The following rules and regulations shall apply to the use of
the body of water within the Village known as "Tuxedo Lake":
A. No person shall bathe, swim, wade or otherwise immerse himself or
herself in the waters of Tuxedo Lake.
B. No person shall place, install or otherwise erect any permanent dock,
permanent offshore floating platform, boathouse or similar structure
on or in the waters or shoreline of Tuxedo Lake unless such structure
was in existence in the same location prior to February 20, 1987.
An inventory of such structures shall be on file with the Village
Building Inspector for record. In creating such inventory, the Village
Building Inspector will first record all permanent structures in existence
on June 30, 2008. For a structure not in existence on June 30, 2008,
to be included in such inventory, prior to June 30, 2009, a property
owner must provide evidence to the Village Building Inspector demonstrating
that such a structure was in existence prior to February 20, 1987.
If a structure has not been so identified to the Village Building
Inspector by June 30, 2009, or was not legally in existence on June
30, 2008, it may not subsequently be rebuilt.
C. No person shall place, install, rebuild or otherwise erect a nonpermanent
structure on Tuxedo Lake unless such structure was legally deployable
on Tuxedo Lake on June 30, 2008, or unless such structure is otherwise
in compliance with this chapter. An inventory of such structures on
June 30, 2008, shall be made and maintained on file with the Building
Inspector. An owner of property abutting Tuxedo Lake may place, install
or otherwise erect one seasonal, floating or otherwise nonpermanent
structure that complies with the requirements of this chapter. Any
such nonpermanent structure must be securely attached to the shore,
and be limited in size so that it has a lakefront length of not more
than 10 feet and does not extend into the lake more than six feet
(exclusive of any bridging mechanism described in this subsection).
Structures may be attached directly to the shore or may be attached
to the shore by a nonpermanent bridging mechanism that itself is not
more than four feet wide and does not extend into the lake more than
five feet. No person may own or maintain more than one such structure
on each property owned by such person.
D. No rebuilding as authorized by Subsection
B, above, or installation of a nonpermanent structure as authorized by Subsection
C above, shall take place unless a permit therefor has been approved by the Board of Trustees and issued in the name of the Board by the Village Clerk. The Board of Trustees shall issue such permit if the structure complies with the requirements of this §
65-2; the applicant has demonstrated to the satisfaction of the Board of Trustees that the construction or rebuilding will not endanger the water supply or otherwise be detrimental to the Village's environment; and the applicant has obtained approvals of any other board that may be required under the Village Law. For all purposes, including the issuance of permits under this subsection, the provisions of §
65-2B and
C shall not apply to the Tuxedo Club or the Village Boat Club, which shall instead be subject to §
65-2E.
E. The Tuxedo Club and the Village Boat Club are restricted from expanding the square footage or number of permanent and seasonal docks, or the number of moorings, beyond the facilities approved by the Board of Trustees prior to June 30, 2008, or such later date as the Board of Trustees designates as the date for the Board to make a final approval of the facilities available to each of the Tuxedo Club and the Village Boat Club under this §
65-2, except that the number of moorings may be increased as provided in this §
65-2E. Moorings may only be used for sailboats. A record of approvals applicable to such facilities in effect at that date shall be maintained in the Village Office by the Village Building Inspector. This record shall include the permit, the approved plan of dock configuration (which shall describe the approved arrangement and square footage of the docks), the exact placement of moorings, and photographs of the existing condition at the time of the approval. No alteration of the configuration of the approved docks or relocation of the approved moorings shall be made unless approved by resolution of the Board of Trustees. In addition, upon application to the Board of Trustees by the Tuxedo Club or the Village Boat Club, the number of moorings available to either such organization may be increased above the number specified by the Board of Trustees pursuant to this subsection. Approval of any such increase will be effective for a period of up to one year upon the terms approved by resolution of the Board of Trustees, which may upon application renew the approval in subsequent years.
F. No person shall place more than one pontoon boat on Tuxedo Lake. The provisions of this §
65-2F shall not apply to the Tuxedo Club or to the Village Boat Club.
G. Only the following persons are permitted to place boats in and on
Tuxedo Lake:
(1) The owners of record of property adjoining the shoreline of Tuxedo
Lake.
