[Adopted 3-20-1928 by Ord. No. 12; amended
in its entirety 3-23-2021 by L.L.
No. 2-2021]
The landing within the Village of Sands Point of any boat or vessel, or passengers therefrom, except in an emergency pursuant to §
49-9B, or of any boat or vessel regularly carrying passengers, freight, or both, except in an emergency pursuant to §
49-9B, is hereby prohibited.
[Adopted 5-19-1959 by Ord. No. 30; amended
in its entirety 3-23-2021 by L.L.
No. 2-2021]
This article shall be known and may be cited as the "Regulation
of Boating and Waterways Law of the Village of Sands Point."
It is hereby declared and found that activities on boats and
vessels in waterways under the Village's jurisdiction that disturb
the use and enjoyment of public spaces and private shorefront properties
in the Village, including, but not limited to, the use, speed, and
operation of boats and vessels, as well as the activities therein,
and the moving, mooring, and anchoring of boats and vessels, are matters
that affect the public health, safety, and welfare that require regulation
and control to safeguard the public.
The following rules, regulations, and restrictions shall apply
to all waters and waterways which are subject to the jurisdiction
of the Village of Sands Point and to all beaches which are subject
to the jurisdiction of the Village of Sands Point except when prohibited
by the laws of the United States.
All provisions of the Navigation Law 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 United States
inland waters applicable to the channel systems, relative to the rules
for vessels passing each other, as to lights on vessels and other
matters consistent with the proper use of the channel systems, shall
be complied with by all vessels navigating said systems.
As used in this article, the following terms shall have the
meanings indicated:
Anchor Or Anchoring
The attachment of, or to attach a boat or vessel to, the
ground by means of a tackle or anchor, designed so that when such
attachment is terminated, the tackle or anchor in its entirety is
removed from the ground and taken under control of the vessel.
Boat Or Vessel
Includes every description of watercraft or other contrivance
used or capable of being used as a means of transportation on water,
whether self-propelled or otherwise, and includes, but is not limited
to, excursion boats, watercraft, barges, tugs, jet skis, sailboats,
motorboats, and tankers, and shall include any aircraft capable and
designed to land on the water.
Moor Or Mooring
The attachment of a vessel to a pier or dock, or other structure,
or the attachment of a vessel to the ground by means of a tackle or
anchor so designed that when such attachment is removed and terminated,
some portion of the tackle or anchor remains attached to the ground
and is not taken under the control of the vessel.
Owner
Includes the person under whose name the vessel was last
registered with the United States Coast Guard or the New York State
Department of Motor Vehicles or under the laws of another state, and
in any 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 entitles them to such possession.
Speed
The speed of a boat as measured in slack water in statute
miles.
Any boat or vessel which becomes a menace to navigation or unseaworthy
or which sinks, grounds or becomes otherwise disabled shall be removed
by the owner or person in charge thereof on order of the Board of
Trustees or any duly authorized officer or agent thereof. If said
boat is not removed after an order is given to so remove it, it may
be removed by or at the direction of the Board of Trustees or any
duly authorized officer or agent thereof, at the expense of the owner
or person in charge of said vessel.
Waterskiing, aquaplaning, or similar activities are hereby prohibited.
The racing of power-driven boats of any type
is prohibited unless written permission shall have been received from
the Board of Trustees. The application therefor shall state the time
and place of the proposed race or races, the type of boat participating
therein, the course and the type and kind of race to be conducted.
The Police Department of the County of Nassau, the Harbor Patrol
of the Town of North Hempstead, the Police Department of Sands Point,
or any other state or local law enforcement agency directed or designated
by the Police Department of Sands Point are hereby empowered to enforce
the provisions of this article, and every person in charge of the
vessel navigating or using the waterways of the Village of Sands Point
and the waterways within 1,500 feet of the shore of the Village of
Sands Point shall at all times obey the lawful orders of such police
authorities. Such patrolmen shall have the right to stop any vessel
navigating or using the waterways of the Village of Sands Point and
the waterways within 1,500 feet of the shoreline of the Village of
Sands Point for the purpose of enforcing this article.
Any person who violates any provision of this
article shall be a disorderly person and shall be guilty of disorderly
conduct and shall, upon conviction, be subject to a fine of not to
exceed $250.