[HISTORY: Adopted by the City Council of the City of Saratoga Springs 5-18-1992. Amendments noted where applicable.]228a Regs for Use
Editor's Note: Minutes of the 3-1-1993 City Council meeting referred to the Saratoga Lake speed ordinance that was adopted in 1992 to establish a five-mile-per-hour no-wake speed zone in an area north and south of the Route 9P bridge. This has been approved by the state, and the ordinance will become effective with the 1993 boating season. An evaluation will be made at the end of the season to see if further amendments to the ordinance are necessary.
The provisions of this chapter are intended to regulate the speed and operation of vessels while being operated or driven upon any waters within the City of Saratoga Springs. This chapter is enacted in accordance with the provisions of § 46-a of the Navigation Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes every description of a floating craft or other contrivance used on or capable of being used as a means of transportation in the water.
No vessel shall be operated on any part of the following described waterways located within the City of Saratoga Springs: beginning at a point on the western shore of Saratoga Lake, said point being more specifically described as North 1,113,157, East 661,414; thence northeasterly along the western shore of Saratoga Lake and Fish Creek to a point, said point being more specifically defined as North 1,114,630, East 663,580; thence southeasterly along an azimuth of 54°, 09 minutes, to a point, said point being more specifically defined as North 1,114,235, East 664,115; thence southwesterly along the center line of Saratoga Lake and Fish Creek to a point more specifically described as North 1,112,937, East 662,178; thence easterly along an azimuth of 73°, 54 minutes, to the point or place of beginning (all coordinates refer to the New York State Plane Coordinate System, East Zone), in a manner or at a speed that causes a wake that unreasonably interferes with or endangers a dock, pier, raft, float, vessel or other property or endangers the health, safety and welfare of any person, but in no event at a speed exceeding five miles per hour.
The provisions of § 228-3 above shall not apply to any of the following:
Any person authorized to enforce the provisions of the Navigation Law may enforce the provisions of this chapter.
Any person who operates a vessel in violation of this chapter shall be guilty of a violation punishable to the same extent as a violation of § 45 of the Navigation Law of the State of New York.
The intent of this article is to establish a basis for permitting and regulating activity on any facility established by the City of Saratoga Springs for use by the public to launch vessels. Nothing in this article is to be construed as superseding any provision of the Navigation Law of the State of New York.
As used in this article, the following terms shall have the meanings indicated:
- PUBLIC LAUNCHING FACILITY
- Any facility established by the City of Saratoga Springs for use by individuals licensed by the City to launch vessels into a body of water.
- RESIDENT OF THE CITY
- Any individual who owns, or lawfully possesses for a period of three months or more, one or more residential dwelling units within the City.
No individual shall use any public launching facility without first obtaining a license therefor from the Commissioner of Accounts.
An application for a license to use a public launching facility shall be filed in the Office of the Commissioner of Accounts. The application shall be signed by the applicant and shall contain the following information:
The name, address, and telephone number of the applicant.
The name, address, and telephone number of each person in the applicant's household who will be using the public launching facility.
Satisfactory proof that the applicant is a resident of the City.
Any other information deemed necessary by the Commissioner of Accounts for the reasonable review of the application.
Upon review of the submitted application, and upon a finding that the applicant has provided all information required, the Commissioner of Accounts shall issue a license to the applicant. The Commissioner shall have authority to impose reasonable conditions on any license issued. The Commissioner shall also have authority to refuse to issue a license based upon a determination that the applicant has not satisfactorily met the requirements for same, or that the issuance of the license would adversely affect public health, safety, and welfare.
Every licensee under this article shall comply with regulations established by the City Council and incorporated as Addendum A of this article.
Editor's Note: Addendum A is included at the end of this chapter.
Fees under this article shall be as established from time to time by resolution of the City Council.
Any persons who, by himself or herself or by an agent or employee, shall conduct any activity described in this article without a license, or who shall violate any of the provisions of this article, or who, having had a license revoked or suspended, shall continue to conduct any activity described in this article, shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of the Code.