[HISTORY: Adopted by the Board of Trustees of the Village of Amityville 12-14-2009 by L.L. No. 62-2009. Amendments noted where applicable.]
Editor's Note: This local law provided that it shall take effect on 1-2-2010, subject to acceptance and filing by the Secretary of State.
As used in this chapter, the following terms shall have the meanings indicated:
- WATER AND WATERWAYS
- Includes all creeks, canals, waterways and channel systems in the Village to a distance of 1,500 feet from the shore.
This chapter shall apply to all water and waterways within the Village and to adjacent waterways within a distance of 1,500 feet from the shore, to the extent permitted by the laws of the United States and the laws of the State of New York.
It shall be the duty of the Police Department of the Village to enforce the provisions of this chapter. The Chief of Police shall be empowered to make and enforce temporary regulations to cover emergencies or special conditions which arise out of the application of this chapter.
The discharge of toilets, dumping of oil, garbage, grass clippings and cuttings and other waste material and like acts are hereby prohibited in all waters and waterways covered by the provisions of this chapter.
Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such rate of speed as not to disturb the reasonable comfort nor endanger the property of another or the life or limb of any person, nor so as to interfere with the free and proper use of the waters and waterways of the Village. Throwing up a dangerous wake when approaching or passing another boat, or when passing a bathing area or a place where a boat is docked, is prohibited.
All provisions of the Navigation Law, the Environmental Conservation Law and the Vehicle and Traffic Law of the State of New York, as applicable; 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 the waterways of the Village.
No boat shall be operated or driven in any creek or canal within the Village, or within 100 feet of the shoreline, at a greater rate of speed than five miles per hour.
No boat shall be operated at a greater rate of speed than 12 miles per hour in channels in the open bay and 45 miles per hour in the open bay outside channels within the Village jurisdiction.
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 shall any boat in any manner interfere with, obstruct or endanger the free and clear passage of boats along creeks, canals and waterways of the Village. This section shall not be construed to interfere with or prevent the lawful use of privately owned basins or slips or to prevent the mooring of boats immediately adjacent to a shore or bulkhead and parallel thereto.
Boats shall not moor or anchor in channels except at the edge of such 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.
In any district no new bulkhead or dock shall be constructed nor shall an existing bulkhead or dock be relocated until a building permit therefor has been issued. Each application shall contain a plot plan showing the location of the proposed bulkhead, the location of an existing bulkhead on adjoining property and such other information as the Code Enforcement Officer may require.
Where such bulkhead is along an artificial waterway, shown on a filed plat, it shall be constructed so that it does not extend beyond the boundaries of such waterway as shown on the filed plat. Where such bulkhead is on a natural waterway, it shall conform to the bulkhead line approved or established by the United States Army Corps of Engineers. In any other case the Board of Trustees shall establish or approve such bulkhead line.
No person shall obstruct the waterways in the Village.
Any bulkhead or vessel or other obstruction which becomes a menace or hindrance to navigation or which is unseaworthy or which sinks, grounds or otherwise becomes disabled shall be removed by the owner or person in charge thereof on order of the Board of Trustees, a police officer, or the Code Enforcement Officer.
If said bulkhead, vessel or other obstruction is not removed within a reasonable time after such order has been given to so remove it, said time in any event not to exceed five days, it may be removed at the expense of the owner or person in charge of said bulkhead, vessel or other obstruction.
In any district no artificial waterway shall be constructed until first approved by the Planning Board.
The Board of Trustees may designate all or portions of the bulkheads, docks, piers, wharves and ends of highways bordering on waters and waterways, which are owned, maintained or under jurisdiction of the Village, as landing or loading areas.
[Amended 1-24-2011 by L.L. No. 1-2011]
No person shall moor boats at or use such areas except for purposes of loading and unloading for periods of not longer than one hour.
No person shall launch or haul any boat or jet ski from any such bulkheads, docks, piers, wharves or ends of streets or highways without the approval of the Board of Trustees.
Use of the Village beach launching facilities located on the east side of Newpoint Creek at the Village beach park shall require a permit to be obtained from the office of the Village Clerk, for which a fee will be charged. The amount of such fees for residents, nonresident taxpayers, resident or nonresident taxpayer senior citizens and nonresidents will be established and modified from time to time by resolution of the Board of Trustees.
No person shall operate a boat, propelled wholly or partly by the expulsion 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.
No person shall at any time engage in net fishing or use nets of any kind or description, except hand-drawn bait nets no more than 50 feet in length and crab nets, for the taking of fish in the waters and waterways of the Village.
No more than two boats shall be stored at any premises in the A, BB, B or C Residence Districts which are not owned or duly registered to the record owner or lawful occupant of such premises, without the approval of the Board of Trustees. For purposes of this section, "storage" shall mean in-water docking or mooring at, or adjacent to, such premises, as well as upland dry storage on said premises.
No person shall enter or use the waters of Avon Lake or Peterkin Pond for any form of boating, swimming or any other purpose without a permit from the Board of Trustees. Notwithstanding the foregoing, fishing, without the use of a boat, by duly licensed fishermen during the season established by the New York State Department of Environmental Conservation is permitted.
No person shall feed waterfowl or any other wild animal on or adjacent to Avon Lake or Peterkin Pond without a permit from the Board of Trustees.