[HISTORY: Adopted by the Town Board of the Town of Putnam Valley 8-24-1994
by L.L. No. 7-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Special districts — See Ch. 100.
A.
It is the intent and purpose of this chapter to safeguard
and promote the health, safety, welfare and tranquillity of the residents
and inhabitants of the Town of Putnam Valley by regulating the operation and
speed of all vessels or watercraft of any kind which are propelled in any
manner other than by hand (with the exception of vessels propelled solely
by a sail or sails) and the launching, docking or mooring of such vessels
upon, and the use of any of, the lakes or bodies of water, not privately owned,
within the Town of Putnam Valley.
B.
The intent and purpose of this chapter is also to protect
general ecology and water quality of these lakes and bodies of water. Impacts
include but are not limited to sediment and fauna disturbance, circulation
of nutrients, degradation of water quality, shoreline erosion and impacts
on aquatic wildlife.
C.
The demand on the lakes and water bodies within the Town
of Putnam Valley for recreational uses continues to increase. The diversity
of uses and users are competing for limited water resources. The intent and
purpose of this chapter is also to provide regulations for the coexistence
of recreational uses, i.e., uses involving motor-driven vessels should coexist
with, not diminish, other more passive recreational uses.
D.
It is the purpose of this chapter to supplement the provisions
of the Navigation Law of the State of New York in accordance with § 130,
Subdivision 17, of the New York State Town Law.
The following terms, when used in this chapter, unless otherwise expressly
stated, or unless the context of the language or subject matters indicate
a different meaning or application was intended, shall be decreed to mean
and include:
Buoys, beacons or other fixed objects in the water which are used
to mark obstructions to navigation or to direct navigation through safe channels.
A wharf, or a portion of a wharf, extending along the shore line
and generally connected with the uplands throughout its length.
Any anchored marker or platform floating on the surface of the water,
other than aids to navigation, and shall include but not be limited to bathing
beach markers, speed-zone markers, information markers, swimming or diving
rafts or floats, mooring buoys, fishing buoys and ski jumps.
Includes any vessel neither mechanically propelled nor motor driven.
A mechanically propelled or motor-driven vessel having a source of
power other than steam. This definition includes sailboats with motors and
vessels temporarily or permanently equipped with detachable motors, including
motors operated by electric power.
All lakes, rivers, streams and waters within the boundaries of the
state and not privately owned, which are navigable in fact or upon which vessels
are operated, except all tidewaters bordering on and lying within the boundaries
of Nassau and Suffolk Counties.
A person who operates or navigates a pleasure vessel.
A person actually holding title to a vessel.
An individual, partnership, corporation or association.
A vessel which uses an inboard motor powering a water jet pump as
its primary source of motive power and which is designed to be operated by
a person sitting, standing or kneeling on or being towed behind the vessel,
rather than in the conventional manner of sitting or standing inside the vessel.
A wharf or portion of a wharf extending from the shoreline with water
on both sides.
A vessel which is powered by an outboard motor or a propeller-driven
motor and which is designed to be operated by a person sitting, standing or
kneeling on or being towed behind the vessel, rather than in the conventional
manner of sitting or standing inside the vessel.
Water skis, aquaplane boards, inflatable devices, including boats
and tubes, and any object which may be towed behind a motorboat, personal
watercraft or specialty prop-craft.
Pleasure vessel, as defined in the Navigation Law of the State of
New York, and shall include rafts, canoes, sailboats, foot-operated paddleboats
and inflatable aquatic devices, including boats, tubes and floats, but shall
not include any craft used for commercial purposes or any craft carrying passengers
or freight, or used for towing or any other use for which compensation is
received, nor shall it include any craft used as a residence.
Moving waves, created by vessel motion or track or path that a boat
leaves behind it when moving across the water.
Any structure built or maintained for the purpose of providing a
berthing place for vessels.
