It is hereby determined by the Board of Trustees of the Incorporated Village of Bayville that, because of the unique physical characteristic of the Village and the extensive use to which the waters of the Village are put by boaters and swimmers, the taking off and landing of all aircraft, as defined in §
3-2 below, is hazardous and detrimental to the health, safety and welfare of the inhabitants of the Village and therefore should be prohibited.
[Amended 8-22-2022 by L.L. No. 3-2022; 4-24-2023 by L.L. No. 7-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
AIRCRAFT
Any weight-carrying machine or structure for flight in or
navigation of the air and designed to be supported by the air either
by the buoyancy of the structure or by the dynamic action of the air
against its surfaces. The term "aircraft" shall be understood to include
airplanes (including seaplanes), helicopters, and drones.
EMERGENCY
A situation or circumstance endangering the life or limb
of the pilot or passengers of an aircraft.
Except for an emergency landing, no airplane
or aircraft shall land or take off within the limits of the Incorporated
Village of Bayville without receiving the prior written permission
of the Board of Trustees. Any landing of an airplane or aircraft within
the Village limits shall be deemed, prima facie, to be a violation
of this chapter on the part of the pilot or operator thereof.
The provisions of this chapter shall not apply
to the aircraft of any duly organized law enforcement or military
agency when operated in the performance of duty, nor shall they apply
to bona fide rescue or relief activities.
Any member of the Village Board, duly authorized
officers or agents of the Village Board, or any member of the Nassau
County Police Department, is hereby empowered to enforce the provisions
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $500 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment.