[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst:
Art. I, 8-28-1968 by Ord. No. 1-1968 as
Ch. 11 of the 1968 Code of the Village of Lindenhurst; Art. II, 4-29-1974
by resolution. Sections 39-3, 39-10 and 39-11 amended and § 39-13
added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
GENERAL REFERENCES
Waterways — See Ch. 189.
[Adopted 8-28-1968 by Ord. No. 1-1968
as Ch. 11 of the 1968 Code of the Village of Lindenhurst]
The following rules and regulations shall apply to all waters and waterways
within or adjacent to the Village of Lindenhurst or subject to its jurisdiction,
except when prohibited by the laws of the United States of America.
All provisions of the Navigation Law of the State of New York, 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, to the lights on vessels and other matters consistent
with the proper use of the Channel System, shall be complied with by all vessels
navigating said systems.
As used in this Article, the following terms shall have the meanings
indicated:
- BOAT
- Includes every vessel propelled in any matter other than by hand.
- WATER AND WATERWAYS
- Includes all creeks, canals, waterways and channel systems within or adjacent to the village. The waterways regulated by this Article are the navigable waters as defined in § 2 of the Navigation Law.[1]
Discharge of toilets, dumping of oil, garbage and other waste materials
and like acts are hereby prohibited in all water and waterways.
Every person operating a boat shall do so in a safe and prudent manner
so as not to endanger the safety or property of another.
The speed limit for all boats in any creek, canal or channel system
within the Village of Lindenhurst shall be five miles per hour. Boats shall
not exceed a speed of 12 miles per hour in open bay channel systems within
the jurisdiction of the village.
A.
Boats shall not moor, anchor, tie up or otherwise be
secured in any manner which shall endanger the life, limb or property of another,
nor in any manner interfere, obstruct or endanger free and clear passage of
boats along the creeks, canals and waterways of the village. Nothing in this
section shall be construed to interfere with or prevent the lawful use of
privately owned basins or slips.
B.
Boats shall not moor or anchor except at the edge of
the channel, and in no case shall vessels moor to or anchor within 50 feet
of the channel markers or so as to interfere with the full use of the channel.
Any vessel which becomes a menace to navigation or unseaworthy or sinks, grounds
or otherwise becomes disabled shall be removed by the owner or person in charge
thereof on order of the Board of Trustees of the village.
No person shall operate a boat propelled wholly or partly by an engine
operated by the explosion of gas, gasoline, naphtha, oil or other substance
without having the exhaust from the engine run through a muffler so constructed
and used as to muffle the noise of exhaust in a reasonable manner.
The Board of Trustees of the Village of Lindenhurst shall set aside
a portion or portions of the bulkheaded docks, piers or wharves owned by,
maintained by or under the jurisdiction of the Board of Trustees of the Village
of Lindenhurst as loading areas, at which areas persons not holding permits
as above specified may land their boats for the purpose of unloading and loading
passengers for periods not longer than one hour.
[Adopted 4-29-1974 by resolution]
In all cases where a boat is found to be berthed improperly at a village
docking space or facility, the following procedure shall be used:
A.
The name and address of the boat owner is to be obtained
from the New York State Department of Motor Vehicles or any other appropriate
agency which keeps such records.
B.
The boat owner is to be notified by mail (certified,
return receipt requested) that he is docked improperly and that the boat must
be removed within 24 hours from the date that the letter is mailed. A copy
of said notice shall also be placed immediately upon the boat itself or in
the immediate vicinity of the boat.
[Amended 6-3-1980 by resolution]
C.
If the boat owner fails to remove the boat within the
prescribed period of time, the Village Administrator Clerk will immediately
cause the boat to be removed from the village docking space and placed at
a storage site.
D.
The boat owner shall be advised of the boat's removal
and that the village will not assume responsibility for any damages to the
boat that occurs during the course of removal and storage.
E.
The boat owner may claim the boat within 14 days of its
removal upon payment to the Village Administrator Clerk's office of all
removal and storage fees. Removal, storage and administrative fees and costs
paid by the boat owner shall not exceed the actual costs incurred by the village
for removal of the boat.
[Amended 6-3-1980 by resolution]
F.
If the boat remains unclaimed after the fourteen-day
storage period, the Village Administrator Clerk will advise the Village Attorney,
so that appropriate legal action may be recommended.
[Added 6-3-1980]
The provisions of this Article shall cover all village-owned or village-controlled
properties and shall apply year round.
Any person or persons, firm, association or corporation violating this
Article shall be liable for and forfeit and pay for each violation thereof
a sum of not less than $250 nor more than $1,000 for a first offense, and
such fine or imprisonment for up to one year, or both, for a second or subsequent
offense.
