Village of Ocean Beach, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Ocean Beach 8-31-1957 by Article XII of the 1951 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 106.
Marina rules and regulations — See Ch. A168.

§ 59-1 Title.

This chapter shall be known as the "Boat, Water Skiing and Swimming Ordinance," and shall be designated as Chapter 59 of the Code of the Incorporated Village of Ocean Beach.

§ 59-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOAT
Includes every type and description of wavecraft and any other mechanical contrivance used on or in or capable of being used as a means of transportation or propulsion or used for buoyancy in or on the water.
[Amended 3-29-1997 by L.L. No. 5-1997]
GUESTS
Includes guests of residents, persons renting premises and patrons of hotels and boardinghouses located within the territorial limits of the Village of Ocean Beach. A person shall be considered renting premises only if such rental is in accordance with the provisions of Article VIII of Chapter 164 and such person is a lawful occupant of premises under said Article VIII.
[Added 3-31-1990 by L.L. No. 1-1990]
NO-WAKE ZONE
An area established within a body of water, whether said body is natural or man-made, wherein water displacement and/or disturbance caused by the movement and/or operation of a watercraft shall not be permitted and/or is otherwise unlawful.
[Added 9-19-1998 by L.L. No. 10-1998]
WAKE
Water displacement and/or disturbance caused by the movement and/or operation of a watercraft.
[Added 9-19-1998 by L.L. No. 10-1998]
WATERCRAFT
A vessel, including a boat, used or capable of being used as a means of transportation in, over or upon water, including nondisplacement craft.
[Added 9-19-1998 by L.L. No. 10-1998]

§ 59-3 Dumping in waters prohibited.

[Amended 9-19-1998 by L.L. No. 10-1998]
The dumping or discharging of oil, refuse, garbage, paper or waste of any kind in the waters within or in the waters adjoining the shorelines of the Village of Ocean Beach to a distance of 1,500 feet is prohibited.

§ 59-4 Operation of boats in Great South Bay restricted.

[Amended 9-19-1998 by L.L. No. 10-1998]
A. 
No boat or vessel shall moor, cruise or be operated in or on the Great South Bay within 250 feet of the shoreline of the Village of Ocean Beach, in the area formed by projecting the east line of Bungalow Walk on the west and east line of Cottage Walk on the east, northerly from the shoreline.
B. 
It is hereby declared to be the policy of the Village Board of Trustees to regulate the wakes of ships, boats, watercraft and water vessels within the Incorporated Village of Ocean Beach or along the shoreline thereof or within 1,500 feet of the shoreline thereof or any place in the water above where the bay bottom is owned and/or leased by the village in order to ensure the safety of the inhabitants of the village and to avoid abuse of water-side village facilities, the preservation of which is necessary for the well-being of the village's inhabitants.
C. 
It is the legislative finding of the Village Board of Trustees of the Incorporated Village of Ocean Beach that the Board of Trustees of the Incorporated Village of Ocean Beach is authorized by the Navigation Law of the State of New York and/or the Code of Ordinances of the Incorporated Village of Ocean Beach and/or the laws of the State of New York to regulate wakes of ships, boats, watercraft and water vessels within the Incorporated Village of Ocean Beach or along the shoreline thereof or within 1,500 feet of the shoreline thereof or any place in the water above where the bay bottom is owned and/or leased by the village.
D. 
No watercraft shall cause a wake in any no-wake zone.
E. 
A no-wake zone is established within the waters of the Great South Bay along the bayfront from Surf Road to Surf View Road within the Incorporated Village of Ocean Beach or along the Great South Bay bayfront shoreline thereof or within 1,500 feet of the Great South Bay bayfront shoreline thereof or any place in the water above where the bay bottom is owned and/or leased by the Incorporated Village of Ocean Beach.
F. 
The Board of Trustees of the Incorporated Village of Ocean Beach may, from time to time by the adoption of a resolution cause such posting of the no-wake zone and/or adopt such other measures and/or provisions to provide for the enforcement and/or regulation and/or any necessary modifications and/or exceptions to the no-wake zone as the Board of Trustees shall deem necessary, and the Board of Trustees shall be authorized to delegate such authority in whole and/or in part to the Village Administrator and/or to the Village Manager as the Board of Trustees deems necessary and proper.

§ 59-5 Mooring at village property.

