[HISTORY: Adopted by the Town Board of the
Town of Bethel 7-24-2003 by L.L. No. 2-2003 (Ch. 127 of the 1990
Code). Amendments noted where applicable.]
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:
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.
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.
To become airborne or completely leave the water while crossing
the wake of another vessel.
A mechanically propelled vessel designed to be operated in
the conventional manner of sitting or standing inside the vessel.
An individual who operates or navigates a pleasure vessel.
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.
An individual, society, club, firm, partnership, corporation
or association of persons, the singular including the plural.
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.
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.
A motorboat powered by a motor no larger than 10 horsepower
(hp).
Any condition in which visibility is restricted by fog, mist,
falling snow, heavy rainstorms, sandstorms or other similar causes.
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.
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:
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.
RESIDENTIAL VESSELIncludes every vessel which is used primarily as a residence.
PLEASURE VESSELIncludes every vessel not within the classification of public vessel or residential vessel, including but not limited to motorboats and personal watercraft.
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.
A.
Towing of persons.
(1)
Operation of vessels towing ski or aquaplane riders
are regulated and restricted so that operators shall:
(a)
Keep at least 100 feet from shore, pier, bridge
structure, abutment, other vessels or other persons in the water.
(b)
Have an observer at least 10 years of age physically
on board. Mirrors or other substitute measures or visual apparatus
shall not be acceptable.
(c)
Have a towline not exceeding 75 feet in length.
(2)
Operation of vessels towing riders shall not be permitted
between sunset and 8:00 a.m. or during times of restricted visibility.
(3)
All those towed behind a power-driven vessel shall
wear a United States Coast Guard approved Type I, Type II, Type III
or Type V hybrid personal flotation device.
(4)
Water skiing jumps shall not be placed in the public
waterways of the Town of Bethel.
B.
Personal watercraft.
(1)
As of January 1, 2004, all operators of personal watercraft, including any persons who own, rent or ride personal watercraft, shall be required to possess a boating safety certificate, unless they are subject to the provisions of § 104-5C hereof.
[Amended 1-22-2004 by L.L. No. 1-2004]
(a)
No personal watercraft permits shall be issued
to those operators who do not hold the boating safety certificate.
(b)
No person who is the owner of a personal watercraft
shall knowingly authorize or permit the operation thereof unless the
operator is the holder of, or is accompanied by a person over 18 years
of age who is the holder of, a boating safety certificate.
(2)
Pursuant to § 73-a, Subdivision 1g, of the
Navigation Law of the State of New York, every personal watercraft
shall at all times be operated in a reasonable and prudent manner.
Maneuvers which unreasonably or unnecessarily endanger life, limb
or property, including but not limited to weaving through congested
vessel traffic; or jumping the wake of another vessel unreasonably
or unnecessarily close to such other vessel or when visibility around
such other vessel is obstructed; or swerving at the last possible
moment to avoid collision, shall constitute reckless operation of
a vessel, as provided in § 45 of the Navigation Law of the
State of New York.
(3)
All operators of personal watercraft shall:
(a)
Not operate in any manner or at any speed which
is reckless, unsafe or hazardous to public safety, giving due regard
to visibility, traffic density, state of wind, water and current,
proximity of other craft, operators and water users, and proximity
of navigational hazards.
(b)
Keep at least 100 feet from swimmers or public
and private beaches, except for leaving or arriving at a marina, private
dock or shoreline, in which case the personal watercraft shall operate
at a speed no greater than five miles per hour, without creating a
wake, in a line which is perpendicular to the destination or departure.
(c)
Keep at least 500 feet from any designated bathing
area, except in bodies of water where the opposing shoreline is less
than 500 feet from such designated area, and except for leaving or
arriving, in which case the personal watercraft shall operate at a
speed no greater than 10 miles per hour.
(4)
No personal watercraft shall be operated between sunset
and 8:00 a.m. or during times of restricted visibility, and, if rented,
are limited as hereinafter set forth:
[Amended 1-22-2004 by L.L. No. 1-2004]
(a)
No personal watercraft shall be operated on
Lake Superior or on the public portion of the Toronto Reservoir.
(5)
All operators and riders of personal watercraft shall
wear a United States Coast Guard approved Type I, Type II, Type III
or Type V hybrid personal flotation device.
(6)
If so equipped, the engine cutoff lanyard must be
attached to the operator of a personal watercraft. Visual distress
signals and a sound signaling device (horn or whistle) must be carried.