According to the Navigation Law of the State of New York, Article 4,
§ 49, no person under the age of 18 years shall operate a motorboat,
PWC or SPC on the navigable waters of the state, and no person who is the
owner of a motorboat, PWC or SPC shall knowingly authorize or permit the operation
thereof on said waters by an operator less than 18 years old, unless:
A.
The operator is accompanied therein by a person who is
18 years of age or older; or
B.
The operator is between 10 and 18 years of age and has
successfully completed a New York State Young Boaters Course and holds a boating
safety certificate issued by the Commissioner of Environmental Conservation.
Every motorboat, PWC or SPC on the lakes and waterways of the Town of
Putnam Valley shall be registered and numbered as provided in § 2251
of the Vehicle and Traffic Law of the State of New York.
A.
It shall be the duty of the owner and/or the operator
of every motorboat, vessel, PWC or SPC on the lakes and waterways of the Town
at all times to navigate, drive or operate the same in a careful and prudent
manner and at a careful and proper rate of speed, so that said motorboat,
vessel, PWC or SPC, or its wake, shall not endanger other motorboats, vessels,
PWC's or SPC's, or property or the life and limb of any person and
shall not interfere with the free and proper use of such lakes and waterways
by others.
B.
It shall be the duty of the owner and/or operator of
every motorboat, vessel, PWC or SPC, when approaching or passing within 150
feet of any shore, dock, pier, raft or float, crib or bathing beach, or person
or persons in, or swimming in, the lakes and waterways of the Town, or motorboat,
vessel, PWC or SPC, to reduce the speed of and to operate such motorboat,
vessel, PWC or SPC in a manner or at a speed that does not cause a wake, that
does not unreasonably interfere with or endanger such dock, pier, raft or
float, crib or bathing beach, or person or persons in, or swimming in, the
lakes and waterways of the Town, or motorboat, vessel, PWC or SPC, including
an anchored or moored vessel, or the user or occupants of the same.
C.
No motorboat, vessel, PWC or SPC, may be operated on any lake or waterway in the Town of Putnam Valley at a speed in excess of 35 miles per hour between the hours of one hour after sunrise to sunset, except as stated in § 58-8A. Between the hours of sunset to one hour after sunrise, no motorboat, vessel, PWC or SPC shall be operated at a speed in excess of five miles per hour, nor create a wake, in any lake or waterway in the Town of Putnam Valley.
D.
No person shall operate a motorboat, vessel, PWC or SPC
on a lake or waterway in the Town of Putnam Valley so as to knowingly and
repeatedly injure or endanger the health, safety or welfare of another person
or act in a manner that would be offensive to a reasonable person of ordinary
intelligence and sensitivity.
A.
Definitions of the coves.[1]
(1)
The South Cove is that area of Lake Oscawana lying south
of a line drawn between a point of land, marked by a buoy on the east shore,
now or formerly, of Axinn, Tax Map Number 62.63-1-8, and a point of land,
marked by a buoy, on the west shore, now or formerly, of Keating, Tax Map
Number 62.13-2-26.
(2)
The Abele Park Cove is that area of Lake Oscawana lying
easterly of a straight line drawn from the southwest shore of Wheat Island
(Dunderberg Island), now or formerly, of Berman, Tax Map Number 62.14-1-18,
to the north shore, now or formerly, of Axinn, Tax Map Number 62.63-1-8.
(3)
The Wildwood Knolls Cove is that area of Lake Oscawana
lying easterly of a straight line drawn from the northernmost point of an
island, now or formerly, of Jordan (Jordan's Island), Tax Map Number
62.14-1-32, to the southwesterly corner of lands, now or formerly, of Lockwood,
Tax Map Number 62.10-2-7, adjacent to and west of the New York State Designated
Wetland, OL-38, commonly known as "Lost River."
