any person violating any provision of this section shall be subject
to a penalty in the sum of not more than $100 for the first violation
and in the sum of not more than $250 for subsequent violations.
[Amended 9-21-1993]
The dumping of oil refuse and sewage or garbage and waste is prohibited in areas covered by this chapter. Any dumping under this section shall be deemed a violation under Chapter 315, Water Pollution, and subject to penalties set forth therein.
Floats shall be moored in such a way as to be reasonably secure
at all times and under all conditions and anchored and moored subject
to the supervision of the enforcing authority.
[Added 7-12-1988; amended 11-22-1988; 7-14-1992; 9-7-1993; 10-4-2011]
The Suffolk County Police Department and the Director of Public
Safety or his or her designees are hereby empowered to enforce the
provisions of this chapter, and every person operating and/or in charge
of a boat navigating or using the waterways of the Town shall at all
times obey the lawful orders of the members of such Police Department
and Town officers, and such officers shall have the right to stop
any boat navigating or using the waterways of the Town for the purpose
of enforcing this chapter.
[Amended 7-12-1988]
A.
Any person, firm, association or corporation violating any of the provisions of this chapter (except with respect to a violation of § 318-9) shall be guilty of an offense punishable by fine or imprisonment, or both. However, for the purpose of confirming jurisdiction upon courts and judicial officers, such violations shall be deemed to be misdemeanors, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. Notwithstanding the foregoing, any person, firm, association or corporation violating any provisions of this chapter shall be subject to a penalty in a sum not exceeding $50 for the first such violation and in a sum not exceeding $100 for any subsequent violation, said penalties to be recoverable as damages in a civil action brought in the name of the municipality responsible for such enforcement.