C.
Motorboats.
(1)
No person shall operate a motorboat at above the minimum
speed necessary to maintain steerage way between sunset and 8:00 a.m.
or during times of restricted visibility.
(2)
Pursuant to § 49, Subdivision 1, of the
Navigation Law of the State of New York, no person under the age of
18 shall operate a motorboat unless the operator is accompanied therein
by a person who is 18 years of age or older, or the operator is 10
years of age or older and is the holder of a boating safety certificate.
(3)
Pursuant to § 45, Subdivision 2, of the
Navigation Law of the State of New York, no vessel shall be operated
within 100 feet of the shore, a dock, pier, raft, float or an anchored
or moored vessel at a speed exceeding five miles per hour, unless
such vessel is being operated near such shore, dock, float, pier,
raft or anchored vessel for the purpose of enabling a person engaged
in water skiing to take off or land.
D.
General regulations.
(1)
No vessel exceeding 20 feet in length shall be permitted,
with the exception of deck, pontoon and sailboats that do not create
significant wakes that create a danger to others using the public
waterways.
(2)
Boats directly approaching each other shall conform
to the "Pilot rules" prescribed in § 41 of the Navigation
Law of the State of New York.
(3)
Pursuant to § 40, Subdivision 1, of the
Navigation Law of the State of New York, every vessel less than 40
feet in length and every rowboat and canoe shall have at least one
wearable personal flotation device for each person on board, which
shall be of a type approved by the United States Coast Guard and shall
be in good condition, as well as an efficient whistle and one B-1
fire extinguisher.[1]
(4)
No motorboat or personal watercraft shall be operated
using zigzag or donut pattern maneuvers.
(5)
Parasailing is restricted and not permitted.
(6)
Towing a disabled vessel shall be strictly in accordance
with the provisions of the New York State Navigation Law.
(7)
No public waterway in the Town of Bethel shall be
used for purposes of offering seaplane rides on a commercial recreational
basis.
(8)
No plastic or vinyl toy rafts shall be allowed outside
of swimming areas.
A.
All motorboats and personal watercraft owned by rental
businesses shall be officially registered with the State of New York
and marked with six-inch-high identification insignia including the
name of the rental company and number on both sides of the watercraft,
except in those cases where the State of New York shall require a
different standard.
B.
No motorboat shall be rented to a person unless such
person is 18 years of age or older, or such person is 16 years of
age or older and the holder of a boating safety certificate. The owner
of such rental business shall obtain identification from the would-be
renter in the form of a driver's license or other alternate form of
identification containing the name and address of the would-be renter.
The license or alternate form of identification shall be held as a
deposit by the owner of the rental business until the return of the
personal watercraft or motorboat to the owner. Each owner of such
rental business shall maintain a daily log of all rentals made by
the rental business. No person other than a rentee shall operate a
rental motorboat or personal watercraft.
C.
No personal watercraft shall be rented to a person
unless such person is 16 years of age or older and is the holder of
a boating safety certificate. Notwithstanding the foregoing, a person
over 18 years of age may operate such personal watercraft without
a boating safety certificate when such operation is restricted by
the operator of such rental business to a specified area, no part
of which shall be more than 2,500 feet from the rental business location,
or, if removed from the rental business location, not more than 500
feet from the rental business operator to supervise such operation
and such personal watercraft and/or the personal flotation device
of the operator is clearly marked in such a manner as to be distinguishable
by the operator of such rental business within the permitted areas
of operation.
[Amended 1-22-2004 by L.L. No. 1-2004]
D.
Personal watercraft shall not be rented between the hours of 5:00 p.m. and 10:00 a.m. and must be secured by 6:00 p.m. daily, excepting the additional restrictions prescribed by § 104-4B(4)(a) of this chapter, for all personal watercraft.
E.
Nonpersonal watercraft vessels, except fishing boats
and pontoon boats, shall not be rented between the hours of 6:00 p.m.
and 10:00 a.m. and must be secured by 7:00 p.m. During the month of
July, however, nonpersonal watercraft vessels may be rented up to
7:00 p.m., and shall be secured during July no later than 8:00 p.m.
F.
The owner of each rental business shall provide information
to the operator of any motorboat or personal watercraft rented regarding
the manner in which it is to be operated, which information shall
be in accordance with the manufacturer's instructions and design.
