[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.]
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.
As used in this chapter, the following terms shall have the meanings
indicated:
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]
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]
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]
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]
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]
[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.
[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.
[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.
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.
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.
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.
[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.
[Amended 12-21-1981 by L.L. No. 14-1981]
[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.
[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.
