[HISTORY: Adopted by the Board of Trustees of the Village of Old
Field 7-22-1963.[1] Amendments noted where applicable.]
GENERAL REFERENCES
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.
[1]
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.
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]
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.
[Amended 12-18-1965]
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.
A.
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.
[Amended 12-18-1965]
B.
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.
A.
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.
[Amended 12-18-1965]
B.
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.
C.
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.
A.
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.
B.
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.
[Amended 12-18-1965]
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.
A.
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.
B.
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.
C.
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.
