Town of Webb, NY
Herkimer County
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[Adopted 12-10-2002 by L.L. No. 2-2002]
The Town Board of the Town of Webb finds and declares that it is in the best interests of the persons and property in the Town to adopt regulations which will protect and enhance the physical and visual environment while providing for the protection, order, conduct, safety, health and well-being of the persons and property in the Town. More specifically, the Town Board finds that the use of personal watercraft and specialty prop-craft on the water bodies of the Town has the following adverse effects: air and water pollution, excessive noise, disturbance and disruption of wildlife, damage to plant life, threat and damage to public safety and disruption of tranquility; and that it is in the best interests of the persons and property in the Town to adopt a local law establishing a personal watercraft and specialty prop-craft regulation zone, pursuant to authority under Town Law § 130 and Municipal Home Rule Law § 10, in order to safeguard against the ill effects of their use. The purpose and intent of this article is to establish a personal watercraft and specialty prop-craft regulation zone pursuant to authority under Town Law § 130, Municipal Home Rule Law § 10, and Navigation Law § 46.
As used in this article, the following terms shall have the meanings indicated:
PERSONAL WATERCRAFT
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 (Navigation Law § 2, Subdivision 30).
SHORE and SHORELINE
The line at the low-water mark of a body of water, including the line at the low-water mark along the shore of any tributary, outlet, inlet or island in or adjacent to the body of water.
SPECIALTY PROP-CRAFT
A vessel which is powered by an outboard motor or a propeller-driven motor 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 (Navigation Law § 2, Subdivision 31). This definition is not intended to encompass vessels comprised of a deck mounted upon multiple pontoons or floats, such as party boats, barges or floating docks.
There shall be a personal watercraft and specialty prop-craft regulation zone on the following body of water in the Town of Webb: Twitchell Lake.
Within the regulation zone designated in § 190-11 hereof, the use of personal watercraft and specialty prop-craft shall be prohibited within 1,500 feet of the shoreline of such body of water. Due to the fact that the body of water in § 190-11 hereof is in all places less than or equal to 3,000 feet from shore to shore, this prohibition is intended to effect a complete ban on the use of personal watercraft and specialty prop-craft on this body of water.
The regulations set forth by this article shall be enforced by the Town of Webb Police Department and the Herkimer County Sheriff's Department and other enforcement agencies having jurisdiction or authority.
There shall be constructed on the shore of the body of water designated in § 190-11 hereof a signboard facing the water and bearing thereon in large letters "Vessel Regulation Zone." Such signboard shall be conspicuously placed on the shore at such locations as the Town Board shall designate to indicate the boundary of the regulation zone. Each signboard shall also set forth the restrictions adopted herein, as now or hereafter amended, stating specifically that the use of personal watercraft and specialty prop-craft vessels is prohibited. A signboard conspicuously displaying the same information shall also be constructed facing land at all public and commercial boat launches on Twitchell Lake.
Any person violating the regulations within the personal watercraft and specialty prop-craft regulation zone shall be guilty of a violation, punishable as set forth in Navigation Law § 73-b, as now or hereafter amended.