[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point as indicated in article histories. Other
amendments noted where applicable.]
[Adopted 3-20-1928 by Ord. No. 12; amended
in its entirety 3-23-2021 by L.L.
No. 2-2021]
A.Â
Any person violating the provisions of this article or any part thereof
shall be liable for and forfeit and pay a fine not less than $500
and no more than $2,500.
B.Â
Any violation of this article or any part thereof shall constitute
disorderly conduct, and the person violating the same shall be and
hereby is declared a disorderly person.
[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:
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.
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.
Main channels, cross channels connecting with them, basins
and bathing areas.
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.
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.
All human body wastes.
The speed of a boat as measured in slack water in statute
miles.
A.Â
Except as provided in Subsection B, or by a mooring permit issued by the Village Clerk to a resident of the Village, boats or vessels shall not moor or anchor in waters under the Village's jurisdiction.
B.Â
In the following circumstances, boats and vessels are permitted to
moor or anchor in waters under the Village's jurisdiction:
(1)Â
In the case of an emergency arising out of the perils of the sea.
(2)Â
In the case of disablement.
(3)Â
When moored on a mooring assigned to that particular boat or vessel
by the Coast Guard.
(4)Â
When anchored for the purpose of taking shellfish pursuant to a permit
issued by the unit of government having title to the bed of the waters
where the boat is anchored, provided that the boat or vessel shall
be anchored not less than 100 feet from the shore measured from the
mean high-water mark.
(5)Â
When the owner of a boat or vessel has a mooring permit issued pursuant to Subsection A, and such boat or vessel is moored or anchored not less than 750 feet from the shorefront measured from the mean high-water mark in the following areas:
(a)Â
The area within 750 feet of the tip of the point known as "Barkers
Point," measured along the shore and extending into the waters along
a line at right angles to the shore at the ends of the area on the
shore.
(b)Â
The area within 750 feet of the spindle at the tip of the point
known as "Sands Point," measured along the shore and extending into
the waters along a line at right angles to the shore at the ends of
the area on the shore.
(c)Â
The area within 750 feet of the tip of the point known as "Prospect
Point," measured along the shore and extending into the waters along
a line at right angles to the shore at the ends of the area on the
shore.
(6)Â
In an area or areas in which the Board of Trustees, by resolution,
from time to time may find it unnecessary to control water pollution
from human waste or shall allow the mooring or anchoring of boats.
(a)Â
When anchored on a temporary visit to a dwelling located on
the shorefront, with permission of the owner to visit the dwelling,
and anchored in front of the land upon which the dwelling is located.
C.Â
Boats or vessels shall not moor or anchor so as to endanger the safety
of or cause damage to any boat or vessel previously anchored or moored,
nor so as to interfere with the mooring of any boat previously laid
down. Any boats or vessels so moored or anchored shall be removed
by the owner or person in charge thereof on order of the Board of
Trustees or other duly authorized officer or agent thereof. If said
boat is not removed after 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.
D.Â
No vessel or boat shall be moored on any waterway within the Village
or within the jurisdiction of the Village so that such vessel or boat
or any part or projection thereof extends into the waterway more than
1/4 of the width of such waterway as measured between the mean low-water
lines along the waterway at the point or place that such vessel or
boat is moored. This subsection shall apply only to such points or
places along the waterways within the Village or within the jurisdiction
of the Village where the waterway is less than 100 feet in width as
measured from the mean high-water line at the point or place to the
closest point or place along the mean high-water line of the opposite
bank, shore or bulkhead.
E.Â
Boats equipped with a marine toilet shall not moor or anchor within
300 yards of the shore measured from the mean high-water mark in a
designated federal anchorage area unless the marine toilet shall be
equipped with a U.S. Coast Guard Certified Marine Sanitation Device.
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.
A.Â
No boat or vessel shall be landed or shall be tied up or made fast
on or to any property of the Village. The Board of Trustees or any
duly authorized officer or agent may cause any boat landed, tied up
or made fast to any Village property to be removed at the expense
of the owner or person in charge of such boat.
B.Â
No boat or vessel shall be landed or shall be tied up or made fast
on or to any private property without the written permission of the
owner of such property. Failure of a person to produce such written
permission on demand shall constitute presumptive evidence that such
person has not obtained such permission.
C.Â
No boat or vessel shall be landed or shall be tied up or made fast
on or to the bed of any waterway between low-water line and mean high-water
line. This subsection shall not apply to the owner of the abutting
land above mean high-water mark.
A.Â
Every person operating a boat shall at all times operate the same
in a careful and prudent manner and at such rate of speed as not to
disturb the reasonable comfort or endanger the property of another
or the life or limb of any person or to interfere with the free and
proper use of water of a channel.
B.Â
Neither the owner of any boat or vessel, nor any person onboard any
boat or vessel, shall use or permit to be used an air horn, any noise-producing
or noise-amplifying device, or engage in any activity that creates
noise, or cause any noise, whether or not by mechanical device or
by activities occurring on a boat or vessel in a manner that:
(1)Â
Endangers the safety or health of any person;
(2)Â
Endangers personal or real property;
(3)Â
Disturbs the reasonable quiet, comfort or repose of occupants of
adjacent vessels or persons at adjacent shorefront residences or on
the public shorefront;
(4)Â
Disturbs a reasonable person of normal sensitivities within the jurisdiction
of the Village of Sands Point;
C.Â
Neither the owner of any boat or vessel nor any person onboard any
boat or vessel shall use, or permit to be used, any radio or television,
loudspeaker, sound amplifier, musical instrument, phonograph or other
machine or device for the producing or reproducing of sound while
such boat or vessel is travelling through, moored, or anchored in
Village waters that is audible at the shorefront. The operation of
any radio or television, loudspeaker, sound amplifier, musical instrument,
phonograph or other machine or device for the producing or reproducing
of sound while such boat or vessel is traveling through, moored, or
anchored in Village waters so as to be audible on the adjacent shorefront
shall be prima facie evidence of a violation of this section.
A.Â
It shall be unlawful to operate a boat or vessel at a speed greater
than five miles per hour or at a speed which generates a wake.
B.Â
Every person operating a boat or vessel shall at all times operate
the same in a careful and prudent manner and at such a rate of speed
as to not disturb the reasonable comfort of the occupants of other
boats or vessels or endanger the property of another or so as to interfere
with the free and proper use of the waters.
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.
