[HISTORY: Adopted by the Board of Trustees of the Village of Massena 10-2-2007
by L.L. No. 2-2007. Amendments noted where applicable.]
This chapter is enacted for the purpose of regulating the speed and
restricting the operation of vessels, personal watercraft and specialty prop-craft
while being operated or driven upon any waters within the municipal bounds
of the Village of Massena in order that the peace, health, safety, welfare
and good order of the operators of such vessels, the Village and its inhabitants
and the wildlife inhabitants of the waterways shall be preserved. This chapter
does not regulate watercraft which are propelled solely by hand or sail.
The words and phrases used in this chapter shall, for the purposes of
this chapter, have the words used herein defined as follows:
Includes every description of watercraft or contrivance used or capable
of being used as a means of transportation in the water. All boats or vessels
will shall belong to one of the following classes:
PUBLIC VESSELIncludes every vessel which is propelled in whole or in part by mechanical power, or a barge which is propelled by the same and is used or operated for commercial purposes on the navigable waters of the state; that is either carrying passengers and/or freight, towing or for any other use; for which compensation is received, either directly or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement.
RESIDENTIAL VESSELIncludes every vessel which is used primarily as a residence.
PLEASURE VESSELIncludes every vessel not within the classification of "public vessel" or "residential vessel." However, the provisions of this chapter shall not apply to rowboats and canoes except as otherwise expressly provided.
A wharf, or portion of a wharf, extending along the shoreline and
generally connected with the uplands throughout its length, or any portion
of its length.
Any vessel propelled in water, in whole or in part, by an engine
or motor, whether inboard or outboard.
An individual who operates or navigates the vessel.
The person actually holding title to the vessel, except a public
vessel chartered unmanned for a period of more than 30 consecutive days, in
which case "owner" shall include the person chartering the vessel.
The securing of a boat on a seasonal or annual basis by means of
securing the vessel to a fixed anchor placed on the harbor bottom.
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.
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.
The securing of a boat to an anchor placed on the harbor bottom and
which anchor is otherwise carried aboard the boat.
The provisions of this chapter shall apply to all the docks and waters
within the municipal bounds of the Village of Massena.
A.Â
The Village of Massena Police Department is empowered
to enforce the provisions of this chapter. Every person operating, or otherwise
in charge of, a vessel will at all times obey the lawful orders of a police
officer.
B.Â
The Massena Village Clerk is empowered to issue application
forms, permit forms and otherwise promulgate such forms and information as
may be necessary for the administration of this chapter.
A.Â
No person shall operate a boat, other than a boat propelled
by hand, within 200 feet of any lifelines or bathing float, or within 200
feet of any public or semipublic beach regularly used for bathing or swimming,
except that such boat may approach or depart perpendicularly to such beach
at less than five miles per hour solely for the purpose of commencing or ending
the ride.
B.Â
Every person operating a boat shall at all times operate
the same in a careful and prudent manner and at a rate of speed so as not
to unreasonably interfere with the free and proper use of the waters or unreasonably
endanger any person or property or wildlife.
C.Â
Except where a situation exists that requires lower speed for compliance with Subsection A of this section, the maximum lawful speed in Grass River and Raquette River shall be five miles per hour. Sailboats under sail shall be exempt from this subsection.
D.Â
The Village Board may, by resolution, limit the speed
of boats in any waters to which this article applies and 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.
E.Â
No person shall operate any vessel at any time in the
waters within the jurisdiction of the Village of Massena at a speed greater
than five miles per hour one hour after sunset to one hour before sunrise.
Sailboats under sail shall be exempt from this subsection.
No person shall operate a vessel in a manner so as to cause the creation
of a wake in Grass River and Raquette River. Sailboats under sail shall be
exempt.
A.Â
No person under the age of 16 years shall operate a mechanically
propelled vessel, nor shall the owner or a person responsible for a vessel
allow or permit the operation of a vessel by a person under the age of 16
years, unless:
(1)Â
The operator, who is under the age of 16 years, is accompanied
therein by a person who is 16 years of age or older; or
(2)Â
The operator is 10 years of age or older and has been
issued a boating safety certificate by the Commissioner of the Office of Parks
and Recreation of the State of New York, pursuant to § 78 of the
New York State Navigation Law.
B.Â
The failure of a person specified in Subsection A(2) hereof to exhibit a boating safety certificate upon demand to any peace officer or other officer having authority to enforce the provisions of this chapter shall be presumptive evidence that such person is not the holder of such certificate.
C.Â
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 use of a drug.
No person shall operate a boat while towing a person on water skis,
a surfboard, inflatable tube, or similar devices.
A.Â
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.Â
The provisions of this section shall not apply to vessels
competing in duly authorized regattas and trials preceding such regattas.
