[HISTORY: Adopted by the Board of Trustees
of the Incorporated Village of Bayville 11-25-1974 by L.L. No. 4-1974. Amendments noted where
applicable.]
Except when prohibited by reason of laws of
the United States, the following rules and regulations shall apply
to all waters within the Village and to all waters bounding the Village
to a distance of 1,500 feet from the shore of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
Those persons appointed by the Mayor to serve in this capacity.
The person under whose name the vessel was last registered,
if requiring registration in accordance with the provisions of the
Federal Boating Act of 1958 or the laws of the State of New York,
and in any other case, the last known owner or the person who claims
lawful possession of such vessel by virtue of legal title or equitable
interest therein which entitles him to such possession.
The use of any underwater breathing apparatus similar in
function to an aqualung, but shall not include bona fide salvage operations
displaying proper signals.
A vessel commonly known as a "houseboat" and every vessel
or floating craft propelled in any manner, except rowboats and skiffs
propelled solely by hand, and vessels having a valid marine document
issued by the Federal Bureau of Customs or any foreign government.
The Board of Trustees of the Village.
No person shall use the boating, docking or
mooring facilities provided by the Incorporated Village of Bayville
unless and until he has obtained a license therefor or has obtained
a commercial marine boat launching permit. A separate license shall
be required for each boat or vessel using said facilities. Application,
issuance, denial, suspension and/or revocation of the license shall
be as provided in the Licensing Ordinance. Fees for licenses, tags
or stickers shall be paid in the amount and as provided in the Licensing
Ordinance.[1]
A.Â
No person shall be issued a license unless he submits
satisfactory proof with the application for the license that he is
the owner of the boat or vessel sought to be licensed and that he
fulfills one or more of the following conditions:
(1)Â
He owns and occupies real property within the Village.
(2)Â
He is a resident of the Village.
(3)Â
He is in possession of and legally occupies a private
dwelling within the Village under a verbal or written lease of a term
of not less than three months. Applications for licenses issued pursuant
to this condition shall be accompanied by a copy of the written lease,
signed by the property owner, or by a written and notarized letter
of affidavit from the owner. The burden of proof with regard to legal
occupancy shall be upon the applicant. The Village Clerk shall have
the authority to issue a license or reject the application, with the
right of appeal by the applicant to the Board of Trustees.
Only motor vehicles of licensed persons shall
be permitted in the parking facilities provided in the boating area.
The Village will not be responsible for loss, damage or theft to motor
vehicles and their contents or to any other private property.
Swimming and fishing from the docking facilities
is prohibited.[1]
No boat shall be tied up to docking facilities
for a longer period of time than is reasonably required to take aboard
or discharge passengers or provisions or take on water, etc. For the
purposes of this section, 15 minutes shall be deemed to be a reasonable
period of time for the completion of such activities. No boat tied
up to docking facilities may be left unattended.
No person shall deface, injure, displace, remove,
fill in, raise, destroy or tamper with any drive, path or walk; take
up, remove or carry away trees, shrubs, turf or any material or substance;
remove or destroy any structure, building or parts thereof or any
appurtenances connected with the municipal boating facilities or any
other property or equipment, real or personal, owned or possessed
by the Incorporated Village of Bayville, or under the jurisdiction
and control of the Board of Trustees.
The discharging of toilets and the dumping of
oil, refuse, garbage, waste or sewage is prohibited in any of the
waters of the Village.
A.Â
The location of mooring facilities and the types of
mooring permitted shall be as recommended by the Mooring Committee
and approved by the Board of Trustees of the Incorporated Village
of Bayville.
B.Â
No houseboat may be moored in Village waters for the
purpose of residency.
C.Â
Any boat or mooring that becomes a menace to navigation,
becomes unseaworthy, sinks, grounds or otherwise becomes disabled,
or is beached for the purpose of abandonment or storage, 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 issuance of such orders, 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 or equipment. Any boat or dinghy beached, on
the water, in a dinghy rack or on the beach after December 1 of any
calendar year shall be deemed beached for the purpose of abandonment
or storage and be subject to removal by any of the aforesaid officers
or their agents to the Village Hall until claimed by its owner or
possessor.
