[HISTORY: Adopted by the Board of Trustees of the Village of Saugerties 8-19-1991 by L.L. No. 3-1991. Amendments noted where applicable.]
The purpose of this chapter is to regulate the speed, operation, anchoring and use of vessels and watercraft upon waters within or bounding the Village of Saugerties to a distance of up to 1,500 feet from shore, and is adopted pursuant to § 46-a of the State Navigation Law. This chapter shall be known as the "Saugerties Watercraft Management Law."
This chapter shall, except when prohibited by the laws of the United States, apply to all waters and waterways within the jurisdiction of the Village of Saugerties, including, but not limited to, the Lower Esopus Creek, the Upper Esopus Creek and the Hudson River bordering Village shores in accordance with § 46-a of the New York State Navigation Law.
As used in this chapter, the following terms shall have the meanings indicated:
- BOAT or VESSEL
- Includes every description of watercraft or other contrivance capable of being used as a means of transportation in the water.
- ENFORCING AUTHORITY
- Police, Sheriff, Constable, Harbor Master, or any police or peace officer as that term is defined in the New York State Criminal Procedures Law.
- LOWER ESOPUS CREEK
- That portion of the Esopus Creek between Cantine's Dam and the Hudson River.
- Includes seasonal mooring or mooring for any period in excess of two weeks in total season.
- The boating season is April through October.
- UPPER ESOPUS CREEK
- That portion of the Esopus Creek above Cantine's Dam and bordered by the Village of Saugerties.
Except for docks, wharfs, floats or mooring permitted under Chapter 210, Zoning, a navigation channel measuring a minimum width of 150 feet on the Lower Esopus Creek, or the width of the creek, whichever is lesser, must be left unobstructed for purposes of navigation.
No vessel shall be permanently moored or anchored to a buoy or anchor:
Within the one-hundred-fifty-foot navigation channel of the Lower Esopus Creek; or
So that it at any time rests within the lines of any channel; or
Within 50 feet of any channel marker or so as to interfere with the full use of the channel; or
Within 100 feet of any municipal dock or other marine facility.
Vessels anchoring overnight shall display an anchor light between sunset and sunrise.
Boats shall not moor or anchor so as to endanger the safety of or cause damage to any boat previously anchored or moored, nor so as to interfere with the mooring of any boat or mooring previously laid down. Any boats so moored or anchored shall be removed by the owner or person in charge thereof on order of the enforcing authorities.
If said boat is not removed after orders to so remove it, it may be removed by or at the direction of the enforcing authorities at the expense of the owner or person in charge of said vessel, and such expense may be recovered by civil suit.
No person shall place, deposit, dump or discharge any vessel wastes into the Esopus Creek or other Saugerties waters.
No person shall dump, throw, discharge or release any wastes, garbage or refuse, liquid or solid, from any vessels. Such wastes shall be properly disposed of in the appropriate facilities on shore.
No person shall discharge oil, spirits, waste, flammable liquids, vessel cleaning wastes or oily bilges into the Esopus Creek or other Saugerties waters.
All applicable Rules of the Road and New York State Navigation Laws apply to all vessels in the Esopus Creek. In addition, no person shall operate any vessel at a speed in excess of five miles per hour in the Esopus Creek; nor shall any person operate any vessel so as to cause a wake which disturbs the reasonable comfort of another or endangers the property or well being of another person. Any damage cause by a boat owner's wake is his/her responsibility.
No boat or vessel shall cruise or be power operated within 100 feet of any lifelines or bathing float, nor shall it be power operated within 100 feet of any public or private beach or designated area used for bathing or swimming.
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 to frighten or endanger any waterfowl, including but not limited to swans or ducks, or cause a dangerous wake when approaching or passing another boat.
No person shall operate any vessel to tow a water skier, surfboard or similar devices within the Village of Saugerties.
No person shall use the Village boat ramp on the Upper Esopus Creek except by permit issued by the Village Clerk and upon payment of the application fee which shall be determined from time to time by resolution of the Village Board of Trustees.
The permit will authorize use only between the hours of 1/2 hour before sunrise through 1/2 hour after sunset and only between April 1 through October 30, inclusive.
Any person, firm, association or corporation violating any of the provisions of this chapter shall be guilty of an offense punishable by fine or imprisonment, or both. However, for the purpose of confirming jurisdiction upon courts and judicial officers, such violations shall be deemed to be a misdemeanor, and for such purposes only all provisions of law relating to misdemeanors shall apply to such violations. 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 less than $50 nor more than a $1,000 or imprisonment not exceeding 15 days, or both for the first such violation and in a sum not less than $100 nor more than a $1,000 or imprisonment not exceeding 15 days, or both for any subsequent violation. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.