[HISTORY: Adopted by the Board of Trustees of the Village of Head-of-the-Harbor 7-29-1978
as L.L. No. 2-1978. Amendments noted where applicable.]
This chapter shall be known as the "Local Law for Jointly Governing
the Waterways within the jurisdiction of the Town of Smithtown and the Incorporated
Villages of Nissequogue and Head-of-the-Harbor."
This chapter shall, except when prohibited by the laws of the United
States, apply to all water and waterways within the jurisdiction of the Town
of Smithtown, including all inland lakes and millponds, and shall apply to
waterways within the jurisdictional limits of any incorporated village within
the boundaries of the Town of Smithtown upon the adoption of a local law of
substantially like purport by any such incorporated village in accordance
within the provisions and requirements of the Village Law of the State of
New York.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes every description of watercraft or other contrivance used
or capable of being used as a means of transportation in the water.
In this chapter or any similar local law duly adopted by any incorporated
village within the boundaries of the Town of Smithtown, employees of the Town
of Smithtown, County of Suffolk or other cooperating municipality, as the
case may be, or duly deputized by the Sheriff of Suffolk County and empowered
to exercise all the authority provided for in § 654 of the County
Law of the State of New York.
Any vessel propelled in water, in whole or in part, by an engine
or motor, whether inboard or outboard.
[Added 1-14-1989 by L.L. No. 12-1989]
Any person or persons, including an individual, firm, corporation,
association or a partnership, owning, operating, chartering or renting a motorboat.
A.
The location of the mooring facilities and types of mooring
permitted in the various waterways subject hereto shall be under the supervision
of and regulated by the governing body of the municipality having jurisdiction
thereover.
B.
No boat or vessel shall be anchored or moored so that
it at any time rests within the lines of any channel, nor shall any boat or
vessel anchor or moor within fifty (50) feet of any channel marker or so as
to interfere with the full use of such channel, nor shall any boat or vessel
anchor or moor within one hundred (100) feet of any municipal dock or other
marine facility.
C.
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 or mooring previously laid down.
Any boats so moored or anchored shall be removed by the owner or person in
charge thereof on order of the enforcing authorities.
D.
If said boat is not removed after orders to so remove
it, it may be removed by or at the direction of the enforcing authorities
at the expense of the owner or person in charge of said vessel, and such expense
may be recovered by civil suit.
All boats or vessels shall be moored in such a way as to be secure at
all times and under all conditions, and such anchoring or mooring shall be
subject to the supervision of the enforcing authorities.
A.
Any boat or vessel, including nonmechanical boats or
vessels, which becomes a menace to navigation or is unseaworthy or sinks,
grounds or otherwise becomes disabled shall be removed by the owner or person
in charge thereof on order of the enforcing authorities. If such boat or vessel
is not removed after an order so to remove it, it may be removed by or at
the direction of the enforcing authorities, at the expense of the owner or
person in charge of said boat or vessel.
B.
The aforesaid has no application in an emergency situation
wherein either the safety of the boat or vessel and/or its passengers is at
stake.
A.
No pleasure boat shall be tied up or made fast to any
municipal dock or to other property of the Town of Smithtown or any municipality
therein for a longer continuous period than ten (10) minutes. In addition
to the penalties provided herein for a violation of any of the provisions
of this chapter or those of any coordinated village local law, the enforcing
authorities may cause any pleasure boat tied up or made fast to any municipal
dock or other property of the Town of Smithtown or any municipality therein
in excess of any continuous period of one (1) hour to be removed at the expense
of the owner or person in charge of such vessel.
B.
The aforesaid has no application in an emergency situation
wherein either the safety of the boat or vessel and/or its passengers is at
stake.
No boat or vessel shall cruise or be operated within two hundred (200)
feet of any lifelines or bathing float, nor shall it be operated within three
hundred (300) feet of any public or private beach or area used for bathing
or swimming.
[Amended 1-14-1989 by L.L. No. 12-1989]
A.
No boat or vessel shall be operated in Stony Brook Harbor
or the Nissequogue River at a speed in excess of five (5) miles per hour.
B.
Every person convicted of violating this section shall,
for a first conviction thereof, be punished by a fine of not more than one
hundred dollars ($100.) or by imprisonment for not more than fifteen (15)
days, or by both such fine and imprisonment; for a conviction of a second
violation, both of which were committed within a period of six (6) months,
such person shall be punished by a fine of not more than two hundred fifty
dollars ($250.) or by imprisonment for not more than thirty (30) days, or
by both such fine and imprisonment; and upon a conviction of a third or subsequent
violation, all of which were committed within a period of six (6) months,
such person shall be punished by a fine of not more than five hundred dollars
($500.) or by imprisonment for not more than sixty (60) days, or by both such
fine and imprisonment.
Nothing herein contained shall prohibit a municipality having the marine
jurisdiction thereover from designating, by resolution duly adopted, special
waterskiing areas or from issuing permits for aquatic events, boat races or
otherwise under proper supervision in limited areas for limited periods of
time, provided that prior permission for the aforesaid is obtained from the
United States Coast Guard and governing municipalities.
A.
