[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic Beach 6-14-1972. Amendments noted where applicable.]
This chapter shall be known as the "Waterways Ordinance of the Village of Atlantic Beach."
The provisions of this chapter shall apply to all waters or waterways within or adjacent to the village or subject to its jurisdiction, except when prohibited by laws of the United States, and except the waters or waterways under the supervision of any other municipality.
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 waters and waterways, shall be complied with by all vessels navigating said waters and waterways under the jurisdiction of the village.
All provisions of the laws of this state and of the United States relative to the use and operation of aircraft shall be complied with by all seaplanes navigating and using waterways under the jurisdiction of the village.
As used in this chapter, the following terms shall have the meanings indicated:
- BOAT OR VESSEL
- Includes every description of watercraft or other contrivance used in or capable of being used as a means of transportation in water and/or in air.
- HOUSEBOAT AND CRUISER
- A barge or similar craft fitted for use as a dwelling or for leisurely cruising.
- Includes aircraft of every description having attached thereto devices or contrivances which permit takeoff and landing from or to water.
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, 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 within the village. Throwing up a dangerous wake when approaching or passing another boat shall be prohibited.
No boat except one propelled by hand shall cruise or be operated within 100 feet of any lifelines or bathing float, or if there be no lifelines or bathing float, then within 200 feet of any beach regularly used for bathing or swimming, bathing float or beach, as the case may be, closer than such applicable distances.
No boat shall be operated at a speed greater than five miles per hour or so as to cause a wake between the markers defining the south side of the channel and the north shoreline of Atlantic Beach, in any basin, dock anchorage, bathing area, creek, canal or elsewhere in the waters of the village; nor at a speed greater than 12 miles per hour or so as to cause a wake in the channel, between the channel markers, in waters within the village.
The racing of power-driven boats of any type shall be prohibited unless written permission shall have been received from the Village Board and after prior approval by the United States Coast Guard. The application, therefor, shall state the time and place of the proposed race or races, the types of boats participating therein and the type and kind of race to be conducted, in waters within the village.
See §§ 44 and 44-e of the Navigation Law.
Generally. 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, nor in any case within 50 feet of a channel marker, or in such manner as to interfere with full use of Reynolds Channel.
Removal. Any boats moored or anchored in violation of this section shall be removed by the owner or person in charge thereof on order of the Village Board. If said boat is not removed after orders to so remove it, it may be removed by or at the discretion of the Village Board, or any duly authorized officer or agent thereof at the expense of the owner or person in charge of said vessel.
Houseboats and similar craft.
License required. No person shall moor or anchor any houseboat or similar craft within village waters for a period of more than 48 hours without having obtained a license therefor, after having filed an application and otherwise complying with the provisions of this chapter. Such license shall be renewed weekly.
Inspection. Inspection of every such craft shall be made upon orders of the Mayor, and if the applicant's use of maritime waters would, in the Mayor's opinion, endanger the safety, good order, morals or welfare of the community, the Mayor shall refuse to issue a license.
Restricted. No seaplane shall take off or land upon any waters or waterways under the jurisdiction of the village and within 500 feet of the shoreline, except in case of emergency.
Scope of section. For the purposes of this section, the term "emergency" shall mean a situation or circumstance endangering any person.
Any vessel which becomes a menace to navigation, or unseaworthy or sinks, grounds or becomes otherwise disabled, shall be removed by the owner or person in charge thereof on order of the Village Board. If said boat is not removed after order to remove it, it may be removed by or at the direction of the Village Board at the expense of the owner or person in charge of said vessel.
Water-skiing, aqua planing or similar sports are hereby prohibited in any waters within the Village or within 500 feet of the shoreline.
Prohibited locations. No skin diving shall be undertaken in any waterway under the jurisdiction of the village, where the same may interfere with the reasonable and proper operation of vessels or within 200 feet of any beach regularly used for bathing or swimming or within 100 feet of any person bathing or swimming.
Spear guns. No person shall use or discharge under water any spear gun or similar apparatus within 200 feet of any beach regularly used for bathing or swimming, or within 100 feet of any bather or swimmer.
Nothing herein contained shall prohibit the Village Board from issuing special permits for aquatic events, boat races or similar events, under proper supervision, in limited areas and for limited periods, after prior approval by the United States Coast Guard.
Duty. The owner, lessee or occupant of waterfront property shall keep the same clean and in good repair in order not to constitute a menace to navigation, or to the health and well-being of the community.
Inspections, notices. Regular inspections shall be made by village officials of waterfront properties, their structure and appurtenances, to determine their condition and method of operation. If defects or violations of law or ordinances be found upon such inspection, notice shall be served upon the owner, lessee or occupant to correct the same in the manner specified in the notice. Failure to comply therewith shall constitute a violation of this section.
Dumping of oil, refuse, noxious liquids, garbage, grass cuttings or similar landscaping waste, or any other offensive matter into any of the waters within the village shall be prohibited, whether such dumping be from boats or vessels, houses or from land.
The Police Department of the County of Nassau is hereby empowered to enforce the provisions of this chapter, and every person in charge of a vessel or seaplane navigating or using waterways under the jurisdiction of this village, shall at all times obey the lawful orders of the members of said Police Department. Such Department shall have the right to stop any vessel or seaplane navigating or using the waterways for the purpose of enforcing this chapter.
The Village Board of Atlantic Beach 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.
[Amended 8-24-1972; 11-14-1973; 5-10-1993 by L.L. No. 2-1993]
Any person or corporation who shall violate any of the provisions of this chapter, or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter or use any building or land in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor, punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both. Each day's continued violation shall constitute a separate additional violation. The owner or owners or lessee of any building or premises, or part thereof, where anything in violation of this chapter shall be placed, or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection therewith, and who have assisted in the commission of any such violation, shall each be guilty of a separate offense and upon conviction thereof, shall be fined as herein provided.