[HISTORY: Adopted by the Board of Trustees of the Village of Poquott
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ordinance 15 of the 1965 Code of Ordinances; amended 12-20-1999
by L.L. No. 1-1999]
The regulations established by this article shall apply to all navigable
waters located within or bounding the Village to a distance of 1,500 feet
from the shore of the Village of Poquott except when the provisions thereof
are in conflict with the laws or local laws of the United States, the State
of New York, or any municipal corporation or administrative authority thereof,
having jurisdiction thereover.
All provisions of the Navigation Laws of this state, of the inland rules
enacted by Congress and governing the navigation of the inland waters of the
United States and of the Pilot Rules for the United States inland waters,
applicable to the channel systems relative to the rules for vessels passing
each other and other matters consistent with the proper use of the channel
systems, shall be complied with by all boats using the navigable waters within
the boundary lines of the Village of Poquott.
As used in this article, the following terms shall have the meanings
indicated:
Includes every description of watercraft or other contrivance used
on or capable of being used as a means of transportation on water and air.
Includes any vessel propelled in whole or in part by an engine or
motor, whether inboard or outboard.
Includes the person under whose name the vessel was last registered
with the United States Coast Guard or the New York State Conservation Commissioner,
and in any other case the last known owner.
No person shall operate a boat in a reckless manner, or at an excessive
rate of speed so as to endanger the life or property of any person, having
due regard for the presence of other boats, or persons, or other objects in
or on the navigable waters of the Village of Poquott. Nor shall any such person
operate any boat at a rate of speed which causes waves to damage docks, wharves,
seawalls, or boats moored to docks or wharves along any navigable waters.
No person shall operate a boat at a speed in excess of 12 miles an hour in channels nor at a speed in excess of five miles an hour within areas designated as a boat basin, anchorage, bathing area or any such areas in which speed limit signs are posted. Every boat approaching or passing any canoe, rowboat, sailing vessel, or bathing beach shall be slowed down under a speed that will cause no damage to occupants of such canoe, rowboat, sailing vessel or bathing beach. No vessel shall be operated within 100 feet of the shore, a dock, pier, raft, float or anchored or moored vessel at a speed exceeding five miles per hour. The provisions of this section shall not apply to a boat while actually competing in a regatta or boat race authorized by § 43-14 of this article.
No person shall operate a boat with an outboard motor or with an inboard
motor unless equipped with an adequately muffled exhaust. Nor shall any such
person use any siren or other noise-producing or noise-amplifying instrument
on a boat in such an manner that the peace and good order of the neighborhood
is disturbed. Provided, however, that nothing in this article shall be construed
to prohibit the use of whistles, bells or horns as signals as required by
the United States Motorboat Act or other federal law for the safe navigation
of motorboats or vessels.
No person shall operate a boat which does not meet all applicable equipment
requirements of the United States Coast Guard.
A.
Operator. No person under the age of 10 shall operate
a mechanically propelled vessel on the navigable waters of the Village of
Poquott unless accompanied by a person over the age of 14.
B.
No person between the ages of 10 and 14 shall operate
a mechanically propelled vessel on the navigable waters of the Village of
Poquott unless he is accompanied therein by a person over the age of 14, or
is the holder of a Boating Safety Certificate issued to him by the Conservation
Commissioner.
C.
The failure of a person, specified in Subsection B, above, to exhibit a Boating Safety Certificate upon demand to any Magistrate, peace officer having authority to enforce the provisions of this article shall be presumptive evidence he is not the holder of such Certificate.
D.
No person who is the owner of a mechanically propelled
vessel shall knowingly authorize or permit the operation thereof on the navigable
waters of the Village of Poquott by any person under the age of 14 unless
the operator is accompanied therein by a person over the age of 14 or is the
holder of a Boating Safety Certificate.
No person shall operate a boat while under the influence of intoxicating
liquor, narcotic drugs or opiates.
