[Adopted 3-12-2002 by L.L. No. 1-2002]
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 bodies of water 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 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.
When used in this article, and unless the specific content indicates otherwise, the following deifnitions shall apply:
- Upon the vessel.
- 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 low-water mark of a body of water, including the line at 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).
There shall be a personal watercraft and specialty prop-craft regulation zone on the following bodies of water on the Fulton Chain of Lakes within the Town of Webb: Old Forge Pond, the channel extending from Old Forge Pond to First Lake, First Lake, Second Lake, Third Lake, and that portion of Fourth Lake that lies within the boundary of the Town of Webb. Such Zone is to extend 1,500 feet from the shoreline at low-water mark as to each of the bodies of water named herein (Navigation Law § 46).
Within the regulation zones designated in § 190-8.10 hereof, the use or operation of personal watercraft and specialty prop-craft shall be regulated as follows:
Hours of operation: Use or operation of personal watercraft and specialty prop-craft shall be permitted only between the hours of 9:00 a.m. and 6:00 p.m. daily.
Operators: No person under the age of 16 years may use or operate a personal watercraft or specialty prop-craft alone. Such person must be accompanied by a person who is 16 years of age or older and who has earned a boating safety certificate as set forth in New York State Navigation Law § 78.
The regulations set forth by this article shall be enforced by the Town of Webb Police Department and the Herkimer County Sheriff's Department.
There shall be constructed on the shore of each body of water designated in § 190-8.10 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 the use of watercraft and specialty prop-craft vessels is regulated with regard to hours of operation and permitted operators. A signboard conspicuously displaying the same information shall also be constructed facing land at all public and commercial boat launches on the bodies of water set forth in § 190-8.10 above.
Any person violating the regulations within a 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.