[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 11-13-1959 by Ord. No. 27; amended in its entirety 3-16-1968. Section
187-19A amended at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
This chapter shall be known as the "Waterways Ordinance of the Village
of Westhampton Beach."
It is hereby declared and found that the operation of boats in the waters
or waterways of the Village of Westhampton Beach is a matter affecting the
public interest and consequently should be subject to the supervision and
administrative control of municipal authority for the purpose of safeguarding
the public.
The following rules and regulations shall, except when prohibited by
the laws of the United States, apply to all waters or waterways in the Village
and to all waters or waterways adjacent, to a distance of 1,500 feet from
the shore.
All provisions of the Navigation Law of this state, 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,
as to lights on vessels and other matters consistent with the proper use of
the channel systems, shall be complied with by all vessels navigating said
systems.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes every vessel propelled in any manner, other than by hand,
but shall not be deemed to include vessels of the United States or of the
State of New York or of any municipality therein. By way of illustration,
not limitation, a "boat" includes jet skis, personal watercraft and outboard
and inboard power boats.
[Amended 4-14-1989 by L.L.
No. 4-1989]
Main channels, cross channels connecting with them, basins and bathing
areas.
Includes the person under whose name the vessel was last registered
with the United States Coast Guard or with the Conservation Department of
the State of New York and, in any other case, the last known owner or the
person who claims lawful possession of such vessel by virtue of legal title
or equitable interest therein which entitles him to such possession.
Includes any person swimming with the intent to explore or photograph
in local waters or to hunt fish therein, including any person using any self-contained
underwater breathing apparatus commonly known as an "Aqualung," but shall
not include bona fide salvage operations displaying proper signals.
A.
Discharging of toilets is prohibited in areas which hereafter,
by resolution of the Board of Trustees, may be designated and posted as a
basin, dock or bathing area, and, by like resolution, toilets may be required
to be sealed while a boat is within any municipal yacht basin.
B.
Dumping of oil, refuse, garbage or waste in channel systems
is prohibited.
A.
Boats shall not moor or anchor in a channel, and in no
case shall vessels moor to or anchor within 50 feet of the channel marker
or so as to interfere with the full use of the channel.
B.
Boats shall not moor or anchor so as to endanger the
safety of, or cause damage to, any boat previously anchored or moored nor
so as to interfere with the mooring of any boat previously laid down. Any
boats so moored or anchored shall be removed by the owner or person in charge
thereof on order of the Village Board or any duly authorized officer or agent
thereof or member of the Village Police. If said boat is not removed after
orders to so remove it, it may be removed by or at the direction of the Village
Board or any duly authorized officer or agent thereof or member of the Village
Police, at the expense of the owner or person in charge of said vessel to
be enforced by civil suit.
Any vessel which becomes a menace to navigation or unseaworthy or which
sinks, grounds or becomes otherwise disabled shall be removed by the owner
or person in charge thereof on order of the Village Board or any duly authorized
officer or agent thereof or member of the Village Police, at the expense of
the owner or person in charge of said vessel to be enforced by civil suit.
A.
No boat shall be operated at a greater speed than five
miles per hour within any waterway within the Village of Westhampton Beach,
except as is otherwise posted.
[Amended 4-14-1989 by L.L.
No. 4-1989]
B.
No boat or vessel propelled other than by hand shall
cruise or be operated within 100 feet of any lifelines or bathing float or,
if there be no lifeline or bathing float, then within 150 feet of any public
or semipublic beach regularly used for bathing or swimming, nor shall such
boat or vessel cruise or be operated in excess of five miles per hour within
50 feet of any person bathing or swimming, except where a channel approaches
the shoreline closer than 1/4 of a statute mile.
A.
No person shall moor or tie his boat, or cause or permit
his boat to be moored or tied, to any portion of the bulkhead on the east
side or north end of Moneybogue Canal for more than two continuous hours during
the day or more than three continuous hours at night. The word "night" in
the foregoing sentence shall mean those hours from official sunset to official
sunrise.
B.
No person shall moor or tie his boat, or cause or permit
his boat to be moored or tied, within five feet of any ladder or steps affixed
to the bulkhead on the east side or north end of Moneybogue Canal.
[Added 11-12-1982 by L.L.
No. 15-1982]
No person shall berth, moor or anchor any vessel or boat, whether or
not self-propelled, occupied as living or sleeping quarters on the waterways
of the Village of Westhampton Beach nor within the Village for more than 72
consecutive hours without first obtaining a permit from the Board of Trustees.
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 disturb
the reasonable comfort or endanger the property of another or the life or
limb of any person or so as to interfere with the free and proper use of the
waters of said channel.
No boat shall be operated in such a manner as to throw up a wake which
is dangerous to life or limb of a person, boats or other property.
No person shall operate a boat propelled wholly or partly by an engine
operated by gas, gasoline, naphtha, diesel oil or other substance without
having the exhaust from the engine run through a muffler or so controlled
by the introduction of water into the exhaust pipe or line so as to muffle
the noise of exhaust in a reasonable manner.
Nothing herein contained shall prohibit the Village Board from issuing
special permits for aquatic events, boat races or otherwise under proper supervision
in limited areas for limited periods.
A.
No skin diving shall be undertaken in any fairway or
channel or in any waters where the same may interfere with reasonable and
proper operation of boats or within 150 feet of any public or semipublic beach
regularly used for bathing and swimming or within 50 feet of any person bathing
or swimming.
B.
No person shall engage in skin diving without displaying
the international diving flag or authorized skin diving flag of suitable size
consisting of a red flag with a diagonal white stripe adequately displayed
by float, buoy or boat at all times and without a person of suitable age and
discretion other than the skindiver in a position as lookout.
No person shall use, operate or discharge under water any spear gun
or similar apparatus within 100 feet of any public or semipublic beach regularly
used for bathing or swimming or within 50 feet of any bather or swimmer.
The Police Department of the Village is hereby empowered to enforce
the provisions of this chapter, and every person in charge of a vessel navigating
or using the waterways of the Village shall at all times obey the lawful orders
of the members of such Police Department, and such officers shall have the
right to stop any vessel navigating or using the waterways of the Village
for the purpose of enforcing this chapter.
A.
Any person who violates any provision of this chapter
shall be punishable by a fine not to exceed $250. Any violation of this chapter
shall constitute disorderly conduct, and a person violating the same shall
be a disorderly person.[1]
B.
The Village Board may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance or to restrain by injunction the violation of this chapter.
