[HISTORY: Adopted by the Board of Trustees of the Incorporated Village
of Bayville during codification 11-25-1974 as L.L. No. 4-1974; see Ch. 1,
General Provisions, Art. II. Amendments noted where applicable.]
Except when prohibited by reason of laws of the United States, the following
rules and regulations shall apply to all waters within the village and to
all waters bounding the village to a distance of one thousand five hundred
(1,500) feet from the shore of the village.
As used in this chapter, the following terms shall have the meanings
indicated:
- MOORING COMMITTEE
- Those persons appointed by the Mayor to serve in this capacity.
- OWNER
- The person under whose name the vessel was last registered, if requiring registration in accordance with the provisions of the Federal Boating Act of 1958 or the laws of the State of New York, 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.
- SCUBA DIVING
- The use of any underwater breathing apparatus similar in function to an aqualung, but shall not include bona fide salvage operations displaying proper signals.
- VESSEL
- A vessel commonly known as a "houseboat" and every vessel or floating craft propelled in any manner, except rowboats and skiffs propelled solely by hand, and vessels having a valid marine document issued by the Federal Bureau of Customs or any foreign government.
- VILLAGE BOARD
- The Board of Trustees of the village.
No person shall use the boating, docking or mooring facilities provided
by the Incorporated Village of Bayville unless and until he has obtained a
license therefor or has obtained a commercial marine boat launching permit.
A separate license shall be required for each boat or vessel using said facilities.
Application, issuance, denial, suspension and/or revocation of the license
shall be as provided in the Licensing Ordinance. Fees for licenses, tags or
stickers shall be paid in the amount and as provided in the Licensing Ordinance.[1]
A.
No person shall be issued a license unless he submits
satisfactory proof with the application for the license that he is the owner
of the boat or vessel sought to be licensed and that he fulfills one (1) or
more of the following conditions:
(1)
He owns and occupies real property within the village.
(2)
He is a resident of the village.
(3)
He is in possession of and legally occupies a private
dwelling within the village under a verbal or written lease of a term of not
less than three (3) months. Applications for licenses issued pursuant to this
condition shall be accompanied by a copy of the written lease, signed by the
property owner, or by a written and notarized letter of affidavit from the
owner. The burden of proof with regard to legal occupancy shall be upon the
applicant. The Village Clerk shall have the authority to issue a license or
reject the application, with the right of appeal by the applicant to the Board
of Trustees.
Only motor vehicles of licensed persons shall be permitted in the parking
facilities provided in the boating area. The village will not be responsible
for loss, damage or theft to motor vehicles and their contents or to any other
private property.
Swimming and fishing from the docking facilities is prohibited.[1]
No boat shall be tied up to docking facilities for a longer period of
time than is reasonably required to take aboard or discharge passengers or
provisions or take on water, etc. For the purposes of this section, fifteen
(15) minutes shall be deemed to be a reasonable period of time for the completion
of such activities. No boat tied up to docking facilities may be left unattended.
No person shall deface, injure, displace, remove, fill in, raise, destroy
or tamper with any drive, path or walk; take up, remove or carry away trees,
shrubs, turf or any material or substance; remove or destroy any structure,
building or parts thereof or any appurtenances connected with the municipal
boating facilities or any other property or equipment, real or personal, owned
or possessed by the Incorporated Village of Bayville, or under the jurisdiction
and control of the Board of Trustees.
The discharging of toilets and the dumping of oil, refuse, garbage,
waste or sewage is prohibited in any of the waters of the village.
A.
The location of mooring facilities and the types of mooring
permitted shall be as recommended by the Mooring Committee and approved by
the Board of Trustees of the Incorporated Village of Bayville.
B.
No houseboat may be moored in village waters for the
purpose of residency.
C.
Any boat or mooring that becomes a menace to navigation,
becomes unseaworthy, sinks, grounds or otherwise becomes disabled, or is beached
for the purpose of abandonment or storage, shall be removed by the owner or
person in charge thereof on order of the Board of Trustees or any duly authorized
officer or agent thereof. If said boat is not removed after issuance of such
orders, it may be removed by or at the direction of the Board of Trustees
or any duly authorized officer or agent thereof at the expense of the owner
or person in charge of said vessel or equipment. Any boat or dinghy beached,
on the water, in a dinghy rack or on the beach after December 1 of any calendar
year shall be deemed beached for the purpose of abandonment or storage and
be subject to removal by any of the aforesaid officers or their agents to
the Village Hall until claimed by its owner or possessor.
