This chapter shall be known as the "Waterways Ordinance of the Village of Brightwaters, New York."
It is hereby declared and found that the operation of boats in the waters or waterways of the Village of Brightwaters is a matter affecting the public interest and consequently should be subject to the supervision and administrative control of municipal authority for the purpose of safeguarding the public.
A. 
The following rules and regulations shall, except when prohibited by the laws of the United States, apply to all waters or waterways in the Village and to all waters or waterways adjacent to a distance of 1,500 feet from the shore, provided that they shall not apply to waters or waterways in the channel system, if any, under the supervision of the Long Island State Park Commission.
B. 
All provisions of the Navigation Law of this state, of the inland rules enacted by Congress and governing the navigation of the inland waters of the United States and of the Pilot Rules for the United States (inland waters) applicable to the channel systems, relative to the rules for vessels passing each other, as to lights on vessels and other matters consistent with the proper use of the channel systems, shall be complied with by all vessels navigating said systems.
As used in this chapter, the following terms shall have the meanings indicated:
BOAT
Includes every vessel propelled in any manner other than by hand but shall not be deemed to include public vessels of the United States or of the State of New York or any municipality therein.
CHANNEL SYSTEM
Main channels, cross channels connecting with them, basins and bathing areas.
OWNER
Includes the person under whose name the vessel was last registered with the United States Coast Guard or other authority having jurisdiction if requiring registration 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.
SKIN DIVING
Includes any person swimming with the intent to explore or photograph in local waters or to hunt fish therein, including any person using any self-contained underwater breathing apparatus, commonly known as an "Aqualung," but shall not include bona fide salvage operations displaying proper signals.
A. 
Boats shall not moor or anchor in any channel, and in no case shall vessels moor to or anchor within 50 feet of any channel marker or so as to interfere with the full use of the channel.
B. 
Boats shall not moor or anchor so as to endanger the safety of or cause damage to any boat previously anchored or moored nor so as to interfere with the mooring of any boat previously laid down. Any boats so moored or anchored shall be removed by the owner or person in charge thereof on order of the Village Board or any duly authorized officer or agent thereof or member of the police or Harbormaster of the Village. If said boat is not removed after orders to so remove it, it may be removed by or at the direction of the Village Board or any duly authorized officer or agent thereof or member of the police or Harbormaster of the Village, at the expense of the owner or person in charge of said vessel, to be enforced by civil suit.
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 Village Board or any duly authorized officer or agent thereof or member of the police or Bay Constable or Harbormaster of the Village. If said boat is not removed after orders to so remove it, it may be removed by or at the direction of the Village Board or any duly authorized officer or agent thereof, at the expense of the owner or person in charge of said vessel, to be enforced by civil suit. A vessel deemed by the Board or its agent to be a serious hazard may be removed forthwith at the expense of the owner.
[Amended 3-5-2007 by L.L. No. 2-2007]
No person shall cause any boat, vessel or watercraft of any kind to remain at any public dock, beach or bulkhead for more than 24 consecutive hours, except such boats and vessels as may be duly permitted to lie at moorings as hereinafter provided.[1]
[1]
Editor's Note: Former § 39-28, Use of boat or vessels as living quarters restricted, and § 39-29, Loading or unloading passengers: permit required, which immediately followed this section, were deleted 11-4-1991 by L.L. No. 4-1991.
No person shall enter Yacht Harbor with an aircraft or seaplane of any description.
[Added 11-4-1991 by L.L. No. 4-1991]
A permit is required to moor in either the harbor or Walker Park Basin. A permit fee shall also be required in an amount to be set by the Board of Trustees from time to time by resolution.[1] The permit holder must comply with the agreement that is a part of the permit application, and violation of said agreement shall constitute a violation of this chapter.
[1]
Editor's Note: The current fee schedule is available from the Village Clerk at the Village offices during regular office hours.