(2) The Tuxedo Club and the Village Boat Club and their respective members.
(3) Officers, employees and duly designated agents of the Village, but
only for the purpose of carrying out their official duties as such
officers, employees and agents.
H. In situations where the Superintendent of Public Works or the Chief
of Police determines that corrective measures must be taken to eliminate
extreme algae growth in Tuxedo Lake, or for environmental, safety
or health reasons, the Superintendent or Chief of Police may authorize
the use of a boat powered by means other than electricity, sails or
oars on the waters of Tuxedo Lake for the purpose of undertaking such
corrective measures.
I. No person owning or harboring a domestic animal shall permit or allow
such animal to enter the waters of Tuxedo Lake.
J. Ice skating on Tuxedo Lake is prohibited.
[Amended 5-26-2022 by L.L. No. 4-2022]
A. No person authorized within this chapter to place a boat in or on
the waters of any of the three lakes shall place a boat or aquatic
recreational device used to traverse the waters of the lakes in or
on the waters of any of the three lakes unless a permit therefor shall
have been issued by the Village Clerk. Aquatic recreational devices
shall include, but are not limited to, paddleboards, standingboards,
surfboards, electric surfboards, or other devices in or upon which
an individual or individuals may travel or float upon waters. Applications
for a permit shall be made by the owner of a boat or aquatic recreational
device upon a form to be prescribed and furnished by the Village Clerk.
Such form shall require a certification from the owner that the owner
will comply with procedures approved by the Village for the cleaning
of all boats or aquatic recreational devices placed in any of the
lakes. A fee in an amount set by resolution of the Board of Trustees
shall be paid to the Village by the applicant for a permit at the
time the application is submitted. Such fee shall be refunded to the
applicant in the event that a permit is not issued. The Village Clerk
shall maintain a register of all such permits, which will include
the name, address and telephone number of each permit holder and a
description of the holder's boat or aquatic recreational device,
including length, color, make, purchase date and the date on which
the boat was first put into or on any of the lakes.
B. No permit shall be issued hereunder unless the boat or aquatic recreational
device conforms to the requirements and regulations contained in this
chapter.
C. Any permit issued hereunder shall be issued in duplicate, and the
person to whom such permit is issued shall affix the same on both
sides of the boat or aquatic recreational device, near the bow, or
in a location where the permit will be visible at all times. Such
permit shall be displayed whenever a boat is in or on the waters of
the lakes.
D. All permits issued hereunder must be renewed annually. The Board
of Trustees, in its discretion, may revoke or deny renewal of the
permit of a holder who it determines has repeatedly violated Village
laws or the provisions of this Code in connection with the use of
the boat or aquatic recreational device to which the permit relates.
E. Any boat or aquatic recreational device owned or operated by the
Village or by any department thereof shall be required to obtain a
permit but shall not be subject to any licensing or other fee.
F. Boats, aquatic recreational devices, other water floating devices,
and the sizes thereof, may be permitted or prohibited by way of duly
adopted resolution of the Board of Trustees.
[Amended 8-18-2021 by L.L. No. 1-2021; 5-26-2022 by L.L. No. 4-2022]
The following rules and regulations shall apply to the use of
the body of water within the Village known as "Wee Wah Lake."
A. No person may fish in or on the waters of Wee Wah Lake unless he
or she is a resident or non-resident property owner, or an accompanied
guest of a resident or nonresident property owner of the Village of
Tuxedo Park or a member of any organization of club licensed or operated
by the Village.
B. No person shall bathe, swim, wade or otherwise immerse himself or
herself in the waters of Wee Wah Lake, unless he or she is a resident
or non-resident property owner, or an accompanied guest of a resident
or non-resident property owner of the Village of Tuxedo Park or a
member of any organization or club licensed or operated by the Village.
Nonwaterfront residents or nonresidential property owners with property
that does not abut the Wee Wah Lake shall only be permitted to swim
in the Wee Wah Lake if they are members of the Wee Wah Park and Beach
Club during its official hours of operation.