No person shall operate a boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupants of any other
boat, or throw up a dangerous wake when approaching another boat.
No person operating a boat shall use searchlights indiscriminately or
in such a manner as to annoy or disturb other persons or boats.
No person shall run or operate any boat engine for the purpose of charging
batteries, running auxiliary equipment or testing between the hours of 10:00
p.m. and 7:00 a.m.
No boat shall be moored or anchored except at the edge of a channel
and in no case closer than 50 feet to channel markers or so as to interfere
with the full use of the channel by others. The Suffolk County Police Department
shall have the authority to board any boat moored in violation of this article,
and move or cause it to be moved to another location and it shall have the
right to hold such boat for the payment of costs incurred in its removal or
storage.
Every boat in the navigable waters of the Village of Poquott which is
abandoned or which becomes a menace to navigation, or unseaworthy, or sinks,
grounds, or becomes otherwise disabled, is hereby declared to be a nuisance
and the person in charge thereof shall abate such nuisance within two days
after notice from the Village Board.
The provisions of this article shall not be construed to prohibit the
running of regattas or boat races under the auspices of a recognized bona
fide boat or yacht club or association when a permit thereof has been granted
by the Village Board; after prior approval of the United States Guard.
Persons in charge of or occupying boats docked at or moored to land
docks, piers or wharves abutting navigable waters shall observe all the health
and sanitary regulations of the Village of Poquott and of the County of Suffolk.
Discharging of toilets or of oil is prohibited in areas designated as boat
basin, anchorage or bathing areas.
A.
No person shall operate a boat on the navigable waters
of the Village of Poquott for towing a person on water skis, a surfboard or
similar device unless there is in such boat a person, other than the operator,
of at least 10 years of age, 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 boat to tow a person thereon the navigable waters
of the Village of Poquott between the period from one hour after sunset to
one hour after sunrise; provided, however, that the provisions hereof shall
not apply to a paid performer engaged in a professional exhibition.
Any person found guilty of a violation of the provisions of this article
shall be punishable by a fine of not more than $250, imprisonment for up to
15 days, or both, for each offense. A separate offense shall be deemed committed
upon each day during or on which a violation occurs or continues.
[Adopted 5-25-2000 by L.L. No. 2-2000]
This article shall be entitled "Regulations Regarding Abandoned and
Nonpermitted Boats in the Village of Poquott."
A.
Purpose. The purpose of this article is to promote and
protect the public safety and welfare of the residents of the Village of Poquott,
and their guests, and of the visitors to the Village and its waters and beaches.
B.
Intent. The intent of the article is to establish and
provide regulations for the Village of Poquott regarding abandoned boats and
boats without permits in the Village of Poquott.
As used in this article, the following terms shall have the meanings
indicated:
A boat, dinghy, vessel, or other craft located on Village of Poquott
or other public property located in the Village, which either does not have
a Village of Poquott permit, or which after being determined to be abandoned
due to lack of use and having been identified and noticed as an abandoned
boat, as provided herein, is not claimed or identified otherwise.
A craft, dinghy, vessel, sailboat or motorboat used for the transport
of goods or people on the water.
A determination to be made by the Village of Poquott or an approved
appointee of the Village of Poquott that a boat is on Village property or
public property located in the Village of Poquott, does not have a permit,
or has an expired or otherwise invalid permit and for which the previously
known owner cannot be located or for which such owner does not respond to
notification provided under this article.
A written notice regarding a boat that has been determined to be
abandoned or to not have a required Village of Poquott permit, and which shall
be posted on the boat and served in accordance with this article.
A.
All boats, crafts, dinghies, vessels, motorboats and
sailboats to be stored on the property or public beaches of the Village of
Poquott shall first obtain a permit from the Village of Poquott, which shall
obtain and display a permit issued by the Village of Poquott pursuant to such
application, fees, and other requirements as may be promulgated, resolved
or enacted by the Board of Trustees of the Village of Poquott, and which permits
shall be renewed at least annually.
