[Adopted 10-4-1960]
A.
This article shall be known as the "Boat Ordinance
of the Town of Southold."
B.
The following rules and regulations shall apply to
all waters within the Town of Southold and to all waters bounding
the Town of Southold to a distance of 1,500 feet from the shore; provided,
however, 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 or to waters to a distance of 1,500 feet of Fishers Island.
[Amended 7-22-1997 by L.L. No. 19-1997]
For the purpose of this article, the terms used
herein are defined as follows:
To secure a vessel to the bottom by employing an anchor which
is removed from the bottom every time the vessel is underway.
[Added 4-25-2023 by L.L. No. 10-2023]
Every description of watercraft or artificial contrivance
used or capable of being used as a means of transportation on water.
[Amended 5-19-1987 by L.L. No. 5-1987; 4-25-2023 by L.L. No. 10-2023]
The practice of riding on the bow of a vessel when such vessel
is not equipped by the manufacturer with facilities for riding on
the bow while said vessel is underway.
[Added 8-28-1990 by L.L. No. 17-1990]
The bed of a natural waterway with well-defined banks presenting
the evidence of the flow of tidal waters and commonly or usually traversed
by watercraft; and, in addition, refers to man-made or stabilized
waterways designed for the navigation of watercraft. For the purpose
of this article, boat basins and bathing areas are included in the
"channel system."
[Added 8-28-1990 by L.L. No. 17-1990]
Any of a number of different mechanical or cable-like systems
the intended purpose of which is to permit the securing of a boat
to a fixed location. Said system typically consists of an anchoring
device (mushroom or other) which is placed on the bottom of the harbor
and is connected to a floating device (i.e., ball) by cables and/or
lines.
[Added 5-10-1983 by L.L. No. 5-1983; amended 6-2-1992 by L.L. No. 12-1992]
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 4-6-1993 by L.L. No. 4-1993]
A vessel which is powered by an outboard motor or a propeller-driven
motor 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 4-6-1993 by L.L. No. 4-1993]
The securing of a boat in a harbor on a temporary basis by
means of an anchor carried aboard the boat.
[Added 5-10-1983 by L.L. No. 5-1983]
[Amended 8-10-1971; 4-25-2023 by L.L. No. 10-2023]
A.
Discharge
of toilets is prohibited in the waters of the Town of Southold.
B.
Dumping
or discharging petroleum products, refuse, garbage or waste, either
liquid or solid, or emptying swimming pools in the waters and wetlands
of the Town of Southold is prohibited.
C.
Discharge
into waters and wetlands. The installation, construction or maintenance
of any discharge device, discharge system or gravity-dependent outflow
pipe that is determined to be permanent ancillary component of any
area, use or structure which effects the discharge of swimming pool
effluent, stormwater runoff or any other liquid effluent into the
surface waters or wetlands of the Town of Southold by any property
owner, swimming pool maintenance company, home improvement contractor
or any other agent of a property owner shall be deemed a violation
of this chapter.
[Added 8-28-1990 by L.L. No. 17-1990]
A.
Any boat which becomes a menace to navigation or unseaworthy
or sinks, grounds or otherwise becomes disabled or incapable of navigation
shall be removed or restored to navigable condition by the registered
owner upon notice from the Southold Town Board or its designated agent,
which notice shall be either by personal service or by certified mail
addressed to the registered owner's last known address as given by
him or as stated in his certificate of registration.
[Amended 8-26-1976 by L.L. No. 3-1976]
B.
If such boat is not removed or restored to navigable
condition by the owner within one week after the mailing of said notice,
the Southold Town Board or its designated agent may direct the removal
or destruction of the boat, and the cost of said removal, including
storage charges, shall attach to and shall become a lien upon said
boat, and said boat may be sold, upon direction of the court, at public
auction to defray said expenses, any surplus being returned to the
owner of record. The Town shall not be liable for any damage done
to said boat during its removal, storage and sale.
[Amended 8-28-1990 by L.L. No. 17-1990]
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,
nor shall such boat cruise or be operated in excess of five miles
per hour within 50 feet of any person bathing or swimming or an anchored
or moored boat.
A.
No person shall operate a vessel for towing a person
on water skis, a surfboard, inflatable, parasail or similar device
unless there is in such boat or vessel a person, other than the operator,
of at least 10 years of age, in a position to observe the progress
of the person being towed.