C. Residents and/or nonresident property owners of the Village or a
member of any organization of club licensed or operated by the Village
shall be permitted to launch and retrieve boats for use on Wee Wah
Lake in accordance with posted regulations governing such activities.
D. No person shall operate, allow or otherwise permit a boat or aquatic
recreational device owned by him or her, or under his or her control,
to enter the areas of Wee Wah Lake which have been designated by the
Village as swimming areas. The prohibition contained in this subsection
shall not apply to boats operated by or under the direct control or
supervision of the Department of Public Works or Police Department.
E. No person shall place, install, rebuild or otherwise erect any permanent
dock, permanent offshore floating platform, boathouse or similar structure
on or in the waters or shoreline of Wee Wah Lake unless such structure
was in existence in the same location prior to February 20, 1987.
Notwithstanding the preceding sentence, the concrete permanent structure
at the Wee Wah Lake shall be permitted to remain. An inventory of
such structures shall be on file with the Village Building Inspector
for record. In creating such inventory, the Village Building Inspector
will first record all permanent structures in existence on June 30,
2008. For a structure not in existence on June 30, 2008, to be included
in such inventory, prior to June 30, 2009, a property owner must provide
evidence to the Village Building Inspector demonstrating that such
a structure was in existence prior to February 20, 1987. If a structure
has not been so identified to the Village Building Inspector by June
30, 2009, or was not legally in existence on June 30, 2008, it may
not subsequently be rebuilt.
F. No person shall place, install or otherwise erect a nonpermanent
structure on Wee Wah Lake unless such structure was legally in existence
on June 30, 2008, or unless such structure is otherwise in compliance
with this chapter. An inventory of such structures on June 30, 2008,
shall be made and maintained on file with the Building Inspector.
An owner of property abutting Wee Wah Lake may place, install or otherwise
erect one seasonal, floating or otherwise nonpermanent structure that
complies with the requirements of this chapter. Any such nonpermanent
structure must be securely attached to the shore, and be limited in
size so that it has a lakefront length of not more than 10 feet and
does not extend into the lake more than six feet (exclusive of any
bridging mechanism described in this subsection). Structures may be
attached directly to the shore or may be attached to the shore by
a nonpermanent bridging mechanism that itself is not more than four
feet wide and does not extend into the lake more than five feet. No
person may own or maintain more than one such structure.
G. No rebuilding as authorized by Subsection
E above, or installation of a nonpermanent structure as authorized by Subsection
F above, shall take place unless a permit therefor has been approved by the Board of Trustees and issued in the name of the Board by the Village Clerk. The Board of Trustees shall issue such permit if the structure complies with the requirements of this §
65-4, the applicant has demonstrated to the satisfaction of the Board of Trustees that the construction or rebuilding will not endanger the water supply or otherwise be detrimental to the Village's environment, and the applicant has obtained approvals of any other board that may be required under the Village Law.
H. No person shall skate on the frozen surface of Wee Wah Lake, except
in areas designated by the Board of Trustees and at such times as
the Village Police Department has posted appropriate notice that such
activity is permitted.
I. No person owning or harboring a domestic animal shall permit or allow
such animal to enter the waters of Wee Wah Lake.
J. The Village hereby reserves to itself the authority to promulgate rules and regulations to carry forth the intent of Subsections
A and
C of this §
65-4, including the authority to limit the age of those who may engage in such activities on an unsupervised basis and the times of the year and times of the day when such activities may be carried out.
K. The Village further hereby reserves to itself the right and authority
to license the operation of the Wee Wah Lake, the immediate and surrounding
property annexed thereto, or the uses thereof, to an entity designated
by the Village Board of Trustees.
L. The Village Board of Trustees may, by resolution, allow boats, aquatic
recreational devices, or aquatic recreational activities to take place
on the Wee Wah Lake so long as the base of launch or operation is
the Wee Wah Park.
M. The Village Board of Trustees may, from time to time and by resolution,
allow for the rental of Village-owned boats and aquatic recreational
devices at a reasonable fee to assist in the costs of operations.
Such fees shall be maintained in accordance with the General Municipal
Law.
