[Added 3-18-2015 by L.L.
No. 2-2015]
A.
The regulations
of this article shall govern the use of jet pack vessels on all waters
of the Town of Riverhead.
B.
Jet pack
vessels shall comply with all laws and regulations governing Class
A vessels, including but not limited to registration, operation, and
navigation.
D.
Jet pack
vessels operated for recreational or commercial ("for hire") uses
are subject to all boating safety laws, unless otherwise noted in
these regulations.
A.
The purpose
of this article is to develop comprehensive safety standards and registration
requirements for jet pack vessels operated on the waters of the Town
of Riverhead.
B.
In addition,
this article is adopted in order to protect the waterways of the Peconic
River and the Peconic Estuary. The Peconic River, classified as "impaired
waters" [303(d) list] by the NYS Department of Environmental Conservation,
suffers from excessive nitrogen loadings that have been responsible
for chronic algal blooms and extremely low dissolved oxygen (DO) levels.
Low DO levels in the Peconic River have caused a number of fish kills
that have generally occurred during the warm weather months when DO
levels are normally lower.
C.
One of
the sources of nitrogen is nutrient flux, or the cyclic release of
nitrogen from highly enriched organic bottom sediments. Although a
naturally occurring phenomenon, nutrient flux can be triggered by,
and made more severe by, the agitation of bottom sediments. Specifically,
the bottom sediments are displaced, put into suspension within the
water column. Inadvertent propeller dredging by boats is a typical
cause for suspension. Because the sediments are so fine (extremely
small), the displacement and associated turbulence can cause the sediments
to remain in suspension for many hours, if not days. The impacts to
water clarity and DO levels can be severe at times.
D.
The use
of water-jet-powered jet pack vessels within the Peconic River corridor
will without question cause the suspension of the highly enriched
organic sediments. Moreover, the constant activity of the jet pack
vessels will create enough turbulence that the sediments will remain
in suspension for prolonged periods of time. While in suspension,
DO levels and water clarity will precipitously be lowered, negatively
impacting aquatic life. While prop dredging from motorized vessels
does occur, a trained boat operator will make every effort to avoid
this from happening by staying within the designated deeper water
navigation channels. The disturbance of bottom sediments from water
jet propulsion from jet pack vessel activities cannot be avoided within
the Peconic River.
A.
This article does not apply to:
(1)
Jet
pack vessels used solely for the purpose of emergency rescue operations
and associated emergency training programs; and
The following terms, phrases and their derivatives shall have
the meanings herein:
The portion of the jet pack vessel that contains the jet
pump and water intake valve(s). The boat unit includes:
A separately registered personal watercraft that is attached
to the jet-propelled device via a high-pressure water hose; or
A streamlined hull consisting of an engine and water pump that
is connected to the jet-propelled device via a high-pressure water
hose. The hull is not required to have seating for an operator or
passenger.
A motorboat less than 16 feet in length.
An "International Orange" colored water sports helmet.
Any person that provides instruction regarding the operation
and use of the jet pack vessel.
A system whereby a jet-propelled device is attached via a
high-pressure water hose to a boat unit that contains a jet pump.
The boat unit intakes water and pumps it through the high-pressure
water hose to the jet-propelled device capable of elevating a rider
from the surface of the water.
The portion of the jet pack vessel where the rider is seated
or standing, including but not limited to jet-propelled boards, jet
packs and water bikes.
A person other than the rider that is responsible for the
safety of the rider and all equipment involved in the jet pack vessel
operation.
To navigate or otherwise use a vessel and/or move or support
a person in the water or air.
The person that controls the thrust of the jet-propelled
device. The operator may also serve as the rider.
The person or entity that registers the jet pack vessel.
A Class A vessel which:
Has an inboard motor which uses an internal combustion engine
powering a water jet pump as its primary source of motive propulsion;
Is designed with the concept that the operator and passenger
ride on the outside surfaces of the vessel as opposed to riding inside
the vessel;
Has the probability that the operator and passenger may, in
the normal course of use, fall overboard; and
Is designed with no open load-carrying area which would retain
water.
The intentional operation of the jet-propelled device under
the surface of the water for a lateral distance of more than two feet
and then resurfacing.
A fully navigable motorized vessel sufficient to carry all
of the people involved in the jet pack vessel activity.
Any condition in which visibility is restricted by fog, mist,
falling snow, heavy rainstorms, sandstorms or any other similar causes.
The person actually on the jet-propelled device. The rider
may also serve as the operator.
A.
A person
may not operate or give permission to operate a jet pack vessel in
a reckless or negligent manner.
B.
A person
may not lease, hire, rent, operate, or give permission to operate
a jet pack vessel unless the observer, operator, and rider are 16
years old or older.
C.
A person
may not operate or give permission to operate a jet pack vessel unless:
(1)
An
observer is on the boat unit;
(2)
Where
the boat unit does not require an observer on the boat unit, an observer
is on a navigable rescue vessel that is located at least 100 feet,
but no more than 300 feet, away from the rider;
(3)
The
observer is responsible for the safety of only one rider at a time;
and
(4)
The
observer meets New York requirements for a vessel operator.
D.
A person
may not operate or give permission to operate a jet pack vessel on
the waters of the Town of Riverhead unless the rider is wearing an
"International Orange" water sports helmet.
E.
A person
may not operate or give permission to operate a jet pack vessel unless
the rider is wearing a high-impact Type I, Type II, or Type III personal
flotation device approved by the U.S. Coast Guard.
F.
A person
may not operate or give permission to operate a jet pack vessel in
any area of water with a depth of less than 6 feet unless the jet-propelled
device and rider maintain contact with the water at all times.
G.
A person
may not operate or give permission to operate a jet pack vessel in
properly identified speed zones unless the jet-propelled device and
rider maintain contact with the water at all times. Properly identified
speed zones include five-statute-miles-per-hour speed zones and wake
zones.
H.
A person
may not operate or give permission to operate a jet pack vessel on
the waters of the Town of Riverhead within 300 feet in all directions,
including vertically, of any bridge, residence, structure, shore,
wharf, pier, piling, mooring ball, buoy, vessel, or people in the
water. This distance restriction shall also apply to the instructor,
the boat unit, or the operator.
I.
The rider
is prohibited from picking up any other person or using a tandem harness
to include a second rider.
K.
A jet
pack vessel operator/observer shall carry a certificate of boater
safety education.
L.
Where
a jet pack vessel is operated for commercial ("for hire") uses, a
jet pack vessel observer shall carry a CPR certificate.
M.
A person
may not act as an observer, rider, operator, and instructor or give
permission to operate or observe a jet pack vessel on the waters of
the state if they are:
(1)
Under
the influence of alcohol;
(2)
Impaired
by alcohol;
(3)
So
far impaired by any drug, combination of drugs, or combination of
one or more drugs and alcohol that the person cannot operate a vessel
safely; or
(4)
Impaired
by any controlled dangerous substance, unless the person is entitled
to use the controlled dangerous substance under the laws of the state.
N.
A person
may not operate or give permission to operate on the waters of the
state a jet pack vessel unless it is equipped with an engine cutoff
switch.
O.
All jet
pack vessels must be registered.
A.
A person
may not operate or give permission to operate a jet pack vessel in
a porpoise-like motion unless the water depth is a minimum of 20 feet.
B.
A person
may not operate or give permission to operate a jet pack vessel where
the jet-propelled device and rider rise higher than six feet unless
the water depth is a minimum depth of 12 feet.
