[Adopted 8-12-1969 by L.L. No. 36-1969, effective 8-18-1969]
This article shall apply to all waters or waterways within the
Town of Hempstead or subject to its jurisdiction, except when prohibited
by the laws of the United States.
All provisions of the Navigation Law of this state, of the Inland
Rules enacted by Congress and governing the navigation of the inland
waters of the United States and of the Pilot Rules for United States
inland waters shall be complied with by all vessels navigating the
Hempstead Town waterways.
[Amended 4-25-1978 by L.L. No. 42-1978, effective 5-1-1978]
As used in this article, the following terms shall have the
meanings indicated:
The securing of a boat by use of a flexible line secured
to an anchor which holds fast in the land underwater.
Includes every description of watercraft or other contrivance
used or capable of being used as a means of transportation in or on
water.
Any motorboat race conducted over a prescribed and marked
course by a duly authorized boating association or boat club.
Those parts of the channel system that are demarked by navigational
aids, such as buoys and poles.
[Added 6-26-1984 by L.L. No. 44-1984, effective 7-2-1984]
Includes all waterways, channels, main channels, cross channels
connecting with them, basins and bathing areas, canals, bays and lagoons
within the jurisdiction of the Town of Hempstead.
The Commissioner of the Department of Conservation and Waterways
of the Town of Hempstead, otherwise referred to herein as Director.
The Department of Conservation and Waterways of the Town
of Hempstead.
Includes the terms wharves, piers or quays.
The securing of a boat or vessel to a floating mooring, a
pile or spile, dock or Town landing, by means of flexible lines.
Includes the person under whose name the vessel was last
registered with any legally constituted governmental agency as may
be required by law, or if never so registered, the last-known person
possessing the indices of control or ownership.
A natural person, a partnership, an unincorporated association,
a corporation or any other constituted entity.
Those areas between the channels and shoreline or salt marsh
which are generally exposed or non-navigable at low tide.
[Added 6-26-1984 by L.L. No. 44-1984, effective 7-2-1984]
Those waters, whether salt or fresh, wherever the ebb and
flow of tide from the sea is felt.
[Added 6-26-1984 by L.L. No. 44-1984, effective 7-2-1984]
Includes Town street-ends at navigable water and such Town
lands as may be designated as Town landings.
Includes all waters or waterways within the Town of Hempstead
or subject to its jurisdiction, except where prohibited by the laws
of the United States government.
A.
Boats or vessels shall not be moored or anchored in any channel except
at the edges thereof, and in no case shall boats or vessels be moored
or anchored within 50 feet of a channel marker or buoy in a manner
which could interfere with navigation.
B.
No boat or vessel shall be moored or anchored so as to endanger the
safety of, cause damage to or interfere with any boat or vessel previously
anchored or moored in a Town of Hempstead waterway or at a public
dock or Town landing. Any boat so moored or anchored shall be removed
by the owner, operator or person in charge on order of the Director.
If said boat or vessel is not removed within 24 hours of receipt of
such order, it shall be removed by or at the discretion of the Director,
at the expense of the owner, operator or person in charge thereof.
C.
Any boat or vessel which becomes a menace to navigation, becomes
unseaworthy, sinks, grounds or becomes otherwise disabled shall be
removed from Town waterways by the owner, operator or person in charge,
upon order of the Director. If said boat or vessel is not removed
within 24 hours of receipt of notice to remove, or within 24 hours
of the time notice should have been received or taken, it may be removed
by or at the discretion of the Director, at the expense of the owner.
D.
No boat or vessel shall be moored or docked at the end of any Town
street, Town landing, public dock or any other Town property, except
as may be provided in sections of this Code relating to marinas and
docks.[1] Any boat or vessel moored or docked at any Town property
without legal right under any chapter of this Code shall be removed
by the owner of said boat or vessel on order of the Director. If said
boat or vessel is not removed within 24 hours of receipt of notice
to remove or within 24 hours of the time notice should have been received
or taken, it may be removed by or at the discretion of the Director,
at the expense of the owner of said boat or vessel.
E.
No boat or vessel shall be moored, anchored or docked in any waterway
of the Town so that such boat or vessel or any projection thereof
extends into the waterway more than 1/4 of the width of such waterway,
as measured between the low waterlines along the waterway at the point
or place that such boat or vessel is moored, anchored or docked, except
that if the waterway is bulkheaded along each shoreline, the width
of such waterway may be the width between bulkheads.