The following rules and regulations shall apply to the use of
the body of water in the Village known as "Pond No. 3":
A. No person shall place, install, rebuild or otherwise erect any permanent
dock, permanent offshore floating platform, boathouse or similar structure
on or in the waters or shoreline of Pond No. 3 unless such structure
was in existence in the same location prior to February 20, 1987.
An inventory of such structures shall be on file with the Village
Building Inspector for record. In creating such inventory, the Village
Building Inspector will first record all permanent structures in existence
on June 30, 2008. For a structure not in existence on June 30, 2008,
to be included in such inventory, prior to June 30, 2009, a property
owner must provide evidence to the Village Building Inspector demonstrating
that such a structure was in existence prior to February 20, 1987.
If a structure has not been so identified to the Village Building
Inspector by June 30, 2009, or was not legally in existence on June
30, 2008, it may not subsequently be rebuilt.
B. No person shall place, install or otherwise erect a nonpermanent
structure on Pond No. 3 unless such structure was legally in existence
on June 30, 2008, or unless such structure is otherwise in compliance
with this chapter. An inventory of such structures on June 30, 2008,
shall be made and maintained on file with the Building Inspector.
An owner of property abutting Pond No. 3 may place, install or otherwise
erect one seasonal, floating or otherwise nonpermanent structure that
complies with the requirements of this chapter. Any such nonpermanent
structure must be securely attached to the shore, and be limited in
size so that it has a lakefront length of not more than 10 feet and
does not extend into the lake more than six feet (exclusive of any
bridging mechanism described in this subsection). Structures may be
attached directly to the shore or may be attached to the shore by
a nonpermanent bridging mechanism that itself is not more than four
feet wide and does not extend into the lake more than five feet. No
person may own or maintain more than one such structure.
C. No rebuilding as authorized by Subsection
A, above, or installation of a nonpermanent structure as authorized by Subsection
B, above, shall take place unless a permit therefor has been approved by the Board of Trustees and issued in the name of the Board by the Village Clerk. The Board of Trustees shall issue such permit if the structure complies with the requirements of this §
65-5, the applicant has demonstrated to the satisfaction of the Board of Trustees that the construction or rebuilding will not endanger the water supply or otherwise be detrimental to the Village's environment, and the applicant has obtained approvals of any other board that may be required under the Village Law.
D. No person shall bathe, swim, wade or otherwise immerse himself or
herself in the waters of Pond No. 3 unless he or she is the owner
of property that adjoins the waterline of Pond No. 3 or the guest
of such property owner.
E. No person shall skate on the frozen surface of Pond No. 3 except
in areas designated by the Board of Trustees and at such time as the
Police Department has posted appropriate notices that such activity
is permitted.
F. No person owning or harboring a domestic animal shall permit or allow
such animal to enter the waters of Pond No. 3.
The following rules and regulations shall apply to the use of
the three bodies of water in the Village referred to as the lakes
in this chapter:
A. No motor vehicles, as that term is defined in the Vehicle and Traffic
Law of the State of New York, shall be parked or left standing on
any of the streets of the Village surrounding any of said lakes, except
with the written permission of the Board of Trustees or the Chief
of Police. Notwithstanding the definition of the term "motor vehicle"
contained in the Vehicle and Traffic Law of the State of New York,
the term "motor vehicle," as used in this chapter, shall also include
a snowmobile, a boat trailer and other recreational vehicle not specifically
defined under the Vehicle and Traffic Law of the State of New York,
but shall not include fire and police vehicles and vehicles of the
Department of Public Works.
B. Access to any of said lakes for the purposes permitted in this chapter
shall be from such locations as have been designated in this chapter.
The Board of Trustees may, from time to time, designate additional
locations from which persons may have access to any of said lakes
for the purposes permitted in this chapter. Notwithstanding the foregoing,
the owners and lessees of property adjoining the shoreline of said
lakes and their guests, members and invitees shall have access to
any of said lakes from such property for purposes permitted in this
chapter.
C. Any person operating or riding as a passenger in any boat on the
waters of any of said lakes must, at all times, conform to the safety
regulations promulgated by the United States Coast Guard.
D. This chapter shall not relieve any person from complying with any
rule, regulation or law of the State of New York requiring a person
to obtain a license before fishing on any of said lakes.
