This chapter shall be known as the "Local Law for Jointly Governing
the Waterways within the jurisdiction of the Town of Smithtown and the Incorporated
Villages of Nissequogue and Head-of-the-Harbor."
This chapter shall, except when prohibited by the laws of the United
States, apply to all water and waterways within the jurisdiction of the Town
of Smithtown, including all inland lakes and millponds, and shall apply to
waterways within the jurisdictional limits of any incorporated village within
the boundaries of the Town of Smithtown upon the adoption of a local law of
substantially like purport by any such incorporated village in accordance
within the provisions and requirements of the Village Law of the State of
New York.
As used in this chapter, the following terms shall have the meanings
indicated:
BOAT OR VESSEL
Includes every description of watercraft or other contrivance used
or capable of being used as a means of transportation in the water.
ENFORCING AUTHORITIES
In this chapter or any similar local law duly adopted by any incorporated
village within the boundaries of the Town of Smithtown, employees of the Town
of Smithtown, County of Suffolk or other cooperating municipality, as the
case may be, or duly deputized by the Sheriff of Suffolk County and empowered
to exercise all the authority provided for in § 654 of the County
Law of the State of New York.
MOTORBOAT
Any vessel propelled in water, in whole or in part, by an engine
or motor, whether inboard or outboard.
[Added 1-14-1989 by L.L. No. 12-1989]
OWNER OR OPERATOR
Any person or persons, including an individual, firm, corporation,
association or a partnership, owning, operating, chartering or renting a motorboat.
All boats or vessels shall be moored in such a way as to be secure at
all times and under all conditions, and such anchoring or mooring shall be
subject to the supervision of the enforcing authorities.
No boat or vessel shall cruise or be operated within two hundred (200)
feet of any lifelines or bathing float, nor shall it be operated within three
hundred (300) feet of any public or private beach or area used for bathing
or swimming.
[Amended 1-14-1989 by L.L. No. 12-1989]
A. No boat or vessel shall be operated in Stony Brook Harbor
or the Nissequogue River at a speed in excess of five (5) miles per hour.
B. Every person convicted of violating this section shall,
for a first conviction thereof, be punished by a fine of not more than one
hundred dollars ($100.) or by imprisonment for not more than fifteen (15)
days, or by both such fine and imprisonment; for a conviction of a second
violation, both of which were committed within a period of six (6) months,
such person shall be punished by a fine of not more than two hundred fifty
dollars ($250.) or by imprisonment for not more than thirty (30) days, or
by both such fine and imprisonment; and upon a conviction of a third or subsequent
violation, all of which were committed within a period of six (6) months,
such person shall be punished by a fine of not more than five hundred dollars
($500.) or by imprisonment for not more than sixty (60) days, or by both such
fine and imprisonment.
Nothing herein contained shall prohibit a municipality having the marine
jurisdiction thereover from designating, by resolution duly adopted, special
waterskiing areas or from issuing permits for aquatic events, boat races or
otherwise under proper supervision in limited areas for limited periods of
time, provided that prior permission for the aforesaid is obtained from the
United States Coast Guard and governing municipalities.
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 cause or frighten or endanger any seabirds, including but not limited
to swans, or cause a dangerous wake when approaching or passing another boat.
The dumping of oil refuse and sewerage or garbage and waste is prohibited
in areas covered by this chapter.
Floats shall be moored in such a way as to be reasonably secure at all
times and under all conditions and anchored and moored subject to the supervision
of the enforcing authority.
[Added 1-14-1989 by L.L. No. 12-1989]
The Suffolk County Police Department, Town Harbormaster, Bay Constables
of the Town Department of Environment and Waterways and the Village Police
Department are hereby empowered to enforce the provisions of this chapter.
Every person operating or in charge of a boat navigating or using Stony Brook
Harbor shall obey the lawful orders of such officers, and such officers may
stop a boat for the purpose of enforcing this chapter.
[Amended 1-14-1989 by L.L. No. 12-1989]
A. Any person, firm, association or corporation violating any of the provisions of this chapter (except for violations of §
161-9, for which separate penalties are stated within that section) shall be guilty of an offense punishable by fine or imprisonment, or both. For the purpose of conferring jurisdiction upon courts and judicial officers, such violations shall be deemed to be misdemeanors and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations.
B. Notwithstanding the foregoing, any person,
firm, association or corporation violating any provisions of this chapter
shall be subject to a penalty in a sum not exceeding fifty dollars ($50.)
for the first such violation and a sum not exceeding one hundred dollars ($100.)
for any subsequent violation, said penalties to be recoverable as damages
in a civil action brought in the name of this village.