[Amended 5-24-1976 by L.L.
No. 2-1976]
D.
In the event that any boat or equipment removed to the Village Hall pursuant to § 9-10C remains unclaimed, said boat or equipment shall be sold at public auction. However, no such sale shall be conducted unless published notice thereof is made in the official newspaper of the village, and no sale shall be made before the expiration of forty-five (45) days from the date of removal to the Village Hall. The aforesaid notice of sale need not specify each boat or piece of equipment to be sold.
[Added 5-24-1976 by L.L.
No. 2-1976]
E.
It shall be a violation of this chapter for any person, firm
or corporation to allow a boat or mooring to become a menace to navigation
or to become beached for the purpose of abandonment or storage. Any boat or
dinghy which is beached, on the water at the Bayville mooring facilities or
left in a dinghy rack or on the beach after December 1 of any calendar year
and prior to April 1 of the next succeeding year shall be deemed beached for
the purpose of abandonment or storage and shall be a violation of this chapter.
[Added 3-28-1977 by L.L.
No. 4-1977]
[Added 12-13-1993 by L.L.
No. 6-1993]
Bathing beach markers, swimming floats, speed zone markers or any other
floating objects having no navigational significance are prohibited in any
of the waters of the Village of Bayville. Mooring buoys are permitted; provided,
however, that no mooring anchor, or floating object attached thereto, and
no vessel or part thereof which is secured to a mooring buoy shall at any
time lie within the intertidal marsh, as defined by the region marked "IM"
on the New York State Department of Environmental Conservation Tidal Wetlands
Map, and further provided that no mooring buoy may be placed in a navigable
channel or in any other location where it will interfere with free and safe
navigation or free access to another person's property. This prohibition shall
not apply to the waters of the municipal beaches of the Village of Bayville.
A.
Speed. No vessel shall be operated at a greater speed
than five (5) miles per hour, nor shall any vessel produce a wake.
[Amended 5-24-1976 by L.L.
No. 2-1976]
B.
Prohibited areas. No vessel propelled other than by hand
shall cruise or be operated within one hundred (100) feet of any lifeline
or bathing float, or if there is no lifeline or bathing float, then within
two hundred (200) feet of any beach regularly used for bathing or swimming,
except at inlets or where a channel approaches the lifeline, bathing float
or beach, as the case may be, closer than such applicable distances.
C.
Manner of operation. Every person operating a vessel
shall at all times operate the same in a careful and prudent manner, including
without limitation the throwing of its wake, so 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 of any channel.
D.
Intoxication. No person shall operate a vessel while
in an intoxicated condition. Upon the trial of any action or proceeding arising
out of acts alleged to have been committed by any person arrested for operating
a vessel while in an intoxicated condition, the court may admit such evidence
as may be used to determine levels of intoxication in accordance with the
laws of the State of New York.
E.
Exhaust; mufflers. No person shall operate a vessel 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.
A.
No person shall operate, drive, moor or anchor any vessel in connection with or in pursuit of any business operated for profit, except such vessels engaged in shellfishing by virtue of leasehold with the Town of Oyster Bay and except as otherwise may be specifically permitted by Chapter 80, Zoning, of the Code of the Village of Bayville, within one thousand five hundred (1,500) feet of the shore of the village without first obtaining a license from the Village Board in accordance with Chapter 36, Licensing. Any license issued for commercial marine boat launching operations pursuant to Village Code § 36-14 shall consist only of the launching and retrieving of boats for the purpose of sale, service or repair and not for the daily rental of boats, vessels or marine recreational crafts.
[Amended 3-23-1992 by L.L.
No. 2-1992]
B.
Upon receipt of any such application, the Village Board
may in its discretion call a hearing open to the public for the consideration
thereof and may at such hearing take such testimony and receive such exhibits
from such witnesses as it may deem necessary or advisable to assist it in
its discrimination with respect to the application.
C.