F.
No structure, dock or mooring shall be erected or constructed in,
over or on any waterway within the Town of Hempstead, except as may
otherwise be provided in accordance with this Code. Any structure,
dock or mooring so erected or constructed shall not project into the
waterway a distance greater than 1/4 of the width of such waterway
as measured between the low waterlines along the waterway or between
the outboard face of existing bulkheading at the point or place that
such structure, dock or mooring is erected or constructed.
[Amended 4-25-1978 by L.L. No. 42-1978, effective 5-1-1978; 6-26-1984 by L.L. No.
44-1984, effective 7-2-1984]
It is unlawful to operate a vessel in a reckless manner. A person
is guilty of reckless operation of a vessel who operates any vessel
or manipulates any water skis, aquaplane or similar device in willful
or wanton disregard for the safety of persons or property or without
due regard, caution and circumspection or at a rate of speed or in
a manner as to endanger or likely to endanger life or limb or damage
the property of or injure any person.
[Amended 4-25-1978 by L.L. No. 42-1978, effective 5-1-1978; 6-26-1984 by L.L. No.
44-1984, effective 7-2-1984]
A.
No person shall operate a boat within any waterway of the Town at
a speed which shall cause a wake or wave which is liable to endanger
the life or safety of any person or cause damage to property, including
but not limited to erosion of the salt marsh.
B.
No boat shall be operated at a speed greater than 12 miles per hour
in any waterway of the Town so posted or at a speed greater than five
miles per hour in any waterway of the Town so posted, except as may
be hereinafter provided, or within 100 feet of the shore, a dock,
pier, raft, float or an anchored or moored vessel at a speed exceeding
five miles per hour.
C.
Waterskiing.
(1)
No person shall operate a boat for towing a person or persons on
water skis, surfboards, aquaplanes or similar devices in any posted
speed zone, channel or area designated as a boat basin, anchorage
or bathing area. Nevertheless, said activities shall be permitted
on tidal flats from a distance greater than 100 feet from any posted
speed zone, channel or area designated as a boat basin, anchorage
or bathing area.
(2)
No person shall operate or manipulate any water skis, surfboard,
aquaplane, jet ski, wet bike or similar devices on tidal waters within
the Town in a reckless or negligent manner that endangers the property,
life or safety of any person.
(3)
No person shall operate a boat for towing a person or persons on
water skis, surfboards, aquaplanes or similar devices on tidal waters
within the Town unless another person who is at least 10 years of
age is within the boat and able to observe the person or persons being
towed.
(4)
No person shall operate a boat for towing a person or persons on
water skis, surfboards, aquaplanes or similar devices on tidal waters
within the Town between sunset and sunrise.
D.
Powerboat races or sailboat regattas shall not be conducted within
or on Town waterways without the prior approval of the commissioner,
subject to any permits required by federal or state authority. Application
for permission to conduct a boat race or regatta shall be made to
the Commissioner stating the proposed course of the race or regatta,
the date and time, the types of boats participating and the kind of
race to be conducted.
All sailboat races or regattas shall be conducted within designated
areas. No racecourse shall be marked by buoys, stakes or other markers
without the approval of the Director. The placing of any racecourse
marker shall be supervised by the Department of Conservation and Waterways.
No person shall operate a boat propelled wholly or partly by
an engine operated by gas, gasoline, naphtha, diesel or a oil or other
explosive or flammable substance unless the engine is provided with
an underwater exhaust or muffler so constructed and controlled as
to muffle the noise of explosion caused by engine exhaust.
[Added 8-2-2016 by L.L.
No. 71-2016, effective 9-30-2016]
A.
No commercial marine vessel shall anchor or stop within 100 yards
(300 feet) of a residence.
B.
COMMERCIAL MARINE VESSEL
RESIDENCE
For the purposes of this section, the following terms shall have
the following meanings:
One that is 30 or more feet in length, has a capacity for
20 or more passengers and is used for fishing, sightseeing, party
boat or similar commercial uses.
A structure that is used as a dwelling for one-family, two-family
or multifamily use.
C.
Any violation of this section by the owner, lessee, or any other
person in control of a commercial marine vessel shall constitute a
violation, and the fine shall be $1,000.
[Amended 1-10-2017 by L.L. No. 2-2017, effective 1-25-2017]
