[HISTORY: Adopted by the Board of Trustees of the Village of Mill
Neck 7-3-1961 as Ord. No. 23.[1] Section 126-18A amended at time of adoption of Code; see Ch. 1,
General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Boats for hire — See Ch. 32.
[1]
Editor's Note: The prefatory text of Ord. No. 23 provided as
follows: "Pursuant to Article 4 of the Village Law, to secure safety from
flood, fire, explosions and other dangers, to protect the inhabitants of the
Village from unreasonable odors, smoke vapor, gas, dust, noise and vibrations,
to promote and protect the good order, peace, health, safety, morals and general
welfare of the inhabitants of the Village and the Community, to protect and
secure the property of the same, to protect and secure navigation, bathing,
fishing and other recreational uses, and the natural beauty and healthful,
safe, full and proper enjoyment of the waters bounding the Village by the
inhabitants of the Village and the Community, the Board of Trustees does hereby
enact the following ordinance:"
This chapter shall be known as the "Waterways Ordinance of the Incorporated
Village of Mill Neck."
A.
Except when prohibited by reason of laws of the United
States, the following rules and regulations shall apply to all waters within
the village and to all waters bounding the village to a distance of 1,500
feet from the shore of the village.
B.
All applicable provisions of the Navigation Law of New
York, the inland rules enacted by Congress and governing the navigation of
the inland waters of the United States and the Pilot Rules for United States
inland waters, relative to the rules for vessels passing each other, as to
lights on vessels and other matters consistent with the proper use and operation
of vessels, shall be complied with by all vessels.
As used in this chapter, the following terms shall have the meanings
indicated:
The person under whose name the vessel was last registered in accordance
with the provisions of the Federal Boating Act of 1958 or the laws of the
State of New York, if requiring registration, and, in any other 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 entitled him
to such possession.
Any person using any underwater breathing apparatus similar in function
to an Aqua-lung but shall not include bona fide salvage operations displaying
proper signals.
A vessel commonly known as a "houseboat" and every vessel or floating
craft propelled in any manner, except rowboats and skiffs propelled solely
by hand and vessels having a valid marine document issued by the Federal Bureau
of Customs or any foreign government.
The Board of Trustees of the village.
A.
The discharging of toilets is prohibited within 750 feet
of the shore.
B.
The dumping of oil, refuse, garbage, waste or sewage
is prohibited.
[1]
Editor's Note: For related provisions, see Ch. 30, Littering.
A.
The location of mooring and anchoring facilities, the
use thereof and the types of mooring and anchoring permitted are subject to
supervision and control by the Marine Bureau of the Nassau County Police Department.
B.
All floats shall be anchored or moored in such a way
as to be secure at all times and under all conditions, and such anchoring
or mooring shall be subject to supervision by the Marine Bureau of the Nassau
County Police Department.
C.
Vessels shall not moor or anchor in any channel, and
in no case shall vessels moor to or anchor within 50 feet of any channel marker
or so as to interfere with the full use of any channel.
D.
No vessel shall moor or anchor within one boat length
(such length to be measured by the length of the larger vessel) of another
vessel previously moored or anchored.
E.
Any vessel or float so moored or anchored in violation
of any part of this section shall be removed by the owner or person in charge
thereof on order of any member of the Village Board, any duly authorized officer
or agent of the Village Board, any member of the Village Police Department
or any member of the Marine Bureau of the Nassau County Police Department.
If said vessel or float is not removed after orders so to remove it, the same
may be removed by or at the direction of any member of the Village Board,
any duly authorized officer or agent of the Village Board, any member of the
Village Police Department or any member of the Marine Bureau of the Nassau
County Police Department at the expense of the owner or person in charge of
said vessel or float, to be enforced by civil suit, such expense to be in
addition to such penalties as may be prescribed by or imposed under this chapter
and other ordinances of the village and the laws of the State of New York.
Any vessel or float which becomes a menace to navigation or unseaworthy
or sinks, grounds or becomes otherwise disabled shall be removed by the owner
or person in charge thereof on order of any member of the Village Board, any
duly authorized officer or agent of the Village Board, any member of the Village
Police Department or any member of the Marine Bureau of the Nassau County
Police Department. If said vessel or float is not removed after order so to
remove it, it may be removed by or at the direction of any member of the Village
Board, any duly authorized officer or agent of the Village Board, any member
of the Village Police Department or any member of the Marine Bureau of the
Nassau County Police Department, at the expense of the owner or person in
charge of said vessel, to be enforced by civil suit, such expense to be in
addition to such penalties as may be prescribed by or imposed under this chapter
and other ordinances of the village and the laws of the State of New York.
No vessel, except vessels exclusively propelled by wind and sail, shall
be operated at a greater speed than five miles per hour in those waters within
1,500 feet of the shore of the village.
No vessel propelled other than by hand shall cruise or be operated within
100 feet of any lifelines or bathing float or, if there are no lifelines or
bathing float, then within 200 feet of any beach regularly used for bathing
or swimming, except at inlets or where a channel approaches the lifelines,
bathing float or beach, as the case may be, closer than such applicable distances.
