[HISTORY: Adopted by the Town Board of the Town of Jerusalem 8-12-1992.
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 160.
Pursuant to New York State Town Law § 130, 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
bounding the Town of Jerusalem by the inhabitants of the town and community;
to secure safety from flood, fire, explosions and other dangers; to protect
the inhabitants of the Town of Jerusalem from unreasonable odors, smoke, vapor,
gas, dust, noise and vibrations; to promote and protect the good order, peace,
health, safety, morals and general welfare of the inhabitants of the town
and community; to protect and secure the property of the same, the Jerusalem
Town Board does hereby enact the following chapter.
This chapter shall be known as the "Vessel Mooring Ordinance of the
Town of Jerusalem."
Except when prohibited by reason of laws of the United States, the following
rules and regulations shall apply to all waters within the Town of Jerusalem
and to all waters bounding the Town of Jerusalem to a distance of 1,500 feet
from the shore of the Town of Jerusalem.
All applicable provisions of the Navigation Law of New York and the
laws of the United States governing the navigation of the inland waters of
the United States shall be complied with by all vessels.
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 equipment so designed that, when such attachment is terminated, the equipment
in its entirety is removed from the ground and taken under control of the
vessel.
The attachment of, or to attach, the vessel to the ground by means
of equipment so designed that, when such attachment is terminated, some portion
of the equipment remains attached to or resting on the ground and is not taken
under the control of the vessel, and shall also include the anchoring of a
vessel for a period of eight hours or longer.
Includes the person under whose name the vessel was last registered
in accordance with the provisions of the Federal Boating Act 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 the legal title or equitable interest therein which entitles
him to such possession.
Includes all floating craft, but shall not include row boats, canoes
or racing shells propelled solely by hand.
A.
No person shall moor any vessel within 1,500 feet of
shore unless:
(1)
Such vessel is compelled to moor or anchor owing to temporary
disability and then only during the period of its temporary disability; or
(2)
Such vessel is compelled to moor or anchor temporarily
owing to an emergency arising out of the perils of the sea and then only during
the period of the emergency; or
(3)
Such person is the adjacent upland owner who has placed
one mooring buoy within 100 feet of the shoreline and within the boundaries
of his shoreline, and no vessel or part thereof which is secured to such mooring
buoy shall at any time extend more than 100 feet from shore or beyond the
boundaries of such upland owner's shoreline; and provided, further, that
no mooring buoy may be placed in a navigable channel or in any location in
which it will interfere with free and safe navigation or free access to another
person's property.
B.
All floats shall be anchored or moored in such a way
as to be secure at all times and under all conditions.
