[HISTORY: Adopted by the Town Board of the Town of New Berlin 9-10-2001
by L.L. No. 4-2001. Amendments noted where applicable.]
This chapter is hereby enacted pursuant to the authority granted by
§ 10 of the New York State Municipal Home Rule Law and § 130
of the New York State Town Law.
The purpose of this chapter is to promote the health, safety and welfare
of the residents of the Town of New Berlin and all others who utilize New
Berlin bodies of water for recreational boating in the Town of New Berlin.
The definitions in this chapter are the same as those found in § 2
of the New York State Navigation Law, adopted herein in its entirety.
The Navigation Law of the State of New York is the controlling law in
the Town of New Berlin. This chapter establishes rules and regulations that
reflect and supplement the Navigation Law and are specific to the Town of
New Berlin.
Only pleasure vessels as defined in the Navigation Law are permitted
on the navigable lakes, ponds and bodies of water in the Town.
The exhaust of every internal combustion engine used on any vessel on
the navigable waters of the Town shall be effectively muffled by equipment
so constructed and used as to muffle the noise of the exhaust in a reasonable
manner. The use of cut-outs is prohibited. Failure to muffle the nose of the
exhaust in a reasonable manner or the use of cut-outs, except as herein authorized,
shall be deemed a misdemeanor and punishable by a fine of not more than $250.
A.
Every master or operator of a vessel shall at all times
navigate the same in a careful and prudent manner and at such rate of speed
as not to unreasonably interfere with the free and proper use of the navigable
waters of the Town or unreasonably endanger any vessel or person.
B.
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 with the exception of personal motorized watercraft which
shall not operate within 500 feet of shore.
C.
The violation of any of the provisions of this section
shall constitute an offense punishable by a fine of not less than $25 nor
more than $100 or by imprisonment not exceeding 30 days, or by both such fine
and imprisonment for a conviction of a first offense; by a fine of not less
than $50 nor more than $200 or by imprisonment not exceeding 90 days, or by
both such fine and imprisonment for conviction of a second offense committed
within a period of 24 months; by a fine of not less than $100 nor more than
$500 or by imprisonment not exceeding 180 days, or by both such fine and imprisonment
for conviction of a third or subsequent offense committed within a period
of 24 months.
No motorized vessels shall operate within 100 feet of swim areas except
for departure and return to dock or mooring. No personal motorized watercraft
shall operate within 500 feet of swim areas.
Motorized vessels may operate only at a speed of five miles per hour
between sunset and sunrise. Personal motorized watercraft shall only operate
between the hours of 10:00 a.m. and 2:00 p.m.
No motorized vessels are permitted on Millbrook Reservoir with the exception
of electronic trolling devices at a speed not to exceed five miles per hour.
Unless otherwise stated, any violation of the sections of this chapter
is a misdemeanor and is punishable by a fine of up to $250.
