[HISTORY: Adopted by the Board of Trustees
of the Village of Lindenhurst as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-28-1968 by Ord. No. 1-1968 as Ch. 11 of the 1968
Code of the Village of Lindenhurst]
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.
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.
As used in this article, the following terms
shall have the meanings indicated:
Includes every vessel propelled in any matter other than
by hand.
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.
[Amended 6-16-1992 as L.L. No. 2-1992]
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 6-16-1992 as L.L. No.
2-1992.
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.
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.
A.Â
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.Â
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.
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.
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.
[Amended 9-8-1987 by L.L. No. 13-1987; 6-16-1992 as L.L. No. 2-1992]
[Adopted 4-29-1974 by resolution]
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
[Added 6-3-1980]
The provisions of this article shall cover all
Village-owned or Village-controlled properties and shall apply year
round.
[Amended 6-16-1992 as L.L. No. 2-1992]
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.
