[HISTORY: Adopted by the Board of Trustees of the Village of Old Field 7-22-1963. Amendments noted where applicable.]
Old Field-Port Jefferson Harbor Complex Waterway — See Ch. 16.
Noise — See Ch. 64.
Beaches — See Ch. 70.
Peace and good order — See Ch. 75.
Editor's Note: The provisions of this chapter are derived from Chapter 8 of the Unified Code of Ordinances.
It is hereby declared and found that the operation of boats in the water or waterways of the Village of Old Field is a matter affecting the public interest and consequently should be subject to the supervision and administrative control of municipal authority for the purpose of safeguarding the public.
[Amended 6-12-2001 by L.L. No. 2-2001]
The following rules and regulations of Chapter 15 shall, except when prohibited by the laws of the United States, apply to waters or waterways in the village and to all waters or waterways adjacent to a distance of 1,500 feet from the shore, provided that they shall not apply to waters or waterways in the channel system, if any, under the supervision of the Long Island Park Commission or surface waters controlled or regulated under Chapter 16 of the Code.
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 the channel systems shall be complied with by all vessels navigating said systems.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes every vessel propelled in any manner other than by hand, but shall not be deemed to include public vessels of the United States or of the State of New York or any municipality therein.
- CHANNEL SYSTEM
- Main channels, cross channels connecting with them, basins and bathing areas.
- Includes the person under whose name the vessel was last registered
with the United States Conservation Department, if requiring registration,
and in any other case, the last known owner or the person who claims lawful
possession of such vessel by virtue of legal title or equitable interest therein
which entitles him to such possession.[Amended 12-18-1965]
- SKIN DIVING
- Includes any person swimming with the intent to explore or photograph in local waters or to hunt fish therein, including any person using any self-contained underwater breathing apparatus commonly known as an "aqualung," but shall not include bona fide salvage operations displaying proper signals.
Boats shall not moor or anchor in any channel, and in no case shall vessels moor to or anchor within 50 feet of any channel marker or so as to interfere with the full use of the channel.
Boats shall not moor or anchor so as to endanger the safety of or cause damage to any boat previously anchored or moored or so as to interfere with the mooring of any boat previously laid down. Any boats so moored or anchored shall be removed by the owner or person in charge thereof on order of the Village Board or any duly authorized officer or agent thereof. If said boat is not removed after orders to so remove, it may be removed by or at the direction 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, to be enforced by civil suit.
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 or any duly authorized officer or agent thereof. If said boat is not removed after orders so to remove, it may be removed by or at the direction 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, to be enforced by civil suit.
No boat shall be operated at a speed in excess of five miles per hour when within 100 feet of the shore, a dock, pier, raft, float or an anchored or moored vessel.
No boat or vessel propelled other than by hand shall cruise or be operated within 100 feet of any lifelines or bathing float or, if there is no lifelines or bathing float, then within 150 feet of any public or semipublic beach regularly used for bathing or swimming, nor shall such boat or vessel cruise or be operated in excess of five miles per hour within 50 feet of any person bathing or swimming, except at inlets or where a channel approaches the shoreline closer than 1/4 of a statute mile.
No person shall operate a boat or vessel for towing a person on water skis, a surfboat or similar device, unless there is in such boat or vessel a person, of at least 10 years of age, other than the operator, in a position to observe the progress of the person being towed.
No person shall ride on water skis, a surfboard or similar device or use or operate a boat or vessel to tow a person thereon between the period from one hour after sunset to one hour after sunrise.
No person shall ride on water skis, a surfboard or similar device or use or operate a boat or vessel to tow a person thereon in any channel or within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather. Nor shall any such person engage in such activities come within 300 feet of the shoreline unless he approaches or departs perpendicular to the shoreline and solely for the purpose of commencing or ending the ride.
Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such a 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.
No boat shall be operated in such a manner as to throw up a wake which is dangerous to life or limb or a person, boats or other property.
No person shall operate a boat propelled wholly or partly by an engine operated by gas, gasoline, naphtha, diesel oil or other substance without having the exhaust from the engine run through a muffler or so controlled by the introduction of water into the exhaust pipe or line so as to muffle the noise of exhaust in a reasonable manner.
Nothing herein contained shall prohibit the Village Board from issuing special permits for aquatic events, boat races or otherwise, after prior approval of the United States Coast Guard, under proper supervision in limited areas for limited periods.
No skin diving shall be undertaken in any fairway or channel or in any waters where the same may interfere with reasonable and proper operation of boats or within 150 feet of any public or semipublic beach regularly used for bathing or swimming or within 50 feet of any person bathing or swimming.
No person shall engage in skin diving without displaying the international diving flag or authorized skin diving flag of suitable size, consisting of a red flag with diagonal white stripe, adequately displayed by float, buoy or boat at all times and without a person of suitable age and discretion other than the skin diver in a position as lookout.
No person shall use, operate or discharge under water any spear gun or similar apparatus within 100 feet of any public or semipublic beach regularly used for bathing or swimming or within 50 feet of any bather or swimmer.
[Amended 12-18-1965; 6-12-2001 by L.L. No. 2-2001]
The Police Department of Suffolk County, bay constables of the village, harbormaster, Code Enforcement Officer, park ranger or other person duly empowered and authorized to enforce the provisions of this chapter or Chapter 16.
[Amended 11-19-1985 by L.L. No. 2-1985]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.