[HISTORY: Adopted by the Town Board of the Town of Southeast 8-9-1961. Other amendments noted where applicable.]
Parks — See Ch. 99.
This chapter shall be known and cited as the "Town of Southeast Motorboat Ordinance."
As used in this chapter, the following terms shall have the meanings herein set forth:
- Includes a mechanically propelled vessel having a source of power other than steam and not more than 65 feet in length, except for tugboats and towboats. The term includes crafts temporarily or permanently equipped with detachable motors mechanically known as "outboard motorboats."
- WATERS IN THE TOWN
- Includes all lakes or streams in the Town of Southeast over which the Town Board of the Town of Southeast shall have jurisdiction by law.
Every person operating a motorboat shall at all times operate the same in a careful and prudent manner and at such a rate of speed as not to endanger the property of any or the life or limb of any person.
No motorboat shall be operated in a reckless manner. Reckless operation shall include operating a motorboat in a manner which unnecessarily interferes with the free and proper use of the waters of said lakes or streams or unnecessarily endangers other craft therein or the life or limb of any person.
Upon approaching a canoe or rowboat or a sailboat or vessel being used for fishing, every operator of a motorboat shall reduce its speed so as not to endanger the safety of the other vessel, its occupants or fishing equipment and shall not come within a reasonable distance from such other vessel, which reasonable distance shall be deemed 50 feet.
No motorboat shall be operated within 100 feet of the shore of any waterway of the Town at a speed in excess of five miles per hour.
No motorboat shall be operated within 125 feet of a beach or bathing area or dock.
The speed of any motorboat shall not exceed 15 miles per hour between sundown and sunrise. All boats or motorboats shall display navigation lights at night in accordance with the Navigation Law.
The operator of a motorboat towing a skier or aquaplaner shall not come closer than 125 feet to the shore and/or dock and/or another boat except when taking off and shall in no event come closer than 125 feet to any bathing beach area.
All motorboats towing a skier or aquaplaner must have two or more persons in the boat.
The operator of the motorboat must at all times watch his course and not the skier.
Any child under the age of 10 years who is the occupant of any craft shall wear a life preserver at all times.
Every motorboat shall be provided with an underwater exhaust or muffler so constructed and used as to muffle the noise so that the noise of the motor shall be effectively muffled.
The use of cutouts or similar appliances is prohibited.
[Added 6-16-1988 by L.L. No. 5-1988]
No motorboats shall be permitted on Tonetta Lake.
The violation of any of the provisions of this chapter regarding speed or reckless operation shall constitute an offense punishable by a fine of not less than $25 nor more than $100 or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment, for a conviction of a first offense; by a fine of not less than $50 nor more than $200 or by imprisonment for not exceeding 90 days, or by both such fine and imprisonment, for conviction of a second offense committed within a period of 24 months; by a fine of not less than $100 nor more than $500 or by imprisonment for not exceeding 180 days, or by both such fine and imprisonment, for conviction of a third or subsequent offense committed within a period of 24 months.
[Amended 6-16-1988 by L.L. No. 5-1988]
The violation of any other provision of this chapter shall be punishable by a fine not exceeding $250.
[Amended 6-16-1988 by L.L. No. 5-1988]
Each violation shall be deemed a separate and distinct violation.