[Amended 3-7-1961; 4-25-2023 by L.L. No. 10-2023]
B.
No person shall be towed on water skis or a surfboard,
inflatable, parasail or similar device or use or operate a boat to
tow a person thereon between the period from sunset to one hour after
sunrise or during periods of limited visibility.
[Amended 3-7-1961; 4-25-2023 by L.L. No. 10-2023]
C.
Permitted areas. No person shall be towed on water
skis, surfboard, inflatable, parasail, or similar device or use or
operate a boat to tow a person thereon in any channel or within 150
feet of any public or semipublic bathing beach or public dock or within
50 feet of any swimmer or bather or moving or anchored boat, nor shall
any such persons engaged in such activities come within 300 feet of
the shoreline unless they approach or depart perpendicularly to or
from the shoreline solely for the purpose of commencing or ending
the ride.
[1]
Editor's Note: Former Subsection C(2), regarding
Hay Harbor, added 5-20-1992 by L.L. No. 10-1992, which immediately
followed this subsection, was repealed 7-22-1997 by L.L. No. 19-1997.
D.
No person shall be towed on water skis, surfboard,
inflatable parasail or similar device, unless such person is wearing
a Coast Guard approved personal flotation device of Type I, II or
III.
[Added 8-28-1990 by L.L. No. 17-1990[2]]
[2]
Editor's Note: Former Subsection E, regarding towing between
sunset and sunrise, which immediately followed this subsection, was
repealed 4-25-2023 by L.L. No. 10-2023.
A.
The Town Board of the Town of Southold may, by resolution,
limit the speed of boats in any waters to which this article applies
and shall cause notice of such speed limit to be posted at appropriate
places in the areas affected. Any person who shall operate a boat
in such areas at a greater speed than the speed specified in such
notice shall be deemed to have violated this article.
B.
Every person operating a boat shall at all times operate
the same in a careful and prudent manner and at such a rate of speed
as not to unreasonably interfere with the free and proper use of the
waters or unreasonably endanger any person or property.
C.
Except where lower maximum speed limits have been
posted, no boat shall be operated in excess of 45 miles per hour in
the waters of the Town of Southold.
[Added 6-29-1988 by L.L. No. 17-1988]
D.
No boat shall be operated in such a manner as to throw
up a wake which could be dangerous to life or limb of a person, boat
or other property.
[Added 8-28-1990 by L.L. No. 17-1990]
E.
All commercial jet ski or commercial windsurfing operators
shall provide a patrol boat (other than a jet ski or windsurfer) which
must be operational and manned at all times for the purpose of controlling
their clientele.
[Added 8-28-1990 by L.L. No. 17-1990]
F.
All commercial jet ski and windsurfer operators shall
require their clientele to wear United States Coast Guard approved
personal flotation devices of Type I, II or III.
[Added 8-28-1990 by L.L. No. 17-1990]
[Added 5-19-1987 by L.L. No. 5-1987]
A.
All pleasure vessels and uninspected commercial vessels
shall be equipped and lighted while under way or at anchor with any
person aboard, as required under the Federal Boat Safety Act of 1971,
as amended, and the regulations adopted pursuant thereto and contained
in Title 46 of the Code of Federal Rules, Subchapter C, Parts 24,
25 and 26, and pursuant to the provisions of § 40 of the
Navigation Law of the State of New York. Failure to comply with the
equipment and lighting requirements as set forth above shall be a
violation of this chapter.
B.
The provisions of this section shall not apply to
vessels competing in duly authorized regattas and trials preceding
such regattas.
C.
In addition to the penalties provided for in this
chapter, the Harbor Master has the authority to take the following
actions for violations in this section:
[Added 8-28-1990 by L.L. No. 17-1990; amended 4-25-2023 by L.L. No. 10-2023]
[Added 5-19-1987 by L.L. No. 5-1987; amended 4-6-1993 by L.L. No. 4-1993]
A.
No person under the age of 18 years shall operate
a motorized vessel on the navigable waters of the Town of Southold
unless:
[Amended 4-25-2023 by L.L. No. 10-2023]
(1)
The operator who is under the age of 18 is accompanied
therein by a person who is 18 years of age or older and is a holder
of a boating safety certificate issued by the New York State Commissioner
of Parks, Recreation and Historic Preservation, the United States
Power Squadrons, the United States Coast Guard Auxiliary, or the United
States Sailing Association for a Power Boating Course approved by
the Commissioner; or
(2)
The operator is 10 years of age or older and is the
holder of a boating safety certificate issued to him by the New York
State Commissioner of Parks, Recreation and Historic Preservation,
the United States Power Squadrons, the United States Coast Guard Auxiliary,
or the United States Sailing Association for a Power Boating Course
approved by the Commissioner.
