[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.]
[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:
Includes every description of water craft or other contrivance
used or capable of being used as a means of transportation in the
water.
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.
