[Adopted 9-13-2012 by L.L. No. 58-2012]
This Legislature hereby finds and determines that hundreds of
thousands of Long Islanders enjoy boating on Long Island's lakes,
rivers, bays and ocean each year. This Legislature further finds that
while boating is a relaxing and pleasurable recreational activity,
recent events remind us that boating can also be dangerous. This Legislature
finds that while New York State requires young people to receive boating
safety instruction, no such requirement exists for persons 18 years
of age or older. This Legislature further determines that all Suffolk
County boaters should receive boating safety education. Therefore,
the purpose of this law is to require all Suffolk County boaters to
receive boating safety instruction.
As used in this article, the following terms shall have the
meanings indicated:
As defined in § 2 of the New York Navigation Law.
All of the lakes, rivers, streams and bodies of water located
within the boundaries of the County of Suffolk or that part of any
body of water which is adjacent to the County of Suffolk and which
is within the territorial jurisdiction of the State of New York.
A.
No resident of Suffolk County shall operate a pleasure vessel upon
the waters of Suffolk County unless the operator is the holder of
a boating safety certificate issued by the Commissioner of the New
York State Department of Parks, Recreation and Historic Preservation;
by the United States Power Squadrons; by the United States Coast Guard
Auxiliary; by a bay constable or harbor master of any municipality
within Suffolk County; or by any other entity that offers a boating
course that meets the standards set by the National Association of
Boating Law Administrators.
[Amended 4-23-2013 by L.L. No. 21-2013]
B.
All residents of Suffolk County operating a pleasure vessel upon
the waters of Suffolk County shall maintain their boating safety certificate
on board their vessel during all periods of operation.
A.
The provisions of this article shall not apply to persons certified
by the Commissioner of New York State Parks, Recreation and Historic
Preservation as boating safety instructors; instructors of the United
States Power Squadrons; members and retired members of the United
States Coast Guard, United States Coast Guard Auxiliary and the United
States Navy; police officers acting pursuant to assigned duties; peace
officers acting pursuant to assigned duties; lifeguards acting pursuant
to assigned duties; fire and rescue personnel acting pursuant to assigned
duties; persons licensed to operate vessels by the United States Coast
Guard, the Merchant Marine or the Canadian Coast Guard; and persons
who hold boating safety certificates issued by other states or municipalities.
[Amended 4-23-2013 by L.L. No. 22-2013]
B.
No provision of this article shall be construed so as to permit any
activity that is prohibited by any other federal, state or local law.
Any person who violates any provision of this article shall,
for a first offense, be guilty of a violation punishable by a fine
not to exceed $250; for a second offense, shall be guilty of a violation
punishable by a fine not to exceed $500; for all subsequent offenses,
shall be guilty of a misdemeanor punishable by a fine of $1,000 or
a term of imprisonment not to exceed one year, or both.
This article shall apply to actions occurring on or after the
effective date of this law.
This article shall take effect one year after its filing in
the Office of the Secretary of State.
