[HISTORY: Adopted by the Board of Trustees of the Village
of Centre Island 4-5-1976 by L.L. No. 1-1976 by Art. 12 of the 1976
Municipal Code. Sections 118-4, 118-9 and 118-18B amended and § 118-22
added at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
The following regulations are necessary in order to:
A.
Protect and secure navigation, bathing, fishing and other recreational
uses and the natural beauty and healthful, safe, full and proper enjoyment
of the waters and ecological resources bounding the Village by the
inhabitants of the Village and the community.
B.
Secure safety from flood, fire, panic, explosions and other dangers.
C.
Protect the inhabitants of the Village from unreasonable odors, smoke,
vapor, gas, dust, pollution, garbage, effluents, noise and vibrations.
D.
Promote and protect the good order, peace, health, safety, morals
and general welfare of the inhabitants of the Village and the community.
E.
Protect and secure the property of the same.
Except when prohibited by reason of the 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.
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 of the
United States inland waters, relative to the rules for vessels passing
each other and 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 attachment of, or to attach, a vessel to the ground by
means of tackle so designed that, when such attachment is terminated,
the tackle in its entirety is removed from the ground and taken under
the control of the vessel.
The main channels and cross channels connecting with them
as delineated by navigation buoys placed by the United States Coast
Guard, the Town of Oyster Bay or the Village of Centre Island.
Includes the person or persons designated as such by the
Mayor. Deputy Harbormasters shall serve as assistants to and of the
Harbormaster and during the pleasure of the Mayor.[1]
Includes a public or privately owned structure, approved
by the United States Army Corp of Engineers, extending from the shoreline
into a body of water and used for the purpose of mooring vessels and
the receiving and discharging of passengers from vessels.
The person designated as such by the Mayor. The Harbormaster
shall serve during the pleasure of the Mayor.[2]
The person so designated by the Town Board of Oyster Bay
and shall include any other persons designated as Deputy or Assistant
Harbormasters by said Town Board. The authority conferred by this
chapter on the Harbormaster of the Town of Oyster Bay shall be valid
only so long as there is in full force and effect between the Village
and the Town of Oyster Bay a written agreement relating to his duties.
The attachment of, or to attach, a vessel to a pier or dock
or other structure or the attachment of, or to attach, a vessel to
the ground by means of tackle so designed that, when such attachment
is terminated, some portion of the tackle remains attached to the
ground and is not taken under the control of the vessel.
Includes 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 entitles him to such possession.
Includes any person swimming with the intent to explore or
photograph in local waters or to hunt fish therein, including any
person using any self-contained underwater breathing apparatus commonly
known as an "aqualung," but shall not include bona fide salvage or
other commercial operations displaying proper signals.
Includes 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.
No person shall cast, deposit, dump, discharge or place or cause
or suffer to be cast, deposited, dumped, discharged or placed any
oil, garbage or refuse matter of any kind or any sewage or waste matter
of any kind into any waters or on any beach.
A.
The location of mooring and anchoring facilities, the use thereof and the types of mooring and anchoring and mooring buoys permitted are subject to supervision by any such enforcing officer set forth in § 118-19 of this chapter.
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 any such enforcing officer set forth in § 118-19 of this chapter.
C.
No person shall anchor or moor any vessel in any channel affording
entrance to a harbor, and in no case shall any vessel be anchored
within 50 feet of or moored to any channel marker or so as to interfere
with the full use of any channel affording entrance to a harbor.
D.
No person shall moor or anchor any boat so as to endanger the safety
of or cause damage to any boat previously anchored or moored.
E.
No person shall moor any vessel at a mooring within 1,500 feet of
the shore unless:
(1)
Such vessel is compelled so to moor owning to a temporary disability
and then only during the period of its temporary disability:
(2)
Such vessel is compelled so to moor temporarily owing to an emergency
arising out of the perils of the sea and then only during such period
of emergency; or
(3)
The owner, charterer or operator of the vessel, individually or through
a membership corporation or association, has made written application
to and has obtained written permission so to moor from the Harbormaster,
a Deputy Harbormaster or the Harbormaster of the Town of Oyster Bay
and then only at such location and during such period as is stated
in such written permit.
The Harbormaster or any Deputy Harbormaster or the Harbormaster of the Town of Oyster Bay is hereby authorized and empowered to issue, upon written application, pursuant to § 118-6E(3) above, written permits authorizing mooring for periods not in excess of one year, provided that in acting upon any such application, no consideration shall be given to the race, color, creed, nationality, citizenship or residence of the applicant and provided, further, that the Harbormaster, Deputy Harbormaster or the Harbormaster of the Town of Oyster Bay shall find that the proposed location of the mooring will be an adequate distance, consistent with the minimum limits hereinafter prescribed, from each of the following:
A.
