[Adopted 6-12-1985 (Ch.
11 of the 1972 Code)]
A.
It is the intent and purpose of this article to safeguard
and promote the health, safety and welfare of the residents and inhabitants
of the Town of Carmel by regulating the anchoring, docking, mooring,
operation and speed of all boats or watercraft of any kind which are
propelled in any manner other than by hand (with the exception of
boats propelled solely by a sail or sails) upon and the use of any
of the lakes or bodies of water, not privately owned, within the Town
of Carmel.
B.
In adopting this article, the Town Board recognized
that the State of New York has effected certain controls relating
to boats on navigable waters and otherwise, and the Town Board does
not presume to preempt such authority. If any of the sections or provisions
of this article conflict with the laws, rules or regulations duly
adopted by the State of New York, then such conflicting sections or
provisions shall be deemed to have been superseded accordingly.
C.
Nothing contained in this article shall be construed
to limit, abate, abridge or restrict the power or authority of the
State of New York or any of its duly constituted agencies in the matters
embraced herein.
As used in this article, the following terms
shall have the meanings indicated:
Every vehicle which is propelled by any power other than
muscular power, except snowmobiles (as defined in the Vehicle and
Traffic Law of the State of New York), excluding fire and police vehicles.
Includes any vessel other than one operated by hand or sail.
No boat or watercraft of any kind propelled
in any manner other than by hand (except sailboats) shall be anchored,
docked or moored within a distance of 1,500 feet of the shore of any
of the lakes or bodies of water, not privately owned, within the Town
of Carmel, unless such boat or watercraft shall have been duly registered
and numbered pursuant to §§ 2251 and 2254 of the Vehicle
and Traffic Law of the State of New York. Such registration shall
be in proper form, force and effect at all times during the anchoring,
docking or mooring of such boat or watercraft.
A.
No boat or watercraft of any kind propelled in any
manner other than by hand (except sailboats) shall be anchored, docked
or moored within a distance of 300 feet of the shore of any of the
lakes or bodies of water, not privately owned, within the Town of
Carmel, except those actually owned by the owner or lessee of the
property and the members of his family where such boat or watercraft
are anchored, docked or moored. The temporary anchoring or mooring
of any boat or watercraft while the occupants are engaged in fishing
is prohibited within a distance of 100 feet of the shore.
B.
The provisions of this section shall not be deemed
to prohibit:
(1)
The temporary anchoring, docking or mooring of any
boat or watercraft for purposes of receiving or discharging passengers,
loading or unloading of fuel or supplies, visiting or repairs.
(2)
The anchoring, docking or mooring of boats or watercraft
owned by or in the possession of franchised dealers. The term "dealers"
shall include those engaged in the business of renting out for hire,
buying, selling and trading boats and watercraft of any kind.
(3)
The anchoring, docking or mooring of boats or watercraft
at the property of any duly established hotel, motel, inn or rooming
house when such boats or watercraft are owned by such hotel, motel,
inn or boardinghouse and are rented to or provided for the use of
bona fide guests thereof only and are not rented to or provided generally
for transient or public use.
Nothing herein contained shall be deemed to
modify any of the provisions of any other chapter or local law.
A.
No powerboat shall be operated or driven upon any
waterway of the Town in other than a careful and prudent manner. Such
operation shall not endanger the life or limb of any person and shall
not interfere with the free and proper use of such waterway by others.
B.
Upon approaching a canoe, rowboat or sailboat or vessel
being used for fishing, every operator of a powerboat shall reduce
its speed so as not to endanger the safety of the other vessel, its
occupants or fishing equipment, within a reasonable distance from
a fishing vessel.
C.
No anchored or drifting boat being used for fishing
or otherwise shall obstruct the entranceway to any channel or any
public or private dock.
D.
No powerboat shall be operated within 100 feet of
the shore of any waterway of the Town at a speed in excess of five
miles per hour, and said one-hundred-foot boundary shall be marked
clearly by buoys.
[Amended 5-21-2003 by L.L. No. 6-2003]
E.
The use of any boat with sleeping accommodations and/or
cooking equipment and/or toilet facilities shall be prohibited upon
any waterway of the Town.
F.
No person or persons shall be permitted to swim or
wade a distance of more than 100 feet out from shore at any point
unless accompanied by a lifeboat other than a canoe or inflated rubber
craft. Said lifeboat must have an occupant and keep within 15 feet
of the swimmer.
G.
Any child up to and including the age of eight years
who is an occupant of any watercraft shall wear a life preserver at
all times.
H.
The speed of any boat shall not exceed 10 miles per
hour between sundown and sunrise. All boats shall display navigation
lights at night in accordance with the New York State Navigation Law.
I.
The operator of a boat towing a skier or aquaplaner
shall not come closer than 300 feet to shore and/or dock and/or another
boat, except for taking off. No skier or aquaplaner shall come closer
than 300 feet to shore or dock or another boat, except when taking
off.
J.
The operation of a powerboat towing a person or persons
using a hang glider shall be prohibited at all times.
K.
The operation of a type of powerboat commonly called
a "watercycle" shall be prohibited at all times.
L.
Restrictions for use of Lake Mahopac.
(1)
On Saturdays, Sundays and holidays from Memorial Day
to Labor Day, skiing and/or aquaplaning shall be prohibited in the
following described area on Lake Mahopac, except that private property
owners who have boats kept in this area may take off but must immediately
proceed to the other area of the lake at a minimum speed and with
caution before doing any practice, instruction or exhibit skiing and/or
aquaplaning. The area so restricted is described as follows:
(a)
All of the Hotel Mahopac cove to a line running
from the most northerly end of Mahopac Point due east to the east
shore of Lake Mahopac.
(2)
Skiing and/or aquaplaning shall be prohibited at all
times in the following areas of Lake Mahopac:
No person shall operate or permit to be operated
any motor vehicle on any frozen lake or body of water in the Town
of Carmel. This prohibition shall not prevent the operation of a motor
vehicle while actually engaged in plowing snow off of an area of such
lake or body of water for recreational purposes.
No person shall throw or discharge into any
of the waters of the Town of Carmel any litter, waste, refuse, garbage,
rubbish or any noxious or offensive matter or any matter which would
tend to pollute such waters.
Violations of any provisions of the New York
State Navigation Law which may apply shall be a violation of this
article. A copy of the New York State Navigation Law and a state registration
certificate shall be kept in every powerboat while the boat is in
operation and use.
The exhaust of every powerboat operated or driven
on any waterway of the Town shall be effectively muffled. The use
of cutouts is prohibited.
