[HISTORY: Adopted by the City Council of the City of Newburgh 9-8-1986 by Ord. No. 12-86. Amendments noted where applicable.]
Water Department — See Charter, Art. IX-A.
Docks and waterways — See Ch. 147.
Environmental quality review — See Ch. 158.
Fees — See Ch. 163.
Firearms — See Ch. 169.
Littering — See Ch. 183.
Noise — See Ch. 212.
Parks and recreation areas — See Ch. 220.
Property damage — See Ch. 234.
Water — See Ch. 293.
Board of Parks, Recreation and Conservation. The authority of the Board of Parks, Recreation and Conservation with respect to the City reservoirs shall be limited to clearing any debris from the reservoirs which might interfere with boating and fishing on the reservoirs and clearing the area around the reservoirs and providing such recreational facilities as said Board decides are feasible.
Water Department. All matters relating to the water treatment and services to the City are to remain in the sole control of the Water Department of the City.
All laws and regulations and ordinances of the State Department of Health, the County of Orange and the City of Newburgh shall be observed. Any infraction of any of those regulations by any person using a permit obtained under § 242-4 shall cause such permit to be canceled and the holder prosecuted for any violation.
Persons to whom New York State fishing licenses have been issued may fish in Washington Lake from April 1 to October 31 upon obtaining a permit and if done in accordance with the provisions herein set forth.
Fees. The fees shall be as set forth in Chapter 163, Fees, of this Code.
[Amended 6-13-1988 by L.L. No. 4-1988]
Issuance; conditions. Permits shall be nontransferable, and no more than one permit shall be issued to any one individual at one time. Children under 18 years of age shall not be issued a permit unless accompanied by a person over the age of 21 years. All occupants using the boat for which the permit has been issued shall sign said permit. Permittees must have their permits on their persons when on City property and upon request shall show their permits to a Department representative or other duly authorized official. Any violation of a City ordinance or a regulation of the City Manager is cause for revocation. Permits of violators shall be surrendered upon request to the Department. A permittee must, on request of the Department or other duly authorized official, immediately leave City property and not enter thereon without permission.
The hours during which fishing in the reservoir shall be permitted are daily 6:00 a.m. to 6:00 p.m. Boats shall be moored prior to 6:00 p.m. Permits shall be surrendered to the Recreation Department attendant at the reservoir when the boat is returned. The Department of Recreation and Water Department may restrict these hours or close either or both of the reservoirs to fishing when such action is deemed necessary, and shall post such hours at the gatehouse of the reservoir fishing facility. No person shall fish in any area marked as restricted or prohibited by the Department. The reservoir fishing facility shall be closed on Easter Sunday, Memorial Day, Independence Day and Labor Day.
The following is the limit of fish that may be taken from the reservoir by the occupant or occupants of any boat in any one day:
Black bass, large or small mouth, 10 inches or more in length: 10 to a person or 15 to any boat occupied by more than one person.
Pickerel, 15 inches or more in length: 10 to one person or 20 to a boat occupied by more than one person.
Trout, 10 inches or more in length: five to a person.
All other fish, including those abovementioned: not to exceed 30 to a boat in any one day.
The Department of Recreation may, by requisition, impose stricter limits than those set forth herein when required to preserve the stock of fish in the reservoirs.
Registration. Privately owned boats will not be allowed on the reservoir unless the owner first registers said boat with the Recreation Department of the City and obtains a permit to keep said boat at the reservoir. The Department shall permit no more than 25 private boats to be kept at the reservoir during the season. Permits shall be issued on a first-come-first-permit-issued basis. No permit shall be issued unless the following requirements are met:
The boat must be at least 12 feet in length and no more than 16 feet in length.
The boat shall be equipped in compliance with all New York State and U.S. Coast Guard regulations and shall have a minimum of one U.S. Coast Guard approved Type II personal flotation device, nearshore buoyancy aid, for each occupant of the boat. No more than three occupants per boat shall be permitted.
The boat shall be cleaned by the City at the Water Filtration Plant and inspected to ensure that the boat carries no contaminants, pollutants or organisms into the waters of the reservoir. The cost of the cleaning and inspection shall be established by the Water Superintendent based upon the actual cost to the City of performing the cleaning and inspection, and the cost thereof shall be paid by the boat owner prior to the cleaning and inspection.
