[HISTORY: Adopted by the Board of Trustees of the Village of Kings Point 6-16-1959 by Ord. No. 29. Amendments noted where applicable.]
Boats — See Ch. 57.
This chapter shall be known as the "Waterways Ordinance of the Village of Kings Point."
It is hereby declared and found that water sports and the operation of boats in the waters or waterways of the Village of Kings Point are matters affecting the public interest and consequently should be subject to the supervision and administrative control of municipal authority for the purpose of safeguarding the public.
The following rules and regulation shall, except when prohibited by the laws of the United States, apply to all waters or waterways in the Village and all waters or waterways adjacent to a distance of 1,500 feet from the shore.
All provisions of the Navigation Law of this state, of the inland rules enacted by Congress and governing the navigation of the inland waters of the United States and of the Pilot Rules for United States inland waters, applicable to channel systems relative to the rules for vessels passing each other, as to lights on vessels and other matters consistent with the proper use of the channel systems, the Federal Motor Boat Act of 1940 and the Federal Boating Act of 1958, shall be complied with by all vessels navigating said systems.
As used in this chapter, the following terms shall have the meanings indicated:
- BOAT or VESSEL
- Includes every description of watercraft or other contrivance used on or capable of being used as a means of transportation in water and in air.
- Main channels and cross channels connecting with them.
- Includes the person under whose name the vessel was last registered with the United States Coast Guard or with the Superintendent of Public Works of the State of New York and in any other case, the last known owner or the person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitles him to such possession.
- SKIN DIVING
- Includes any person swimming with the intent to explore or photograph in local waters or to hunt fish therein, including any person using any self-contained underwater breathing apparatus commonly known as an "Aqua Lung," but shall not include bona fide salvage operations displaying proper signals.
Editor's Note: Former Sec. 5, Sanitation, which immediately followed this definition, was repealed 3-8-1983 by L.L. No. 6-1983.
Boats shall not moor or anchor in any channel and in no case shall vessels moor to or anchor within 50 feet of any channel marker or so as to interfere with the full use of the channel or within 100 feet of the public dock.
Boats shall not moor or anchor so as to endanger the safety of or cause damage to any boat previously anchored or moored or so as to interfere with the mooring of any boat previously laid down, nor shall any boat be tied up or made fast to the public dock or float or to property of the Village for a continuous period in excess of 12 hours or, if indicated by sign, a boat shall not be so tied up for a period in excess of that indicated by the sign. Any boats so moored, anchored or tied up shall be removed by the owner or person in charge thereof on order of the Village Board or any duly authorized officer or agent thereof or member of the Village Police Force. If said boat is not removed after orders to so remove it, it may be removed by or at the direction of the Village Board or any duly authorized officer or agent thereof or member of the Village Police Force at the expense of the owner or person in charge of said boat.
Any vessel which becomes a menace to navigation or sinks, grounds or becomes otherwise disabled shall be removed by the owner or person in charge thereof on order of the Village Board or any duly authorized officer or agent thereof or member of the Village Police Force. If said boat is not removed after orders so to remove it, it may be removed by or at the direction of the Village Board or any duly authorized officer or agent thereof at the expense of the owner or person in charge of said boat.
No person shall operate a boat for towing a person on water skis, a surfboard or similar device unless there is in such boat a person in addition to the operator and in a position to observe the progress of the person being towed.
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 during the period between an hour after sunset and sunrise.
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 in any channel or within 150 feet of any public or semipublic bathing area or public dock or mooring area or within 100 feet of any swimmer or bather, nor shall any such person engaged in such activities come within 300 feet of the shoreline unless they approach or depart perpendicular to the shoreline and solely for the purpose of commencing or ending the ride.
No boat shall be operated at a greater speed than four miles per hour in any area used for bathing or as a boat basin, anchorage or mooring area, nor within 100 feet of the shoreline, a dock, raft, float or an anchored or moored vessel.
Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such a rate of speed as not to disturb the reasonable comfort of occupants of other boats or endanger the property of another or the life or limb of any person or so as to interfere with the free and proper use of the waters.
No boat shall be operated in such a manner as to cause a wake which is dangerous to life or limb of a person or to other boats or other property.
No person shall operate a boat propelled wholly or partly by an engine operated by gas, gasoline, naptha, diesel oil or other substance without having the exhaust from the engine run through a muffler or controlled by the introduction of water into the exhaust pipe or line.
No skin diving shall be undertaken in any fairway or channel or in any waters where the same may interfere with reasonable and proper operation of boats or within 150 feet of any public or semipublic beach used for bathing and swimming or within 50 feet of any person bathing or swimming.
No person shall use, operate or discharge under water any spear gun or similar apparatus within 200 feet of any public or semipublic beach used for bathing or swimming or within 100 feet of any bather or swimmer.
Nothing herein contained shall prohibit the Village Board from issuing special permits for aquatic events, boat races or otherwise under proper supervision in limited areas for limited periods.