A.
It shall be unlawful to operate a boat at a speed
greater than five miles per hour or at a speed which generates an
excessive wake, whichever speed is lower, in an area used as a boat
basin, beach area, anchorage or mooring area, or within 300 feet of
the shoreline or of a dock, raft, float or anchored vessel.
[Amended 6-26-2001 by L.L. No. 7-2001]
B.
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 to not disturb the reasonable comfort of the occupants of other
boats or endanger the property of another or so as to interfere with
the free and proper use of the waters.
C.
No boat shall be operated in such a manner as to cause
a wake which is dangerous to life or limb of a person or to other
boats or property.
D.
No person shall operate a boat upon the waterways
of the Town while he has 1/10 of 1% or more by weight of alcohol in
his blood as shown by chemical analysis of his blood, breath, urine
or saliva made pursuant to the procedure set forth by § 1194
of the Vehicle and Traffic Law of the State of New York.
E.
Except where a slower speed is mandated by Subsections A, B or C of this section, or any other section of this chapter, no boat or vessel shall be operated at a speed greater than 10 miles per hour in Manhasset Bay southeast of a line drawn southerly from Plum Point to Kennilworth Club's dock in Great Neck or in the area of Hempstead Harbor bounded on the north by Buoy C-9 and on the south by Buoy N-10.
F.
Mitchells Creek and Southern Hempstead Harbor.
[Added 6-11-1996 by L.L. No. 9-1996; amended 2-10-1998 by L.L. No. 6-1998; 6-26-2001 by L.L. No. 7-2001]
(1)
No person shall operate any personal watercraft or similar watercraft in the waters of Mitchells Creek or in Southern Hempstead Harbor. Notwithstanding the provisions of § 69-30, violation of this subsection shall be punishable by a fine of not less than $250 nor more than $500, and for the second or subsequent offense within a period of five years committed with the same watercraft or with another watercraft owned by the same person, the watercraft itself shall be subject to forfeiture. Law enforcement officers are authorized to seize and to take into custody any watercraft subject to forfeiture, pending final disposition in court. The owner of the watercraft and the operator shall be jointly and severally liable for paying any fine imposed under this subsection.
(a)
For purposes of this subsection, a "personal watercraft"
is defined as a powered watercraft, 12 feet or less in length, designed
to be ridden in either the standing or seated astride position.
(b)
For purposes of this subsection:
[1]
"Mitchells Creek" is defined as all waters connected
to Manhasset Bay and situated in an arc of 135º running from
south to northwest within a radius of 4,000 feet of a point on the
shoreline of Manhasset Bay, identified as latitude 40º 49' 40"
north, longitude 73º 44' 21" west, and identified as N219600/E2072200
on the NAD27, New York State Coordinate System.
[2]
"Southern Hempstead Harbor" is defined as all
waters within Mott's Cove, and all waters within Hempstead Harbor
situated south and west of a line whose westernmost point is identified
as latitude 40º 49' 34" north, longitude 73º 39' 21" west,
and whose easternmost point is identified as latitude 40º 49'
20" north, longitude 73º 38' 51" west.
(2)
The Director of Harbor and Marine Enforcement shall
post a sign or signs as near as possible to the entrance of Mitchells
Creek, and in and around Southern Hempstead Harbor, warning boaters
of the foregoing prohibition.
[Amended 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]
No person shall operate a boat propelled wholly
or partly by an engine operated by the explosion of gas, gasoline,
naphtha or other substance, without having the exhaust from the engine
run through a muffler or 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 a boat for purposes of towing
a person on water skis, a surfboard or similar device unless such
boat contains, in addition to its driver, a person over 10 years of
age who is in a position to observe the progress of the person being
towed.
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 in Manhasset Bay southeast of a line drawn southerly from
Plum Point to Kennilworth Club's dock in Great Neck or that area of
Hempstead Harbor bounded on the north by Buoy C-9 and on the south
by Buoy N-10.
A.
No skin diving shall be undertaken in any channel
or in any waters where the same may be said to interfere with reasonable
and proper operation of boats or within 300 feet of any public beach
used for bathing or swimming or within 150 feet of any person bathing
or swimming within an area designated for bathing or swimming.
B.
No person shall use, operate or discharge under any
water any spear gun or similar apparatus within 500 feet of any public
beach used for bathing or swimming or within 300 feet of any bather
or swimmer.
C.
Any person engaged in skin diving shall maintain a
visible red flag with a diagonal white bar on the boat or on the surface
of the water in the area of the skin diving operation.
[Amended 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]
A.
No person shall lift, drag or launch any boat from
any facility owned by the Town without authorization from the Director
of Harbor and Marine Enforcement.
B.
The launching of any boat shall be at the risk of
the owner, his representative or agent, and the Town shall not be
subject to any liability therefor. No boat more than 25 feet in length
shall be launched from any Town boat ramp. The Director of Harbor
and Marine Enforcement may bar any type of boat for any reason which,
in his judgment and discretion, would jeopardize the health, safety
and welfare of other boat owners.
[Amended 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]
Nothing herein contained shall prohibit the
Director of Harbor and Marine Enforcement from dissuing special permits
for aquatic events, boat races and a supervised water skiing course
under proper supervision and in designated areas for limited periods.