The special anchorage area in Oyster Bay Harbor, New York, approved September 30, 1957, by Dewey Short, Assistant Secretary of the Army, being that portion of Oyster Bay Harbor adjacent to the easterly side of Centre Island westerly of a line on range with Cold Spring Harbor Light and the Stone House on the end of Plum Point and more particularly outlined and set apart in the United State Government's chart for Oyster Bay Harbor, is hereby exempted from the application of § 118-11 of this chapter.
B.
Notwithstanding any other provision of this chapter to the contrary,
the Harbormaster is granted authority to establish the pattern and
terms for anchorage and mooring within such special anchorage area,
which pattern and terms shall be enforceable in the same manner as
all other provisions of this chapter.
Any vessel, including, for the purposes of this section, a rowboat or skiff, regardless of the manner in which it may be propelled, or any other object 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 enforcing officer described in § 118-19A of this chapter If said vessel or other object is not removed after an order so to remove it, it may be removed by or at the direction of such enforcing officer 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 or another law of the Village or the laws of the State of New York.
No pleasure vessel shall be mechanically operated within 200
feet of the shore, dock, pier, raft float or an anchored or moored
vessel at a speed exceeding five miles per hour.
No person shall operate a vessel propelled other than by hand
or sail within 100 feet of any lifelines or bathing float or, if there
are no life-lines or bathing float, then within 100 feet of any beach
regularly used for bathing or swimming, except at inlets or where
a channel approaches the life-lines, bathing float or beach.
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 or
drugged condition. Upon the trail 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 arrest, as shown by a
medical or chemical analysis of breath, blood, urine or saliva. For
the purposes of this section, evidence that there was, at the time,
0.05 of 1% or less by weight of alcohol in his blood is prima facie
evidence that the defendant was not in an intoxicated condition; evidence
that there was, at the time, more than 0.05 of 1% and less than 0.15
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, 0.15 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 internal combustion 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.
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 by the Coast Guard.
A.
No skin diving shall be undertaken in any waterway, channel, or in
any waters where the same may interfere with the 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.
C.
Any person engaged in skin diving shall maintain on the boat or on
the surface of the water in the area of the skin diving operations
a visible red flag with a diagonal white bar.
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 3-9-1982 by L.L. No. 2-1982]
A.
No person shall operate a vessel in the navigable waters of the state
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.
B.
No person shall ride on water skis, a surfboard or similar device
or use or operate a vessel to use or tow a person thereon on the navigable
waters of the state between the period from one hour before sunset
to one hour after sunrise.[1]
C.
In addition to the speed limitation provided for § 118-10 of this chapter, no person shall ride on water skis, a surfboard or similar device or use or operate a vessel to tow a person within 150 feet of the lifeline markers of any bathing area or mooring area or in other areas as so marked or within 150 feet of any swimmer or bather or within any channel or 50 feet from any such channel.
A.
Any member of the Village Board, the Harbormaster or the Harbormaster
of the Town of Oyster Bay, any Deputy Harbormaster, any duly authorized
officer or agent of the Village Board, any member of the Village Police
Department and any member of the Marine Division of the Nassau County
Police Departments (each of whom is referred to as "such enforcing
officer"), is hereby empowered to enforce the provisions of this chapter.
B.
Any such enforcing officer shall have the right to stop any vessel
and to board enter upon and inspect any vessel for any of the following
purposes: to determine whether such vessel is subject to the provisions
of this chapter, to ensure compliance therewith, to enforce the same
and to issue summons or other process for any violation thereof
A.
Every person in charge of or who owns, charters or is operating or
driving a vessel shall at all times obey the lawful orders of any
such enforcing officer.
B.
Any vessel or float anchored or moored or attached or secured to
another vessel in violation of any part of this chapter shall be removed
or detached, as the case may be, by the owner, charterer or person
in charge thereof on order of any such enforcing officer. If any such
vessel or float is not removed or detached after an order so to remove
or detach it, the same may be removed or detached, as the case may
be, by or at the direction of any such enforcing officer, at the expense
of the owner, charterer 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 or other laws
of the Village or the laws of the State of New York.
The Harbormaster and the Harbormaster of the Town of Oyster
Bay are hereby empowered to install buoys, appropriately worded signs
and other markers at any point when, in their opinion, the placing
of any such buoys, signs or markers would give practical effect to
the intent of this chapter or any provision thereof, provided that
prior approval with respect to the same is obtained from the United
States Coast Guard and so long as the same comply with the system
adopted by the United States Coast Guard and the State of New York
as provided in the Navigation Law.
