This chapter shall be known as the "Boat Ordinance
of the Town of Shelter Island."
The following rules and regulations shall apply
to all waters within the Town of Shelter Island and to all waters
bounding the Town of Shelter Island to a distance of 1,500 feet from
the shore, provided that they shall not apply to waters within or
bounding an incorporated village of the Town to a distance of 1,500
feet from the shore.
[Amended 10-12-1984]
As used in this chapter, the following terms
shall have the meanings indicated:
BOAT
Includes every vessel propelled and towed in any manner.
PERSONAL WATERCRAFT
A vessel which uses an inboard motor powering a water jet
pump as its primary source of motive power and which is designed to
be operated by a person sitting, standing or kneeling on or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel.
[Added 4-16-1996 by L.L. No. 6-1996]
WATERS OF THE TOWN OF SHELTER ISLAND
All waters and lands below the mean high water mark over
which the Town of Shelter Island has jurisdiction.
[Added 8-19-1988 by L.L. No. 2-1988]
[Added 2-5-2021 by L.L.
No. 1-2021]
A. Any Shelter Island resident may utilize and/or store a non-powered
boat in designated storage areas on Town property between April 1
and November 30 of each calendar year, provided that:
(1) The boat is not longer than 18 feet and not wider than eight feet;
(2) The boat is firmly anchored or secured;
(3) The boat displays current registration numbers, if applicable; and
(4) The boat properly displays a valid boat storage on Town property
permit sticker.
B. The Town shall issue a boat storage on Town property sticker on a
space-available basis to any resident of the Town of Shelter Island.
C. Fees for registration based upon the size of the boat shall be determined
by Town Board resolution.
D. The license shall be valid for a single calendar year.
E. By resolution, the Town Board shall determine the total number of
permits that may be issued island wide or at any particular location.
F. The Bay Constable shall determine the number of boats that may be
stored in any designated storage area.
G. Boat trailers shall not be parked on Town property for more than
24 consecutive hours and shall not block access to any ramp or other
public access to the water.
H. Any boat or trailer left on Town property between December 1 and
March 31 of any year or that does not otherwise comply with the provisions
of this section may be removed and impounded by the Town without prior
notice. Ownership of boats unclaimed after such period shall vest
in the Town, which may sell the property at public auction to recover
removal and storage costs.
No boat propelled other than by hand shall cruise
or be operated within 100 feet of any lifelines or bathing float or,
if there are no lifelines or bathing float, then within 100 feet of
any public or semipublic beach regularly used for bathing or swimming,
except that such boat may approach or depart perpendicularly to such
beach at a rate not to exceed five miles per hour solely for the purpose
of commencing or ending the ride.
No person shall operate a boat propelled wholly
or partly by an engine operated by the explosion of gas, gasoline,
naphtha or other substance without having the exhaust from the engine
run through a muffling device so constructed and used as to muffle
the noise of the exhaust in a reasonable manner.
[Added 4-16-1996 by L.L. No. 6-1996]
A. Legislative intent. It is the intent of these regulations
to maximize the public's use and enjoyment of the waterways of the
Town of Shelter Island in a safe and responsible manner and to protect
the shallow marine areas while protecting the health, safety and welfare
of all the people of the Town of Shelter Island.
B. Regulations.
(1) No person shall operate a personal watercraft unless
each person riding on or towed behind such vessel is wearing a life
jacket (Type I, II, III or V) approved by the United States Coast
Guard.
(2) No person shall operate a personal watercraft unless
such vessel is equipped and fitted with a United States Coast Guard
approved device for arresting carburetor backfire.
(3) No person shall operate a personal watercraft unless
such vessel is equipped with at least two ventilators fitted with
cowls or their equivalent for the purpose of properly and efficiently
ventilating the bilges of every engine and fuel tank compartment in
order to remove any inflammable or explosive gases.
(4) Any person operating a personal watercraft equipped
by the manufacturer with a lanyard-type engine cutoff switch shall
attach such lanyard to his or her person, clothing or personal flotation
device as is appropriate for the specific vessel.
(5) No person shall operate a personal watercraft at any
time between the hours from 1/2 hour after sunset to 1/2 hour before
sunrise.
(6) No person shall operate a personal watercraft within
500 feet of any bathing area or shoreline, except in bodies of water
where the opposing shoreline is less than 500 feet therefrom, or within
500 feet of a red flag with a diagonal white bar which, when displayed
on the water or from a boat, indicates underwater diving.
[Amended 8-4-2000 by L.L. No. 7-2000]
(6.1)
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Personal watercraft shall be operated at all
times in accordance with speed regulations and restrictions as provided
by local law or ordinance as posted on the waters, but in no event
at a speed in excess of 20 miles per hour. In addition, no personal
watercraft shall be operated at a speed exceeding five miles per hour
within 100 feet of an anchored or moored vessel. [Added 8-4-2000 by L.L. No. 7-2000;
amended 9-15-2000 by L.L. No. 10-2000]
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(7) Every personal watercraft shall at all times be operated
in a reasonable and prudent manner. Maneuvers which unreasonably or
unnecessarily endanger life, limb or property, including but not limited
to weaving through congested vessel traffic, jumping the wake of another
vessel unreasonably or unnecessarily close to such other vessel or
when visibility around such other vessel is obstructed, sudden turning,
stopping and rapidly accelerating and swerving at the last possible
moment to avoid collision, shall constitute reckless operation of
a vessel.
(8) Personal watercraft are prohibited from all creeks,
beaches and harbors within the Town except during transit to and from
waters shoreward of the following points: from Chequit Point to Poor's
Point in Dering Harbor; from the end of Shell Beach to Ward's Point
in West Neck Harbor; and from Reel Point to Sungic Point in Coecles
Harbor. In addition, personal watercraft may be launched from designated
launching sites or from private beaches with the property owner's
consent. "Transit" shall mean the safest and most direct route to
and from the launching site of the personal watercraft to or from
waters as specified above. Personal watercraft shall observe all speed
regulations during transit as provided by local law and ordinance
as posted on the waters, and at no time shall the speed of a personal
watercraft exceed 20 miles per hour.
[Amended 8-4-2000 by L.L. No. 7-2000; 9-15-2000 by L.L. No.
10-2000]
(9) Registration numbers on personal watercraft shall
be visible at all times and shall be in accordance with all applicable
federal and state regulations.
(10)
Personal watercraft shall comply in all respects
with all state and federal regulations.
Nothing herein contained shall prohibit the
Town Board of the Town of Shelter Island from issuing special permits
for aquatic events, boat races or otherwise under proper supervision
in limited areas for limited periods, after prior approval by the
United States Coast Guard.