(4)
The Northwest Cove and the Northeast Cove are included
in that area of Lake Oscawana lying northerly of a straight line drawn from
the northerly line of lands, now or formerly, of the Chippewa Boat Club, Tax
Map Number 51.73-1-5, on the east shore of Lake Oscawana to the point on the
west shore of said lake of lands now or formerly of Kisslinger and Kaplan
and Kaplan, Tax Map Number 51.-1-28.
[1]
Editor's Note: The Lake Oscawana Map of Cove Areas is included at the end of this chapter.
B.
No motorboat, vessel, PWC or SPC shall operate in the
South Cove, Abele Park Cove, Wildwood Knolls Cove, Northeast Cove or Northwest
Cove on Lake Oscawana at a speed in excess of five miles per hour, nor take
off or land with a person or persons on a towable aquatic device, nor create
a wake that unreasonably interferes with or endangers a dock, pier, floating
objects, i.e., swimming raft or float, crib or bathing beach, or person or
persons in, or swimming in, Lake Oscawana, or a motorboat, vessel, PWC or
SPC, including an anchored or moored vessel, or the user of occupants of the
same.
C.
No motorboat, vessel, PWC or SPC shall be operated, driven
or propelled, within 100 feet of any manually operated boats, vessels, motorboats,
PWC or SPC, at a speed in excess of five miles per hour, nor create a wake
that unreasonably interferes with or endangers the user or occupants of same.
D.
With the exception of the cove areas as previously defined,
no such motorboat, vessel, PWC or SPC shall be operated, driven or propelled
within 150 feet of shore, dock, pier, raft or float, crib or bathing beach,
or of any person or persons in, or swimming in, Lake Oscawana at a speed in
excess of five miles per hour, nor create a wake that unreasonably interferes
with or endangers such person or persons, or the user or occupants of same,
except to take off or land with a person or persons using a towable aquatic
device.
A.
No person shall operate a personal watercraft or specialty
prop-craft within 500 feet of any designated bathing area, except in bodies
of water where the opposing shoreline is less than 500 feet from such designated
area and in accordance with speed regulations and restrictions as provided
by local law or ordinance, but in no event at a speed in excess of 10 miles
per hour; provided, however, that nothing contained in this subsection shall
be construed to prohibit the launching of such vessel from designated launching
areas or sites. All other regulations for PWC and SPC in Article 4, § 73-A,
of the Navigation Law of the State of New York, shall apply.
B.
Pursuant to § 73-A of the Navigation Law of
the State of New York, designated bathing areas for Lake Oscawana include
but are not limited to the following district and community beaches: Hilltop
Beach, Lookout Manor Beach, the Abele Park Sandy (Children's) Beach,
the Abele Park Grassy (Adult) Beach, Wildwood Knolls Beaches, including Block
C, Northview Estates Beach, Oscawana Country Club Beach, Cedar Ledges Beach,
Laurelwood Manor Community Beach and Lee Avenue Beach, Lake Oscawana Owners
Acres Beach and Noswal Park Beach.
C.
Pursuant to § 73-A of the Navigation Law of
the State of New York, every PWC or SPC shall at all times be operated in
a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily
endanger life, limb or property, including but limited to weaving through
congested vessel traffic, jumping the wake of another vessel unreasonably
or unnecessarily close to such other vessel or when visibility around such
other vessel is obstructed and swerving at the last possible moment to avoid
collision, shall constitute reckless operation of a vessel.
A.
No motorboat, vessel, PWC or SPC shall be operated while
taking off, towing or landing a person or persons using a towable aquatic
device at a speed in excess of 40 miles per hour.
B.
Operators of motorboats, vessels, PWC or SPC while taking
off, towing or landing a person or persons using a towable aquatic device
shall comply with all rules, regulations, laws and ordinances of any agency
having jurisdiction thereover, with respect to safety requirements, while
operating on Lake Oscawana.
C.