[Amended 5-24-1976 by L.L. No. 2-1976]
D.Â
In the event that any boat or equipment removed to the Village Hall pursuant to § 9-10C remains unclaimed, said boat or equipment shall be sold at public auction. However, no such sale shall be conducted unless published notice thereof is made in the official newspaper of the Village, and no sale shall be made before the expiration of 45 days from the date of removal to the Village Hall. The aforesaid notice of sale need not specify each boat or piece of equipment to be sold.
[Added 5-24-1976 by L.L. No. 2-1976]
E.Â
It shall be a violation of this chapter for any person,
firm or corporation to allow a boat or mooring to become a menace
to navigation or to become beached for the purpose of abandonment
or storage. Any boat or dinghy which is beached, on the water at the
Bayville mooring facilities or left in a dinghy rack or on the beach
after December 1 of any calendar year and prior to April 1 of the
next succeeding year shall be deemed beached for the purpose of abandonment
or storage and shall be a violation of this chapter.
[Added 3-28-1977 by L.L. No. 4-1977]
[Added 12-13-1993 by L.L. No. 6-1993]
Bathing beach markers, swimming floats, speed
zone markers or any other floating objects having no navigational
significance are prohibited in any of the waters of the Village of
Bayville. Mooring buoys are permitted; provided, however, that no
mooring anchor, or floating object attached thereto, and no vessel
or part thereof which is secured to a mooring buoy shall at any time
lie within the intertidal marsh, as defined by the region marked "IM"
on the New York State Department of Environmental Conservation Tidal
Wetlands Map, and further provided that no mooring buoy may be placed
in a navigable channel or in any other location where it will interfere
with free and safe navigation or free access to another person's property.
This prohibition shall not apply to the waters of the municipal beaches
of the Village of Bayville.
A.Â
Speed. No vessel shall be operated at a greater speed
than five miles per hour, nor shall any vessel produce a wake.
[Amended 5-24-1976 by L.L. No. 2-1976]
B.Â
Prohibited areas. No vessel propelled other than by
hand shall cruise or be operated within 100 feet of any lifeline or
bathing float, or if there is no lifeline or bathing float, then within
200 feet of any beach regularly used for bathing or swimming, except
at inlets or where a channel approaches the lifeline, bathing float
or beach, as the case may be, closer than such applicable distances.
C.Â
Manner of operation. Every person operating a vessel
shall at all times operate the same in a careful and prudent manner,
including without limitation the throwing of its wake, so as not to
disturb the reasonable comfort or endanger the property of another
or the life or limb of any person, or so as to interfere with the
free and proper use of the waters of any channel.
D.Â
Intoxication. No person shall operate a vessel while
in an intoxicated condition. Upon the trial of any action or proceeding
arising out of acts alleged to have been committed by any person arrested
for operating a vessel while in an intoxicated condition, the court
may admit such evidence as may be used to determine levels of intoxication
in accordance with the laws of the State of New York.
E.Â
Exhaust; mufflers. No person shall operate a vessel
propelled wholly or partly by an engine operated by gas, gasoline,
naphtha, diesel oil or other substance without having the exhaust
from the engine run through a muffler or so controlled by the introduction
of water into the exhaust pipe or line so as to muffle the noise of
exhaust in a reasonable manner.
A.Â
No person shall operate, drive, moor or anchor any vessel in connection with or in pursuit of any business operated for profit, except such vessels engaged in shellfishing by virtue of leasehold with the Town of Oyster Bay and except as otherwise may be specifically permitted by Chapter 80, Zoning, of the Code of the Village of Bayville, within 1,500 feet of the shore of the Village without first obtaining a license from the Village Board in accordance with Chapter 36, Licensing. Any license issued for commercial marine boat launching operations pursuant to Village Code § 36-14 shall consist only of the launching and retrieving of boats for the purpose of sale, service or repair and not for the daily rental of boats, vessels or marine recreational crafts.
[Amended 3-23-1992 by L.L. No. 2-1992]
B.Â
Upon receipt of any such application, the Village
Board may in its discretion call a hearing open to the public for
the consideration thereof and may at such hearing take such testimony
and receive such exhibits from such witnesses as it may deem necessary
or advisable to assist it in its discrimination with respect to the
application.
