Village of Lindenhurst, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst: Art. I, 8-28-1968 by Ord. No. 1-1968 as Ch. 11 of the 1968 Code of the Village of Lindenhurst; Art. II, 4-29-1974 by resolution. Sections 39-3, 39-10 and 39-11 amended and § 39-13 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Waterways — See Ch. 189.
[Adopted 8-28-1968 by Ord. No. 1-1968 as Ch. 11 of the 1968 Code of the Village of Lindenhurst]

§ 39-1 Rules and regulations.

The following rules and regulations shall apply to all waters and waterways within or adjacent to the Village of Lindenhurst or subject to its jurisdiction, except when prohibited by the laws of the United States of America.

§ 39-2 Compliance with other provisions.

All provisions of the Navigation Law of the State of New York, 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, to the lights on vessels and other matters consistent with the proper use of the Channel System, shall be complied with by all vessels navigating said systems.

§ 39-3 Definitions.

As used in this Article, the following terms shall have the meanings indicated:
BOAT
Includes every vessel propelled in any matter other than by hand.
WATER AND WATERWAYS
Includes all creeks, canals, waterways and channel systems within or adjacent to the village. The waterways regulated by this Article are the navigable waters as defined in § 2 of the Navigation Law.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 39-4 Dumping of waste in water prohibited. [1]

Discharge of toilets, dumping of oil, garbage and other waste materials and like acts are hereby prohibited in all water and waterways.
[1]
Editor's Note: Original § 11-4, Duty of Police Department, which immediately preceded this section, was deleted at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 39-5 Operation.

Every person operating a boat shall do so in a safe and prudent manner so as not to endanger the safety or property of another.

§ 39-6 Speed limits.

The speed limit for all boats in any creek, canal or channel system within the Village of Lindenhurst shall be five miles per hour. Boats shall not exceed a speed of 12 miles per hour in open bay channel systems within the jurisdiction of the village.

§ 39-7 Mooring.

A. 
Boats shall not moor, anchor, tie up or otherwise be secured in any manner which shall endanger the life, limb or property of another, nor in any manner interfere, obstruct or endanger free and clear passage of boats along the creeks, canals and waterways of the village. Nothing in this section shall be construed to interfere with or prevent the lawful use of privately owned basins or slips.
B. 
Boats shall not moor or anchor except at the edge of the channel, and in no case shall vessels moor to or anchor within 50 feet of the channel markers or so as to interfere with the full use of the channel. Any vessel which becomes a menace to navigation or unseaworthy or sinks, grounds or otherwise becomes disabled shall be removed by the owner or person in charge thereof on order of the Board of Trustees of the village.

§ 39-8 Muffler required.

No person shall operate a boat propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naphtha, oil or other substance without having the exhaust from the engine run through a muffler so constructed and used as to muffle the noise of exhaust in a reasonable manner.

§ 39-9 Loading areas; restrictions.

The Board of Trustees of the Village of Lindenhurst shall set aside a portion or portions of the bulkheaded docks, piers or wharves owned by, maintained by or under the jurisdiction of the Board of Trustees of the Village of Lindenhurst as loading areas, at which areas persons not holding permits as above specified may land their boats for the purpose of unloading and loading passengers for periods not longer than one hour.

§ 39-10 Penalties for offenses.

[Amended 9-8-1987 by L.L. No. 13-1987[1]]
A. 
Any person or persons violating the provisions of § 39-4 or 39-5 of this chapter will be punished by a fine of not less than $250 nor more than $1,000 or by imprisonment for a term not exceeding one year, for a second or subsequent offense, or both.
B. 
Any person, persons, corporation or association violating any of the provisions of this Article shall be liable to a fine of not less than $50 and not more than the maximum amount permitted by state law for each violation of this Article.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
[Adopted 4-29-1974 by resolution]

§ 39-11 Improper berthing.

In all cases where a boat is found to be berthed improperly at a village docking space or facility, the following procedure shall be used:
A. 
The name and address of the boat owner is to be obtained from the New York State Department of Motor Vehicles or any other appropriate agency which keeps such records.
B. 
The boat owner is to be notified by mail (certified, return receipt requested) that he is docked improperly and that the boat must be removed within 24 hours from the date that the letter is mailed. A copy of said notice shall also be placed immediately upon the boat itself or in the immediate vicinity of the boat.
[Amended 6-3-1980 by resolution]
C. 
If the boat owner fails to remove the boat within the prescribed period of time, the Village Administrator Clerk will immediately cause the boat to be removed from the village docking space and placed at a storage site.
D. 
The boat owner shall be advised of the boat's removal and that the village will not assume responsibility for any damages to the boat that occurs during the course of removal and storage.
E. 
The boat owner may claim the boat within 14 days of its removal upon payment to the Village Administrator Clerk's office of all removal and storage fees. Removal, storage and administrative fees and costs paid by the boat owner shall not exceed the actual costs incurred by the village for removal of the boat.
[Amended 6-3-1980 by resolution]
F. 
If the boat remains unclaimed after the fourteen-day storage period, the Village Administrator Clerk will advise the Village Attorney, so that appropriate legal action may be recommended.

§ 39-12 Applicability.

[Added 6-3-1980]
The provisions of this Article shall cover all village-owned or village-controlled properties and shall apply year round.

§ 39-13 Penalties for offenses. [1]

Any person or persons, firm, association or corporation violating this Article shall be liable for and forfeit and pay for each violation thereof a sum of not less than $250 nor more than $1,000 for a first offense, and such fine or imprisonment for up to one year, or both, for a second or subsequent offense.
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.