E. No person shall deposit garbage, refuse, putrescible matter or any
other matter that pollutes water in any of said lakes.
F. No boats that have been treated or otherwise surfaced with antifouling
or toxic bottom paints shall be placed in the waters of any of said
lakes. The term "antifouling or toxic bottom paints" shall mean paints
containing cuprous oxide, tributyltin fluoride or similar compounds.
G. No person shall place a boat, aquatic recreational device, trailer
or dock in any of the lakes unless such has been steam-cleaned or
cleaned by other measures approved by the Village in accordance with
procedures approved by the Village prior to the time it is initially
placed in one of the lakes and at such times thereafter as may be
required by rules adopted by the Board of Trustees. Cleaning shall
take place at a site that does not drain into one of the lakes. A
certificate of compliance with this procedure for each boat or aquatic
recreational device must be recorded by the Department of Public Works
and filed with the Village Clerk.
[Amended 5-26-2022 by L.L. No. 4-2022]
H. No person shall place any single hull boat that is greater than 21
feet in length overall, or place any multi-hull or pontoon boat that
is greater than 20 feet in length overall, in or on the waters of
any of said lakes unless the boat is an antique electric boat built
prior to 1936 and under 30 feet in length. This subsection shall not
apply, however, to any single-hull boat that is greater than 21 feet
in length overall, or any multi-hull or pontoon boat greater than
20 feet in length overall, which was in service on any of said lakes
prior to February 20, 1987; no person shall replace any such boat
with another boat greater than 21 feet in length for single-hull boats
or 20 feet in length for multi-hull or pontoon boats.
[Amended 9-7-2011 by L.L. No. 3-2011]
I. No person hereinafter authorized shall place a boat in or on the waters of the lakes, other than a boat powered by electricity, sails or oars. Any such boat shall be subject to the permit provisions contained in §
65-3 hereof.
J. No person shall place any pontoon boat on Wee Wah Lake or Pond No. 3. No home-owner or other person shall place more than one pontoon boat on Tuxedo Lake. No homeowner or other person shall place more than a total of three boats of any kind on the lakes, or at any dock, offshore float, floating platform or other similar structure owned by such a person, or permit any other person to moor or maintain a boat at such a structure. The provisions of this §
65-6J shall not apply to the Tuxedo Club or to the Village Boat Club.
K. No club, organization or other person shall stock any of the lakes
with fish without prior written consent from the Board of Trustees.
L. No ice fishing is permitted on any of the lakes without prior written
consent of the Village and prior written consent of the New York State
Department of Environmental Conservation.
M. The Board of Trustees shall annually appoint one or two individuals
to act as Lake Wardens for one-year terms. Such persons shall have
such qualifications and duties as are prescribed by the Board of Trustees.
N. The Board
of Trustees may, from time to time, rent boat or nonboat devices,
otherwise permitted by Village Code, to rent to taxpayers and Wee
Wah Beach members during the summer season.
[Added 5-26-2022 by L.L. No. 4-2022]
O. The Board
of Trustees may, from time to time, modify the allowable boat devices,
nonboat devices, and the sizes thereof by way of resolution.
[Added 5-26-2022 by L.L. No. 4-2022]
The rules and regulations herein contained shall be in addition
to and shall not be deemed to supersede the watershed regulations
heretofore promulgated by the Commissioner of Health of the State
of New York applicable to the lakes, as set forth in § 133.13
of Title 10 of the New York Compilation of Codes, Rules and Regulations
(10 NYCRR 133.13).
[Amended 5-26-2022 by L.L. No. 4-2022]
A. Any person who violates any of the provisions of this chapter shall be deemed to have committed a violation of the Village Code pursuant to §
1-12, Penalties for offenses against Code provisions, unless otherwise specified.
B. Any person who violates any of the provisions of this chapter shall further be deemed to have committed a violation pursuant to the Penal Law of the State of New York punishable as provided in §
1-12 of Chapter
1, General Provisions.
C. In addition to the above penalty, the Board of Trustees may revoke
the permit or any privilege issued or granted to any person pursuant
to this chapter who violates any of the provisions of this chapter
or any of the terms or conditions of any such permit.