C.Â
The Village Board may grant such a permit, permanently
or temporarily, if it finds affirmatively that the proposed operation
and business protects and secures the inhabitants of the Village and
the community from unreasonable odors, smoke, vapor, gas, dust, noise
and vibrations; that it protects and secures the property of the Village
and its inhabitants from damage and injury; that it is consistent
with and protects the good order, peace, health, safety, morals and
general welfare of the inhabitants of the Village and the community;
that it does not create problems relating to obstructions to navigation;
and that it does not spoil or threaten to spoil the natural beauty
and healthful, safe, full and proper enjoyment of the waters by the
inhabitants of the Village and the community. If the Village Board
shall determine to grant such permit, it shall state therein such
restrictions and conditions as it may deem necessary to protect and
secure all of the same, including, without limitation, time limits
and duration of the stay when the vessels are used or occupied as
living or sleeping quarters and other limits and restrictions as to
hours, days, months, extent and area of operation.
Nothing herein contained shall prohibit the
Village Board from issuing special permits for aquatic events, boat
races or other similar events under proper supervision in limited
areas for limited periods.
A.Â
No scuba diving shall be undertaken in any waterway,
channel or in any waters where the same may interfere with the reasonable
and proper operation of vessels or within 150 feet of any beach regularly
used for bathing and swimming or within 50 feet of any person bathing
or swimming.
B.Â
No person shall engage in scuba diving without a person
of at least 16 years of age other than the scuba diver in a position
as lookout.
C.Â
No person shall use, operate or discharge under water
any spear gun or similar apparatus within 200 feet of any beach regularly
used for bathing or swimming or within 100 feet of any bather or swimmer.
A.Â
No person shall operate a vessel in those waters which
lie to the west and south of the bridge connecting the Village of
Mill Neck and the Village of Bayville towing a person on water skis,
a surfboard or similar device.
B.Â
No person shall operate a vessel towing a person on
water skis, a surfboard or similar device unless there is in the vessel
a person other than the operator, of at least 16 years of age, in
a position to observe the progress of the person being towed, and
no person shall so operate a vessel towing a person on water skis,
a surfboard or similar device in said waters between the period from
one hour after sunset to one hour before sunrise.
[Amended 5-24-1976 by L.L. No. 2-1976]
Any member of the Village Board, the Mooring
Committee, any duly authorized officer or agent of the Village Board,
any member of the Nassau County Police Department or the Harbor Master
of the Town of Oyster Bay is hereby empowered to enforce the provisions
of this chapter, and every person in charge of a vessel shall at all
times obey the lawful orders of any member of the Village Board, the
Mooring Committee, any duly authorized officer or agent of the Village
Board, any member of the Nassau County Police Department or the Harbor
Master of the Town of Oyster Bay, and any such person shall have the
right to stop any vessel for the purpose of enforcing this chapter.
A.Â
No person having charge of any excursion boat shall
direct or permit the landing of such boat or any of its passengers
at any dock, pier, wharf, float or other place within the Incorporated
Village of Bayville without first obtaining a license therefor under
the provisions of the Licensing Ordinance.[1] The provisions hereof shall apply to and include any excursion
boat which starts from and returns to the Incorporated Village of
Bayville.
B.Â
No person who is the owner or lessee of land entitled
to riparian rights which has a dock, pier, wharf, float or other place
for landing persons; or who is the owner, lessee or person in charge
of such dock, pier, wharf, float or other place for landing persons,
shall permit any excursion boat or any of its passengers to land upon
such dock, pier, wharf, float or other place unless or until a license
has been procured pursuant to this section.
C.Â
Application for a license hereunder shall be made
in writing by the person in charge of such excursion boat, giving
his name, address and person, firm or corporation by whom he is employed;
an exact description and location of the dock, pier, wharf, float
or other place to be used for landing; the nature and extent of the
excursion trips to be run, with the time of docking and the approximate
number of passengers and vehicles which can be carried; and any other
information as may be required by the Mayor.
The Board of Trustees is hereby granted the
power to promulgate such reasonable rules and regulations, from time
to time, as it may determine for the administration and enforcement
of this chapter, such regulations to be made public by posting in
a conspicuous place in or about the boating and bathing areas and
filed with the Village Clerk for inspection by licensees during regular
business hours.
[Amended 3-28-1977 by L.L. No. 4-1977; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person or persons, firm, association or corporation committing an offense against any provision of this chapter and for any infraction of the provisions of § 9-10 said party 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.