No motorboat, vessel, PWC or SPC towing any person or
persons using a towable aquatic device shall operate at a speed in excess
of five miles per hour, nor take off or land with a person or persons using
a towable aquatic device, nor create a wake that unreasonably interferes with
or endangers a dock, pier, floating object, i.e. raft or float, crib or bathing
beach, or persons or persons in, or swimming in, Lake Oscawana, or a motorboat,
vessel, PWC or SPC, including an anchored or moored vessel, or the user or
occupants of the same, in the South Cove, Abele Park Cove, Wildwood Knolls
Cove, Northeast Cove and Northwest Cove of Lake Oscawana.
D.
Persons using towable aquatic devices.
(1)
No person on a towable aquatic device shall approach
within a distance of 100 feet of any manually operated boats, vessels, motorboats,
PWC's or SPC's at a speed in excess of five miles per hour, nor
create a wake that unreasonably interferes with or endangers the user or occupants
of the same.
(2)
With the exception of the South Cove, Abele Park Cove,
Wildwood Knolls Cove, Northeast Cove and Northwest Cove, no person using a
towable aquatic device shall approach within a distance of 150 feet of any
shore, dock, pier, raft or float, crib or bathing beach or of any person in,
or swimming in, Lake Oscawana, at a speed in excess of five miles per hour,
nor create a wake that unreasonably interferes with or endangers such person
or persons, or the user or occupants of same, except to take off or land with
a person or persons using a towable aquatic device.
(3)
No person shall operate or manipulate any towable aquatic
device in a reckless or negligent manner so as to endanger the life, limb
or property of any person.
E.
Operators of motorboats, vessels, PWC's or SPC's
towing a person or persons using a towable aquatic device shall not permit
such person or persons to take off or land within 200 feet of any public or
community beach, dock, raft or float.
F.
No more than two persons shall be towed by a single motorboat,
vessel, PWC or SPC at the same time.
G.
All other provisions of § 73 of the Navigation
Law of the State of New York shall apply.
It shall be illegal and a reckless obstruction of and interference with
traffic and navigation for any person to be, swim or wade in the waters of
Lake Oscawana at a distance of 150 feet or more from the shore or floating
object, i.e., swimming raft or float, unless:
A.
Such person is accompanied and attended by a boat operated
and controlled by another swimmer. Such boat, so operated and controlled,
shall be kept within 15 feet of such person at all times that the swimmer
is in the lake. The boat operator shall signal approaching or passing motorboats,
vessels, PWC or SPC of the presence of the swimmer in the water; or
B.
Such person is towing an inflatable boat equipped with
a swimming flag that measures at least 300 square inches area.
A.
No regattas and/or boat races may be held on any navigable
waters of the state without a properly issued and valid permit from the New
York State Division of Parks, Recreation and Historic Preservation as specified
in Article 3, § 34, of the Navigation Law of the State of New York.
B.
The holding of regattas and/or vessel races on any of
the lakes or waterways of the Town of Putnam Valley are also subject to the
approval of the Town Board, subject to regulations promulgated by the Town
Board.
A.
No person shall place, throw, deposit or discharge, or
cause to be placed, thrown, deposited or discharged, in the waters of any
lakes or their inlets or outlets or any waterways in the Town of Putnam Valley
any garbage, litter, leaves, yard waste, grass clippings, any sewage or other
liquid or solid materials which render the water unsightly, noxious or otherwise
unwholesome so as to be detrimental to the public health or welfare or to
the enjoyment of the water for recreational purposes.
B.
Violation of this section shall constitute a misdemeanor.
Any motor boat, vessel, PWC or SPC operated by the Town of Putnam Valley
shall be exempt from the provisions of this chapter while engaged in emergency
operation.
In addition to all the sections and provisions of this chapter, the
following subsections shall apply to the specific districts enumerated:
A.
Lake Peekskill.
(1)
It is prohibited to operate any gasoline- or oil-driven
vessel or vehicle on Lake Peekskill, whether the lake is frozen or not.