[Amended 3-5-2007 by L.L. No. 3-2007]
Assignment of berthings, moorings and dockings for all boats in the Incorporated Village of Brightwaters shall be under the jurisdiction and control of the Harbormaster or such other officer as may be appointed by the Board of Trustees. No person shall moor, anchor or fasten any boat or other watercraft in the canal or harbor or adjacent to any dock, bulkhead, pier or beach, except as provided in § 124-17, without first obtaining a mooring license from the Harbormaster. No portion of any boat or other watercraft moored, anchored or fastened in the canal may protrude beyond the canal poles into the travel portion of the canal located in the center of the canal between the canal poles on its eastern and western sides.[1]
[1]
Editor's Note: Former § 39-31A, which required permission for certain vehicles to enter Walker Park Basin, and § 39-31C, which prohibited the use of boats in Village lakes, which followed this section, were deleted 11-4-1991 by L.L. No. 4-1991.
[Amended 11-4-1991 by L.L. No. 4-1991]
A. 
No boat shall be operated at a speed greater than five miles per hour within the harbor and/or within 1/4 of a statute mile from shore except where a channel approaches the shoreline closer than 1/4 of a statute mile.
B. 
No boat or vessel shall cruise or be operated within 100 feet of any lifeline or bathing float or, if there are no lifelines or bathing floats, then within 150 feet of any public or semipublic beach regularly used for bathing or swimming, nor shall such boat or vessel cruise or be operated in excess of five miles per hour within 50 feet of any person bathing or swimming, except at inlets or where a channel approaches the shoreline closer than 1/4 of a statute mile.
A. 
No person shall operate a boat or vessel for towing a person on water skis, a surfboard or a similar device unless there is in such boat or vessel a person of suitable age and discretion, other than the operator, in a position to observe the progress of the person being towed.
[Amended 11-4-1991 by L.L. No. 4-1991]
B. 
No person shall ride on water skis, a surfboard or a similar device or use or operate a boat or vessel to tow a person thereon between the period from one hour after sunset to one hour after sunrise.[1]
[1]
Editor's Note: Former § 39-8C, which restricted the location of waterskiing and which immediately followed this subsection, was deleted 11-4-1991 by L.L. No. 4-1991.
A. 
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 not to disturb the reasonable comfort or endanger the property of another or the life or limb of any person or so as not to interfere with the free and proper use of the waters.
B. 
No boat shall be operated in such a manner as to throw up a wake which is dangerous to life or limb of a person, boats or other property.
No person shall operate a boat propelled wholly or partly by an engine operated by gas, gasoline, naphtha, diesel oil or other substances 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.
Nothing herein contained shall prohibit the Village Board from issuing special permits for events, boat races or otherwise, under proper supervision in limited areas for limited periods.
A. 
No skin diving shall be undertaken in any fairway or channel or in any waters where the same may interfere with reasonable and proper operation of boats or within 150 feet of any public or semipublic beach regularly used for bathing and swimming or within 50 feet of any person bathing or swimming.
B. 
No person shall engage in skin diving without displaying the international diving flag or an authorized skin-diving flag of suitable size, consisting of a red flag with a diagonal white stripe, adequately displayed by float, buoy or boat at all times, and without a person of suitable age and discretion other than the skin diver in a position as lookout.
C. 
No person shall use, operate or discharge underwater any spear, gun or similar apparatus.
[Amended 11-4-1991 by L.L. No. 4-1991]
The Police Department and/or Bay Constable and/or Harbormaster and/or Code Enforcement Officer of the Village is hereby empowered to enforce the provisions of this chapter, and every person in charge of a vessel navigating or using the waterways of the Village shall at all times obey the lawful orders of the members of such Police Department and/or Bay Constables and/or Harbormaster and/or Code Enforcement Officer, and such officers shall have the right to stop any vessel navigating or using the waterways of the Village for purpose of enforcing this chapter.[1]
[1]
Editor's Note: Former § 39-14, Penalties for offenses, which immediately followed this section, was deleted 11-4-1991 by L.L. No. 4-1991. See now Art. IV of this chapter.
It is forbidden to discharge toilets or to deposit or to cause the deposit of any offal, ashes, garbage, waste, oil or other offensive or rejected materials into any of the waters within the Village limits, either from shore or from any craft.[1]
[1]
Editor's Note: Former Art. III, Bathing Beaches and Pools, which immediately followed this section, was deleted 11-4-1991 by L.L. No. 4-1991.