Town of Greece, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Greece as indicated in article histories. Amendments noted where applicable.]
065a Appendix A
[Adopted 4-2-1991 by L.L. No. 1-1991]

§ 65-1 Title.

This article shall be known as the "Braddock Bay Speed Limit Law of the Town of Greece."

§ 65-2 Findings.

The Town Board of the Town of Greece finds that:
A. 
Braddock Bay has been identified as a Class I Wetland entitled "GR-1" by the New York State Department of Environmental Conservation by authority of Article 24 of the New York State Environmental Conservation Law.
B. 
Braddock Bay has been identified as a Lacustrine Limnetic Open Water Permanent Wetland on the National Wetlands Inventory Map of the United States Department of the Interior.
C. 
Braddock Bay has been identified by the New York State Department of State as a significant fish and wildlife habitat.
D. 
Braddock Bay is a major part of the Braddock Bay Fish and Wildlife Management Area, jointly administered by the New York State Department of Environmental Conservation and the Town of Greece.
E. 
Excessive speeds in the Bayshore, on Buttonwood Creek and along the shoreline of Salmon Creek and the resultant heavy wakes thereby created pose a threat to the environmentally sensitive habitats and vegetative features of said areas.
F. 
Excessive speeds in the bay and its channel to Lake Ontario pose a safety hazard to all recreational users of the bay.

§ 65-3 Purpose.

The purpose of this article is to provide for the safety of the recreational users of Braddock Bay and Buttonwood and Salmon Creeks and to protect the environmentally sensitive nature of the bay, creeks and their fish and wildlife habitats by imposing a five-mile-per-hour no-passing zone in the Braddock Bay channel, a five-mile-per-hour no-wake zone in Buttonwood Creek and 100 feet from the shore of Braddock Bay and Salmon Creek; and to provide for the enforcement thereof.

§ 65-4 Definitions.

The following terms, when used in this article, unless otherwise expressly stated, or unless the context of the language or subject matter indicates a different meaning or application was intended, shall be deemed to mean and include:
AIDS TO NAVIGATION
Buoys, beacons or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.
DOCK
A wharf or portion of a wharf extending along the shoreline and generally connected with the uplands throughout its length.
FLOATING OBJECTS
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 floats, mooring buoys and fishing buoys.
FRESHWATER WETLAND FEATURES
Any or all of the physical characteristics which are contained within a freshwater wetland as defined in Article 24, § 24-0107, of the Environmental Conservation Law of the State of New York.
PIER
A wharf or portion of a wharf extending from the shoreline with water on both sides.
VESSEL
Any floating craft.
WAKE
The wave created by a vessel as it moves through water.
WHARF
Includes any structure built or maintained for the purpose of providing a berthing place for vessels.

§ 65-5 Regulations and prohibitions; enforcement.

A. 
No vessel shall be operated within that area of the channel of Braddock Bay, bounded and described in Appendix A,[1] in a manner or at a speed that unreasonably interferes with or endangers any vessel or person or that passes any vessel proceeding in the same direction, but in no event at a speed exceeding five miles per hour. No vessel shall be anchored within the channel of Braddock Bay for any purpose other than for an emergency situation requiring such anchoring.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B. 
No vessel shall be operated in Buttonwood Creek in a manner or at a speed that causes a wake that unreasonably interferes with or endangers a dock, pier, raft, floating object, anchored or moored vessel, swimmer or freshwater wetland feature, but in no event at a speed exceeding five miles per hour.
C. 
No vessel shall be operated within 100 feet of the shore of Braddock Bay and Salmon Creek, in a manner or at a speed that causes a wake that unreasonably interferes with or endangers a dock, pier, raft, floating object, anchored or moored vessel, swimmer or freshwater wetland feature, but in no event at a speed exceeding five miles per hour, unless such vessel is being operated near such shore, dock, pier, raft, floating object or anchored vessel for the purpose of enabling a person engaged in waterskiing to take off or land.
D. 
The regulations of this article shall not apply to any vessel operated by any law enforcement agency of the federal, state, county, or Town governments engaged in the act of enforcement of this article, or to any vessel operated by the aforementioned law enforcement agencies or a fire district or department engaged in the act of responding to calls for emergency service.
E. 
It shall be unlawful for any person, firm or corporation to violate Subsections A, B and C of this section relating to the imposition of a five-mile-per-hour no-passing zone in the Braddock Bay Channel and a five-mile-per-hour no-wake zone on Buttonwood Creek and along the shore of Braddock Bay and Salmon Creek in the Town of Greece.
F. 
The Greece Department of Public Safety, through the Director of Public Safety of the Town of Greece, any other police officer and any other peace officer, shall enforce the provisions of this article.
[Amended 3-17-1992 by L.L. No. 1-1992]

§ 65-6 Penalties for offenses.