(2)
Every person operating any form of vehicle or vessel
permitted on the surface of Lake Peekskill shall at all times operate the
same in a careful and prudent manner and at such rate of speed as shall not
endanger the property or life and limb of any person.
(3)
Electric-powered vessels. Motorboats operated by electric
power derived from batteries not exceeding twenty-four-volt capacity shall
be permitted upon said lake.
(4)
Registration numbers. Registration numbers are to be
issued and shall be affixed on both sides of bow (front) of manually operated
boats, vessels and electric-powered vessels, or painted upon all manually
operated boats, vessels and electric-powered vessels using the waters of the
Lake Peekskill District. Said registration numbers shall be issued by the
current enforcement authority or designee.
B.
Roaring Brook Lake.
(1)
Power-driven vessels or vehicles. It is prohibited to
operate any gasoline- or oil-driven vessel or vehicle on the waters of the
Roaring Brook Lake District, whether frozen or not.
[Amended 4-11-2007 by L.L. No. 4-2007]
(2)
Electric-powered vessels. Motorboats operated by electric
power derived from batteries not exceeding twenty-four-volt capacity shall
be permitted upon said lake.
(3)
Registration numbers. Registration numbers are to be
issued and shall be affixed on both sides of bow (front) of manually operated
boats, vessels or motorboats or painted upon any and all boats using the waters
of Roaring Brook Lake District. Said registration numbers shall be issued
by the current enforcement authority or its designee.
(4)
Maximum length. No motorboats or vessels shall exceed
the length of 16 feet, except that there should be no limitation on the size
of canoes or sailboats.
C.
Hilltop Estates.
(1)
Motorboats and vessels. No owner, operator or occupant
of a manually operated boat, vessel, motorboat, PWC or SPC shall be permitted
to land on or leave his or her vessel on any of the beach property, or to
attach to any of the mooring buoys, except households of the Improvement District
or their lessees shall be permitted to moor, land or store their vessels on
beach property set aside for such purpose. Docking facilities are to be limited
to the mooring of one boat per each household.
(2)
Beaching vessels. It is forbidden to leave boats on the
beach, out of the water, for overhauling, painting or any other purpose during
the period extending from June 20 to Labor Day. Hilltop Estates Improvement
District property owners or their lessees leaving their boats either on the
beach area at any time of the year or in the waters abutting thereon do so
at their own risk and responsibility.
(3)
Vessel restriction. The bathing area and the beach section
from the steps to the bathing area shall be kept free of boats at all times.
D.
Abele Park. No owner, operator or occupant of any motorboat,
vessel, PWC or SPC shall be permitted to launch from, land on or moor to any
of the beach property, or to anchor in any of the waters of the lake abutting
thereon, except that property owners of the park district or their lessees
shall be permitted to launch such vessel from, or moor to, land or store their
vessels on beach property set aside for such purpose.
E.
Northview Estates.
(1)
Vessel regulations. No owner, operator or occupant of
any motorboat, vessel, PWC or SPC shall be permitted to launch such vessel
from, land on or moor to any of the beach property, or to anchor in any of
the waters of the lake abutting thereon, except that property owners of the
park district and their immediate families, or their lessees, shall be permitted
to launch such vessel from, or moor, land or store their vessels on beach
property set aside for such purpose.
(2)
No homeowner or property owner shall moor more than one
vessel in the designated mooring areas, except by consent of a simple numerical
majority of the homeowners and property owners of the park district.
(3)
No overnight mooring of vessels on beach areas for visitors
of property owners shall be permitted.
F.
Barger and Bryant Ponds.
(1)
Operation of vessels. Every person operating any vessel
on the surface of Barger Pond or Bryant Pond shall at all times operate the
same in a careful and prudent manner and at reasonable rate of speed that
shall not endanger the property or threaten the life or limb of any person.
(2)
Types of vessels. No gas- or oil-driven motorboat, whether
by inboard or outboard motor, shall be operated on Barger Pond or Bryant Pond.
