[Adopted 5-19-1959 by Ord. No. 30; amended in its entirety 9-24-2024 by L.L. No. 19-2024]
It is hereby declared and found that activities on Boats and Vessels in waterways under the Village's jurisdiction that disturb the use and enjoyment of public spaces and private shorefront properties in the Village, including, but not limited to, the use, speed, and operation of Boats and Vessels, as well as the activities therein, and the moving, Mooring, and Anchoring of Boats and Vessels, are matters that affect the public health, safety, and welfare that require regulation and control to safeguard the public.
The following rules, regulations, and restrictions shall apply to all waters and waterways which are subject to the jurisdiction of the Village and to all beaches which are subject to the jurisdiction of the Village 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 applicable to the Channel Systems, relative to the rules for vessels passing each other, as to lights on Vessels and other matters consistent with the proper use of the Channel Systems, shall be complied with by all Vessels navigating said systems.
A.
Except as provided in Subsection B, or by a Mooring permit issued by the Village Clerk to a resident of the Village, Boats or Vessels shall not Moor or Anchor in waters under the Village's jurisdiction.
B.
In the following circumstances, Boats and Vessels are permitted to Moor or Anchor in waters under the Village's jurisdiction:
(1)
In the case of an emergency arising out of the perils of the sea.
(2)
In the case of disablement.
(3)
When Moored on a Mooring assigned to that particular Boat or Vessel by the Coast Guard.
(4)
When Anchored for the purpose of taking shellfish pursuant to a permit issued by the unit of government having title to the bed of the waters where the Boat is Anchored, provided that the Boat or Vessel shall be Anchored not less than 100 feet from the shore measured from the mean high-water mark.
(5)
When the Boat Owner has a Mooring permit issued pursuant to Subsection A, and such Boat or Vessel is Moored or Anchored not less than 750 feet from the shorefront measured from the mean high-water mark in the following areas:
(a)
The area within 750 feet of the tip of the point known as "Barkers Point," measured along the shore and extending into the waters along a line at right angles to the shore at the ends of the area on the shore.
(b)
The area within 750 feet of the spindle at the tip of the point known as "Sands Point," measured along the shore and extending into the waters along a line at right angles to the shore at the ends of the area on the shore.
(c)
The area within 750 feet of the tip of the point known as "Prospect Point," measured along the shore and extending into the waters along a line at right angles to the shore at the ends of the area on the shore.
(6)
In an area or areas in which the Village Board, by resolution, from time to time may find it unnecessary to control water pollution from human waste or shall allow the Mooring or Anchoring of Boats.
(a)
When Anchored on a temporary visit to a dwelling located on the shorefront, with permission of the owner to visit the dwelling, and Anchored in front of the land upon which the dwelling is located.
C.
Boats or Vessels shall not Moor or Anchor so as to endanger the safety of or cause damage to any Boat or Vessel previously Anchored or Moored, nor so as to interfere with the Mooring of any Boat previously laid down. Any Boats or Vessels so Moored or Anchored shall be removed by the Boat Owner or person in charge thereof on order of the Village Board or other duly authorized officer or agent thereof. If said Boat is not removed after order is given to so remove it, it may be removed by or at the direction of the Village Board or any duly authorized officer or agent thereof, at the expense of the Boat Owner or person in charge of said Vessel.
D.
No Vessel or Boat shall be Moored on any waterway within the Village or within the jurisdiction of the Village so that such Vessel or Boat or any part or projection thereof extends into the waterway more than 1/4 of the width of such waterway as measured between the mean low-water lines along the waterway at the point or place that such Vessel or Boat is Moored. This subsection shall apply only to such points or places along the waterways within the Village or within the jurisdiction of the Village where the waterway is less than 100 feet in width as measured from the mean high-water line at the point or place to the closest point or place along the mean high-water line of the opposite bank, shore or bulkhead.
E.
Boats equipped with a marine toilet shall not Moor or anchor within 300 yards of the shore measured from the mean high-water mark in a designated federal anchorage area unless the marine toilet shall be equipped with a U.S. Coast Guard Certified Marine Sanitation Device.
