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Town of Thompson, NY
Sullivan County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Thompson 5-7-1996 by L.L. No. 4-1996 (Ch. 103 of the 2003 Code). Amendments noted where applicable.]
As used in this chapter, the following terms have the definitions hereinafter given them:
PERSONAL WATERCRAFT
Any motorized craft, sat or stood upon, such as Jet Skis®, WaveRunners® and Sea-Doos®, with the capability to transport one or more individuals across water at a high rate of speed.
PUBLIC WATERWAYS
Any body of water, including but not limited to lakes, ponds, streams, rivers or brooks, which shall be wholly located within the boundaries of or adjoin the Town of Thompson.
WATERSKIING
Anything with a rider (water skis, surfboards, knee boards, wake boards, discs, tubes or hydrofoils) being towed behind a powered vessel by means of a tow rope or towline, except another vessel.
A. 
Waterskiing.
(1) 
All operators of power vessels towing ski or aquaplane riders must:
(a) 
Keep at least 100 feet from shore, pier, bridge structure, abutment, other vessels or other persons in the water.
(b) 
Have an observer at least 10 years of age on board (mirrors not accepted).
(c) 
Have a towline not exceeding 75 feet in length.
(2) 
No waterskiing or aquaplaning shall be permitted after sunset or before sunrise or during times of restricted visibility.
(3) 
All skiers shall wear a United States Coast Guard approved Type I, II, III or V Hybrid Personal Flotation Device.
B. 
Personal watercraft.
(1) 
All operators of personal watercraft shall:
(a) 
Not operate said apparatus in such a manner so as to become airborne or completely leave the water while crossing the wake of another vessel (wake-jumping).
(b) 
Not operate at a speed which is unreasonable or unsafe nor in a manner which is unreasonable or unsafe (at all times reasonable and prudent) nor in a manner which is unreasonable or hazardous to public safety with due regard to visibility, traffic density, state of wind, water and current, proximity of other craft, operators and water users and proximity of navigational hazards.
(c) 
Not tow any water-skier, raft or other nonmotorized vehicle, unless the personal watercraft accommodates an observer/spotter to be on board and one is present.
(d) 
Except when leaving or arriving at a docking area or pier, keep at least 100 feet from any marina, bridge, structure, dock, raft, float or other vessels; however, personal watercraft may travel together in a safe and reasonable fashion.
(e) 
Keep at least 300 feet from swimmers or public and private beaches.
(f) 
On leaving or arriving at a marina, private dock or shoreline, within 100 feet thereof, operate the personal watercraft at a speed no greater than five miles per hour, without creating a wake, in a line which is perpendicular to the destination when arriving and from the point of departure when leaving.
(2) 
No personal watercraft operation shall be allowed after sunset or before sunrise or during times of restricted visibility.
(3) 
All operators of personal watercraft shall wear a United States Coast Guard approved Type I, II, III or V Hybrid Personal Flotation Device.
(4) 
Each personal watercraft must be operated in the manner for which it was designed.
C. 
Operation of any watercraft. No person shall operate or permit another to operate:
(1) 
Any watercraft while under the influence of an intoxicating liquor, a narcotic, hallucinogenic or habit-producing drug or with a blood alcohol concentration exceeding state motor vehicle law standards.
(2) 
Any watercraft at a speed so that it cannot take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions.
(3) 
Any watercraft transporting or containing on board any narcotic, hallucinogenic or illegal drug.
No person shall operate any boat or personal watercraft propelled by an engine burning any fuel used in an internal-combustion engine upon waters within or bounding the Town of Thompson without having the exhaust of said engine or motor muffled by a muffler system designed by its manufacturer or its equivalent.
No person shall launch, beach or moor any boat within or bounding the Town of Thompson, except at such place or places as may have been designated for those purposes.
A. 
All personal watercraft owned by personal watercraft rental businesses shall be marked by the owner thereof with an easily visible number or color, as directed by the Town of Thompson, which marking shall identify the owner of the rental business which owns such personal watercraft.
B. 
No personal watercraft shall be rented to a person who is less than 16 years of age unless such would-be renter is accompanied by a parent or legal guardian. The owner of such rental business shall obtain identification from the would-be renter in the form of a driver's license or other alternate form of identification containing the name and address of the would-be renter. The license or alternate form of identification shall be held as a deposit by the owner of the rental business until the return of the personal watercraft to the owner. Each owner of such rental business shall maintain a daily log of all rentals made by the rental business.
C. 
Personal watercraft shall not be rented between the hours of 7:00 p.m. and 10:00 a.m.
D. 
The owner of each rental business shall instruct his renters in the safe, prudent and legal operation of the personal watercraft and the manner in which it is to be operated in accordance with manufacturer's instructions and design. Failure to so instruct each renter of said requirements shall subject the owner of a rental business failing to instruct such renter to a violation of this chapter.
E. 
Each rental business owner shall have a patrol boat available at all times.
F. 
The owner of each rental business shall obtain the signed consent of the parent or legal guardian of any operator of the age of 16 or 17 which assumes responsibility for the conduct of such operator in the use of the personal watercraft.
In the interests of the public health, the prevention of disease, the elimination of pollution and the exclusion of contamination of the water and in order to protect and safeguard the sanitation of bathing as well as the general health of the citizens, residents and visitors of the Town of Thompson, no person shall dump or discard garbage, food, waste, offal or any other waste, refuse or sewage materials into any of said waters.[1]
[1]
Editor's Note: See also § 151-7, Fountains, lakes or streams, of Ch. 151, Littering.
The Town Board of the Town of Thompson reserves the right to adopt rules and regulations governing the operation of waterways within the Town as may be deemed necessary from time to time.[1]
[1]
Editor's Note: Original § 28-8, Penalties for offenses, of the 1981 Code, which immediately followed this section, was repealed 10-21-2003 by L.L. No. 7-2003. See now Ch. 1, Art. II, General Penalty.