The Village Board may grant such a permit, permanently
or temporarily, if it finds affirmatively that the proposed operation and
business protects and secures the inhabitants of the village and the community
from unreasonable odors, smoke, vapor, gas, dust, noise and vibrations; that
it protects and secures the property of the village and its inhabitants from
damage and injury; that it is consistent with and protects the good order,
peace, health, safety, morals and general welfare of the inhabitants of the
village and the community; that it does not create problems relating to obstructions
to navigation; and that it does not spoil or threaten to spoil the natural
beauty and healthful, safe, full and proper enjoyment of the waters by the
inhabitants of the village and the community. If the Village Board shall determine
to grant such permit, it shall state therein such restrictions and conditions
as it may deem necessary to protect and secure all of the same, including,
without limitation, time limits and duration of the stay when the vessels
are used or occupied as living or sleeping quarters and other limits and restrictions
as to hours, days, months, extent and area of operation.
Nothing herein contained shall prohibit the Village Board from issuing
special permits for aquatic events, boat races or other similar events under
proper supervision in limited areas for limited periods.
A.
No scuba diving shall be undertaken in any waterway,
channel or in any waters where the same may interfere with the reasonable
and proper operation of vessels or within one hundred fifty (150) feet of
any beach regularly used for bathing and swimming or within fifty (50) feet
of any person bathing or swimming.
B.
No person shall engage in scuba diving without a person
of at least sixteen (16) years of age other than the scuba diver in a position
as lookout.
C.
No person shall use, operate or discharge under water
any spear gun or similar apparatus within two hundred (200) feet of any beach
regularly used for bathing or swimming or within one hundred (100) feet of
any bather or swimmer.
A.
No person shall operate a vessel in those waters which
lie to the west and south of the bridge connecting the Village of Mill Neck
and the Village of Bayville towing a person on water skis, a surfboard or
similar device.
B.
No person shall operate a vessel towing a person on water
skis, a surfboard or similar device unless there is in the vessel a person
other than the operator, of at least sixteen (16) years of age, in a position
to observe the progress of the person being towed, and no person shall so
operate a vessel towing a person on water skis, a surfboard or similar device
in said waters between the period from one (1) hour after sunset to one (1)
hour before sunrise.
[Amended 5-24-1976 by L.L.
No. 2-1976]
Any member of the Village Board, the Mooring Committee, any duly authorized
officer or agent of the Village Board, any member of the Nassau County Police
Department or the Harbor Master of the Town of Oyster Bay is hereby empowered
to enforce the provisions of this chapter, and every person in charge of a
vessel shall at all times obey the lawful orders of any member of the Village
Board, the Mooring Committee, any duly authorized officer or agent of the
Village Board, any member of the Nassau County Police Department or the Harbor
Master of the Town of Oyster Bay, and any such person shall have the right
to stop any vessel for the purpose of enforcing this chapter.
A.
No person having charge of any excursion boat shall direct
or permit the landing of such boat or any of its passengers at any dock, pier,
wharf, float or other place within the Incorporated Village of Bayville without
first obtaining a license therefor under the provisions of the Licensing Ordinance.[1] The provisions hereof shall apply to and include any excursion
boat which starts from and returns to the Incorporated Village of Bayville.
B.
No person who is the owner or lessee of land entitled
to riparian rights which has a dock, pier, wharf, float or other place for
landing persons; or who is the owner, lessee or person in charge of such dock,
pier, wharf, float or other place for landing persons, shall permit any excursion
boat or any of its passengers to land upon such dock, pier, wharf, float or
other place unless or until a license has been procured pursuant to this section.
C.
Application for a license hereunder shall be made in
writing by the person in charge of such excursion boat, giving his name, address
and person, firm or corporation by whom he is employed; an exact description
and location of the dock, pier, wharf, float or other place to be used for
landing; the nature and extent of the excursion trips to be run, with the
time of docking and the approximate number of passengers and vehicles which
can be carried; and any other information as may be required by the Mayor.
The Board of Trustees is hereby granted the power to promulgate such
reasonable rules and regulations, from time to time, as it may determine for
the administration and enforcement of this chapter, such regulations to be
made public by posting in a conspicuous place in or about the boating and
bathing areas and filed with the Village Clerk for inspection by licensees
during regular business hours.
[Repealed 3-28-1977 by L.L.
No. 4-1977]
[Amended 3-28-1977 by L.L.
No. 4-1977]
Any person or persons, firm, association or corporation committing an offense against any provision of this chapter and for any infraction of the provisions of § 9-10 said party shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment.
