[HISTORY: Adopted by the Board of Trustees of the Village of Oyster
Bay Cove as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-18-1991 by L.L. No. 1-1991]
The following regulations are necessary in order to protect and secure
navigation, bathing, fishing and other recreational uses, and the natural
beauty and healthful, safe, full and proper enjoyment of the waters and ecological
resources bounding the Village by the inhabitants of the Village and the community;
to secure safety from flood, fire, panic, explosions and other dangers; to
protect the inhabitants of the Village from unreasonable odors, smoke, vapor,
gas, dust, pollution, garbage, effluents, noise and vibrations; to promote
and protect the good order, peace, health, safety, morals and general welfare
of the inhabitants of the Village and the community; and to protect and secure
the property of the same.
Except when prohibited by reason of laws of the United States, the state,
or where otherwise expressly provided herein, the following provisions of
this article shall apply to all waters within the Village and to all waters
bounding and adjacent to 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:
The attachment of, or to attach, a vessel to the ground by means
of tackle so designed that, when such attachment is terminated, the tackle
in its entirety is removed from the ground and taken under the control of
the vessel.
A publicly or privately owned structure approved by the U.S. Army
Corps of Engineers, extending from the shoreline into a body of water used
for the purpose of mooring vessels and the receiving and discharging of passengers
from vessels.
The Harbormaster, any Nassau County or Village police officer, or any enforcement officer as defined in § 314-12A of this article.
Structures which extend seaward of the high tide line on or above
the water to provide access to boats, or for fishing or swimming.
The Harbormaster appointed by the Board of Trustees.
When used as a verb, the attachment of, or to attach, a vessel to
a pier or dock or other structure; or the attachment of, or to attach, a vessel
to the ground by means of tackle so designed that, when such attachment is
terminated, some portion of the tackle remains attached to the ground and
is not taken under the control of the vessel.
A device for reducing the operating noise level of an internal combustion
engine by cooling exhaust gases.
The person under whose name the vessel was last registered in accordance
with the provisions of the Federal Boating Act of 1958 or the Laws of the
State of New York, if requiring registration 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 entitled him to such possession.
Bulkheads approved by the U.S. Army Corps of Engineers which form
a boat basin for the purpose of mooring vessels and receiving and discharging
of passengers from vessels.
The rules and regulations promulgated by the Board of Trustees.
[1]Any person using any underwater breathing apparatus similar in function
to an aqua lung, but shall not include bona fide salvage operations displaying
proper signals.
A vessel commonly known as a houseboat, a duck blind, a raft, a jet
ski and every vessel or floating craft, except boats normally propelled solely
by hand.
[1]
Editor's Note: The Anchoring and Mooring Rules and Regulations are
on file in the office of the Village Clerk.
A.
The Harbormaster shall:
B.
The Harbormaster is hereby authorized to issue mooring
permits and designate the location and types of mooring upon approval of the
Board of Trustees of the written application by the owner, charterer or operator
responsible for a vessel. The mooring permit shall not extend beyond the end
of the calendar year in which the permit is issued.
Each vessel governed by a mooring permit shall display a current identification
as specified by the Harbormaster, and no vessel shall be attached to a mooring,
singly or in a raft, unless evidence of the issuance of such permit is displayed.
A.
No vessel shall anchor or moor in such a manner as to
obstruct or render hazardous access to or from a dock or private marina except
when such vessel is compelled so to anchor or moor as a result of a temporary
disability or emergency arising out of the perils of the sea and then only
during such period of emergency or disability.
B.
No person shall moor any vessel at a mooring detached
from and within 1,500 feet of the shore or in such a manner as to obstruct
or render hazardous access to or from a dock or private marina unless:
(1)
Such vessel is compelled so to moor owing to temporary
disability and then only during the period of its temporary disability; or
(2)
Such vessel is compelled so to moor temporarily owing
to an emergency arising out of the perils of the sea and then only during
such period of emergency; or
(3)
Such vessel is moored at a mooring the location of which
either is approved specifically by the Board of Trustees or is on a mooring
plan approved by the Board of Trustees.
C.
All floats shall be anchored or moored in such a way
as to be secure at all times and under all conditions.
A.
Sanitation. No person shall cast, deposit, dump, discharge,
or place, or cause or suffer to be cast, deposited, dumped, discharged or
placed, any oil, garbage, or refuse matter of any kind into any waters or
on any beach below the high-water mark. Vessels with facilities for living
on board shall be equipped with operating sanitation devices meeting all applicable
governmental regulations.
B.
Hazards to navigation. Any vessel (including for the purposes of this section a vessel propelled solely by hand) or any other object, which becomes a menace to navigation, or unseaworthy or sinks, grounds or becomes otherwise disabled, shall be removed by the owner or person in charge thereof on order of any enforcing officer described in § 314-12 of this article. If said vessel or other object is not removed after an order so to remove it, it may be removed by or at the direction of such enforcing officer at the expense of the owner or person in charge of said vessel to be enforced by civil suit, such expense to be in addition to such penalties as may be prescribed or imposed under the Code of the Village of Oyster Bay Cove or the laws of the State of New York.