B.
The failure of a person specified in § 96-15A hereof to exhibit a boating safety course certificate upon demand to any peace officer, police officer or other person having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate.
[Amended 4-25-2023 by L.L. No. 10-2023]
C.
No person who is the owner of a motorized vessel shall knowingly authorize or permit operation in violation of § 96-15 of this chapter.
[Amended 4-25-2023 by L.L. No. 10-2023]
D.
No person shall operate a vessel while in an intoxicated
condition or while his ability to operate such a vessel is impaired
by the consumption of alcohol or by the use of a drug.
E.
All commercial jet ski or commercial windsurfing operators
shall provide a patrol boat (other than a jet ski or windsurfer) which
must be operational and manned at all times for the purpose of controlling
their clientele.
F.
All commercial jet ski and windsurfer operators shall
require their clientele to wear United States Coast Guard approved
personal flotation devices of Type I, II or III.
[Added 4-6-1993 by L.L. No. 4-1993]
A.
No person shall operate a personal watercraft or a
specialty prop-craft unless each person riding on or towed behind
such vessel is wearing an offshore life jacket (Type I, II, III or
V) approved by the United States Coast Guard.
B.
No person shall operate a personal watercraft or a
specialty prop-craft unless such vessel is equipped and fitted with
a United States Coast Guard approved device for arresting carburetor
backfire.
C.
No person shall operate a personal watercraft or a
specialty prop-craft 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; provided, however, that if the vessel is so constructed as
to have a greater portion of the bilges under the engine and fuel
tanks open and exposed to the natural atmosphere at all times, such
vessel need not be required to be fitted with such ventilators.
D.
Any person operating a personal watercraft or a specialty
prop-craft 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.
E.
No person shall operate a personal watercraft or a
specialty prop-craft at any time between the hours from 1/2 hour after
sunset to 1/2 hour before sunrise.
F.
No person shall operate a personal watercraft or a
specialty prop-craft within 500 feet of any designated bathing area,
except in bodies of water where the opposing shoreline is less than
500 feet from such designated area and in accordance with speed regulations
and restrictions as provided by local law or ordinance, but in no
event at a speed in excess of 10 miles per hour; provided, however,
that nothing contained in this subsection shall be construed to prohibit
the launching of such vessel from designated launching areas or sites.
G.
Every personal watercraft and specialty prop-craft
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, and swerving at the last possible
moment to avoid collision, shall constitute reckless operation of
a vessel.
H.
The provisions of this section shall not apply to any performer engaged in a professional exhibition or any person preparing to participate or participating in a regatta, race, marine parade, tournament or exhibition authorized under § 96-18 of this chapter.
I.
All persons operating a personal watercraft or a specialty
prop-craft must comply with all applicable provisions of New York
State Navigation Law § 49.
[Added 1-16-2007 by L.L. No. 3-2007]
A.
No boat propelled by an internal-combustion engine
shall be operated on any inland fresh waters in the Town of Southold
except in emergency or rescue operations or by peace officers in the
performance of their duties.
[Added 8-10-1971]
B.
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.
Nothing herein contained shall prohibit the
Town Board of the Town of Southold from issuing special permits for
aquatic events, boat races or other such events under proper supervision
in limited areas for limited periods.
[Added 4-6-1993 by L.L. No. 4-1993]
No person shall swim or bathe in the mouth of
Mattituck Inlet between areas designated by buoy Nos. 3 and 5.
[Added 4-6-1993 by L.L. No. 4-1993]
A.
Scuba diving shall include any person who surface
dives to explore underwater, hunt, fish or photograph while using
any self-contained underwater breathing apparatus, but shall not include
bona fide salvage operations displaying proper signals.
B.
Scuba diving is prohibited in the entire area of the Mattituck Inlet or in any waters where the same may interfere with the reasonable and proper operations of boats or within 150 feet of any public bathing or swimming area except for duly licensed commercial shellfish harvesters who shall comply with the regulations of Subsection C below.
C.
