[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:
Includes every description of watercraft or other contrivance capable
of being used as a means of transportation in the water.
Police, Sheriff, Constable, Harbor Master, or any police or peace
officer as that term is defined in the New York State Criminal Procedures
Law.
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.
That portion of the Esopus Creek above Cantine's Dam and bordered
by the Village of Saugerties.
A.
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.
B.
No vessel shall be permanently moored or anchored to
a buoy or anchor:
(1)
Within the one-hundred-fifty-foot navigation channel
of the Lower Esopus Creek; or
(2)
So that it at any time rests within the lines of any
channel; or
(3)
Within 50 feet of any channel marker or so as to interfere
with the full use of the channel; or
(4)
Within 100 feet of any municipal dock or other marine
facility.
C.
Vessels anchoring overnight shall display an anchor light
between sunset and sunrise.
D.
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.
E.
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.
A.
No person shall place, deposit, dump or discharge any
vessel wastes into the Esopus Creek or other Saugerties waters.
B.
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.
C.
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.
A.
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.
B.
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.
