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.
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.
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.
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.