[Adopted 3-28-1960 by Ord. No. 9.2 (Ch. 91, Art. II, of the 1968 Code)]
The regulations established by this article
shall apply to all navigable waters located within the boundary lines
of the Village, except when the provisions thereof are in conflict
with the laws or ordinances of the United States, the State of New
York or any political division or administrative authority thereof
having jurisdiction thereover.
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 rule for vessels passing each other and other matters
consistent with the proper use of the channel systems, shall be complied
with by all boats using the navigable waters within the boundary lines
of the Village.
As used in this article, the following terms
shall have the meanings indicated:
Includes every description of watercraft or other contrivance
used on or capable of being used as a means of transportation in water.
Includes any vessel or craft designed or, in fact, used or
occupied as a permanent dwelling unit, containing sleeping and dwelling
quarters and toilet facilities, or as a business office or source
of any occupation, or as a private or social club of whatsoever nature,
including but not limited to a structure constructed upon a barge
primarily immobile and out of navigation or which functions substantially
as a land structure, whether or not such vessel or craft is self-propelled
and whether or not it is permanently anchored or secured to the shore,
bulkhead or bottom of any navigable waterway or inland waters within
the boundaries of the Village of Patchogue.
[Added 5-14-2012 by L.L. No. 1-2012]
A dock or base, which is operated for profit or to which
public patronage is invited, providing moorings, dockage or other
marine services primarily for power- and sailing boats, yachts, launches
or other watercraft, other than houseboats, and which may also be
capable of removing any and all vessels and crafts moored within the
marina for repair or storage or as a result of emergency conditions.
[Added 5-14-2012 by L.L. No. 1-2012]
Includes any vessel propelled in whole or in part by an engine
or motor, whether inboard or outboard.
A.
No boat shall be moored or anchored except at the
edge of a channel and in no case closer than 50 feet to channel markers
or so as to interfere with the full use of the channel by others.
B.
No vessel shall be tied up or made fast to any public
dock or to other property of the Village. In addition to the penalties
provided for a violation of this chapter, the Board of Trustees, or
any duly authorized officer or agent thereof, may cause any vessel
tied up or made fast to any public dock or other Village property
to be removed at the expense of the owner or person in charge of such
vessel.
[Amended 10-13-1981 by L.L. No. 19-1981]
C.
Any vessel which becomes a menace to navigation or
unseaworthy or sinks, grounds or becomes otherwise disabled shall
be removed by the owner of the boat or the owner of the property or
marina upon which the boat is sunk or disabled, upon order of the
Board of Trustees or any duly authorized officer or agent thereof.
Failure to comply with such order within 48 hours of its service,
in person or by certified mail, to the property owner's or boat owner's
last known address shall constitute a violation of this article, and
any vessel 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 of the boat or the owner of the marina or property where
said vessel is located.
[Amended 7-11-1983 by L.L. No. 19-1983]
D.
No person shall operate or permit the operation of
any engine, motor or other mechanism capable of sound on any vessel
moored or anchored, except for the purpose of getting underway, at
night between the hours of 10:00 p.m. and 7:00 a.m.
E.
No houseboat
shall be used, occupied or anchored within the waterways described
in this chapter, or secured to any dock or shore within the boundaries
of the Village of Patchogue.
[Added 5-14-2012 by L.L. No. 1-2012]
A.
Every person operating a boat shall at all times operate
it in a careful and prudent manner and at such rate of speed as not
to disturb the reasonable comfort or endanger the property or the
life and limb of others, or in such manner as to interfere with the
free and proper use by others of the navigable waters within the Village.
Throwing up a dangerous wake when approaching another boat shall be
considered a violation of this article.
B.
No person shall operate a boat at a speed in excess
of four miles per hour in the navigable waters of the Village.
C.
No person shall operate a motorboat without having
the exhaust of the engine run through a muffler so constructed and
used as to muffle the noise of the exhaust in a reasonable manner.
D.
No person shall operate a boat within 600 feet of
any municipal bathing beach.
E.
The foregoing provisions of this section shall be
held inapplicable in such waters as may be from time to time set aside
for the conduct of boat races or similar events held under the auspices
of a recognized bona fide civic or yachting club, group or association
when a permit therefor has been granted by the Board of Trustees.
The waters thus set aside shall be clearly marked and posted in conformity
with a resolution duly adopted by the Board of Trustees and in conformity
with § 34 of the Navigation Law of the State of New York.
