[HISTORY: Adopted by the Board of Trustees of the Village of Lattingtown
(Art. 24 of the 1998 General Ordinance Compilation). Amendments noted where
applicable.]
The following regulations are necessary in order to protect and secure
navigation, bathing, fishing and other recreational uses, and the natural
beauty and healthful, safe, full and proper enjoyment of the waters and ecological
resources bounding the Village by the inhabitants of the Village and the community,
to secure safety from flood, fire, panic, explosions and other dangers, to
protect the inhabitants of the Village from unreasonable odors, smoke, vapor,
gas, dust, pollution, garbage, effluents, noise and vibrations, to promote
and protect the good order, peace, health, safety, morals and general welfare
of the inhabitants of the Village and the community, and to protect and secure
the property of the same.
Except when prohibited by reason of laws of the United States or where
otherwise expressly provided herein, the following provisions of this chapter
shall apply:
As used in this chapter, the following terms shall have the meanings
indicated:
The attachment of, or to attach, a vessel to the ground by means
of tackle so designed that, when such attachment is terminated, the tackle
in its entirety is removed from the ground and taken under the control of
the vessel.
A public or privately owned structure approved by the US Army Corps
of Engineers, extending from the shoreline into a body of water used for the
purpose of mooring vessels and the receiving and discharging of passengers
from vessels.
The attachment of, or to attach, a vessel to a pier or dock or other
structure; or the attachment of, or to attach, a vessel to the ground by means
of tackle so designed that, when such attachment is terminated, some portion
of the tackle remains attached to the ground and is not taken under the control
of the vessel.
The person under whose name the vessel was last registered in accordance
with the provisions of the Federal Boating Act of 1958 or the laws of the
State of New York, if requiring registration, 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 entitled him to
such possession.
Any person using any underwater breathing apparatus similar in function
to an "Aqua Lung," but shall not include bona fide salvage operations displaying
proper signals.
A vessel commonly known as a "houseboat" and every vessel or floating
craft propelled in any manner, except:
A.
No vessel shall anchor or moor in such a manner as to
obstruct or render hazardous access to or from a dock except when such vessel
is compelled so to anchor or moor as a result of a temporary disability or
emergency arising out of the perils of the sea and then only during such period
of emergency or disability.
B.
No person shall moor any vessel at a mooring detached
from and within 750 feet of the shore in such a manner as to obstruct or render
hazardous access to or from a dock unless:
(1)
Such vessel is compelled so to moor owing to temporary
disability and then only during the period of its temporary disability; or
(2)
Such vessel is compelled so to moor temporarily owing
to an emergency arising out of the perils of the sea and then only during
such period of emergency; or
(3)
Such vessel is moored at a mooring the location of which
either is approved specifically by the Board of Trustees or is on a mooring
plan approved by the Board of Trustees.
C.
All floats shall be anchored or moored in such a way
as to be secure at all times and under all conditions.
A.
Sanitation. No person shall cast, deposit, dump, discharge,
or place, or cause or suffer to be cast, deposited, dumped, discharged or
placed, any oil, garbage, or refuse matter of any kind into any waters or
on any beach below the high watermark.
B.
Hazards to navigation. Any vessel (including for the purposes of this section a vessel propelled solely by hand) or any other object, which becomes a menace to navigation, or unseaworthy or sinks, grounds or becomes otherwise disabled, shall be removed by the owner or person in charge thereof on order of any enforcing officer described in § 302-8 of this chapter. If said vessel or other object is not removed after an order so to remove it, it may be removed by or at the direction of such enforcing officer at the expense of the owner, or person in charge of said vessel to be enforced by civil suit, such expense to be in addition to such penalties as may be prescribed or imposed under the Code of the Village of Lattingtown or the laws of the State of New York.
A.
No person shall operate or drive any vessel (except vessels
being exclusively propelled by wind and sail) at a greater speed than five
miles per hour when within 100 feet of the shore.
B.
No person shall operate or drive any vessel propelled
other than by hand within 100 feet of any life lines or bathing float.
C.
Every person operating or driving a vessel and every
person riding water skis, a surfboard or similar device shall at all times
operate the same in a manner (including, without limitation, the throwing
of its wake) so as not to disturb or endanger the property of another or the
life or limb of any persons, or so as to interfere with the free and proper
use of the water by others.
D.
No person shall operate or drive any vessel while in
an intoxicated condition or while impaired by being under the influence of
drugs.
