[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:
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.
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.
A.
Boats.
(1)
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.
(2)
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.
B.
Houseboats and similar craft.
(1)
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.
(2)
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
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.