[Amended 7-28-1962; 6-4-1977 by L.L. No. 2-1977; 3-29-1997 by L.L. No. 5-1997]
No boat shall moor, tie up or dock at, land at or enter into any boat basins, bulkheads or piers or upon any other properties owned or operated by the Incorporated Village of Ocean Beach adjoining or in the waters of the Great South Bay, except with the consent of the Board of Trustees of said village or in accordance with any other local law of the Incorporated Village of Ocean Beach. Any such consent shall be subject to all pertinent rules and regulations promulgated by the Board of Trustees. Such consent may be revoked by the Board of Trustees upon failure of any person to comply therewith. Upon such revocation or consent, the boat shall be removed immediately from the boat basin, bulkheads, piers or other properties.

§ 59-6 Underwater devices.

No person shall utilize any snorkel or other underwater breathing device while swimming or bathing in any of the waters in the Village of Ocean Beach or within 300 feet of any shoreline of the village.

§ 59-7 Operation of boats near bathers.

No boat or vessel propelled other than by hand shall cruise or be operated within 1,500 feet of the southerly shoreline of the village.

§ 59-8 Water skiing.

A. 
No person shall, within 300 feet of the northerly shoreline of the Village of Ocean Beach, operate a boat or vessel for towing a person on water skis, a surfboard or similar device unless there is in such boat or vessel a person other than the operator in a position to observe the progress of the person being towed.
B. 
No person shall, within 300 feet of the northerly shoreline of the Village of Ocean Beach, ride on water skis or use or operate a boat or vessel to tow a person thereon between the period from one hour after sunset to one hour before sunrise.
C. 
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 within the waterways of the Great South Bay adjoining the Village of Ocean Beach or within 150 feet of any public or semipublic bathing beach or public dock or within 50 feet of any swimmer or bather, nor shall any such person engaged in such activities come within 300 feet of the northerly shoreline of the Village of Ocean Beach, unless they approach or depart perpendicularly to the shoreline and solely for the purpose of commencing or ending the ride.

§ 59-9 Directions of lifeguard to be obeyed.

[Amended 6-5-1965]
No person shall swim, bathe or use or operate a surfboard or similar device in any waters in the Village of Ocean Beach or within 1,500 feet of any shoreline of the Village of Ocean Beach in any area where a lifeguard employed by the Village of Ocean Beach shall direct such person not to swim, bathe or use or operate a surfboard or similar device.

§ 59-10 Penalties for offenses.

[Amended 12-21-1981 by L.L. No. 14-1981]
Any person violating this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, § 1-14.

§ 59-11 Consent to application of Navigation Law of Town of Islip.

[Amended 7-19-1980 by L.L. No. 5-1980]
The Village of Ocean Beach hereby consents to the application of the provisions of the Navigation Law of the Town of Islip, Suffolk County, State of New York, to the waters adjoining the Village of Ocean Beach to the extent that the said provisions of the Navigation Law of the Town of Islip are not inconsistent with the prior sections of this chapter.

§ 59-12 Use of village beaches.

[Added 3-31-1990 by L.L. No. 1-1990; amended 3-29-1997 by L.L. No. 5-1997]
A. 
The Village Board of the Incorporated Village of Ocean Beach makes a legislative finding that the State of New York has, by means of its Public Health Law, provided an unfunded mandate for municipalities who provide lifeguard services that public bathrooms must be provided within 500 feet and that the Incorporated Village of Ocean Beach has, in fact, provided public bathrooms, but not within 500 feet of the village beach; and that compliance with the New York State law could cost the village millions of dollars without reimbursement by the State of New York and as such an unfunded mandate; and, additionally, location of said bathrooms within a fragile dune area could cause significant environmental damage to the dunes and beaches and, while relief from said unfunded mandate has been provided by legislation passed by both houses of the New York State Legislature and signed into law by the Governor of the State of New York, all at the request of the Village of Ocean Beach, which legislation sunsets and/or expires on July 1, 1997, when said unfunded mandate, absent permanent or other extending legislation, shall become effective and, whereas the courts of the State of New York have mandated compliance with the unfunded mandate if the village provides for the public health, safety and welfare by providing lifeguard services, accordingly, in the event that no extending and/or permanent legislation shall be effective, the Incorporated Village of Ocean Beach, despite its desires to the contrary, shall not provide lifeguard and/or lifeguard service at the village beach after July 1, 1997, if, during that or any period of time thereafter, the aforestated unfunded mandate regarding the provisions of bathrooms shall be effective.
B. 
It shall be unlawful and/or illegal for any person to swim and/or bathe at any village beach which shall be unattended by a lifeguard and no person shall swim or bathe at any village beach at any time when the beach is unattended by a lifeguard employed by the Village of Ocean Beach, which employment shall not be contrary to the provisions of Subsection A as aforestated.