No person shall engage in scuba diving without displaying
the international diving flag or authorized skin diving flag of suitable
size adequately displayed by a float, buoy or boat at all times and
without a person of suitable age and discretion, other than the skin
diver, in a position as lookout. Such person shall not permit such
diving flag to remain in any area unless such person is actually scuba
diving in the area at the time.
[Added 4-6-1993 by L.L. No. 4-1993]
No person shall discharge any apparatus designed
for use in spearfishing within 200 feet of any lifelines or bathing
floats or, if there are no lifelines or bathing floats, then within
200 feet of any public or semipublic beach regularly used for bathing
or swimming or within 150 feet of any person bathing or swimming.
[Added 5-10-1983 by L.L. No. 5-1983; amended 7-31-1973 by L.L. No. 1-1973]
No boat shall be so moored or anchored that
it at any time rests within any channel or interferes with the full
use of such channel, nor shall any boat be moored or anchored within
50 feet of any dock, pier or other boat docking facilities.
[Added 5-10-1983 by L.L. No. 5-1983]
All boats owned by nonresidents of the Town
of Southold temporarily anchoring in Mattituck Creek shall anchor
only in the federal anchorage area located near the head of said creek.
The Town Board of Trustees shall cause said anchorage area to be suitably
designated by appropriate buoys or markers and shall also cause suitable
signs to be placed at appropriate locations in said creek to direct
boaters to such anchorage area.[1]
[1]
Editor's Note: Former § 32-39.2,
Anchoring and mooring West Harbor and Hay Harbor, added 5-10-1983
by L.L. No. 5-1983, as amended, which previously followed this subsection,
was repealed 7-22-1997 by L.L. No. 19-1997.
[Added 4-5-1994 by L.L. No. 3-1994]
A.
The Town of Southold permits the installation of moorings
for boats in specified locations of Town waters. The use of moorings
has increased to such an extent that the number of moorings has begun
to impair the fragile marine environment in the surrounding Town waters.
The Town Board therefore declares it to be the policy of the Town
to restrict and regulate the issuance of mooring permits as described
herein.
B.
Resident mooring permit.
(1)
A resident mooring permit shall be issued by the Town
Trustees to all persons who are qualified residents of the Town of
Southold. Persons applying for a resident mooring permit shall be
requested to sign an application in affidavit form and submit for
inspection one of the following as proof of residence:
(a)
A valid tax receipt stub for the current year
for any taxable real property within the Town of Southold assessed
in the name of the applicant.
(b)
A valid motor vehicle registration in the name
of the applicant and to an address located within the Town of Southold
or to an address corresponding to the address of a validated tax receipt
stub for the current tax year for any taxable real property within
the Town of Southold affixed to the application.
(c)
Such other proof of residence as is satisfactory
to the Town Trustees.
(2)
The Town Trustees shall inspect such application to
determine that the applicant is a qualified resident of the Town.
Upon approval of the application, resident mooring permit stickers
shall be issued. One sticker shall be placed on the mooring, and one
sticker shall be placed on the boat secured to said mooring.
C.
Lessee mooring permit.
(1)
A lessee mooring permit shall be issued by the Town Trustees to all persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in Subsection B hereof. Persons applying for a lessee mooring permit shall present an application in affidavit form, signed by the lessee and the owner of the property, setting forth:
(2)
Upon a determination by the Town Trustees that the
applicant is entitled to a lessee mooring permit, such permit stickers
shall be issued and affixed to the mooring and boat in the same manner
as provided for resident permit stickers.
[Added 4-5-1994 by L.L. No. 3-1994]
A.
No person shall install or use a mooring in Town waters
without a mooring permit issued by the Board of Trustees of the Town
of Southold.
B.
Any mooring without such a permit shall be removed
upon notice from the Southold Town Trustees or its designated agent,
which notice shall be by written notice posted on the mooring and
on any boat attached to said mooring.
C.
If such mooring is not removed by the owner within
30 days after the posting of said notice, the Southold Town Trustees
or its designated agent may direct the removal or destruction of the
mooring and the cost of said removal, including storage charges for
any boats attached thereto, shall attach to and shall become a lien
upon said property, and said property may be sold, upon direction
of the court, at public auction to defray said expenses, any surplus
being returned to the owner of record. The Town shall not be liable
for any damage done to said mooring or any attached boat during its
removal, storage and sale.
