Village of Nissequogue, NY
Suffolk County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 7-6-1978 by L.L. No. 2-1978.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Freshwater wetlands — See Ch. 75.
Noise — See Ch. 83.
Peace and good order — See Ch. 90.
Vehicles and traffic — See Ch. 117.
[1]
Editor's Note: Local Law No. 2-1978, which replaced the Ordinance Governing the Waterways, adopted 8-6-1956, is substantially identical to Ch. 52 of the Code of the Town of Smithtown, which was adopted 5-7-1968 and amended in its entirety 7-25-1978.
This chapter shall be known as the "Law for Jointly Governing the Waterways Within the Jurisdiction of the Town of Smithtown and the Incorporated Villages of Nissequogue and Head-of-the-Harbor."
This chapter shall, except when prohibited by the laws of the United States, apply to all water and waterways within the jurisdiction of the Town of Smithtown, including all inland lakes and millponds, and shall apply to waterways within the jurisdictional limits of any incorporated village within the boundaries of the Town of Smithtown, upon the adoption of a law of substantially like purport by any such incorporated village in accordance with the provisions and requirements of the Village Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
BOAT or VESSEL
Includes every description of water craft or other contrivance used or capable of being used as a means of transportation in the water.
ENFORCING AUTHORITIES
For this chapter or any similar law duly adopted by any incorporated village within the boundaries of the Town of Smithtown, shall be employees of the Town of Smithtown, County of Suffolk or other cooperating municipality, as the case may be, or shall be duly deputized by the Sheriff of Suffolk County and empowered to exercise all the authority provided for in § 654 of the County Law of the State of New York.
A. 
The location of the mooring facilities and types of mooring permitted in the various waterways subject hereto shall be under the supervision of and regulated by the governing body of the municipality having jurisdiction thereover.
B. 
No boat or vessel shall be anchored or moored so that it at any time rests within the lines of any channel, nor shall any boat or vessel anchor or moor within 50 feet of any channel marker or so as to interfere with the full use of such channel, nor shall any boat or vessel anchor or moor within 100 feet of any municipal dock or other marine facility.
C. 
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.
D. 
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.
All boats or vessels shall be 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 the supervision of the enforcing authorities.
A. 
Any boat or vessel, including nonmechanical boats or vessels, which becomes a menace to navigation or is unseaworthy or sinks, grounds or otherwise becomes disabled shall be removed by the owner or person in charge thereof on order of the enforcing authorities. If such boat or vessel is not removed after an order so to 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 boat or vessel.
B. 
The aforesaid has no application in an emergency situation wherein either the safety of the boat or vessel and/or its passengers is at stake.
A. 
No pleasure boat shall be tied up or made fast to any municipal dock or to other property of the Town of Smithtown or any municipality therein for a longer continuous period than 10 minutes. In addition to the penalties provided herein for a violation of any of the provisions of this chapter or those of any coordinated village law, the enforcing authorities may cause any pleasure boat tied up or made fast to any municipal dock or other property of the Town of Smithtown or any municipality therein, in excess of any continuous period of one hour, to be removed at the expense of the owner or person in charge of such vessel.
B. 
The aforesaid has no application in an emergency situation wherein either the safety of the boat or vessel and/or its passengers is at stake.
No boat or vessel shall cruise or be operated within 200 feet of any lifelines or bathing float, nor shall it be operated within 300 feet of any public or private beach or area used for bathing or swimming.
No boat or vessel shall be operated in Stony Brook Harbor or the Nissequogue River, at a speed in excess of five miles per hour.
Nothing herein contained shall prohibit a municipality having the marine jurisdiction thereover from designating, by resolution duly adopted, special water skiing areas or from issuing permits for aquatic events, boat races or otherwise under proper supervision in limited areas for limited periods of time, provided that prior permission for the aforesaid is obtained from the United States Coast Guard and governing municipalities.
A. 
No person shall use or operate a boat or vessel to tow a person on water skis or a surboard or similar device in any harbor, the Nissequogue River or within 200 feet of the shoreline in Smithtown Bay.
B. 
No person shall operate a vessel for towing a person on water skis, a surfboard or similar device unless there is in such vessel a person, other than the operator, of at least 10 years of age, in a position to observe the person being towed.
A. 
Every vessel, mechanically sailed or manually propelled, shall have a United States Coast Guard approved-type personal flotation device aboard, which shall be in sufficient number to provide one for each person on board.
[Amended 6-27-1991 by L.L. No. 10-1991]
B. 
Every mechanically propelled vessel having an engine of more than 10 horsepower shall be provided with a sound-producing mechanical appliance, except sirens, capable of producing a blast of two seconds or more in duration and of such strength as to be heard plainly for a distance of at least 1/2 mile in still weather.
C. 
Every vessel, mechanically, sail or manually propelled, shall carry an anchor of sufficient weight and line or chain of sufficient strength to provide a safe anchorage for such vessel. Sailboard-type sailboats shall be excluded from this subsection.
D. 
Every mechanically propelled vessel shall be equipped with a Coast Guard approved fire extinguisher in accordance with the following:
Class of Motorboat
Size of Motorboat
(feet)
Requirements
A
Less than 16
1 B-1 extinguisher
1
16 to less than 26
1 B-1 extinguisher
2
26 to less than 40
2 B-1 extinguishers
3
40 to less than 65
3 B-1 extinguishers
4
Over 65
As required by federal regulations.
E. 
Every mechanically propelled vessel of 18 feet or more used in Smithtown Bay shall carry a fluorescent orange distress flag, which shall be a minimum of one foot square, and three hand-held-type red flares for use at night to be displayed and used whenever such vessel is in need of assistance.
F. 
The carburetor of every gasoline engine installed in a mechanically propelled vessel, except outboard motors, shall be fitted with a United States Coast Guard approved device for arresting backfire.
G. 
Every vessel operated in the waterways under jurisdiction of this chapter shall be equipped with lights as required by § 43 of the New York State Navigation Law.
H. 
No person shall operate a boat or vessel without having an exhaust from the engine so constructed and used as to muffle the noise of exhaust in a reasonable manner.
A. 
No person under the age of 16 years shall operate a mechanically propelled vessel unless the operator is accompanied by a person 16 years or older or the operator is 10 years or older and is the holder of a boating safety certificate issued to him by the State Conservation Commissioner, and such certificate shall be available upon request to any peace officer and any officer having authority to enforce the provisions of this chapter.
B. 
No person who is the owner of a mechanically propelled vessel shall knowingly authorize or permit the operation thereof unless the operator is 16 years or older or, if less than 16 years, is accompanied by a person 16 years or older, or if 10 years or older and is the holder of a boating safety certificate issued to him by the State Conservation Commissioner.
C. 
No person in an intoxicated condition shall operate any vessel on the waters under the jurisdiction of this chapter.
D. 
No person shall operate any pleasure boat or any vessel when any occupants of certain vessel have extended their arms or legs over the bow of said boat.
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 seabirds, including but not limited to swans, or cause a dangerous wake when approaching or passing another boat.
The dumping of oil refuse and sewage or garbage and waste is prohibited in areas covered by this chapter.
Floats shall be moored in such a way as to be reasonably secure at all times and under all conditions, and anchored and moored subject to the supervision of the enforcing authority.
Any person, firm, association or corporation violating any of the provisions of this chapter shall be guilty of an offense punishable by a 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 exceeding $50 for the first such violation and in a sum not exceeding $100 for any subsequent violation, said penalties to be recoverable as damages in a civil action brought in the name of the municipality responsible for such enforcement.