[HISTORY: Adopted by the Town Board of the
Town of Southeast 8-9-1961. Other amendments noted where applicable.]
GENERAL REFERENCES
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."
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.
A.
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.
B.
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.
C.
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.
D.
No motorboat shall be operated within 125 feet of
a beach or bathing area or dock.
E.
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.
F.
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.
G.
All motorboats towing a skier or aquaplaner must have
two or more persons in the boat.
H.
The operator of the motorboat must at all times watch
his course and not the skier.
I.
Any child under the age of 10 years who is the occupant
of any craft shall wear a life preserver at all times.
J.
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.
K.
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.
A.
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]
B.
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]
C.
Each violation shall be deemed a separate and distinct
violation.
