The regulations established by this article
shall apply to all navigable waters located within the boundary lines
of the Village, as the term "navigable waters" is defined in § 2(4)
of the Navigation Law of the State of New York, and except when the
provisions of this article are in conflict with the laws or ordinances
of the United States, the State of New York or any political division
or administrative authority thereof having jurisdiction thereover.
All provisions of the Navigation Law of this
state, of the inland water rules enacted by Congress 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 rule for vessels passing each other and other matters
consistent with the proper use of the channel systems shall be complied
with by all boats using the navigable waters within the boundary lines
of the Village.
As used in this article, the following terms
shall have the meanings indicated:
Includes every description of watercraft or other contrivance
used on or capable of being used as a means of transportation in water.
As used in this article, comprehends main channels, cross
channels connecting with them, basins and bathing areas.
The terms "houseboat" or "barge" shall include a vessel not
equipped with temporary or permanent motive power and shall include
a raft or a float or any other similar contrivance used or capable
of use as a temporary or permanent abode.
Comprehends any vessel propelled by machinery, except tugboats
and towboats, but including' craft equipped with detachable motors.
A vessel which uses an inboard motor powering a water jet
pump as its primary source of motive power and which is designed to
be operated by a person sitting, standing or kneeling on or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel.
[Added 5-24-1999 by L.L. No. 4-1999]
A vessel which is powered by an outboard motor or propeller-driven
motor and which is designed to be operated by a person sitting, standing
or kneeling on or being towed behind the vessel rather than in the
conventional manner of sitting or standing inside the vessel.
[Added 5-24-1999 by L.L. No. 4-1999]
A.
Channel clearance required. No craft shall be moored
or anchored except at the edge of a channel and in no cases closer
than 50 feet to channel markers or so as to interfere with the full
use of the channel by others.
B.
Removal of certain vessels required. 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 Chairman of the Board of Police
Commissioners. Failure to comply with such order within 48 hours of
its service in person or by mail to the owner's last known address
shall constitute a violation of this article.
C.
Docking to be parallel. No person shall moor or dock
or permit to be moored or docked any boat, craft or vessel, other
than parallel to the bank and in a single line, whether or not said
bank be bulkheaded, in the following canals or waterways in the Village:
(1)
Albert Canal.
(2)
Glovers Canal.
(3)
The canal lying east of South Bayview Avenue and west
of St. Marks Place.
(4)
Nassau and Miller Channels north of 100 feet north
of Manhattan Street.
(5)
Sportsman's Channel.
(6)
East Channel.
(7)
Emories Channel and north basin.
(8)
Gordon Channel.
(9)
The canals lying between Bedell Street and West First
Street, between West First Street and West Second Street, between
West Second Street and West Third Street and between West Third Street
and West Fourth Street.
(10)
Teal Canal.
(11)
Mallard Canal.
(12)
Plover Canal.
D.
Municipal properties and properties owned by the Freeport Community
Development Agency.
[Added 6-3-2013 by L.L. No. 1-2013]
(1)
No
vessel shall be moored or docked at the marina portion of Sea Breeze
Park or the boat slips located at The Esplanade without proper authorization,
in the form of a placard or permit, from the Village of Freeport.
The Board of Trustees, from time to time, shall set the fees for the
docking and mooring of vessels at Sea Breeze Park Marina and The Esplanade.
(a)
Notwithstanding any other provisions of law to the contrary, the
failure to have proper authorization to moor or dock a vessel at the
Sea Breeze Park Marina or The Esplanade shall be a violation, as said
term is defined under the Penal Law of the State of New York, and
be subject to a fine of $250 for the first infraction, $500 for the
second infraction, and not more than $1,000 for the third and any
violations thereafter or by imprisonment for not more than 15 days,
or both such fine and imprisonment, for each such violation.
[Amended 8-27-1973; 5-9-1988 by L.L. No. 2-1988; 5-24-1999 by L.L. No.
5-1999]
A.
Generally. Every person operating a boat shall operate
it in a careful and prudent manner at all times and at such rate of
speed as not to disturb the reasonable comfort or endanger the property
or life and limb of others or in such a manner as to interfere with
the free and proper use by others of the channel system and other
parts of the navigable waters within the Village. Creating a dangerous
wake when approaching another boat shall be considered a violation
of this article.
B.
Reckless operation of vessels. It shall be unlawful
to operate any vessel in a reckless manner.
(1)
A person is guilty of reckless operation of a vessel
who operates any vessel, personal watercraft, specialty prop-craft,
water skis, aquaplane or boat in a manner exhibiting a disregard for
the safety of person or property or without due regard, caution or
circumspection or at a rate of speed in a manner so as to endanger
or likely to endanger life or limb or damage to one's own property
or the property of others, including but not limited to the erosion
of marshland; or
(2)
Jumping the wake of another vessel, by an operator
of a personal watercraft or specialty prop-craft, unreasonably or
unnecessarily close to such other vessel or when visibility around
such other vessel is obstructed.
C.
No person shall operate any boat, within the waterways
of the Incorporated Village of Freeport, at any rate of speed which
shall cause a wake, or wave, which may endanger the life or safety
of any person or may cause damage to any property, including but not
limited to the erosion of marshland.
D.
Speed limits. No boat shall be operated at a speed
in excess of five miles per hour in any channel, basin, dock or anchorage,
bathing area or elsewhere in the navigable waters of the Incorporated
Village of Freeport.
E.
Muffler required. No person shall operate a motorboat
without having the exhaust of the engine run through a muffler so
constructed and used as to muffle the noise of the exhaust in a reasonable
manner.
F.
Scope of provisions. The foregoing provisions of this
section shall be held inapplicable in such waters as may be from time
to time set aside for the conduct of boat races or similar events
held under the auspices of a recognized bona fide civic or yachting
club, group or association when a permit therefor has been granted.
The waters thus set aside shall be clearly marked and posted in conformity
with a resolution duly adopted by the Board of Trustees, upon consultation
with and consent of the Town Board of Hempstead and in conformity
with § 34 of the Navigation Law of New York.
G.
Penalties. There shall be a minimum fine of $125 for
a conviction of any provision of this section.
No person shall moor or anchor any houseboat within the harbor line 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 §§ 138-1 through 138-11 of Ch. 138, Licensing of Businesses. Such license shall be renewed weekly.
Inspection of every craft, houseboat or barge
for which a license is required shall be made by the Chairman of the
Board of Police Commissioners 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.
[Amended 8-27-1973]
No person shall moor or anchor any houseboat
or barge in any waters within or bordering in the Village to a distance
of 1,500 feet from the shore for a period of more than 48 hours without
a permit issued by the Village Clerk. These permits shall not be necessary
nor shall they be construed to apply to vessels that are used exclusively
for pleasure.