All vessels operating in the waters of the Village of Massena are to
observe the Inland Rules of the Road and the New York State Pilot Rules, § 41
of the New York State Navigation Law.
Nothing herein contained shall prohibit the Village Board from issuing
permits for marine events, boat races or otherwise under proper supervision
in limited areas for limited periods after approval of the Village Board and
the United States Coast Guard, if appropriate.
No person shall operate a boat propelled wholly or partly by an engine
operated by the explosion of gas, oil, 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.
The cleaning of boats below the waterline is prohibited in the waters
of the Grass River and Raquette River. Sandblasting, power sanding and painting
of vessels anchored, moored or docked in the waters of Grass River and Raquette
River are prohibited.
The dumping of oil, refuse, garbage, sewage or waste is prohibited.
Sanitary equipment must meet the applicable standards established by the appropriate
federal and state agencies.
A.Â
Any boat or barge which becomes a menace to navigation
or sinks, grounds or otherwise becomes disabled or incapable of navigation
shall be removed or restored to navigable condition by the owner upon written
notice from the Village Board or its designated agent, which notice shall
be delivered by personal service or by registered mail addressed to the registered
owner's last known address as given by him or as stated in his certificate
of registration.
B.Â
If such boat is not removed or restored to navigable
condition by the owner within one week after the mailing of the notice, the
Village Board or its designated agent may direct the removal or destruction
of the boat, and the cost of removal, including storage charges, shall attach
to and shall become a lien upon the boat and be chargeable against the owner
of the boat. The boat may be sold upon direction of the court at a public
auction to defray expenses, and any surplus shall be returned to the owner
of record. The Village shall not be liable for any damage done to the boat
during its removal, storage and sale.
C.Â
Unattended vessels shall not be moored or anchored in
Village waters overnight without registering the vessel with the Village Clerk.
Vessels moored or anchored overnight without registering with the Harbormaster
may be impounded. The owner shall be liable for payment of the overnight fees,
if applicable, along with expenses for storage. The Village shall not be liable
for damage done to impounded vessels during their removal and storage.
A.Â
No boat shall be so moored or anchored that it at any
time rests within any channel or freeway or interferes with the full use of
such channel or freeway, nor shall any boat be moored or anchored within 50
feet of any dock, pier or other boat docking or launching facilities.
B.Â
It shall be unlawful for any person to use for an unreasonable
period of time to the exclusion of others or to restrict or obstruct the use
of any public bulkhead, dock or landing owned or controlled by the Village
of Massena.
C.Â
No person shall place a mooring in the municipal bounded
waters of the Village of Massena without first obtaining a permit from the
Village of Massena.
A.Â
No person shall moor or secure a boat at a beach, dock,
pier, wharf or mooring located in the Village of Massena on any public land
or improvements or at the end of any Village street without first obtaining
a permit from the Village Clerk.
B.Â
There shall be only one permit issued per boat.
C.Â
There shall be a fee for a permit in an amount the Village
Board may establish from time to time by resolution.
D.Â
The application form shall include, in addition to the
general information specified in the license law and information required
by the Village Clerk, the following:
A.Â
Failure to comply with the permit application requirements
or failure to abide by the rules and regulations of the docks as hereinafter
specified shall result in an immediate revocation of said permit by the Harbormaster
and/or his deputy.
B.Â
In the event of such revocation, the former permit holder
shall immediately remove his vessel from the dock, wharf or mooring. Said
vessel shall not be attached to any dock, wharf or mooring within the jurisdiction
of the Village of Massena until such time as a new permit has been issued
or a hearing has been held on the revocation.
C.Â
In the event of such revocation, the former permit holder
may appeal to the Village Dock Committee, which shall hold a hearing as soon
as practicable after filing of the appeal, but in no event later than two
weeks after filing of said appeal for review of said revocation of the permit.
A decision by the Village Dock Committee shall be made no later than one week
after the close of the hearing.
D.Â
In the event of an adverse finding by the Village Dock
Committee to the permit holder, said permit holder may appeal the decision
to the Village Board of Trustees. The Board of Trustees shall hold a hearing
as soon as practicable after filing of the appeal, but in no event later than
two weeks after filing of said appeal for review of said revocation of the
permit. The Village Board of Trustees shall render a decision no later than
one week after the close of the hearing before it.
The Village Board may establish by resolution rules and regulations
for the operation of the docks and moorings under its jurisdiction. Such rules
shall be posted at the Village Office and at the docks and moorings under
its jurisdiction.
In addition to or as may be limited by the laws of the State of New
York, a violation of any provision of this article shall be punishable by
not more than 15 days incarceration and/or a fine of $250 for each violation.
Each day of violation shall be deemed a new violation and shall be treated
accordingly.
