[HISTORY: Adopted by the Board of Trustees of the Village of Lattingtown (Art. 24 of the 1998 General Ordinance Compilation). Amendments noted where applicable.]
The following regulations are necessary in order to protect and secure navigation, bathing, fishing and other recreational uses, and the natural beauty and healthful, safe, full and proper enjoyment of the waters and ecological resources bounding the Village by the inhabitants of the Village and the community, to secure safety from flood, fire, panic, explosions and other dangers, to protect the inhabitants of the Village from unreasonable odors, smoke, vapor, gas, dust, pollution, garbage, effluents, noise and vibrations, to promote and protect the good order, peace, health, safety, morals and general welfare of the inhabitants of the Village and the community, and to protect and secure the property of the same.
Except when prohibited by reason of laws of the United States or where otherwise expressly provided herein, the following provisions of this chapter shall apply:
As used in this chapter, the following terms shall have the meanings indicated:
- ANCHOR or ANCHORING
- The attachment of, or to attach, a vessel to the ground by means of tackle so designed that, when such attachment is terminated, the tackle in its entirety is removed from the ground and taken under the control of the vessel.
- A public or privately owned structure approved by the US Army Corps of Engineers, extending from the shoreline into a body of water used for the purpose of mooring vessels and the receiving and discharging of passengers from vessels.
- MOOR or MOORING (when used as a verb)
- The attachment of, or to attach, a vessel to a pier or dock or other structure; or the attachment of, or to attach, a vessel to the ground by means of tackle so designed that, when such attachment is terminated, some portion of the tackle remains attached to the ground and is not taken under the control of the vessel.
- The person under whose name the vessel was last registered in accordance with the provisions of the Federal Boating Act of 1958 or the laws of the State of New York, if requiring registration, and in any other case the last known owner, or the person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitled him to such possession.
- SKIN DIVING
- Any person using any underwater breathing apparatus similar in function to an "Aqua Lung," but shall not include bona fide salvage operations displaying proper signals.
No vessel shall anchor or moor in such a manner as to obstruct or render hazardous access to or from a dock except when such vessel is compelled so to anchor or moor as a result of a temporary disability or emergency arising out of the perils of the sea and then only during such period of emergency or disability.
No person shall moor any vessel at a mooring detached from and within 750 feet of the shore in such a manner as to obstruct or render hazardous access to or from a dock unless:
Such vessel is compelled so to moor owing to temporary disability and then only during the period of its temporary disability; or
Such vessel is compelled so to moor temporarily owing to an emergency arising out of the perils of the sea and then only during such period of emergency; or
Such vessel is moored at a mooring the location of which either is approved specifically by the Board of Trustees or is on a mooring plan approved by the Board of Trustees.
All floats shall be anchored or moored in such a way as to be secure at all times and under all conditions.
Sanitation. No person shall cast, deposit, dump, discharge, or place, or cause or suffer to be cast, deposited, dumped, discharged or placed, any oil, garbage, or refuse matter of any kind into any waters or on any beach below the high watermark.
Hazards to navigation. Any vessel (including for the purposes of this section a vessel propelled solely by hand) or any other object, which becomes a menace to navigation, or unseaworthy or sinks, grounds or becomes otherwise disabled, shall be removed by the owner or person in charge thereof on order of any enforcing officer described in § 302-8 of this chapter. If said vessel or other object is not removed after an order so to remove it, it may be removed by or at the direction of such enforcing officer at the expense of the owner, or person in charge of said vessel to be enforced by civil suit, such expense to be in addition to such penalties as may be prescribed or imposed under the Code of the Village of Lattingtown or the laws of the State of New York.
No person shall operate or drive any vessel (except vessels being exclusively propelled by wind and sail) at a greater speed than five miles per hour when within 100 feet of the shore.
No person shall operate or drive any vessel propelled other than by hand within 100 feet of any life lines or bathing float.
Every person operating or driving a vessel and every person riding water skis, a surfboard or similar device shall at all times operate the same in a manner (including, without limitation, the throwing of its wake) so as not to disturb or endanger the property of another or the life or limb of any persons, or so as to interfere with the free and proper use of the water by others.
No person shall operate or drive any vessel while in an intoxicated condition or while impaired by being under the influence of drugs.