Such course of instruction shall also be fully consistent with the
boating safety instruction requirements adopted by the State of New
York for personal watercraft. The owner of the rental business shall
also obtain the signed consent of any operator of a motorboat or personal
watercraft that he or she has reviewed and understands these written
instructions. These instructions shall be provided on a laminated
card permanently affixed to the motorboat or personal watercraft in
a location which is easily visible to the operator and shall include
a summary of the foregoing rules of operation as well as such other
information as the Town Board of the Town of Bethel shall from time
to time specify by resolution. Failure to so instruct each renter
of said requirements shall subject the owner of a rental business
to a violation of this chapter.
[Amended 1-22-2004 by L.L. No. 1-2004]
G.
Each rental business owner shall have a manned patrol
boat on the water and operating at all times that any motorized watercraft
is rented out. Such patrol boat shall ensure that all watercraft rented
by the owner are operating in compliance with this chapter and provide
such other operational assistance and guidance as may be required
to ensure safe conduct and safe use of the public waterways by its
customers.
H.
All rental operations shall require a special use permit pursuant to Chapter 345, Zoning, and shall not be permitted to operate without first obtaining said permit regardless of whether or not any building construction is involved. Any existing operations which were lawfully established pursuant to Chapter 345, Zoning, prior to the enactment of this chapter shall comply with all operational aspects of this chapter within 30 days of the effective date as provided herein. All rental sites shall be located on shore and no rental business shall be permitted more than one location.
I.
All operators of motorboats or personal watercraft
owned by rental businesses shall be provided with and utilize personal
flotation devices as required above. Such personal flotation devices
shall be clearly marked in easily readable contrasting colors to identify
the fact the equipment being operated is a rental.
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.
A.
Basic requirements. No personal watercraft shall be
operated on any public waterway in the Town of Bethel unless the owner
or operator of such personal watercraft shall:
(1)
Have obtained a current permit from the Town of Bethel
to operate the personal motorized watercraft on the public waterway
of the Town.
(2)
Be the holder of a boating safety certificate, a copy
of which must be submitted to the Town in order for the permit to
be granted.
(3)
Operate such personal motorized watercraft in compliance
with the requirements of this chapter pertaining to boating and the
operation of personal watercraft. These requirements apply to all
jet-powered watercraft.
B.
Application of requirements. The particular requirements
of this permit system, notwithstanding the applicability of the remainder
of this chapter to all of the Town, shall only be White Lake and only
for the period of May 1 through September 30. They shall also only
be applicable to personal watercraft.
C.
Types of permits. The following types of permits shall
be made available:
(1)
Season permits. These permits shall provide for operation
of personal watercraft, consistent with this chapter, on the waters
of White Lake anytime from May 1 through September 30.
(2)
Weekly permits. These permits shall provide for operation
of personal motorized watercraft, consistent with this chapter, on
the waters of White Lake for periods of one week or less ending on
Mondays. Weekly permits shall be dated and shall not be reusable.
They shall not be issued more than seven days prior to the beginning
of the period to which they apply and shall be made available to the
general public on a first-come, first-served basis. Boat liveries
and/or rentals shall not be eligible for weekly permits.
(3)
Daily permits. These permits shall provide for operation
of personal watercraft, consistent with this chapter, on the waters
of White Lake for a given single date. Daily permits shall be issued
at the discretion of the Bethel Dockmaster based on the advice of
the Bethel Water Patrol, observed level of lake use and operation
conditions. They shall not be reusable, shall be dated and shall only
be issued on the day for which they apply. They shall be made available
to the general public at the New York State launch site by the Dockmaster
on a first-come, first-served basis. Boat liveries and/or rentals
shall not be eligible for daily permits.
D.
Permit limits.
(1)
The total combined number of weekly and daily permits
issued at any one time shall be limited to a maximum of 25.
(2)
The following exceptions and special provisions shall
be made with respect to permits:
(a)
Notwithstanding any limit on the number of permits
issued, any Town of Bethel resident shall be issued a season or weekly
permit upon request and such permits shall only be counted with respect
to determining remaining permits to be made available to those members
of the general public who are not residents in the Town of Bethel.
(b)
Boat liveries and/or rentals located on White
Lake which were lawfully established prior to the 2000 season shall
each be eligible for up to three season permits and shall have priority
for the season permits which are limited in number. All such permits
containing the prerequisites of this chapter shall be applied for
prior to May 1 of the year for which they are intended to apply. Application
may be made by personal appearance or by mail, in accordance with
the rules and regulations established by the Town Clerk of the Town
of Bethel. A daily roster with the registration numbers of the personal
watercraft to be used that day will be submitted to the Town of Bethel
patrol boat on duty each day.
