[HISTORY: Adopted by the Town Board of the Town of Pawling 4-12-1983
as L.L. No. 2-1983. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Includes any type of boat or any type of vessel propelled in any
manner upon water other than by hand, including but not limited to propulsion
by gasoline, electricity or steam.
A.
No boat shall be operated within 100 feet of the shore,
a dock, pier, raft, float or an unanchored or moored boat at a speed exceeding
five miles per hour, unless such boat is being operated near such shore, dock,
pier, raft, float or anchored boat for the purpose of enabling a person engaged
in waterskiing to take off or land.
B.
No boat shall be operated at a speed in excess of 50
miles per hour.
C.
No person shall ride on water skis, a surfboard or similar
device or use or operate a boat to tow a person thereon on navigable waters
of the town during the period from sunset to one hour after sunrise.
D.
No boat in excess of 21 feet, measured from bow to stern,
shall be operated on the navigable waters of the town. This provision shall
not apply to any boat being operated pursuant to an imminent or impending
emergency situation.
E.
No person shall operate a boat on the navigable waters
of the town for towing a person on water skis, a surfboard or similar device
unless there is in such boat 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. However, this provision shall not apply to the operation of a boat
for towing a person on water skis, surfboard or similar device operated or
controlled by the person being towed, the design of which makes no provision
for carrying an operator or observer on board.
F.
Every pilot, master or operator of a boat shall at all
times navigate the same in a careful and prudent manner and at such rate of
speed as not to unreasonably interfere with the free and proper use of the
navigable waters of the town or unreasonably endanger any boat or person.
G.
In addition to the foregoing regulations, every pilot,
master or operator rules concerning the use of boats shall be governed by
and be subject to § 41 of the Navigation Law of the State of New
York.
H.
No seaplane shall be permitted to use, operate, land
on, take off from or be stored upon any navigable waters of the town.
I.
No person, whether engaged in commerce or otherwise,
shall place, throw, deposit or discharge or cause to be placed, thrown, deposited
or discharged into the waters of this town any litter from any boat.
J.
All boats must comply with all applicable registration
laws of the State of New York.
A.
A diver's flag shall be flown when any individual
is diving alone or in the company of others.
B.
The diver's flag shall be red, square or rectangular
in shape, of a minimum of at least twelve by twelve (12 x 12) inches, with
a white diagonal stripe of not less than three inches wide and not more than
three inches long.
C.
The flag shall be so constructed or of such material
as to maintain an attitude perpendicular to the mast in light wind conditions
to provide the best visibility.
D.
All divers are required to surface within 100 feet of
the marker.
E.
All boats shall remain at least 100 feet from the flag
in all directions.
F.
All diver's flags used shall be positioned on a
boat or float so as to fly at about two feet above the surface of the water.
G.
All divers when diving alone shall be attached to the
flag or float by an easily removed or easily broken line, so that when they
are swimming beneath the water, the float and flag will accompany them.
H.
A diver need not be attached to a flag or float when
he is assisted by service personnel in a boat.
I.
No boat other than the attending boat shall be operated
within 100 feet of a red flag with a diagonal white bar, which, when displayed
on the water or from a boat by skin divers or scuba divers, would indicate
underwater diving and significantly mark their position in such waters, but
no such flag shall be placed as to deny access or use of any boathouse, wharf,
harbor, bay, channel or navigable waterway.
Except as provided otherwise by the Navigation Law of the State of New
York, any person who violates any section or provision set forth above shall
be guilty of an offense and, upon conviction, shall be punished with a fine
of not more than $250 or by imprisonment of not more than 15 days, or by both
such fine and imprisonment; provided, however, that in the event that any
person violates this provision more than twice during the same calendar year
and is convicted of two or more of any such violations, then the third and
each subsequent violation thereafter shall be deemed a misdemeanor and punishable
in accordance with the Penal Law of the State of New York.