No person shall use or operate a boat or vessel to tow
a person on water skis or a surfboard or similar device in any harbor, the
Nissequogue River or within two hundred (200) feet of the shoreline in Smithtown
Bay.
B.
No person shall operate a vessel for towing a person
on water skis, a surfboard or similar device unless there is in such vessel
a person, other than the operator, of at least ten (10) years of age in a
position to observe the person being towed.
A.
Every vessel, mechanical, sail or manually propelled,
shall have a United States Coast Guard approved type life preserver or life
jacket aboard which shall be in sufficient numbers to provide one (1) for
each person on board.
B.
Every mechanically propelled vessel having an engine
of more than ten (10) horsepower shall be provided with a sound-producing
mechanical appliance, except sirens, capable of producing a blast of two (2)
seconds or more in duration and of such strength as to be heard plainly for
a distance of at least one-half (1/2) mile in still weather.
C.
Every vessel, mechanical, sail or manually propelled,
shall carry an anchor of sufficient weight and line or chain of sufficient
strength to provide a safe anchorage for such vessel. Sailboard-type sailboats
shall be excluded from this subsection.
D.
Every mechanically propelled vessel shall be equipped
with a Coast Guard approved fire extinguisher in accordance with the following:
(1)
Class A motor boats, less than sixteen (16) feet: one
(1) B-1 extinguisher.
(2)
Class 1 motor boats, sixteen (16) feet to less than twenty-six
(26) feet: one (1) B-1 extinguisher.
(3)
Class 2 motor boats, twenty-six (26) feet to less than
forty (40) feet: two (2) B-1 extinguishers.
(4)
Class 3 motor boats, forty (40) feet to not more than
sixty-five (65) feet: three (3) B-1 extinguishers.
(5)
Class 4 motor boats, over sixty-five (65) feet: as required
by federal regulations.
E.
Every vessel mechanically propelled eighteen (18) feet
or more used in Smithtown Bay shall carry a fluorescent orange distress flag,
which shall be a minimum of one (1) foot square, and three (3) hand-held-type
red flares for use at night to be displayed and used whenever such vessel
is in need of assistance.
F.
The carburetor of every gasoline engine installed in
a mechanically propelled vessel, except outboard motors, shall be fitted with
a United States Coast Guard approved device for arresting backfire.
G.
Every vessel operated in the waterways under jurisdiction
of this chapter shall be equipped with lights as required by § 43
of the New York State Navigation Law.
H.
No person shall operate a boat or vessel without having
an exhaust from the engine so constructed and used as to muffle the noise
of exhaust in a reasonable manner.
A.
No person under the age of sixteen (16) years shall operate
a mechanically propelled vessel unless the operator is accompanied by a person
sixteen (16) years or older or the operator is ten (10) years or older and
is the holder of a boating safety certificate issued to him by the State Conservation
Commissioner, and such certificate shall be available upon request to any
peace officer and any officer having authority to enforce the provisions of
this chapter.
B.
No person who is the owner of a mechanically propelled
vessel shall knowingly authorize or permit the operation thereof unless the
operator is sixteen (16) years or older or, if less than sixteen (16) years,
is accompanied by a person sixteen (16) years or older or, if ten (10) years
or older, is the holder of a boating safety certificate issued to him by the
State Conservation Commissioner.
C.
No person in an intoxicated condition shall operate any
vessel on the waters under the jurisdiction of this chapter.
D.
No person shall operate any pleasure boat or any vessel
when any occupants of the certain vessel have extended their arms or legs
over the bow of said boat.
No person shall operate a boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupants of any other
boat or cause or frighten or endanger any seabirds, including but not limited
to swans, or cause a dangerous wake when approaching or passing another boat.
The dumping of oil refuse and sewerage or garbage and waste is prohibited
in areas covered by this chapter.
Floats shall be moored in such a way as to be reasonably secure at all
times and under all conditions and anchored and moored subject to the supervision
of the enforcing authority.
[Added 1-14-1989 by L.L. No. 12-1989]
The Suffolk County Police Department, Town Harbormaster, Bay Constables
of the Town Department of Environment and Waterways and the Village Police
Department are hereby empowered to enforce the provisions of this chapter.
Every person operating or in charge of a boat navigating or using Stony Brook
Harbor shall obey the lawful orders of such officers, and such officers may
stop a boat for the purpose of enforcing this chapter.
[Amended 1-14-1989 by L.L. No. 12-1989]
A.
Any person, firm, association or corporation violating any of the provisions of this chapter (except for violations of § 161-9, for which separate penalties are stated within that section) shall be guilty of an offense punishable by fine or imprisonment, or both. For the purpose of conferring jurisdiction upon courts and judicial officers, such violations shall be deemed to be misdemeanors and, for such purposes only, all provisions of law relating to misdemeanors shall apply to such violations.
B.
Notwithstanding the foregoing, any person,
firm, association or corporation violating any provisions of this chapter
shall be subject to a penalty in a sum not exceeding fifty dollars ($50.)
for the first such violation and a sum not exceeding one hundred dollars ($100.)
for any subsequent violation, said penalties to be recoverable as damages
in a civil action brought in the name of this village.