E.
No person shall operate or drive a vessel propelled wholly,
or partly, by an engine operated by gas, gasoline, naphtha, diesel oil or
other substance without having the exhaust from the engine run through a muffler
or so controlled by the introduction of water into the exhaust pipe or line
as to muffle the noise of exhaust in a reasonable manner.
F.
No person shall operate, drive, moor or anchor any dredge or any vessel in connection with, or in the pursuit of, any business operated for profit (except as otherwise may be specifically permitted by Chapter 315, Zoning, of the Code of the Village of Lattingtown, and except those vessels and persons engaged in the cultivation or harvesting of shellfish) within the waters to which this chapter is applicable without having first obtained a written permit from the Board of Trustees.
G.
Upon receipt of any such application the Board of Trustees
may in its discretion call a hearing open to the public for the consideration
thereof and may at such hearing take such testimony and receive such exhibits
from such witnesses as it may deem necessary or advisable to assist in its
determination with respect to the application.
H.
The Board of Trustees may grant such a permit, permanently
or temporarily, if it finds affirmatively that the proposed operation and
business protect and secure the inhabitants of the Village and the community
from unreasonable odors, smoke, vapor, gas, dust, noise and vibrations; that
they protect and secure the property of the Village and its inhabitants from
damage and injury; that they are consistent with and protect the good order,
peace, health, safety, morals and general welfare of the inhabitants of the
Village and the community; that they do not create problems relating to obstructions
to navigation, and that they do not spoil or threaten to spoil the natural
beauty and healthful, safe, full and proper enjoyment of the waters by the
inhabitants of the Village and the community. If the Board of Trustees shall
determine to grant such permit, it shall state therein such restrictions and
conditions (including, without limitation, time limits and duration of the
stay when a vessel is used or occupied as living or sleeping quarters and
other limits and restrictions as to hours, days, months, extent and area of
operation) as it may deem necessary to protect and secure all of the same.
I.
No vessel propelled by a motor-driven device shall be
permitted to navigate on Frost Creek east of the bridge located at the northerly
terminus of Frost Creek Drive.
A.
Aquatic events. Anything herein contained to the contrary
notwithstanding, the Board of Trustees may in its discretion issue special
permits for aquatic events, boat races or other similar events under proper
supervision in limited areas for limited periods, after prior approval by
the United States Coast Guard.
B.
Skin diving.
(1)
No skin diving shall be undertaken in any waters where
the same may interfere with reasonable and proper operation of vessels.
(2)
No person shall engage in skin diving without a person
of at least 16 years of age other than the skin diver in a position as lookout.
(3)
No person shall use, operate or discharge under water
any spear, spear gun or similar weapon or apparatus within 200 feet of any
beach used for bathing or swimming, or within 100 feet of any bather or swimmer.
C.
Water skis and surfboards.
(1)
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 who is a) at least 10 years old, or b) has
been awarded a boat safety certificate by the State of New York, in a position
to observe the progress of the person being towed.
(2)
No person shall ride on water skis, a surfboard or similar
device or use or operate a vessel to tow a person thereon between the period
from sunset to one hour after sunrise.
A.
Enforcement officers. Any member of the Board of Trustees,
any duly authorized officer or agent of the Board of Trustees, any police
officer or bay constable of the Police Department, and any member of the Marine
Division of the Nassau County Police Department (each of whom is hereinafter
referred to as "such enforcing officer"), is hereby empowered to enforce the
provisions of this chapter.
B.
Authority of enforcement officers.
(1)
Every person in charge of or who owns, charters or is
operating a vessel shall at all times obey the lawful orders of any such enforcing
officer. For the purposes of this subsection, "vessel" shall include a vessel
propelled solely by hand.
(2)
Any vessel or float anchored, or moored, or attached
to another vessel, in violation of any part of this chapter shall be removed,
or detached, as the case may be, by the owner, charterer or person in charge
thereof on order of any such enforcing officer. If any such vessel or float
is not removed after an order so to remove it, the same may be removed by
or at the expense of the owner, charterer or person in charge of said vessel
or float to be enforced by civil suit, such expense to be in addition to such
penalties as may be prescribed by or imposed under the Code of the Village
of Lattingtown or the laws of the State of New York.
(3)
Any such enforcing officer shall have the right to stop
any vessel, to board, enter upon and inspect any vessel for any of the following
purposes:
