This chapter is adopted pursuant to § 130
of the Town Law of the State of New York, including, without limitation, Subdivision
17 thereof, Regulation of Vessels, Personal Watercraft and Specialty
Prop-craft; the New York State Constitution affording police power
to protect health, safety and general welfare of the community; Municipal
Home Rule Law § 10; and § 46 of the Navigation
Law of the State of New York, affording the right to establish a vessel
regulation zone if such establishment of a zone will promote the safety
of the people and be for the best interests of the Town.
The provisions of this chapter shall apply to
all public waterways of the Town of Bethel, which are not privately
owned, to a distance of 1,500 feet from the shoreline of public waterways.
As used in this chapter, the following terms
have the definitions hereinafter given them:
BOATING SAFETY CERTIFICATE
A certificate evidencing that the holder thereof has successfully
completed a course of instruction in boating safety, including instruction
in the safe operation of personal watercraft. The certificate is issued
by the New York State Office of Parks, Recreation and Historic Preservation
(OPRHP), the United States power squadrons, the United States Coast
Guard Auxiliary, or another state or government.
DESIGNATED BATHING AREA
A bathing place at a pond, lake, stream or other body of
fresh or salt water which is used for bathing or swimming, and is
regulated and officially recognized as such by the New York State
Department of Health.
JUMPING THE WAKE
To become airborne or completely leave the water while crossing
the wake of another vessel.
MOTORBOAT
A mechanically propelled vessel designed to be operated in
the conventional manner of sitting or standing inside the vessel.
OPERATOR
An individual who operates or navigates a pleasure vessel.
PARASAILING
Operating a mechanically propelled vessel, by motorboat or
personal watercraft, which is towing a person on water skis, with
a parachute device designed to achieve airlift of the skier.
PERSON
An individual, society, club, firm, partnership, corporation
or association of persons, the singular including the plural.
PERSONAL WATERCRAFT
A vessel which uses an inboard motor powering a water jet
pump as its primary source of motive power, or is powered by an outboard
motor or propeller-driven motor, which vessel 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; said personal watercraft to include, without limitation,
types of personal watercraft and specialty prop-craft as defined in
§ 2 (Subdivisions 30 and 31) of the Navigation Law of the
State of New York.
PUBLIC WATERWAY
Any body of water open to the public and not just the private
owners thereof, including but not limited to lakes, ponds, streams,
rivers or brooks, which shall be wholly located within the boundaries
of or adjoin the Town of Bethel.
RESTRICTED VISIBILITY
Any condition in which visibility is restricted by fog, mist,
falling snow, heavy rainstorms, sandstorms or other similar causes.
TOWING OF PERSONS
Water-skiing; operation of a vessel with a rider, and participants
being towed behind said vessel by means of a towrope or towline, said
participants being on water skis, surfboards, kneeboards, wake boards,
discs, tubes or hydrofoils.
VESSEL
Any floating craft; all vessels shall belong to one of the
following classes, as defined in § 2, Subdivision 6, of
the Navigation Law of the State of New York:
A.
PUBLIC VESSELEvery vessel which is propelled in whole or in part by mechanical power and is used or operated for commercial purposes on the navigable waters of the state; that is either carrying passengers, carrying freight, towing or for any other use; for which a compensation is received, either directly or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement.
C.
PLEASURE VESSELIncludes every vessel not within the classification of public vessel or residential vessel, including but not limited to motorboats and personal watercraft.
WHISTLE
Any sound-producing mechanical appliance, except sirens,
capable of producing a blast of two seconds or more in duration and
of such strength as to be heard plainly for a distance of at least
1/2 mile in still weather.
In the interests of the public health, the prevention
of disease, the elimination of pollution and the exclusion of contamination
of the water and in order to protect and safeguard the sanitation
of bathing, as well as the general health of the citizens, residents
and visitors of the Town of Bethel, no person shall dump or discard
garbage, food wastes, offal or any other waste, refuse or sewage materials
into any of said waters.