A.
No person shall operate or drive any vessel (except vessels
being exclusively propelled by wind and sail) at a greater speed than five
miles per hour when within 500 feet of the shore or within a mooring area
designated by the Board of Trustees.
B.
No person shall operate or drive any vessel propelled
other than by hand within 100 feet of any life lines or bathing float.
C.
Every person operating or driving a vessel and every
person riding water skis, a surfboard or similar device shall at all times
operate the same in a manner (including, without limitation, the throwing
of its wake) so as not to disturb or endanger the property of another or the
life or limb of any persons, or so as to interfere with the free and proper
use of the water by others.
D.
No person shall operate or drive any vessel while in
an intoxicated condition or while impaired by being under the influence of
drugs.
E.
No person shall operate or drive a vessel propelled wholly
or partly by an internal combustion 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 as to muffle the noise of exhaust in a reasonable manner.
A.
No person shall operate, drive, moor or anchor any dredge or any vessel in connection with, or in the pursuit of, any business operated for profit (except as otherwise may be specifically permitted by Chapter 320, Zoning, and except those vessels and persons engaged in the cultivation or harvesting of shellfish) within the waters to which this article is applicable without having first obtained a written permit from the Board of Trustees.
B.
Upon receipt of any such application the Board of Trustees
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 in its
determination with respect to the application.
C.
The Board of Trustees may grant such a permit, permanently
or temporarily, if it finds affirmatively that the proposed operation and
business protect and secure the inhabitants of the Village and the community
from unreasonable odors, smoke, vapor, gas, dust, noise and vibrations; that
they protect and secure the property of the Village and its inhabitants from
damage and injury; that they are consistent with and protect the good order,
peace, health, safety, morals and general welfare of the inhabitants of the
Village and the community; that they do not create problems relating to obstructions
to navigation; and that they do 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 Board of Trustees shall
determine to grant such permit, it shall state therein such restrictions and
conditions (including, without limitation, time limits and duration of the
stay when a vessel is used or occupied as living or sleeping quarters and
other limits and restrictions as to hours, days, months, extent and area of
operation) as it may deem necessary to protect and secure all of the same.
A.
Aquatic events. Anything herein contained to the contrary
notwithstanding, the Board of Trustees may in its discretion issue special
permits for aquatic events, boat races or other similar events under proper
supervision in limited areas for limited periods, after prior approval by
the United States Coast Guard.
B.
Skin diving.
(1)
No skin diving shall be undertaken in any waters where
the same may interfere with reasonable and proper operation of vessels.
(2)
No person shall engage in skin diving without a person
of at least 16 years of age other than the skin diver in a position as lookout.
(3)
No person shall use, operate or discharge under water
any spear, spear gun or similar weapon or apparatus in all waters bounding
the Village for a distance of 1,500 feet from the Village shoreline.
A.
No person shall operate a vessel for towing a person
on water skis, a surfboard or similar device unless there is in such vessel
a person other than the operator who is at least 10 years old, or has been
awarded a boat safety certificate by the State of New York, in a position
to observe the progress of the person being towed.
B.
No person shall ride on water skis, a surfboard or similar
device or use or operate a vessel to tow a person thereon between the period
from sunset to one hour after sunrise.
A.
Enforcement officers. Any member of the Board of Trustees,
any duly authorized officer or agent of the Board of Trustees, the Harbormaster,
or any of his duly appointed deputies, any police officer or Bay Constable,
and any member of the Marine Division of the Nassau County Police Department,
(each of whom is hereinafter referred to as "such enforcing officer"), is
hereby empowered to enforce the provisions of this article.
B.
Authority and enforcement officers.
(1)
Every person in charge of or who owns charters or is
operating a vessel shall at all times obey the lawful orders of any such enforcing
officer. For the purposes of this subsection, "vessel" shall include a vessel
propelled solely by hand.
(2)
Any vessel or float anchored or moored or attached to
another vessel, in violation of any part of this article, shall be removed
or detached, as the case may be, by the owner, charterer or person in charge
thereof on order of any such enforcing officer. If any such vessel or float
is not removed after an order so to remove it, the same may be removed by
or at the expense of the owner, charterer or person in charge of said vessel
or float to be enforced by civil suit, such expense to be in addition to such
penalties as may be prescribed by or imposed under the Code of the Village
of Oyster Bay Cove or the laws of the State of New York.
(3)
Any such enforcing officer shall have the right to stop
any vessel, to board, enter upon and inspect any vessel for any of the following
purposes:
The Board of Trustees is authorized by resolution to promulgate rules,
regulations and mooring fees and such other administrative fees as it may
determine are necessary and proper for the administration and enforcement
of this article.[1]
[1]
Editor's Note: The Anchoring and Mooring Rules and Regulations are
on file in the office of the Village Clerk.
All vessels operating within the waters regulated pursuant to this article
shall comply with all applicable laws, rules and regulations
of the state and federal governments.