B.
The Village of Poquott shall determine the location and
placement of all boats stored on Village beaches and property, and the periods
of time that such storage shall be allowed.
C.
The Village of Poquott shall have the right to determine
whether any particular boat may by stored on Village beaches or property,
or to restrict the number of boats or for good cause any particular boat from
being stored or located on Village beaches or property.
A.
Any boat, craft, vessel, sailboat or motorboat which
is located on a public beach or other property owned by the Village of Poquott
or public property within the Village of Poquott which does not have a Village
of Poquott permit, or which has an expired permit and for which after a diligent
search the last known owner of the boat either cannot be located or does not
respond to notices issued by the Village may be determined to be abandoned
or to not have a permit by the Village of Poquott.
B.
A determination of abandonment may also be made by the
Village when the owner of a boat with a valid Village of Poquott permit does
not respond to notification from the Village regarding a direction or request
by the Village to the owner as to the placement, storage, or other matter
regarding the boat.
Posting of notice of determination. Upon the determination of abandonment
or no proper permit, the Village shall affix to the boat in question and send
by regular mail and certified mail return receipt requested to the last known
owner of the boat a notice of such determination. The notice shall state the
date of the notice, the nature of the determination that has been made, as
well as the contact information for the Village.
A.
Notice of removal or seizure.
(1)
Fifteen days of the date of the posting of the first
notice of determination pursuant to this article, the Village of Poquott may
post a notice of removal or seizure, and if posted, shall also send a copy
of the notice by regular mail and certified mail return receipt requested
to the last known owner of the boat.
(2)
The notice of removal or seizure shall state that in
the event that the boat is not removed within 15 days of the date of the notice
(or sooner in the event of a emergency or health or safety issue) the boat
may be removed or seized by the Village of Poquott within 15 days of the date
of the notice, that the owner of the boat may incur fines and penalties for
not complying with the notice, and that the notice, that the owner of the
boat will be liable to the Village of Poquott for any costs incurred by the
Village in the removal and disposal of the boat and that the boat may be disposed
of or sold by the Village after further notice to owner by registered mail,
and or public notice posted and published in a conspicuous place and the official
paper of the Village, and the proceeds of such sale may be used to pay for
the costs and expenses of the Village in the removal and or storage of the
boat.
B.
Removal, seizure and costs. Fifteen days after the notification
of seizure required in this section, or in a sooner time in an emergency or
for good cause, and in the event of the owner or last known owner not having
taken any action as demanded by the Village, the Village of Poquott may remove
and or seize the abandoned or not permitted boat and move it to another location,
or discard the boat if the Village deems that to be in the best interests
of the Village.
C.
Sale. The Village of Poquott may, on 15 days public posted
notice and after a coinciding 15 days written notice by registered mail to
the owner or last known owner, if any is known, sell the abandoned or not
permitted boat at a public auction.
D.
Costs of Village, proceeds.
(1)
The owner of any abandoned or not permitted boat shall
be liable to the Village of Poquott for any costs incurred by the Village
in the removal and or storage of any such boat, and those costs may be either
assessed against the owner or last known owner, or recovered by the Village
from the proceeds of a sale as provided in this article.
(2)
The proceeds of a sale in addition to the recovery of
the costs of the Village and any fines and penalties that were assessed by
the Village shall be retained by the Village in a separate account for one
year, after which if not claimed, on further 10 days written notice to the
owner or last known owner, if known, shall become the property of the Village
and paid to the Village general fund.
A.
A violation of this article or any section of it may
result in a fine of up to $250 per offense, and each and every day that the
violation shall be outstanding shall be deemed a separate violation and offense,
and subject to an additional fine and penalty.
B.
The Village shall not be limited to the imposition of
fines or penalties and the other action provided for in this article, and
may take any other action permitted by law to obtain compliance with the provisions
of this article.