(c)
Lawfully established marinas located on White
Lake which rent boat slips or moorings for personal watercraft not
used in a rental operation and which do not rent personal watercraft
themselves shall each be allocated up to five weekly permits per week,
notwithstanding any other limits or restrictions which may apply.
These weekly permits shall be reserved to the marina for sale to individual
renters of slips or moorings.
(d)
Daily permits shall be issued at the discretion
of a Dockmaster to be appointed by the Town of Bethel Town Board.
The Dockmaster shall be authorized, but not required, to issue on
a daily basis such additional permits as the observed levels of use
and conditions may warrant. In determining whether to issue daily
permits, the Dockmaster shall also be guided by the advice of the
Bethel Water Patrol and shall not issue such permits if the chief
enforcement officer on duty at the time shall for any reason declare
conditions to be unsafe.
(3)
Permits, once issued to an owner or operator, shall
not be transferable to another owner or operator.
E.
Standards and enforcement.
(1)
All permittees shall fully comply with this chapter.
(2)
All permits shall be accompanied with educational
materials regarding boating safety and the requirements of this chapter.
(3)
All applicants for permits shall produce a copy of
a current boat registration for the personal watercraft to which they
want the permit to attach. Such registration shall be in the name
of an eligible permit applicant.
(4)
No personal watercraft, motorboat, pontoon boat or
motorized vessel of any other kind that is rented to the general public
shall be operated on White Lake unless the owner of such watercraft
has secured a policy of insurance against liability for bodily injury
and death and for property damage associated with operation of a personal
watercraft. All applicants for permits shall maintain and, upon request,
produce proof of financial security to cover this liability. Such
proof, which shall be required as prerequisite of any permit application,
shall be in the form of a certificate of insurance documenting that
the owner of the personal watercraft has secured a policy of insurance
affording coverage of no less than $1,000,000 for combined single
limit liability (bodily injury or death and property damage) per accident.
The failure to produce such certificate of insurance, when requested
to do so by any person charged with the administration and enforcement
of this chapter, shall be presumptive evidence of operating a vessel
without insurance. Upon production of such certificate of insurance,
the presumption shall be removed.
(5)
Permits shall be produced on demand of any officer
charged with the responsibility for enforcing this chapter and permittees
shall likewise produce copies of boating registrations upon request
to do so.
(6)
Those officials responsible for enforcing this chapter
shall have full and complete authority to enforce the provisions of
this permit system, including the right to issue appearance tickets.
(7)
A permit shall be considered immediately revoked for
a period of one year upon conviction for any violation of this chapter
or the requirements contained herein. No further notice to the permittee
shall apply and such permittee shall not be eligible to apply for
a new permit until the one year has expired.
F.
Administration.
(1)
The Town of Bethel Town Clerk shall issue all season
and weekly permits provided.
(2)
Daily permits shall be issued by the Dockmaster.
(3)
There shall be no fees for personal watercraft permits.
(4)
The Town of Bethel Town Clerk shall make final decisions
with respect to issuing all season and weekly permits and such decisions
shall not be appealable. The Dockmaster shall similarly make all final
decisions with respect to daily permits, except as provided herein.
(5)
The Town Board may temporarily or permanently suspend
all permits in the event of an emergency or other threats to public
safety.
(6)
No permit, once issued, shall be transferred to any
other party.
A.
The provisions of this chapter shall be enforced by the Town of Bethel Town Constable and/or other law enforcement agencies. The Constable shall be assisted by members of the Bethel Water Patrol, all of whom shall be appointed by the Town of Bethel Town Board for specific terms of office and may also be removed at the discretion of the Board. All shall serve in the capacity of constables and with the authority given to such public servants under § 9-2 of the Town of Bethel Code.
B.
Any person, partnership, association or corporation
who violates any provision of this chapter shall be guilty of a violation
pursuant to this chapter and be punished by a fine of not less than
$50 nor more than $500 or by imprisonment of not more than 15 days
or by such fine and imprisonment, or other penalties as may be available
under Town Law.
C.
In addition to the above-provided penalties, the Town
Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with
or to restrain by injunction the violation of any portion of this
chapter.
