[HISTORY: Adopted by the Town Board of the
Town of Greece as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-2-1991 by L.L. No. 1-1991]
This article shall be known as the "Braddock
Bay Speed Limit Law of the Town of Greece."
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.
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.
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:
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 portion of a wharf extending along the shoreline
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 floats, mooring buoys and fishing buoys.
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.
A wharf or portion of a wharf extending from the shoreline
with water on both sides.
Any floating craft.
The wave created by a vessel as it moves through water.
Includes any structure built or maintained for the purpose
of providing a berthing place for vessels.
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]
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]
This article shall be known as the "Lake Ontario
Shoreline Speed Limit Law of the Town of Greece."
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.
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.
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:
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 portion of a wharf extending along the shoreline
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 includes but is not limited
to bathing beach markers, speed zone markers, information markers,
swimming or diving floats, mooring buoys and fishing buoys.
A wharf or portion of a wharf extending from the shoreline
with water on both sides.
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.
The wave created by a vessel as it moves through water.
Includes any structure built or maintained for the purpose
of providing a berthing place for vessels.
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.
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.
