[HISTORY: Adopted by the Board of Trustees of the Village of Fair
Haven as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-1-1985 by L.L. No. 4-1985
(Ch. 26, Art. I, of the 1970 Code)]
The purpose of this article is to provided for the regulation and control
of boating and swimming in the channel connecting Lake Ontario with Little
Sodus Bay.
Swimming in the channel connecting Lake Ontario with Little Sodus Bay
is prohibited. No swimming shall be allowed in this area at any time.
A speed limit of five miles per hour is hereby established in the area
known as the channel connecting Lake Ontario with Little Sodus Bay for any
and all boats of any size, type and description using said channel.
If any clause, sentence, paragraph, section, or part of this article
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof, but
shall be confined and apply in its operation only to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
A violation of this article shall be a violation and, upon conviction
thereof, shall be punishable by a fine not to exceed $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
This article shall take effect immediately upon its filing with the
Secretary of State.
[Adopted 6-30-1986 by L.L. No. 1-1986
(Ch. 26, Art. II, of the 1970 Code)]
This article shall be known as the "Power Boat Local Law of the Village
of Fair Haven."
This article shall apply to all waters or waterways within or adjacent
to the Village of Fair Haven or subject to its jurisdiction.
This article is adopted under the authority of the laws of the State
of New York.
As used in this article, the following terms shall have the meanings
indicated:
Includes any vessel propelled wholly or partly by an engine operated
by the explosion of gas, gasoline or any other inflammable substance.
A.
Every person operating a power boat shall at all times
operate the same in a careful and prudent manner and at such a rate of speed
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. Throwing up a dangerous wake when approaching or
passing another boat is prohibited.
B.
No power boat shall be operated in the waterways within
or adjacent to the Village of Fair Haven, or subject to its jurisdiction,
at a speed greater than 35 miles per hour.
C.
Notwithstanding the speed limit contained in Subsection B immediately above, no power boat shall be operated within 100 feet of any lifelines or bathing floats, or if there are no life lines or bathing floats, then within 100 feet of any public or semipublic beach, regularly used for bathing or swimming, or within 100 feet of any bather or swimmer, except that such boat may approach or depart perpendicularly to such beach at a rate not to exceed five miles per hour, solely for the purpose of commencing or ending a ride.
No person shall operate a boat propelled wholly or partly by an engine
operated by the explosion of gas, gasoline or other flammable substance without
having the exhaust from the engine run through a muffling device so constructed
and used as to muffle the noise from the exhaust in a reasonable manner.
The dumping of oil, refuse, garbage, sewage or waste from any boat within
the jurisdiction of the Village of Fair Haven is prohibited.
A.
Any boat which becomes a menace to navigation or becomes
unseaworthy or sinks, grounds or otherwise becomes disabled or incapable of
navigation shall be removed or restored to navigable condition by the registered
owner upon notice from the Board of Trustees of the Village of Fair Haven,
or its designated agent, which notice shall be either by personal service
or registered mail, addressed to the registered owner's last known address
given by him or as stated in the certificate of registration.
B.
If such boat is not removed or restored to navigable
condition by said owner within one week after the mailing of said notice,
the Board of Trustees of the Village of Fair Haven, or its designated agent,
may, in addition to pursuing a criminal action against said owner, direct
the removal or destruction of the boat, and the cost of said removal, including
storage charges, shall be attached to and shall become a lien upon said boat,
and said boat may be sold under direction of the court at public auction to
defray said expenses, any surplus being returned to the owner of record. The
Village shall not be liable for any damage done to said boat during its removal,
storage and sale.
A.
An offense against the provisions of this article shall
constitute a violation under the Penal Law and shall be punishable by a fine
of not more than $250 or by imprisonment for not more than 15 days, or both.
B.
When a violation of this article is continuous, each
24 hours thereof shall constitute a separate and distinct violation.
This article shall take effect immediately upon its filing with the
Secretary of State.