No person shall operate or drive a vessel propelled wholly, or partly, by an engine operated by gas, gasoline, naphtha, diesel oil or other substance without having the exhaust from the engine run through a muffler or so controlled by the introduction of water into the exhaust pipe or line as to muffle the noise of exhaust in a reasonable manner.
No person shall operate, drive, moor or anchor any dredge or any vessel in connection with, or in the pursuit of, any business operated for profit (except as otherwise may be specifically permitted by Chapter 315, Zoning, of the Code of the Village of Lattingtown, and except those vessels and persons engaged in the cultivation or harvesting of shellfish) within the waters to which this chapter is applicable without having first obtained a written permit from the Board of Trustees.
Upon receipt of any such application the Board of Trustees may in its discretion call a hearing open to the public for the consideration thereof and may at such hearing take such testimony and receive such exhibits from such witnesses as it may deem necessary or advisable to assist in its determination with respect to the application.
The Board of Trustees may grant such a permit, permanently or temporarily, if it finds affirmatively that the proposed operation and business protect and secure the inhabitants of the Village and the community from unreasonable odors, smoke, vapor, gas, dust, noise and vibrations; that they protect and secure the property of the Village and its inhabitants from damage and injury; that they are consistent with and protect the good order, peace, health, safety, morals and general welfare of the inhabitants of the Village and the community; that they do not create problems relating to obstructions to navigation, and that they do not spoil or threaten to spoil the natural beauty and healthful, safe, full and proper enjoyment of the waters by the inhabitants of the Village and the community. If the Board of Trustees shall determine to grant such permit, it shall state therein such restrictions and conditions (including, without limitation, time limits and duration of the stay when a vessel is used or occupied as living or sleeping quarters and other limits and restrictions as to hours, days, months, extent and area of operation) as it may deem necessary to protect and secure all of the same.
No vessel propelled by a motor-driven device shall be permitted to navigate on Frost Creek east of the bridge located at the northerly terminus of Frost Creek Drive.
Aquatic events. Anything herein contained to the contrary notwithstanding, the Board of Trustees may in its discretion issue special permits for aquatic events, boat races or other similar events under proper supervision in limited areas for limited periods, after prior approval by the United States Coast Guard.
No skin diving shall be undertaken in any waters where the same may interfere with reasonable and proper operation of vessels.
No person shall engage in skin diving without a person of at least 16 years of age other than the skin diver in a position as lookout.
No person shall use, operate or discharge under water any spear, spear gun or similar weapon or apparatus within 200 feet of any beach used for bathing or swimming, or within 100 feet of any bather or swimmer.
Water skis and surfboards.
No person shall operate a vessel for towing a person on water skis, a surfboard or similar device unless there is in such vessel a person other than the operator who is a) at least 10 years old, or b) has been awarded a boat safety certificate by the State of New York, in a position to observe the progress of the person being towed.
No person shall ride on water skis, a surfboard or similar device or use or operate a vessel to tow a person thereon between the period from sunset to one hour after sunrise.
Enforcement officers. Any member of the Board of Trustees, any duly authorized officer or agent of the Board of Trustees, any police officer or bay constable of the Police Department, and any member of the Marine Division of the Nassau County Police Department (each of whom is hereinafter referred to as "such enforcing officer"), is hereby empowered to enforce the provisions of this chapter.
Authority of enforcement officers.
Every person in charge of or who owns, charters or is operating a vessel shall at all times obey the lawful orders of any such enforcing officer. For the purposes of this subsection, "vessel" shall include a vessel propelled solely by hand.
Any vessel or float anchored, or moored, or attached to another vessel, in violation of any part of this chapter shall be removed, or detached, as the case may be, by the owner, charterer or person in charge thereof on order of any such enforcing officer. If any such vessel or float is not removed after an order so to remove it, the same may be removed by or at the expense of the owner, charterer or person in charge of said vessel or float to be enforced by civil suit, such expense to be in addition to such penalties as may be prescribed by or imposed under the Code of the Village of Lattingtown or the laws of the State of New York.
Any such enforcing officer shall have the right to stop any vessel, to board, enter upon and inspect any vessel for any of the following purposes: