[Amended 6-11-1979 by L.L. No. 8-1979]
[Added 7-5-1988 by L.L. No. 3-1988]
The Town Board of the Town of Islip hereby declares
its intent to promote safety on the waterways within the Town. This
article is enacted pursuant to Town Law § 130, Subdivision
17, which authorizes the Town to enact regulations of vessels, and
Municipal Home Rule Law § 10, which authorizes the Town
to supersede said Town Law. Pursuant to these laws, the Town Board
intends this article to apply without limitation to all waterways
within or bounding the Town.
This article shall be known and may be cited
as the "Navigation Law" and applies to all navigable tidewaters and
other navigable waters bordering on and lying within the boundaries
of the Town of Islip, except when the provisions thereof are in conflict
with the laws or ordinances of the State of New York, the United States
or municipal corporation having jurisdiction thereof.
A.
DOCK
FLOATING OBJECTS
HARBOR AREAS
MOTOR BOAT
NAVIGABLE WATERS
OWNER
PERMANENT MARINE STRUCTURE
PERSON
PERSONAL WATERCRAFT
PIER
SPECIALTY PROP-CRAFT
TIDEWATERS
UNDERWAY
VESSEL
WATERS
WHARF
The following terms, phrases and their derivatives
shall have the meanings given herein; words used in the singular are
deemed to include the plural.
A wharf or portion of a wharf extending along the shoreline
and generally connected with the uplands throughout its length.
Any anchored marker, platform, raft or other floating contrivance
which is not a vessel and includes, but is not limited to, bathing
beach markers, speed zone markers, information markers, swimming or
diving floats, mooring buoys, fishing buoys and ski jumps.
All navigable creeks, rivers, canals, etc., which flow or
open into the Great South Bay, including but not limited to the areas
described in the harbor map contained in the appendix to this ordinance[1] and listed as follows:
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Sampawams Creek
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White Oak Creek
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Skookwans Creek
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Quintuck Creek
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Willetts Creek
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Connetquot River
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Okenok
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Brick Kiln Creek
| |
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True's Creek
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Ludlow's and Indian Creek
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Thompson's Creek
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Green's Creek
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Appletree Neck
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Brown's Creek (River)
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Lawrence Creek
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Lotus Lake — Brown's River
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Watchogue Creek
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Snedecor Creek
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Penataquit Creek
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Homan's Creek
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Bay Shore Marina Basin
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Namkee Creek
| |
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Awixa Creek
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Barrett Beach
| |
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Orowoc Creek
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Atlantique Beach
| |
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Champlin Creek
|
Any mechanically propelled vessel.
Waterways used or susceptible of being used in their natural
or ordinary condition as highways for commerce over which trade and
travel are or may be conducted in customary modes of trade and travel
on water.
Includes the person whose name or vessel was last registered
under Article 48 of the New York State Vehicle and Traffic Law requiring
registration, or as indicated by a valid marine document registration
issued by the US Coast Guard, or the last known person with possession,
custody, command, or charged with the care and responsibility for
the vessel or craft.
[Amended 7-14-2009 by L.L. No. 5-2009]
Any object which is secured to underwater land, including,
but not limited to, bulkheads, jetties, docks, solid-fill and fixed
piers, floating objects secured by outer pilings, and boat or jet-ski
lifts.
[Added 5-10-2011]
Any individual, partnership, association, firm, corporation
or any and all combinations of individuals acting in concert.
A vessel which uses an inboard motor powering a water-jet
pump as its primary source of motive power and which is designed to
be operated by a person sitting, standing or kneeling on or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel.
[Added 8-12-2008]
A wharf or portion of a wharf extending from the shoreline
with water on three sides.
A vessel which uses an outboard motor or propeller-driven
motor pump as the primary source of motive power and which is designed
to be operated by a person sitting, standing or kneeling on or being
towed behind the vessel rather than in the conventional manner of
sitting or standing inside the vessel.
[Added 8-12-2008]
Waters, whether salt or fresh, wherever the ebb and flow
of the tide is felt, including but not limited to coves, bays, rivers,
canals and bays.
Any vessel that is floating and not moored, at anchor, or
made fast to the shore, pier, wharf, dock, or is aground.
[Added 7-14-2009 by L.L. No. 5-2009]
The term "vessel" shall be every description of watercraft
or artificial contrivance which is used or capable of being used as
a means of transport or for commercial purposes, whether or not capable
of self-propulsion, and includes but is not limited to boats, sailboats,
motorboats, barges, scow dredges, rafts or other buoyant devices permitting
free flotation.
[Amended 7-14-2009 by L.L. No. 5-2009]
All surface water, whether salt or fresh, within or bordering
the Town of Islip, including tidewaters and navigable waters.
Any structure built or maintained for the purpose of providing
a berthing place for vessels.
[1]
Editor's Note: A copy of the harbor map is
on file and available for inspection by the public in the office of
the Town Clerk.
B.
Word usage. "Shall" is mandatory and "may" is permissive.
[1]
Editor’s Note: Former § 37-52, Enforcement, was
repealed 4-14-2009 by L.L. No. 3-2009.
It shall be unlawful to construct, in the navigable
waters within or bordering the Town of Islip, any wharf, dock, pier,
jetty or other type of structure without first obtaining a permit
therefor under the provisions of the Islip Town Code and the New York
State Conservation Law and applicable United States laws, rules and
regulations.
[Added 5-28-2008; amended 5-10-2011]
Construction, reconstruction, or maintenance of the following permanent marine structures that lie within and/or physically touch the stream bed, canal bed, or bay bottom owned by the Town of Islip but used privately by the owner of the upland property without benefit of a lease shall be permitted as follows with reference to the fees listed in § 37-53.2:
A.
The one-time
replacement of existing bulkheading or the one-time resheathing of
bulkheading within 18 inches waterward of the existing bulkhead.
C.
Reconstruction or maintenance of fixed piers, docks, and other existing structures that encroach upon a stream bed, canal bed, or bay bottom that can prove prior Town approval or demonstrate legal nonconforming status and which do not cause a hazard to navigation in violation of § 37-55B of this chapter. Under no circumstance shall an encroachment be permitted in a canal or waterway where the encroachment occupies greater than 1/4 the width of the waterway. For the purposes of this and the following section, "Town approval" shall mean Town Board, Planning Board, or Zoning Board of Appeals approval or a wetlands and watercourses permit processed by the Department of Planning which includes documentation or other proof that structures are entailed by said approval. If the Department of Planning is able to procure aerial evidence showing the existence or nonexistence of structures prior to the date that a permit was first required to construct (April 6, 1973), for the purposes of these sections this evidence shall also be considered a determinant in identifying the structures as "existing."
D.
New construction of fixed piers, docks, and other structures that encroach upon a stream bed, canal bed, or bay bottom which do not cause a hazard to navigation in violation of § 37-55B of this chapter and which do not exceed beyond a water depth of four feet below the low-water mark as measured at average tide. Under no circumstance shall an encroachment be permitted in a canal or waterway where the encroachment occupies greater than 1/4 the width of the waterway.
[Added 5-28-2008; amended 5-10-2011]
Construction, reconstruction, or maintenance of any of the structures listed in § 37-53.1 of this article shall be subject to a fee to be paid prior to the issuance of the permit. Fee title to the encroached-upon land remains the property of the Town of Islip, and no rights, other than the right to permissibly encroach upon said lands owned by the Town of Islip, are provided to the upland owner, which rights may be revoked at any time for any reason. Said fee shall accompany a signed statement of agreement and be paid in addition to any application processing fee and in the following amounts:
A.
Bulkheads.
(1)
Bulkheading:
For resheathing and reconstruction within 18 inches, $20 per square
foot for up to and including 50 square feet of proposed encroaching
boards/bulkhead; $4 per square foot for subsequent square footage.
A survey and scaled site plan detailing overhead width and length
of encroachment shall be submitted as part of the requisite permit
application.
(2)
For
in-place replacements, $3 per linear foot for up to and including
100 linear feet of encroaching bulkhead; $1 per linear foot for subsequent
linear footage.
(3)
An
additional fee of $1,000 shall be assessed in conjunction with the
required permit if the distance between the property line and the
existing bulkhead already exceeds four feet.
(4)
Bulkhead
fees are to be assessed once, and no more than one encroachment shall
be permitted per bulkhead; all future work must be in place. Encroachment
shall be determined by either a licensed land surveyor, professional
engineer, or the Department of Planning staff.
B.
Mooring poles: No fee.
C.
Docks and lifts; other structures.
(1)
Existing docks: $5 per square foot for up to and including 100 square feet of encroachment as determined by either a licensed land surveyor, professional engineer, or the Department of Planning staff; $1 per square foot for subsequent square footage. Fee is to be assessed once per duration of the permit as defined in § 67-19.
(2)
Lift
affixed to and supported solely by an existing structure listed above:
$250 per lift.
(3)
Any
structure or combination of structures not listed herein: subject
to a fee as determined by the Commissioner of Planning.
[Added 5-28-2008]
The Assessor shall have the authority to assess
any marine structure existing on Town-owned property as part of the
upland owner's tax bill.
[Amended 7-14-2009 by L.L. No. 5-2009]
A.
LITTER
MARINA
MARINE HOLDING TANK
MARINE TOILET
PERSON
PUMPOUT FACILITY
SEWAGE
WATERCRAFT
WATERS OF THE TOWN
As used in this section, unless the context clearly indicates otherwise,
the following terms shall have the meanings indicated.
Any bottles, glass, crockery, cans, scrap metal, junk, paper,
garbage, rubbish, trash, or similar refuse.
Any installation which provides any accommodations or facilities
for watercraft, including mooring, docking, storing, leasing, sale,
or servicing of watercraft, located adjacent to waters of the state.
Any container aboard any vessel that is designed and used
for the purpose of collecting and storing treated or untreated sewage
from marine toilets.
Any toilet on or within any watercraft, except those that
have been permanently sealed and made inoperative.
An individual, partnership, firm, corporation, association,
or other entity.
Any device, portable or permanent, capable of removing sewage
from a marine holding tank.
All human body wastes.
Any contrivance used or capable of being used for navigation
upon water, whether or not capable of self-propulsion, except passenger
or cargo-carrying vessels subject to the quarantine regulations of
the United States Public Health Service adopted pursuant to Title
42 of the United States Code.
All of the waterways, or bodies of water located within the
Town of Islip on which watercraft may be used or operated.
B.
Disposal to water or on contiguous land prohibited.
(1)
No person, whether engaged in commerce or otherwise, shall place,
throw, deposit, or discharge, or cause to be placed, thrown, deposited,
or discharged into the waters of the Town, from any watercraft, marina
or mooring, any sewage, or other liquid or solid materials which render
the water unsightly, noxious or otherwise unwholesome so as to be
detrimental to the public health or welfare or to the enjoyment of
the water for recreational purposes.
(2)
No person, whether engaged in commerce or otherwise, shall place,
throw, deposit or discharge, or cause to be placed, thrown, deposited,
or discharged, any litter into the waters of the Town or upon any
public lands contiguous to and within 100 feet of such waters or upon
any private lands contiguous to and within 100 feet of such waters
unless such lands are owned by such person or unless such person enters
or remains with the permission of the owner of record or his representative
or agent.
C.
Marine toilets and containers of sewage.
(1)
No marine toilet on any watercraft used or operated upon waters of
the Town shall be operated so as to discharge any untreated sewage
into said waters directly or indirectly.
(2)
No person owning or operating a watercraft with a marine toilet shall
use, or permit the use of, such toilet on the waters of the Town unless
the toilet is equipped with facilities that will adequately treat,
hold, incinerate or otherwise handle sewage in a manner that is capable
of preventing water pollution, as required by this section.
D.
Marine toilet pollution control devices.
(1)
Every marine toilet on watercraft used or operated upon the waters
of the Town shall be equipped with a pollution control device, either
for the treatment or holding of sewage, in operating condition, of
a type approved by the State Health Department, in conformance with
applicable public health standards and rules and regulations; and
approved by the department in conformance with the boating safety
standards and rules and regulations adopted by the department. Pollution
control devices shall be securely affixed to the interior discharge
opening of marine toilets, and all sewage passing into or through
such toilets shall pass solely through such treatment facilities.
(2)
Sewage passing through a marine toilet equipped with a chlorinator
or chemical treatment facility shall be deemed untreated unless the
effluent meets standards established by the State Commissioner of
Health.
(3)
The disinfecting agent used in the facility shall be of a kind which,
when discharged as a part of the effluent, is not toxic to humans,
fish or wildlife.
(4)
The active ingredient in deodorizers used in marine toilets may only
consist of formaldehyde, enzymes, bacterial cultures or any other
ingredient which would not interfere with the operation of sewage
treatment plants. No zinc or other heavy metal or phenol may be used
in any marine toilet.
E.
Penalties for offenses.
(1)
Any person who violates Subsection B(2) of this section shall be guilty of an offense and, upon conviction, shall be punished with a fine of not more than $250, or by imprisonment of not more than 60 days, or by both such fine and imprisonment; provided, however, that in the event any person violates this section more than twice during the same calendar year and is convicted of more than two such violations, the third and each subsequent violation shall be deemed a misdemeanor.
(2)
Any person who violates any other provision of this section shall
be deemed guilty of a misdemeanor and, upon conviction, shall be punished
with a fine of not more than $100, or by imprisonment of not more
than 60 days, or by both such fine and imprisonment.
A.
No vessel shall be anchored or moored in any channel
except at the edges thereof and in no case closer than 100 feet to
channel markers or so as to interfere with the full use of the channel
by others.
B.
No vessel(s), structure(s), and/or floating object(s)
is/are to be made fast to any dock, pier or wharf, rafted or otherwise
made fast to any other vessel or anchored or otherwise secured to
any underwater land in any harbor area within the Town of Islip in
such a manner as to obstruct the free and unimpeded navigation over
such waterways. No vessel(s), structure(s), and/or floating object(s)
is/are to be docked, moored or otherwise secured to any dock, pier
or wharf within the harbor areas of the Town of Islip where it/they
would occupy more than 1/4 the width of the harbor area (creek, canal
or river) as measured along a perpendicular line from the dock, wharf
or shoreline to which the vessel(s), structure(s), and/or floating
object(s) is/are secured to the opposite or parallel shoreline or
wharf. Portions of a vessel, structure, or floating object within
a boat slip on private property created by the legal alteration of
the natural shoreline and/or canal will not count towards the occupation
of a harbor area. Where, in the opinion of the Harbor Master or other
member of the Division of Harbor Police, a vessel or floating object
interferes with navigation in the harbor area, the Harbor Master or
other member of the Division of Harbor Police shall issue a violation
notice specifying that said vessel shall be moved or made fast so
as not to interfere with navigation. The time for compliance with
an order under this section is 48 hours unless for good cause the
Harbor Master or other member of the Division of Harbor Police shall
specify a lesser time. Failure to comply with a notice pursuant to
this section shall be deemed a violation under this ordinance.
[Amended 5-28-2008; 7-14-2009 by L.L. No. 5-2009; 1-15-2013 by L.L. No.
2-2013]
C.
Regulation of Town-owned wharfs, docks and piers. The Harbor Master shall have the authority to adopt regulations setting aside and designating areas of Town-owned docks, not covered under Article II of this ordinance, for the purpose of loading and unloading passengers and cargo and to prohibit the use of Town wharfs, docks and piers or areas thereof for docking of vessels and loading and unloading of passengers and cargo, in order to limit congestion, hazardous traffic patterns and to achieve maximum benefit of these areas for the residents of the Town of Islip. In furtherance of this section, the Harbor Master may also adopt regulations setting the time and conditions for the use of Town-owned wharfs, docks and piers.
D.
Connetquot River.
[Added 2-7-1989 by L.L. No. 2-1989]
(1)
No person shall place any mooring in the Connetquot River. This subsection shall not apply to any uplandowner with riparian rights installing a mooring within 100 feet of the high-water mark. See § 67-11, Uses subject to permit.
E.
Town of
Islip docks, piers, bulkheads and wharfs.
[Added 4-13-2010 by L.L.
No. 4-2010]
(1)
No bulkhead, dock, pier or wharf owned by or under the control of the Town of Islip shall be used by any person for bathing, swimming or diving in the waters adjacent thereto. Bathing, wading or swimming are permitted in areas so designated in accordance with § 37-9.
(2)
It
shall be unlawful to anchor, moor, dock tie up to or otherwise fasten
a boat at any bulkhead, dock, pier or wharf owned by, maintained by
or under the jurisdiction of the Town of Islip, except in the case
of an emergency requiring repairs to the vessel or the motor therein
or in the case of a medical emergency.
(3)
Any
person violating a provision of this section shall be deemed guilty
of a violation and upon conviction thereof shall be punishable by
a fine not exceeding $450 for each violation. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder. Service of notice
of such violation shall be given by affixing a copy thereof to the
boat in a conspicuous place.
F.
Dock at
Fair Harbor Dock District. No boat shall anchor, moor, dock tie up
to or be otherwise fastened to the dock at Fair Harbor, except as
follows:
[Added 4-13-2010 by L.L.
No. 4-2010]
(1)
Boats may load or unload passengers/freight/cargo at the space provided for that purpose and so marked. Mooring tying or fastening a vessel to the dock for this purpose shall not exceed a period of 15 minutes. This subsection shall not apply to public vessels which must comply with § 37-33.
(2)
Only
emergency vessels may anchor, moor, dock, tie up to or otherwise fasten
a boat at the space provided for that purpose and so marked.
(3)
It
shall be unlawful to anchor, moor, dock, tie up to or otherwise fasten
a boat between the hours of 11:00 p.m. and 5:00 a. m.
(4)
Any
person violating a provision of this section shall be deemed guilty
of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $450 for each violation. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such hereunder. Service of notice
of such violation shall be given by affixing a copy thereof to the
boat in a conspicuous place.
A.
Sunken or derelict vessels. Any vessel or floating
or submerged object which becomes a menace to navigation or unseaworthy
or sinks, grounds or otherwise becomes incapable of navigation shall
immediately be removed or restored to navigable condition by the owner
or operator thereof at his own expense.
B.
Obstructions. Any tree, bush or boat davit that obstructs
or endangers navigation of vessels on the waterways shall immediately
be corrected or removed by the owner of the property on which the
obstruction exists.
[Added 2-7-1989 by L.L. No. 2-1989]
C.
Removal by Division of Harbor Police. In the event that a vessel or obstruction described in § 37-56A or B above is not immediately removed or restored to navigable condition, the Division of Harbor Police shall notify the owner, either by certified mail or personally, of the condition of the vessel, floating object or obstruction. The owner shall have 72 hours after receipt of notification to remove or restore the vessel, floating object or obstruction unless the Division of Harbor Police shall determine that the vessel, floating object or obstruction is an immediate hazard, in which case said Division may either immediately remove it or specify a lesser time for the owner to comply. In the event that the owner shall fail to remove a vessel, floating object or obstruction described in this section after notification or the Division of Harbor Police shall be unable to locate the owner, then it shall be the duty of the Division of Harbor Police to remove, restore, or cause to be removed or restored, the vessel, floating object or obstruction. The removal or restoration by the Division of Harbor Police shall be at the sole expense of the owner, and the Town of Islip shall be entitled to recover the expenses under this section from the owner by any lawful means. In the event that any vessel, floating object or obstruction contains no indication of ownership, it shall be immediately corrected, removed, or caused to be removed, by the Division of Harbor Police.
[Amended 2-7-1989 by L.L. No. 2-1989; 7-14-2009 by L.L. No.
5-2009]
[Amended 7-14-2009 by L.L. No. 5-2009]
A.
Vessels classified. For the application of this section, vessels
shall be divided into classes as follows:
(1)
Class A: less than 16 feet in length.
(2)
Class 1: 16 feet or over and less than 26 feet in length.
(3)
Class 2: 26 feet or over and less than 40 feet in length.
(4)
Class 3: 40 feet or over and not more than 65 feet in length.
(5)
Class 4: Over 65 feet in length.
(6)
Class 5: rowboats and canoes.
B.
Every vessel in all weathers from sunset to sunrise shall carry and
exhibit and, if carried, shall also exhibit from sunrise to sunset
in restricted visibility, and may exhibit in all other circumstances
when it is deemed necessary, the following lights when underway, and
during such times no other lights which may be mistaken for those
prescribed shall be exhibited. For the purposes of this section, the
term "restricted visibility" shall mean any condition in which visibility
is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms,
or any other similar causes.
(1)
Every vessel of Classes A and 1 shall carry the following lights:
(2)
Every vessel of Classes 2 and 3 shall carry the following lights:
(a)
A bright white light in the fore part of the vessel as near
the stem as practicable, so constructed as to show an unbroken light
over an arc of the horizon of 20 points of the compass, so fixed as
to throw the light 10 points on each side of the vessel; namely, from
right ahead to two points abaft the beam on either side.
(b)
A bright white light aft to show all around the horizon and
higher than the white light forward.
(c)
On the starboard side, a green light so constructed as to show
an unbroken light over an arc of the horizon of 10 points of the compass,
so fixed as to throw the light from right ahead to two points abaft
the beam on the starboard side. On the port side, a red light so constructed
as to show an unbroken light over an arc of the horizon of 10 points
of the compass, so fixed as to throw the light from right ahead to
two points abaft the beam on the port side. The side lights shall
be fitted with inboard screens of sufficient height so set as to prevent
these lights from being seen across the bow.
(3)
Every vessel of Class 4 shall carry the following lights:
(a)
On or in front of the foremast, or, if a vessel without a foremast,
then in the fore part of the vessel, a bright white light so constructed
as to show an unbroken light over an arc of the horizon of 20 points
of the compass, so fixed as to throw light 10 points on each side
of the vessel, namely from right ahead to two points abaft the beam
on either side, and of such character as to be visible at a distance
of at least five miles.
(b)
An additional aft white light carried at an elevation at least
15 feet above the light at the head of the vessel and to show all
around the horizon.
(c)
On the starboard side, a green light so constructed as to show
an unbroken light over an arc of the horizon of 10 points of the compass,
so fixed as to throw the light from right ahead to two points abaft
the beam on the starboard side. On the port side, a red light so constructed
as to show an unbroken light over an arc of the horizon of 10 points
of the compass, so fixed as to throw the light from right ahead to
two points abaft the beam on the port side. The side lights shall
be fitted with inboard screens of sufficient height so set as to prevent
these lights from being seen across the bow.
(4)
Rowboats and canoes, whether under oars or sail, shall have ready
at hand a lantern showing a white light which shall be temporarily
exhibited in sufficient time to prevent collision.
(5)
Vessels of Classes A and 1 when propelled by sail alone shall carry
the combined lantern, but not the white light aft, prescribed by this
section. Vessels of Classes 2 and 3, when so propelled, shall carry
the colored side lights, suitably screened, but not the white lights,
prescribed by this section. Vessels of all classes, when so propelled,
shall carry, ready at hand, a lantern or flashlight showing a white
light which shall be exhibited in sufficient time to avert collision.
(6)
When propelled by sail and machinery, any vessel shall carry the
lights required by this section for a vessel propelled by machinery
only.
(7)
Any vessel may carry and exhibit the lights required by the federal
regulations for preventing collisions at sea, 1948, Act of October
11, 1951, as amended, in lieu of the lights required by this section.
(8)
A mechanically propelled vessel when towing another vessel shall,
in addition to her side lights, carry two bright white lights in a
vertical line one over the other, not less than three feet apart.
(9)
A vessel under 150 feet in length when at anchor shall carry forward,
where it can best be seen, but at a height not exceeding 20 feet above
the hull, a white light in a lantern so constructed as to show a clear,
uniform, and unbroken light visible all around the horizon at a distance
of at least one mile; provided that the Commissioner may, after investigation,
by rule, regulation, or order, designate such areas as he may deem
proper as "special anchorage areas"; such special anchorage areas
may from time to time be changed, or abolished, if after investigation
the Commissioner shall deem such change or abolishment in the interest
of navigation; provided, further, that vessels not more than 65 feet
in length when at anchor in any such special anchorage area shall
not be required to carry or exhibit the white light required by this
subsection. A vessel of 150 feet or upward in length, when at anchor,
shall carry in the forward part of the vessel, at a height of not
less than 20 feet and not exceeding 40 feet above the hull, one such
light, and at or near the stern of the vessel, and at such a height
that it shall be not less than 15 feet lower than the forward light,
another such light.
(10)
Every white light prescribed by this section shall be of such
character as to be visible at a distance of at least two miles except
as otherwise provided. Every colored light prescribed by this section
shall be of such character as to be visible at a distance of at least
one mile except as otherwise provided. The word "visible" in this
section, when applied to lights, shall mean visible on a dark night
with clear atmosphere.
(11)
A revolving blue light may only be carried or exhibited on enforcement
vessels owned or operated by the State of New York or a political
subdivision thereof.
(12)
Should the federal government adopt vessel light requirements
different from those contained in this section, the head of the Division
of Harbor Police shall be authorized to adopt rules and regulations
superseding the vessel light requirements of this section to achieve
consistency with federal standards.
C.
A violation of any provision of this section, or of a rule or regulation
adopted pursuant to this section, shall constitute a violation punishable
by a fine of not less than $50 nor more than $250.
[Added 7-14-2009 by L.L. No. 5-2009]
A.
Equipment required herein shall be carried on every vessel except
as otherwise provided, while underway, or at anchor with any person
aboard, while on the navigable waters of the Town of Islip. Should
the federal government adopt vessel equipment requirements different
from those contained in this section, the Harbor Master shall be authorized
to adopt rules and regulations superseding the vessel equipment requirements
of this section to achieve consistency with federal standards.
(1)
Personal flotation devices.
(a)
Every pleasure vessel and every rowboat and canoe shall have
at least one wearable personal flotation device for each person on
board, which shall be of a type approved by the United States Coast
Guard and shall be in good condition.
(b)
Pleasure vessels 16 feet and greater in length shall carry at
least one Type IV throwable personal flotation device which shall
be of a type approved by the United States Coast Guard and shall be
in good condition.
(d)
No person shall operate a vessel of Class A, 1, 2 or 3 as classified and defined in § 37-57A or a rowboat or canoe, nor shall the owner of such vessel while on board such vessel knowingly permit its operation, unless each person on such vessel under the age of 12 is wearing a securely fastened United States Coast Guard approved wearable personal flotation device of an appropriate size when said vessel is underway. The provisions of this subsection shall not apply to any person on such vessel under the age of 12 who is within a fully enclosed cabin.
(2)
Whistle. Every mechanically propelled vessel shall be provided
with an efficient whistle. The word "whistle" shall mean any sound-producing
mechanical appliance, except sirens, capable of producing a blast
of two seconds or more in duration and of such strength as to be heard
plainly for a distance of at least 1/2 mile in still weather. A siren
whistle may only be attached to a vessel operated by a police department,
fire department or public utility company, and used only on emergency
calls. On vessels less than 39 feet in length, a mouth whistle capable
of producing a blast of two seconds or more in duration, which can
be heard for at least 1/2 mile, may be used.
(3)
Anchors. Every mechanically propelled vessel shall carry an
anchor and cable of sufficient weight and strength to provide a safe
anchorage for such vessel. It shall be the duty of the master of such
vessel to exercise reasonable care and caution and maritime skill
in everything relating to the safe anchorage of his vessel.
(4)
Carburetor backfire flame arresters. The carburetor of every
gasoline engine installed in a mechanically propelled vessel after
April 25, 1940, except outboard motors, shall be fitted with a United
States Coast Guard approved device for arresting backfire.
(5)
Classification of fire extinguishers. Hand-portable fire extinguishers
capable of extinguishing gasoline oil or grease fires shall be classified
as prescribed and approved by the Commissioner.
(6)
Fire extinguishers required.
(a)
Every mechanically propelled vessel as classified and defined by § 37-57A, except outboard motor boats less than 26 feet in length, of open construction, shall carry United States Coast Guard approved fire extinguishers in accordance with the following:
[1]
Class A motor boats shall carry one B-1 fire extinguisher.
[2]
Class 1 motor boats shall carry one B-1 fire extinguisher.
[3]
Class 2 motor boats shall carry two B-1 fire extinguishers.
[4]
Class 3 motor boats shall carry three B-1 fire extinguishers.
[5]
Class 4 motor boats shall carry fire extinguishers and other
fire-fighting equipment as required by the federal navigation law
and rules and regulations made by the United States Coast Guard for
uninspected vessels.
(b)
One Class B-2 fire extinguisher may be substituted for two Class
B-1 fire extinguishers.
(c)
When the engine compartment of the motor boat is equipped with
a fixed fire-extinguishing system of a United States Coast Guard approved
type, one less Class B-1 fire extinguisher is required.
(d)
No fire extinguishers of the toxic vaporizing liquid type, including
those containing carbon tetrachloride and chlorobromomethane extinguishing
agents, shall be approved by the Commissioner.
(7)
Visual distress signals. Every vessel of 16 feet or more, regardless
of the distance of the vessel from shore, shall carry, to be displayed
and used whenever such vessel is in need of assistance, the number
and type of visual distress signals that are required by the United
States Coast Guard for operation on waters under federal jurisdiction.
Such devices shall be in serviceable condition and readily accessible
on board the vessel and the service life, if marked upon the device,
shall not have expired. The provisions of this subsection shall not
apply to open sailboats under 26 feet in length that are not equipped
with mechanical power or vessels participating in an organized marine
event for which a permit has been granted by the State Parks Commissioner
pursuant to Navigation Law § 34, or by the United States
Coast Guard. All vessels shall carry visual distress signals suitable
for night use between sunset and sunrise. At all times, the provisions
of this subsection shall not apply to vessels engaged in commerce
and having a valid marine document issued by the United States or
a foreign government.
(8)
Ventilation. All mechanically propelled vessels, the construction
or decking over of which is commenced after April 25, 1940, and which
uses fuel having a flash point of 110° F. or less, shall have
at least two ventilators fitted with cowls or their equivalent for
the purpose of properly and efficiently ventilating the bilges of
every engine and fuel tank compartment in order to remove any inflammable
or explosive gases. Such mechanically propelled vessels so constructed
as to have the greater portion of the bilges under the engine and
fuel tanks open and exposed to the natural atmosphere at all times
need not be required to be fitted with such ventilators.
(9)
Bell. Motor boats of greater than 39 feet in length shall carry
a bell.
B.
Penalties. Any violation of the provisions of this section, or of
a rule or regulation adopted pursuant to this section, shall constitute
a violation punishable by a fine of not less than $50 nor more than
$250.
C.
Exemptions. The provisions of this section shall not apply to vessels
competing in duly authorized regattas and trials preceding such regattas.
[Added 7-14-2009 by L.L. No. 5-2009]
A.
No person shall operate or give permission for the operation of any
pleasure vessel in or upon the waters of the Town of Islip in such
a manner as to exceed a noise level of 90 dB(A) when subjected to
a stationary sound level test as prescribed by SAE J2005.
B.
No person shall operate a pleasure vessel on the waters of the Town
of Islip in such a manner as to exceed a noise level of 75 dB(A) measured
as specified in SAE J1970; provided that such measurement shall not
preclude a stationary sound level test as prescribed by SAE J2005.
C.
No person shall operate or give permission for the operation of any
pleasure vessel in or upon the waters of the Town of Islip that is
equipped with an altered muffler or a muffler cutout, bypass or otherwise
reduce or eliminate the effectiveness of any muffler or muffler system
installed in accordance with this section.
D.
No person shall remove, alter or otherwise modify in any way a muffler
or muffler system in a manner which will prevent it from being operated
in accordance with this section.
E.
Exceptions.
(1)
The provisions of this section shall not apply to pleasure vessels
designed, manufactured and sold for the sole purpose of competing
in racing events and for no other purpose. Any such exemption or exception
shall be so documented in any and every sale agreement and shall be
formally acknowledged by signature on the part of both the buyer and
the seller, and copies of said agreement shall be maintained by both
parties. A copy shall be kept on board whenever the pleasure vessel
is operated. Any pleasure vessel sold under this exemption may only
be operated on the waters of this Town in accordance with this section.
(2)
The provisions of this section shall also not apply to:
(a)
Pleasure vessels which are competing in or participating for a definite race over a given course held under the auspices of any bona fide club or racing association between the hours of 9:00 a.m. and sunset, which has been approved pursuant to § 37-60 of this Code and/or § 34 of the New York State Navigation Law, and all provisions of such section have been complied with or pursuant to authorization by the commandant of the United States Coast Guard.
(b)
An authorized agent of the federal, state or municipal government
when operating a pleasure vessel necessary to carry out his or her
official duty of enforcement, search and rescue, fire-fighting or
research programs.
(c)
A pleasure vessel being operated by a boat or marine engine
manufacturer for the purposes of testing and/or development.
(d)
A pleasure vessel manufactured prior to 1965.
F.
Any officer authorized to enforce the provisions of this section
who has reason to believe that a pleasure vessel is not in compliance
with the noise levels established in this section may direct the operator
of such pleasure vessel to submit the pleasure vessel to an on-site
test to measure noise level, with the officer on board if such officer
chooses, and the operator shall comply with such request. If such
pleasure vessel exceeds the decibel levels established in this section,
the officer may direct the operator to take immediate and reasonable
measures to correct the violation, including returning the pleasure
vessel to a mooring and keeping the pleasure vessel at such mooring
until the violation is corrected or ceases.
G.
Any officer who conducts pleasure vessel sound level tests as provided
in this section shall be qualified in pleasure vessel noise testing
by the Department of Parks, Recreation and Historic Preservation.
Such qualifications shall include but may not be limited to the selection
of the measurement site, and the calibration and use of noise testing
equipment.
H.
Penalties.
(1)
Any person who fails to comply with the provisions of this section
shall be guilty of a violation punishable by a fine not to exceed
$50 for the first offense and not exceeding $250 for a second or subsequent
offense. However, the court shall waive any fine for which a person
who violates the provisions of this section would be liable if such
person supplies the court with proof within 30 days of the issuance
of the summons that he purchased his pleasure vessel prior to the
effective date of this section, that the pleasure vessel's muffler
was not altered or made inoperable so as to result in a violation
of the provisions of this section, and that the pleasure vessel has
been repaired, altered or modified so as to be in compliance with
the provisions of this section; provided, however, that such waiver
of fine shall not apply to a second or subsequent conviction under
this section.
(2)
Any person who alters or makes inoperable an effective muffler
system so that such system is no longer in compliance with this section
shall be guilty of a violation punishable by a fine of not less than
$50 nor more than $250.
[Added 7-14-2009 by L.L. No. 5-2009]
A.
The following rules shall be observed on all mechanically propelled
vessels on the navigable waters of the Town of Islip.
(1)
Signals. The signals for passing, by the blowing of the whistle,
shall at all times be given by the master as defined in the New York
State Navigation Law.
(a)
One distinct blast of the whistle shall mean: "I direct my course
to starboard"; except when two vessels are approaching each other
at right angles or obliquely, when it shall signify the intention
of the vessel which is to starboard of the other to hold course and
speed.
(b)
Two distinct blasts of the whistle shall mean: "I direct my
course to port."
(c)
Three distinct blasts of the whistle shall mean: "My engines
are going at full speed astern."
(d)
Four distinct blasts of the whistle shall mean: "I am in distress
and need your assistance."
(e)
Five or more distinct blasts of the whistle shall constitute
the "danger signal."
(f)
It shall be forbidden to use what has become technically known
among pilots as "cross-signals"; that is, answering one whistle with
two, or two whistles with one.
(g)
When a vessel is underway in a fog, mist, falling snow, or heavy
rain storm, it shall be the duty of the master to cause a long blast
of the whistle to be sounded at intervals not exceeding one minute.
When towing other vessels, the long blast of the whistle shall be
followed by two short blasts. Such vessel shall proceed at a moderate
speed and with caution, having careful regard to the existing circumstances
and conditions.
(h)
The master of a vessel, when at anchor during a fog, mist, falling
snow or heavy rain storm, shall, at intervals of not more than one
minute, ring a bell rapidly or sound other warning signals for about
five seconds.
(2)
Positions.
(a)
When vessels are approaching each other "head and head," that
is, end on or nearly so, it shall be the duty of each to pass on the
port side of the other, and either vessel shall give, as a signal
of her intention, one distinct blast on her whistle, which the other
vessel shall answer promptly with one similar blast of her whistle.
(b)
When vessels are approaching each other and the courses of such
vessels are so far to the starboard of each other as not to be considered
to be meeting head on or nearly so, either vessel shall immediately
give two distinct blasts of her whistle, which the other shall answer
promptly with two similar blasts of her whistle, and they shall pass
on the starboard side of each other.
(c)
When vessels are approaching each other at "right angles or
obliquely" so as to involve risk of collision, the vessel which has
the other on her own port side shall hold her course and speed, and
shall so signify with one distinct blast of her whistle; and the vessel
which has the other on her own starboard side shall keep out of the
way of the other by directing her course to starboard so as to cross
the stern of the other vessel, or, if necessary to do so, shall slacken
her speed, or stop or reverse.
(d)
When vessels are running in the same direction and the vessel
which is astern shall desire to pass on the starboard side of the
vessel ahead, she shall give one distinct blast of her whistle as
the signal of such desire, and if the vessel ahead answers with one
similar blast of her whistle, she shall pass to the starboard; or
if the vessel astern shall desire to pass on the port side of the
vessel ahead, she shall give two distinct blasts of her whistle as
a signal of such desire, and, if the vessel ahead answers with two
similar blasts of the whistle, she shall pass to the port; but if
the vessel ahead does not think it safe for the vessel astern to pass
at that point, she shall immediately signify the same by giving five
or more rapid blasts of her whistle (the danger signal), and under
no circumstances shall the vessel astern attempt to pass the vessel
ahead until such time as she has reached a point where it can be safely
done, when said vessel ahead shall signify her willingness by blowing
the proper signal, which shall be answered by the vessel astern. Neither
vessel shall in any case attempt to cross the bow or to crowd upon
the course of the other vessel.
(e)
If, when vessels are approaching each other head and head, that is, end on or nearly so, [as per Subsection A(2)(a) and (b)] or crossing each other's courses, [as per Subsection A(1)(c)], or desire to pass each other [as per Subsection A(1)(d)], either vessel fails to understand the course or intention of the other, from any cause, the vessel so in doubt shall immediately signify the same by giving five or more rapid blasts of her whistle (the danger signal), and both vessels shall immediately slow their speed, or stop or reverse, as required to avoid collision, until proper signals have been given, answered and understood, or until the vessels have passed each other.
(f)
When a mechanically propelled vessel shall meet a sailing vessel
proceeding in such direction as to involve risk of collision, the
sailing vessel shall have the right of way. It shall be incumbent
on the master of the sailing vessel to keep a vigilant lookout and
change her course, if necessary, to avoid any danger.
(g)
In narrow channels, every vessel shall, when it is safe and
practicable, keep to that side of the fairway or mid-channel which
lies on the starboard side of such vessel.
(3)
Aid in distress. It shall be the duty of every master or pilot
of any vessel to render such assistance as he can possibly give to
any other vessel coming under his observation and being in distress
on account of accident, collision or otherwise.
B.
Construing rules. In obeying and construing these rules, due regard
shall be had to all dangers of navigation and collision, and to any
special circumstances which may render a departure from the above
rules necessary in order to avoid immediate danger.
C.
Application. The rules of this section shall apply to all vessels,
public and pleasure, propelled by machinery on the navigable waters
of the Town of Islip.
D.
Penalties. Any violation of the provisions of this section, or of
a rule or regulation adopted pursuant to this section, shall constitute
a violation punishable by a fine of not less than $50 nor more than
$250.
A.
Searchlights. No person operating a boat shall use
search-lights in such a manner as to annoy or disturb other persons
or boats.
B.
Lake Ronkonkoma. No motorboats or propeller-driven
vessels shall be operated upon Lake Ronkonkoma. No automobiles, trucks,
motorcycles, tractors, trailers, snowmobiles or any other all-terrain
motor-driven or propeller-driven or motorized vehicle or device shall
be operated upon Lake Ronkonkoma.
[Amended 12-17-1985]
C.
Every motorboat operated on the navigable waters lying
within or bordering the boundaries of the Town shall be registered
and numbered, pursuant to the requirements of Article 48 of the New
York State Vehicle and Traffic Law. No person shall operate or give
permission for the operation of any motorboat on the navigable waters
of the Town unless it is so registered and numbered, pursuant to Article
48, and the identification number of said vessel is in full force
and effect and displayed, pursuant to Article 48 of the New York State
Vehicle and Traffic Law.
A.
Navigation and speed; conduct of occupants.
(1)
Every
operator of a vessel shall at all times navigate the same in a careful
and prudent manner and at such rate of speed as not to unreasonably
interfere with the free and proper use of the navigable waters of
the Town or unreasonably endanger any vessel, person or property.
[Amended 12-18-1984]
(2)
No
occupant of a mechanically powered/motorized vessel while underway
shall sit, stand, or walk on any area not designed for that movement
except when immediately necessary for safe and reasonable navigation
or operation. The vessel operator shall not permit any person to ride
on the bow, foredeck, transom, gunwales of the vessel or watercraft
when that person’s legs are hanging over the side or in any
position that would endanger that person while the vessel is underway.
[Added 7-14-2009 by L.L. No. 5-2009]
B.
No vessel other than the tending vessel shall be operated
within 100 feet of a red flag with a diagonal white bar which, when
displayed on the water or from a boat, indicates underwater diving
or a designated course for racing shells, but no such flag shall be
placed so as to deny access or use of any boathouse, wharf, harbor,
bay, channel or navigable waterway.
C.
No boat or vessel shall be operated in any harbor
or any areas where there is a congestion of boats, either underway
or at anchor, at a speed in excess of four miles per hour; provided,
however, that the Town Board by resolution may, from time to time
and for periods of time stated in such resolution, suspend the enforcement
of this section with respect to any portion or portions of the Town
waterways and designate speeds for such areas by the location of speed
rafts or other suitable markings.
D.
No person operating a boat shall throw up a dangerous
wake when approaching or passing another boat nor operate a boat at
a speed which shall cause a wake which is liable to endanger the safety
of any person or cause damage to property.
[Amended 12-18-1984]
E.
Operation of vessel near bathers. No boats or vessels
propelled other than by hand shall cruise or be operated within 100
feet of any lifelines or bathing float or, if there are no lifelines
or bathing floats, then within 150 feet of any public or semipublic
beach regularly used for bathing or swimming; nor shall such boat
or vessel cruise or be operated in excess of four miles per hour within
50 feet of any person bathing or swimming, except at inlets or where
a channel approaches the shoreline closer than the distances hereinabove
set forth.
[Added 7-5-1988 by L.L. No. 3-1988]
A.
MOTORBOAT
OWNER or OPERATOR
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Includes any vessel propelled on water in whole or part by
an engine or motor, whether inboard or outboard.
Any person or persons, including an individual, firm, corporation,
association or partnership, owning, operating, chartering or renting
a motorboat.
B.
Speed limit. Unless otherwise lawfully posted, no person who is the owner or operator of a motorboat shall allow the same to be operated in excess of 45 miles per hour within the waters of this Town. This section shall not apply to regattas authorized pursuant to § 37-60.
C.
Penalties for offenses. Every person convicted of
a violation of this section shall, for a first conviction thereof,
be punished by a fine of not more than $100 or by imprisonment for
not more than 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 months, such person shall be punished by a fine of
not more than $250 or by imprisonment for not more than 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 months, such person shall be punished by a fine of not more
than $500 or by imprisonment for not more than 60 days, or by both
such fine and imprisonment.
D.
Policing. The Division of Harbor Police of the Town
and any police officer or peace officer of the State of New York,
or the County of Suffolk are hereby empowered to enforce the provisions
of this section, and every person in charge of a boat navigating or
using the waterways of the Town shall at all times obey the lawful
orders of the members of the Division of Harbor Police, and any police
officer or peace officer of the State of New York, or the County of
Suffolk, and such officers shall have the right to stop any boat navigating
or using the waterways of the Town for the purposes of enforcing this
section.
[Amended 7-14-2009 by L.L. No. 5-2009]
[Amended 7-14-2009 by L.L. No. 5-2009]
The Town Board may authorize the holding of
regattas or boat races and other aquatic events in any navigable waters
of the Town of Islip. Whenever a regatta, boat race or aquatic event
is proposed to be held on such waters, the sponsoring person shall,
at least four weeks prior to the event, file an application with the
Town Clerk. The application shall set forth the nature of the event,
the approximate number of participants, the time and the approximate
location. The application will be presented by the Clerk to the Division
of Harbor Police upon receipt thereof. The Division of Harbor Police
and other agencies of the Town which the head of the Division of Harbor
Police deems appropriate will review the application for safety and
compliance with this Code, and upon the head of the Division of Harbor
Police’s approval, the application will be brought before the
Town Board for its approval or denial. Sailboat regattas or races
sponsored by yacht clubs and sailing or racing associations located
within the Town of Islip are exempt from the requirements of this
section, provided that the United States Coast Guard requirements
for such events are fully complied with.
A.
No person shall operate a vessel on the navigable
waters of the Town 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 10 years of age, in a position to observe
the progress of the person being towed.
B.
No person shall be towed on water skis, a surfboard,
or similar device or use or operate a vessel to tow a person thereon
on the navigable waters of the Town during the period from sunset
to one hour after sunrise; provided, however, that the provisions
of this subsection shall not apply to a paid performer engaged in
a professional exhibition.
C.
Location and speed.
(1)
No
person shall be towed 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 beach
or public dock or within 50 feet of any swimmer or bather or boat
anchored or moving; nor shall any person engaged in such activities
come within 500 feet of the shoreline unless solely for the purpose
of commencing or ending the ride.
(2)
No
person shall operate a vessel or tow a person on waterskis, surfboard,
aquaplane or similar device or manipulate any waterskis, aquaplane,
or similar device at a speed greater than is reasonable and prudent
under the conditions and without due regard, caution, or circumspection
to the actual and potential hazards then existing.
[Added 7-14-2009 by L.L. No. 5-2009]
D.
No person shall be towed on water skis, a surfboard or similar device without wearing a personal flotation device as specified in § 37-57.1 of this article.
[Amended 7-14-2009 by L.L. No. 5-2009]
E.
No person shall operate a vessel to tow a person on
waterskis, surfboard, aquaplane or similar device or manipulate any
water skis, aquaplane or similar device in a reckless or negligent
manner so as to endanger, or which is likely to endanger life or limb,
injure a person, or damage property of any person.
[Amended 7-14-2009 by L.L. No. 5-2009]
[Amended 7-14-2009 by L.L. No. 5-2009]
A.
No person under the age of 18 years shall operate a mechanically
propelled vessel on the navigable waters of the Town unless:
(1)
The operator is accompanied therein by a person who is 18 years of
age or older; or
(2)
The operator is 10 years of age or older and is the holder of a boating
safety certificate issued to him by the Commissioner of the Office
of Parks and Recreation of the State of New York, pursuant to § 78
of the New York State Navigation Law, or by the United States Power
Squadrons or the United States Coast Guard Auxiliary.
B.
The failure of a person specified in Subsection A(2) of this section to exhibit a boating safety certificate upon demand to any peace officer or other officer having authority to enforce the provisions of this local law shall be presumptive evidence that such person is not the holder of such certificate.
C.
No person who is the owner of a motorboat shall knowingly authorize
or permit the operation thereof on the navigable waters of the Town
unless:
(1)
The operator is 18 years of age or older;
(2)
The operator is accompanied therein by a person 18 years of age or
older; or
(3)
The operator is 10 years of age or older and is the holder of a boating
safety certificate issued to him by the Commissioner of the Office
of Parks and Recreation of the State of New York, the United States
Power Squadrons or the United States Coast Guard Auxiliary.
D.
No person shall operate a vessel on the navigable waters of the Town
while under the influence of intoxicating liquor, narcotic drugs or
opiums.
F.
No person operating a vessel upon the navigable waters of the Town
of Islip shall fail or refuse to comply with any lawful order or direction
of any police officer or peace officer acting pursuant to his or her
special duties. Failure or refusal to comply with such lawful order
shall be a violation.
[Added 8-12-2008[1]]
In addition to all other applicable provisions
of this article, the following shall apply to the operation of personal
watercraft and specialty prop-craft:
A.
No person shall operate a personal watercraft or specialty
prop-craft unless each person riding on or towed behind such vessel
is wearing a securely fastened life jacket (Type I, II, III or V)
approved by the United States Coast Guard, except that a Type III
inflatable PFD life jacket shall not be worn on a personal watercraft
or specialty prop-craft.
B.
No person shall operate a personal watercraft or specialty
prop-craft unless such vessel is equipped and fitted with a United
States Coast Guard approved device for arresting carburetor backfire.
C.
No person shall operate a personal watercraft or specialty
prop-craft unless such vessel is equipped with:
(1)
At least two ventilators fitted with cowls or their
equivalent for the purpose of properly and efficiently ventilating
the bilges of every engine and fuel tank compartment in order to remove
any inflammable or explosive gases; provided, however, that if the
personal watercraft or specialty prop-craft is so constructed as to
have the greater portion of the bilges under the engine and the fuel
tank(s) open and exposed to the natural atmosphere at all times, it
need not be fitted with such ventilators; and
(2)
An efficient sound-producing mechanical appliance,
except sirens, capable of producing a blast of two seconds or more
in duration and of such strength as to be heard plainly for a distance
of at least 1/2 mile in still weather; and
(3)
A fluorescent-orange distress flag, which shall be
a minimum of one foot square, or other appropriate United States Coast
Guard approved visual distress signal.
D.
No person shall operate a personal watercraft or specialty
prop-craft unless such vessel is equipped with a lanyard-type engine
cutoff switch and such lanyard-type engine cutoff switch is attached
to his or her person, clothing or a personal flotation device as is
appropriate for the specific vessel.
E.
No person shall operate a personal watercraft or specialty
prop-craft between sunset and sunrise or in periods of restricted
visibility.
F.
Restricted areas.
(1)
No person shall operate a personal watercraft or specialty
prop-craft:
(a)
Within 500 feet of a shoreline, a lifeline or
bathing float, and/or a bather or swimmer, except during transit to
and from the shoreline or ramp area, and then only at five miles per
hour, or at any applicable more restrictive speed regulation and/or
restriction, and no closer than 50 feet to a bather, swimmer or other
person in the water; and
(b)
In bodies of water where the opposing shoreline
is less than 500 feet from a shoreline; and
(c)
In excess of the applicable speed regulations
and/or restrictions.
(2)
"Transit" shall mean the safest direct route to or
from the shoreline or to or from the launching site of the personal
watercraft or specialty prop-craft.
(3)
Nothing contained in this subsection shall be construed
to prohibit the launching of such vessels from designated launching
sites or private beaches with the property owner's consent.
G.
Every personal watercraft and specialty prop-craft
shall at all times be operated in a reasonable and prudent manner.
Maneuvers which unreasonably or unnecessarily endanger life, limb
or property, including but not limited to weaving through congested
vessel traffic, or jumping the wake of another vessel unreasonably
or unnecessarily close to such other vessel or when visibility around
such other vessel is obstructed, or sudden turning, stopping and rapidly
accelerating, or swerving at the last possible moment to avoid collision,
shall constitute reckless operation of a vessel.
H.
Registration numbers on personal watercraft and specialty
prop-craft shall be visible at all times and shall be in accordance
with all applicable federal and state regulations.
I.
PWC. No
person shall operate a personal watercraft or specialty prop-craft
upon the navigable waters of the Town of Islip unless the operator
is the holder of, or is accompanied by a person over 18 years of age
who is the holder of, a boating safety certificate issued to him by
the Commissioner of the Office of Parks and Recreation of the State
of New York, the United States Power Squadrons or the United States
Coast Guard Auxiliary, or other state or government, as a result of
completing a course approved by the Commissioner of the Office of
Parks and Recreation of the State of New York.
[Added 7-14-2009 by L.L. No. 5-2009]
J.
No person
who is the owner of a personal watercraft or specialty prop-craft
shall knowingly authorize or permit the operation thereof on the navigable
waters of the Town of Islip unless the operator is the holder of,
or is accompanied by a person over 18 years of age who is the holder
of, a boating safety certificate issued to him by the Commissioner
of the Office of Parks and Recreation of the State of New York, the
United States Power Squadrons or the United States Coast Guard Auxiliary,
or other state or government, as a result of completing a course approved
by the Commissioner of the Office of Parks and Recreation of the State
of New York.
[Added 7-14-2009 by L.L. No. 5-2009]
This article shall take effect immediately upon
approval of the New York State Conservation Commissioner.