A.
No person under the age of 18 years shall operate a mechanically
propelled or motor-driven conveyance on the lakes and waterways in the Town
of Putnam Valley, unless accompanied by a person who is 18 years old or if
the operator is 10 years old or older and has, in his or her possession, a
Boating Safety Certificate issued by the Commissioner of Environmental Conservation.
B.
No person shall operate any mechanically propelled or
motor-driven vessel, powered by gasoline or oil, on the lakes and waterways
of Putnam Valley, except Lake Oscawana.
C.
No person shall operate any motorboat, PWC or SPC without
being registered and numbered as provided in § 2251 of the Vehicle
and Traffic Law of New York State.
D.
No person shall operate any motorboat, vessel, PWC or
SPC on any lake or waterway in the Town of Putnam Valley in a manner which
is not careful or prudent, nor in a manner in which the motorboat, vessel,
PWC or SPC or its wake will endanger other motorboats, vessels, PWC or SPC,
or property, or the life and/or limb of any person.
E.
No person shall operate any motorboat, vessel, PWC or
SPC in a manner which will interfere with the free and proper use of any waterway
or lake in the Town of Putnam Valley.
F.
No person shall operate any motorboat, vessel, PWC or
SPC when approaching or passing within 150 feet of any shore, dock, pier,
raft or float, crib or bathing beach, or person or persons in, or swimming
in, the lakes and waterways of the Town, or motorboat, vessel, PWC or SPC,
without reducing the speed of and operating such motorboat, vessel, PWC or
SPC in a manner or at a speed that does not cause a wake, that does not unreasonably
interfere with or endanger such dock, pier, raft or float, crib or bathing
beach, or person or persons in, swimming in, the lakes and waterways of the
Town, or motorboat, vessel, PWC or SPC, including an anchored or moored vessel,
or the user or occupants of the same.
G.
No person shall operate any motorboat, vessel, PWC or
SPC closer than 150 feet of shore at a speed greater than five miles per hour,
nor create a wake.
H.
No person shall operate any motorboat, vessel, PWC or
SPC within 150 feet of shore, float, raft, dock, pier, crib or bathing beach
or of any person in, or swimming in, Lake Oscawana at a speed greater than
five miles per hour, nor shall such craft create wake.
I.
No person shall operate any motorboat, vessel, PWC or
SPC within 100 feet of any manually operated boat, sailboat, motorboat, vessel,
PWC or SPC at a speed greater than five miles per hour, nor shall any such
vessel create a wake.
J.
No person shall operate any motorboat, vessel, PWC or
SPC in the South Cove, Abele Park Cove, Wildwood Knolls Cove, Northeast Cove
or Northwest Cove at a speed greater than five miles per hour nor shall any
such craft create a wake, nor pick up or drop off a water skier, or a person
or persons using a towable aquatic device.
(1)
South Cove. The South Cove is that area of Lake Oscawana
of a line drawn between a point of land, marked by a buoy on the east shore,
now or formerly, of Axinn, Tax Map Number 62.63-1-8 and a point of land, marked
by a buoy, on the was shore, now or formerly, of Keating, Tax Map Number 62.13-2-26.
(2)
Abele Park Cove. The Abele Park Cove is that area of
Lake Oscawana lying easterly of a line drawn from the southwest shore of Wheat
Island (Dunderberg Island), now or formerly, of Berman, Tax Map Number 62.14-1-18,
to the north shore, now or formerly, of Axinn, Tax Map Number 62.63-1-8.
(3)
Wildwood Knolls Cove. The Wildwood Knolls Cove is that
area of Lake Oscawana lying easterly of a straight line drawn from the northernmost
point of an island, now or formerly, of Jordan (Jordan's Island), Tax
Map Number 62.14-1-32, to the southwesterly corner of lands, now or formerly,
of Lockwood, Tax Map Number 62.10-2-7, adjacent to and west of the New York
State Designated Wetland, OL-38, commonly known as "Lost River."
(4)
Northeast Cove and Northwest Cove. The Northwest Cove
and the Northeast Cove are included in that area of Lake Oscawana lying northerly
of a straight line drawn from the northerly line of lands, now or formerly,
of the Chippewa Boat Club, Tax Map Number 51.73-1-5, on the east shore of
Lake Oscawana to the point on the west shore of said lake of lands, now or
formerly, of Kisslinger and Kaplan and Kaplan, Tax Map Number 51.-2-28.
K.
No person shall at any time, operate any motorboat, vessel, PWC or SPC a speed greater than 35 miles per hour between the hours of one hour after sunrise to sunset, except as stated in § 58-8A on any lake or waterway in the Town of Putnam Valley.
L.
No person shall operate any motorboat, vessel, PWC or
SPC, during the hours from sunset to one hour after sunrise at a speed greater
than five miles per hour, nor create any wake from such vessel.
M.
No person shall operate any PWC or SPC within 500 feet
of any designated bathing area, except in bodies of water where the opposing
shore line is less than 500 feet from such designated bathing area. Then such
PWC and SPC shall be operated according to the restrictions in this chapter.
However, nothing contained in this section shall prohibit the launching or
landing of such PWC or SPC from a designated launching or landing site.
N.
No person shall operate any PWC or SPC in a reckless
manner and shall, at all times, operate such craft in a reasonable and prudent
manner. Maneuvers which unreasonably or unnecessarily endanger life, limb
or property, including, but not limited to, weaving through congested vessel
traffic; jumping the wake of another vessel unreasonably or unnecessarily
close to such other vessel or when visibility around such other vessel is
obstructed; and swerving at the last possible moment to avoid collision shall
all constitute reckless operation of a vessel, motorboat, PWC or SPC.
O.
No person shall operate any motorboat, vessel, PWC or
SPC on a lake or waterway in the Town of Putnam Valley so as to knowingly
and repeatedly injure or endanger the health, safety or welfare of another
person or act in a manner that would be offensive to a reasonable person of
ordinary intelligence and sensitivity.
P.
No person operating any motorboat, vessel, PWC or SPC,
while taking off, towing or landing a person using a towable aquatic device,
violate any section or subsection of this chapter with respect to the safety
requirements while operating any such vessel.
Q.
No person shall operate any motorboat, vessel, personal
watercraft or SPC while taking off, towing or landing a person or persons
using a towable aquatic device, at a speed in excess of 40 miles per hour.
R.
No person shall be towed using a towable aquatic device,
nor shall any person operate a motorboat, vessel, PWC or SPC, towing a person
or persons using a towable aquatic device between sunset and one hour after
sunrise, inclusive.
S.
No person shall operate any motorboat, vessel, PWC or
SPC towing a person or persons using a towable aquatic device at a speed in
excess of five miles per hour in:
(1)
South Cove. The South Cove is that area of Lake Oscawana
lying south of a line drawn between a point of land, marked by a buoy on the
east shore, now or formerly, of Axinn, Tax Map Number 62.63-1-8 and a point
of land, marked by a buoy, on the west shore, now or formerly, of Keating,
Tax Map Number 62.13-26.
(2)
Abele Park Cove. The Abele Park Cove is that area of
Lake Oscawana lying easterly of a straight line drawn from the southwest shore
of Wheat Island (Dunderberg Island), now or formerly, of Berman, Tax Map Number
62.14-1-18, to the north shore, now or formerly, of Axinn, Tax Map Number
62.63-1-8.
(3)
Wildwood Knolls Cove. The Wildwood Knolls Cove is that
area of Lake Oscawana lying easterly of a straight line drawn from the northernmost
point of an island now or formerly, of Jordan (Jordan's Island), Tax
Map Number 62.14-1-32, to the southwesterly corner of lands, now or formerly,
of Lockwood, Tax Map Number 62.10-2-7, adjacent to and west of the New York
State Designated Wetland, OL-38, commonly known as "Lost River."