Every person operating a vessel shall, at all times, operate the same
in a careful and prudent manner, including, without limitation, the throwing
of its wake, so as not to disturb the reasonable comfort or endanger the property
of another or the life or limb of any person or so as to interfere with the
free and proper use of the waters of any channel.
No person shall operate a vessel while in an intoxicated condition.
Upon the trial of any action or proceeding arising out of acts alleged to
have been committed by any person arrested for operating a vessel while in
an intoxicated condition, the court may admit evidence of the amount of alcohol
in the defendant's blood taken within two hours of the time of the arrest,
as shown by a medical or chemical analysis of his breath, blood, urine or
saliva. For the purposes of this section, evidence that there was, at the
time, 5/100 of 1% or less by weight of alcohol in his blood is prima facie
evidence that the defendant was not in the intoxicated condition; evidence
that there was, at the time, more than 5/100 of 1% and less than 15/100 of
1% by weight of alcohol in his blood is relevant evidence, but it is not to
be given prima facie effect in indicating whether or not the defendant was
in an intoxicated condition; evidence that there was, at the time, 15/100
of 1% or more by weight of alcohol in his blood may be admitted as prima facie
evidence that the defendant was in an intoxicated condition.
No person shall operate a vessel propelled wholly or partly by an engine
operated by gas, gasoline, naphtha, diesel oil or other substance without
having the exhaust from the engine run through a muffler or so controlled
by the introduction of water into the exhaust pipe or line so as to muffle
the noise of exhaust in a reasonable manner.
A.
No person shall operate, drive, moor or anchor any vessel
in connection with or in the pursuit of any business operated for profit,
except such vessels engaged in shellfishing by virtue of leasehold with the
Town of Oyster Bay and except as otherwise may be specifically permitted by
the Village Building Zone Ordinance, within 1,500 feet of the shore of the
village without first obtaining a permit from the Village Board.
B.
All applications to the Village Board for a permit pursuant
to this section shall be made by the applicant in writing under oath and shall
contain a full and complete statement of the proposed operation and business,
including, without limitation, proposed duration of the stay, location, nature
and extent and the dates and hours thereof and the vessels and personnel involved.
A fee of $25 shall be paid to the village by the applicant at the time of
the submission of the application.
C.
Upon receipt of any such application, the Village Board
may, in its discretion, call a hearing, open to the public, for the consideration
thereof and may at such hearing take such testimony and receive such exhibits
from such witnesses as it may deem necessary or advisable to assist it in
its determination with respect to the application.
D.
The Village Board may grant such permit, permanently
or temporarily, if it finds affirmatively that the proposed operation and
business will not cause unreasonable odors, smoke, vapor, gas, noise and vibrations;
that they will not cause damage or injury to property within the village and
its inhabitants; that they are consistent with and promote the good order,
peace, health, safety, morals and general welfare of the inhabitants of the
village; that they do not create obstructions to navigation; and that they
do not threaten or impair the natural beauty and healthful, safe, full and
proper enjoyment of the waters by the inhabitants of the village and the community.
If the Village Board shall determine to grant such permit, it shall state
therein such restrictions and conditions, including, without limitation, time
limits and duration of the stay when the vessels are used or occupied as living
or sleeping quarters and other limits and restrictions as to hours, days,
months, extent and area of operation, as it may deem necessary to protect
and secure all of the same.
Nothing herein contained shall prohibit the Village Board from issuing
special permits for aquatic events, boat races or other similar events under
proper supervision in limited areas for limited periods after prior approval.
A.
No person shall operate a vessel in those waters which
lie to the west and south of the bridge connecting the Village of Mill Neck
with the Village of Bayville towing a person on water skis, a surfboard or
similar device.
B.
No person shall operate a vessel in those waters which
lie to the east and south of the bridge connecting the Village of Mill Neck
with the Village of Bayville towing a person on water skis, a surfboard or
similar device unless there is in the vessel a person other than the operator,
of at least 10 years of age, in a position to observe the progress of the
person being towed, and no person shall so operate a vessel towing a person
on water skis, a surfboard or similar device in said waters between the period
from one hour before sunset to one hour after sunrise.
A.
No skin diving shall be undertaken in any waterway, channel
or in any waters where the same may interfere with reasonable and proper operation
of vessels or within 150 feet of any beach regularly used for bathing and
swimming or within 50 feet of any person bathing or swimming.
B.
No person shall engage in skin diving without a person,
of at least 16 years of age, other than the skin diver in a position as lookout.
No person shall use, operate or discharge under water any spear gun
or similar apparatus within 200 feet of any beach regularly used for bathing
or swimming or within 100 feet of any bather or swimmer.
[Amended 10-6-1992 by L.L.
No. 12-1992]
Any member of the Village Board, any duly authorized officer of the
Village Board, any member of the Old Brookville Police Department and any
member of the Marine Bureau of the Nassau County Police Department shall have
the right to stop any vessel for the purpose of enforcing this chapter.
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.[1]
B.
The Village Board may also maintain an action or proceeding in the name of the village in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this chapter, and these remedies shall be in addition to the penalties prescribed in the preceding Subsection A of this section.