Any Boat or Vessel which becomes a menace to navigation or unseaworthy or which sinks, grounds, or becomes otherwise disabled shall be removed by the Boat Owner or person in charge thereof on order of the Village Board or any duly authorized officer or agent thereof. If said boat is not removed after an order is given to so remove it, it may be removed by or at the direction of the Village Board or any duly authorized officer or agent thereof, at the expense of the Boat Owner or person in charge of said Vessel.
A.
No Boat or Vessel shall be landed or shall be tied up or made fast on or to any property of the Village. The Village Board or any duly authorized officer or agent may cause any Boat landed, tied up or made fast to any Village property to be removed at the expense of the Boat Owner or person in charge of such Boat.
B.
No Boat or Vessel shall be landed or shall be tied up or made fast on or to any private property without the written permission of the Boat Owner of such property. Failure of a person to produce such written permission on demand shall constitute presumptive evidence that such person has not obtained such permission.
C.
No Boat or Vessel shall be landed or shall be tied up or made fast on or to the bed of any waterway between low-water line and mean high-water line. This subsection shall not apply to the owner of the abutting land above mean high-water mark.
A.
Every person operating a Boat shall at all times operate the same in a careful and prudent manner and at such rate of speed as not to disturb the reasonable comfort or endanger the property of another or the life or limb of any person or to interfere with the free and proper use of water of a Channel.
B.
Neither the Boat Owner, nor any person onboard any Boat or Vessel, shall use or permit to be used an air horn, any noise-producing or noise-amplifying device, or engage in any activity that creates noise, or cause any noise, whether or not by mechanical device or by activities occurring on a Boat or Vessel in a manner that:
(1)
Endangers the safety or health of any person;
(2)
Endangers personal or real property;
(3)
Disturbs the reasonable quiet, comfort, or repose of occupants of adjacent Vessels or persons at adjacent shorefront residences or on the public shorefront;
(4)
Disturbs a reasonable person of normal sensitivities within the jurisdiction of the Village;
C.
Neither the Boat Owner nor any person onboard any Boat or Vessel shall use, or permit to be used, any radio or television, loudspeaker, sound amplifier, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound while such Boat or Vessel is traveling through, Moored, or Anchored in Village waters that is audible at the shorefront. The operation of any radio or television, loudspeaker, sound amplifier, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound while such Boat or Vessel is traveling through, Moored, or Anchored in Village waters so as to be audible on the adjacent shorefront shall be prima facie evidence of a violation of this section.
A.
It shall be unlawful to operate a Boat or Vessel at a Boat Speed greater than five miles per hour or at a Boat Speed which generates a wake.
B.
Every person operating a Boat or Vessel shall at all times operate the same in a careful and prudent manner and at such a rate of Boat Speed as to not disturb the reasonable comfort of the occupants of other Boats or Vessels or endanger the property of another or so as to interfere with the free and proper use of the waters.
Waterskiing, aquaplaning, or similar activities are hereby prohibited.
The racing of power-driven Boats of any type is prohibited unless written permission shall have been received from the Village Board. The application therefor shall state the time and place of the proposed race or races, the type of Boat participating therein, the course and the type and kind of race to be conducted.
The Police Department of the County of Nassau, the Harbor Patrol of the Town of North Hempstead, the Police Department of Sands Point, or any other state or local law enforcement agency directed or designated by the Police Department of Sands Point are hereby empowered to enforce the provisions of this article, and every person in charge of the Vessel navigating or using the waterways of the Village and the waterways within 1,500 feet of the shore of the Village shall at all times obey the lawful orders of such police authorities. Such patrolmen shall have the right to stop any Vessel navigating or using the waterways of the Village and the waterways within 1,500 feet of the shoreline of the Village for the purpose of enforcing this article.
Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not less than $300 and no more than $1,000 for each violation regardless of any convictions for prior violations. If the violation is of a continuing nature, each hour during which any of these offenses occurs shall constitute an additional, separate, and distinct offense.