This chapter shall be cited as the "Waterways
Law of the Village of North Haven."
A.
The Village of North Haven supports a range of activities
in and on the waterways within and bounding the Village limits. These
include recreational boating and fishing, bathing and aquatic sports
and a commercial ferry slip complex. The Village of North Haven finds
that in order to effectively manage, protect and control these waters,
a harbor management plan should be devised and implemented. The basis
for this plan is described in this chapter which replaces the former
Chapter 50 of the Village Code.
B.
More specifically, the purpose of the Harbor Management
Plan and Waterways Law is to control water activities, promote general
safety, protect environmental quality and provide for the efficient
sharing of these resources among the various activities. The plan
addresses the activities on and in the surface waters and not underwater
lands.
C.
This chapter will therefore address standards, requirements
and procedures for the safe and sanitary operation of vessels, personal
and recreational watercraft, regulations for mooring and anchoring
of vessels and regulation of matters relevant to safety, sanitation
and environmental conservation within and bounding the North Haven
Village limits.
A.
This chapter is adopted pursuant to § 46-a of the Navigation Law, § 10 of the Municipal Home Rule Law and Article IX of the State Constitution.
B.
The provisions of this chapter shall, except when
prohibited by the laws of the United States, apply to all waters or
waterways in the Village and to all waters or waterways bordering
the Village to a distance of 1,500 feet from the shore, except as
otherwise shown on the chart.[1]
[1]
Editor's Note: A copy of the waterways chart
or map is on file in the Village offices.
C.
All provisions of the Navigation Law of this state,
of the inland rules enacted by Congress and governing the navigation
of the inland waters of the United States and of the Pilot Rules for
the United States inland waters applicable to the channel systems,
including the rules for vessels passing each other, lights on vessels
and other matters consistent with the proper use of the channel systems,
shall be complied with by all persons operating or in control of a
vessel navigating within the harbor management area.
As used in this chapter, the following terms
shall have the meanings indicated:
A machine, land- or water-based, used for navigation in the
air that is supported by the dynamic reaction of the air against its
surfaces. The term "aircraft" includes fixed-wing airplanes that are
driven by a propeller or by a high-velocity jet and helicopters whose
support in the air is derived chiefly from the aerodynamic forces
acting on one or more rotors turning about substantially vertical
axes.
To secure a vessel temporarily to the bottom of a water body
by dropping an anchor or anchors or other ground tackle from a vessel
for a period of no longer that 72 consecutive hours.
An area 15 feet wide immediately adjacent to the outside
lines of a channel.
Water areas specifically reserved for unobstructed movement
of vessels and marked in the water by aids to navigation. Channels
are depicted on the Village of North Haven chart.[1]
Any floating or fixed structure extending out from the shoreline
used for securing vessels or accessing the bounding waterways from
the land or the upland from the waterway.
An area in the waterway commonly used as an open accessway
between marine structures, channels and buffer areas.
A structure buoyant on the water's surface, anchored to the
underwater land by cables or lines, which provides an offshore surface
for swimmers, storage of small vessels or other purposes.
Any vessel in fact used, designed or occupied as a dwelling
unit, business office or source of any occupation, or for any private
or social club of whatsoever nature, including but not limited to
a structure constructed upon a barge primarily immobile and out of
navigation which functions substantially as a land structure while
the same is moored or docked within the harbor management area of
the Village of North Haven, whether such vessel is self-propelled
or not.
All surface waters, inlets, bays and coves, within or bounding
the Village of North Haven to a distance of 1,500 feet from mean low
water or less, as such waters are designated on the chart.[2]
The water surface map adopted by the Village of North Haven
as part of this chapter.[3]
To attach a vessel to a dock or other structure or to attach
a vessel to the ground or lands underwater by means of tackle so designed
that, when such attachment is terminated, some portion of the tackle
remains below the surface of the water and is not under the control
of the vessel or its operator.
A permanent or semipermanent vessel-anchoring device and
its associated tackle, such as chains, buoys and other equipment,
other than a common anchor, manufactured and used specifically for
the permanent or semipermanent mooring of vessels.
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.
Those, including individuals, partnerships, corporations,
associations or any other legal entity, using the facilities and areas
within the harbor management area and subject to the provisions of
this chapter.
Nonhull navigable, sail-powered vessels capable of supporting
one or more occupants (commonly known as "sailboards" or "windsurfers").
Designated areas where anchorage is not permitted at any
time.
The line of the shore depicted on the chart at mean low water.[4]
The speed of a vessel as measured in slack water in statute
miles.
Includes every description of vessel and watercraft or other
contrivance used or capable of being used as a means of transportation
in the water, including seaplanes and personal watercraft. Specifically
excluded from this definition are floating homes.
Includes the person under whose name the vessel was last
registered in accordance with the provisions of 46 U.S.C. §§ 121
through 125 or the New York Vehicle and Traffic Law and, in any other
case, the last owner or the person who claims lawful possession of
such vessel by virtue of legal title or equitable interest therein
which entitles him to such possession.
The Board of Trustees of the Village of North Haven.
All surface waters within or bounding the municipal limits
of the Village of North Haven to a distance of 1,500 feet from shore
except where shown at a lesser distance on the Harbor Management Chart.[5]
The waterways officer appointed or service retained by the
Board of Trustees of North Haven.
[1]
Editor's Note: A copy of the waterways chart
or map is on file in the Village offices.
[2]
Editor's Note: A copy of the waterways chart
or map is on file in the Village offices.
[3]
Editor's Note: A copy of the waterways chart
or map is on file in the Village offices.
[4]
Editor's Note: A copy of the waterways chart
or map is on file in the Village offices.
[5]
Editor's Note: A copy of the waterways chart
or map is on file in the Village offices.
