[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duly adopted by the State of New York, then such conflicting sections or provisions shall be deemed to have been superseded accordingly.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:
MOTOR VEHICLE
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.
POWERBOAT
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.
[1]
Editor's Note: Amended at time of adoption of code (see Ch. 1, General Provisions, Art. I).
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:
(a) 
The entire length of the narrow channel between Canopus Island and the west shore.
(b) 
The cove bounded by Mahopac Point and the east shore of Fairy Island.
(c) 
No takeoff or landing is permitted from any area of a boat livery, hotel, association beach, public beach or similar area.
(3) 
No powerboat shall exceed the speed of five miles per hour in the areas described as follows:
(a) 
The entire length of the narrow channel between Canopus Island and the west shore.
(b) 
The cove bounded by Mahopac Point and the east shore of Fairy Island.
M. 
Restrictions for use of Long Pond.
(1) 
The operations of boats, floats, rafts or canoes by any kind of motor power whatsoever on the waters of Long Pond in the Town of Carmel is hereby prohibited.
(2) 
Boats of any kind may be operated only by hand power, such as oars or paddles.
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.
A. 
Any person convicted of a violation of this article or any section hereof shall be guilty of a violation punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.[1]
[1]
Editor's Note: Amended at time of adoption of code (see Ch. 1, General Provisions, Art. I).
B. 
The Police Department of the Town of Carmel or such other agency designated by the Town Board shall be charged with the enforcement of this article.