A. 
Any person, firm or corporation violating or permitting the violation of any provision of this article shall be subject to a fine of not less than $75 nor more than $200 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
B. 
Notwithstanding the foregoing provisions of this section, the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional $100 if the conviction is for a second violation of any provision of this article where both violations were committed within an eighteen-month period, and the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional $200 if the conviction is for a third or subsequent violation of any provision of this article where all such violations were committed within an eighteen-month period. Where an additional fine is provided by this subsection, a sentence of imprisonment for not more than 30 days may be imposed in place of or in addition to any fine imposed.
[Adopted 4-20-1999 by L.L. No. 1-1999]

§ 65-7 Title.

This article shall be known as the "Lake Ontario Shoreline Speed Limit Law of the Town of Greece."

§ 65-8 Findings.

The Town Board of the Town of Greece finds that:
A. 
Excessive speeds along and in proximity to the shoreline of Lake Ontario, contiguous to the Town of Greece, in front of residences pose a safety hazard to all passive or active recreational users of the lake.
B. 
Excessive speeds along the shoreline of Lake Ontario, contiguous to the Town of Greece, and the resultant wakes thereby created pose a significant erosion threat to the shoreline in both heavily populated and unpopulated to sparsely populated areas.
C. 
Excessive speeds along and in proximity of the shoreline of Lake Ontario, contiguous to the Town of Greece, because of excessive wakes, pose a threat to environmentally sensitive areas which are primarily unpopulated to sparsely populated.

§ 65-9 Purpose.

The purpose of this article is to provide for the safety of the recreational users of Lake Ontario and its shoreline with the Town of Greece and to protect the environmentally sensitive nature of Lake Ontario and its shoreline and their fish and wildlife habitats by imposing a five-mile-per-hour speed limit within 200 feet of the shore of Lake Ontario and the Town of Greece and to provide for the enforcement thereof.

§ 65-10 Definitions.

The following terms, when used in this article, unless otherwise expressly stated, or unless the context of the language or subject matter indicates that a different meaning or application was intended, shall be deemed to mean and include:
AIDS TO NAVIGATION
Buoys, beacons or other fixed objects in the water which are used to mark obstructions to navigation or to direct navigation through safe channels.
DOCK
A wharf or portion of a wharf extending along the shoreline and generally connected with the uplands throughout its length.
FLOATING OBJECTS
Any anchored marker or platform floating on the surface of the water other than aids to navigation, and includes but is not limited to bathing beach markers, speed zone markers, information markers, swimming or diving floats, mooring buoys and fishing buoys.
PIER
A wharf or portion of a wharf extending from the shoreline with water on both sides.
VESSEL
Any floating craft, including but not limited to any personal watercraft as defined under § 2 of the Navigation Law of the State of New York.
WAKE
The wave created by a vessel as it moves through water.
WHARF
Includes any structure built or maintained for the purpose of providing a berthing place for vessels.

§ 65-11 Regulations and prohibitions; enforcement.

A. 
No vessel shall be operated in Lake Ontario contiguous to the Town of Greece within 200 feet of the shore, a dock, pier, raft, floating object or an anchored or moored vessel at a speed exceeding five miles per hour, unless such vessel is being operated near such shore, dock, floating object, pier, raft or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land.
B. 
The regulations of this article shall not apply to any vessel operated by any law enforcement agency of the federal, state, county or Town governments engaged in the act of enforcement of this article or to any vessel operated by the aforementioned law enforcement agencies or a fire district or department engaged in the act of responding to calls for emergency services.
C. 
It shall be unlawful for any person, firm or corporation to violate Subsection A of this section relating to the imposition of a five-mile-per-hour speed limit as set forth therein.
D. 
The Greece Department of Public Safety, and any other police officer and any other peace officer, shall enforce the provisions of this article.

§ 65-12 Penalties for offenses.

A. 
Any person, firm or corporation violating or permitting the violation of any provision of this article shall be subject to a fine of not less than $75 nor more than $200 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
B. 
Notwithstanding the foregoing provisions of this section, the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional $100 if the conviction is for a second violation of any provision of this article where both violations were committed within an eighteen-month period, and the maximum fine provided herein for the violation for which the person is sentenced may be increased by an additional $200 if the conviction is for a third or subsequent violation of any provision of this article where all such violations were committed within an eighteen-month period. Where an additional fine is provided by this subsection, a sentence of imprisonment for not more than 30 days may be imposed in place of or in addition to any fine imposed.