No sailboats, canoes, motorboats or kayaks shall be permitted. Electric motors may be permitted, provided that the motor and batteries are securely fastened to the boat. No gasoline motor or other motor which utilizes a fuel determined by the Superintendent of Water to be hazardous to the quality of the waters of the reservoir shall be permitted.
Operation of boats on the reservoir. The following restrictions shall apply to the operation of any boat of the reservoir:
No boat shall be operated on or kept at the reservoir without having first been registered and obtained a permit as provided in Subsection A of this section.
Boats shall not be rented by private owners to other individuals.
Private boats used on the reservoirs shall be operated in accordance with the applicable New York State and U.S. Coast Guard regulations.
Private boat owners must locate their boats at the boat area designated by the City. The City may change the designated boat area at its sole discretion upon due notice to the boat owner.
Private boats shall be maintained in a sanitary condition.
No more than three persons may occupy a boat in use upon the reservoir.
Boats may not be left in the water while not in use or overnight.
Not later than October 1 of each year, private boat owners must remove their boats from the water to a point above the high-water mark as may be designated by the Recreation Director. The City may remove and store any boat left in the water after October 1 or which is not stored above the high-water mark or is not in an area designated for boat storage by the Recreation Director. Such removal and storage shall be at the expense of the boat owner.
Private boat owners must notify the Water Department at least 48 hours in advance of the boat's removal from City property. Once a boat is removed from City property its permit must be surrendered and a new permit and registration must be obtained before the boat may be returned to City property.
Marking of boats. On each side of the bow of the boat and on the stem, there shall be placed legible figures not less than 2 1/2 inches high corresponding to the number of the permit.
Camping shall be and is hereby prohibited at the reservoirs.
Firearms are expressly prohibited at the reservoirs. Air guns, bows and arrows or any other device which employs the principle of projecting a missile are expressly prohibited.
Fires are expressly prohibited at the reservoirs.
Littering the grounds or waters at the reservoirs is expressly prohibited. Garbage and refuse shall be deposited in receptacles provided therefor.
No person shall injure, deface, mar, disturb or befoul any grounds, trees or shrubs, waters, buildings, signs, equipment or any other property located on the reservoir lands.
Bathing or swimming in the reservoirs is expressly prohibited.
Commercial enterprises are expressly prohibited at the reservoirs.
The use of loud, boisterous or indecent language at the reservoirs is prohibited. No person shall be indecently dressed or exposed. No person shall conduct himself in such a manner as to endanger the life, limb or property of others.
No person shall be allowed on the premises of a reservoir after dark.
There shall be no fishing from the shores of Brown's Pond or Washington Lake except for the shore fishing area at Lockwood's Basin as designated and marked by the Superintendent of Water, subject to the provisions of § 220-30 of the Code of Ordinances. The Superintendent of Water shall designate those areas of the reservoir and watershed lands to which public access is prohibited.
No human excreta shall be deposited in any spring, marsh, watercourse, lake or reservoir nor on the ground within 250 feet of same nor anywhere upon City property.
No clothes or objects of any kind shall be washed in any spring, marsh, watercourse, lake or reservoir.
No bait cans, dead bait, lunchboxes, garbage, papers, trash or refuse of any kind shall be deposited in any spring, marsh, watercourse, lake or reservoir or deposited upon any City property or the adjacent highways.
There shall be no bathing, swimming or wading.
No fences, walls, structures, buildings or other property shall be disturbed, defaced or injured.
There shall be no picnicking.
All boats shall be maintained in a sanitary condition. Permittees shall be responsible for such maintenance.
[Amended 6-13-1988 by L.L. No. 4-1988; 9-28-1998 by Ord. No. 12-98]
Any person who shall violate any of the provisions of this chapter or fail to comply therewith or who shall violate or fail to comply with any order made thereunder shall be punished as provided in § 1-12 for violation of this chapter of the Code of Ordinances of the City of Newburgh, and, in addition, all that person's fishing privileges shall be revoked for the remainder of the season.
The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects. Each day that prohibited conditions exist shall constitute a separate offense.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
The City Manager shall have the authority to issue regulations governing the use and operation of the reservoirs, the fishing program and related facilities.