(4)
Northeast Cove and Northwest Cove. The Northwest Cove
and the Northeast Cove are included in that area of Lake Oscawana lying northerly
of a straight line drawn from the northerly line of lands, now or formerly,
of Chippewa Boat Club, Tax Map Number 51.73-1-5, on the east shore of Lake
Oscawana to the point on the west shore of said lake of lands, now or formerly,
of Kisslinger and Kaplan and Kaplan, Tax Map Number 51.-1-28.
T.
No person shall be towed using a towable aquatic device
nor shall any person operate any motorboat, vessel, PWC or SPC while towing
any person or persons using a towable aquatic device within 100 feet of any
manually operated boat, vessel, motorboat, PWC or SPC.
U.
No person shall be towed using a towable aquatic device
nor shall any person operate any motorboat, vessel, PWC or SPC while towing
any person using a towable aquatic device within 150 feet of the shore, float,
raft, dock, pier, crib or bathing beach, or of any person in, or swimming
in, Lake Oscawana. Except this section shall not prohibit the take off or
landing of a person using a towable aquatic device so long as no other section
or subsection of this chapter is violated.
V.
No person shall operate any motorboat, vessel, PWC or
SPC towing more than two persons using a towable aquatic device(s) at the
same time.
W.
No person shall operate any motorboat, vessel, PWC or
SPC while towing any person using a towable aquatic device nor shall any person
be towed from any such motorboat, vessel, PWC or SPC, unless, in addition
to such person operating such motorboat, vessel, PWC or SPC, an observer is
on board such vessel who is at least 10 years old. It shall also be a violation
of this section if such person is not constantly observing such person or
persons using a towable aquatic device(s).
X.
No person shall operate or manipulate any person or persons
using a towable aquatic device in a reckless or negligent manner so as to
endanger the life, limb or property of any person.
Y.
No person shall be in, swim in or wade in Lake Oscawana
at a distance of more than 150 feet from shore or a swimming raft or float
unless:
(1)
Such person is accompanied and attended by a vessel operated
and controlled by another swimmer. Such vessel shall be kept within 15 feet
of such person at all times that person is in Lake Oscawana more than 150
feet from shore.
(2)
The operator of such vessel accompanying and attending
a person in Lake Oscawana more than 150 feet from shore shall signal any approaching
motor boat, vessel, PWC or SPC as to the presence of a person in Lake Oscawana
more than 150 feet from shore.
(3)
Such person in Lake Oscawana, more than 150 feet from
shore, is towing an inflatable boat equipped with a swimming flag; such flag
shall be at least 300 square inches.
Z.
No person shall place, throw, deposit or discharge or
cause to be placed, thrown, deposited or discharged in the waters of any lake
or their inlets or outlets on any waterway in the Town of Putnam Valley any
garbage, litter, leaves, yard waste, grass clippings, any sewage or other
liquid or solid materials which render the water unsightly, noxious or otherwise
unwholesome so as to be detrimental to the public health or welfare or to
the enjoyment of the water for recreational purposes. A violation of this
subsection shall constitute a misdemeanor.
A.
Any person who shall violate any section of this chapter
shall be guilty of a violation, unless the particular section is designated
a misdemeanor.
(1)
Notwithstanding any other designation specified in the
law or ordinance defining it, a fine of not more than $250 or sentence to
a term of imprisonment which is not in excess of 15 days as provided therein,
or the only sentence provided therein is fine; or
[Amended 4-15-1998 by L.L. No. 5-1998]
(2)
A sentence to a term of imprisonment in excess of 15
days is provided for such offense in a law or ordinance enacted prior to the
effective date of this chapter but the offense was not a crime prior to that
date.
B.
Any person who shall violate a section particularly designated
as a misdemeanor shall be guilty of an unclassified misdemeanor.
