[HISTORY: Adopted by the Board of Trustees of the Village of Sea
Cliff 9-17-1979 by L.L. No. 17-1979, effective 10-15-1979. Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Waterways and Boats
Law of the Incorporated Village of Sea Cliff."
For the purposes of this chapter, the terms used herein are defined
as follows:
Every description of watercraft or other contrivance used on or capable
of being used as a means of transportation on water.
Channels, cross-channels connecting with channels, basins, docks,
anchorage and bathing areas.
This chapter shall apply to all waters or waterways within
or adjacent to the Incorporated Village of Sea Cliff or subject to its jurisdiction,[1] except when prohibited by laws of the United States, and except
those parts of the channel system under the supervision of any other municipality.
[1]
Editor's Note: See Village Law § 4-412.
A.
Discharging of toilets, except treated effluent from
Coast Guard approved marine toilets, is prohibited in channel systems and
shellfish beds.
B.
Dumping of oil, refuse, garbage or waste is prohibited
in channel systems or shellfish beds.
C.
Boats shall not moor or anchor except at the edge of
the channel, and in no case shall vessels moor to or anchor within 50 feet
of any channel markers or so as to interfere with the full use of the channel.
Any boat which becomes a menace to navigation or becomes unseaworthy or sinks,
grounds or becomes otherwise disabled shall be removed by the owner or person
in charge thereof within five days after the mailing of a notice directing
same by or on behalf of the Board of Trustees to the owner or person in charge
of the boat, or within 24 hours after personal notice to such owner or person.
In the event that such notice shall not be duly and timely complied with,
the boat shall be removed on behalf of the Board of Trustees, and the entire
cost thereof, including any attorneys' fees incurred, shall be assessed by
the Board of Trustees upon the owner or person in charge of the boat. The
expenses and fees so assessed shall constitute a lien and charge upon such
boat until paid or otherwise satisfied or discharged. This remedy shall be
in addition to any penalty provided for under this Code.[1]
D.
No boat shall be tied up or made fast to any public dock or to other public property for a continuous period of longer than 12 hours except by permission of the Board of Trustees. The Board of Trustees or any duly authorized officer or agent thereof may cause any boat tied up or made fast to any public dock or other public property in excess of said continuous period of 12 hours to be removed at the expense of the owner or person in charge of such vessel, and the costs thereof shall be assessed and collected in the same manner as provided in Subsection C of this section.
E.
Every person operating a boat shall at all times operate
the same in a careful and prudent manner and at such a rate of speed as not
to disturb the reasonable comfort or endanger the property of another or the
life or limb of any person or so as to interfere with the free and proper
use of the waters. Throwing up a dangerous wake when approaching or passing
another boat is prohibited.
F.
No boat shall be operated at a speed greater than 12
miles per hour in channels nor at a speed greater than five miles per hour
in basin, dock, anchorage or designated bathing areas.
G.
No person shall operate a boat propelled wholly or partly
by an internal combustion engine without having the exhaust from the engine
run through a muffler so constructed and used as to muffle the noise or exhaust
in a reasonable manner.
