This Article shall be known as the "Waterways
Law of the Town of Southampton."
A.Â
The following rules and regulations shall, except
when prohibited by the laws of the United States, apply to all waters
or waterways in the Town and to all waters and waterways adjacent
to a distance of 1,500 feet from the shore, provided that they shall
not apply to waters or waterways within an incorporated village in
the Town or to waters or waterways adjacent to a distance of 1,500
feet from the shore, except upon the consent of the Board of Trustees
of such incorporated village, and provided further that they shall
not apply to waters or waterways in the channel system, if any, under
the supervision of the Long Island State Park Commission.
B.Â
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
United States inland waters applicable to the channel system relative
to the rules for boats passing each other as to lights on boats and
other matters consistent with the proper use of the channel system
shall be complied with by all boats navigating said systems.
As used in this chapter, the following terms
shall have the meanings indicated:
To secure a vessel to the bottom by employing an anchor which
is removed from the bottom every time the vessel is underway.
Every description of watercraft or artificial contrivance
used or capable of being used as a means of transportation on water.
The practice of riding on the bow of a vessel when such vessel
is not equipped by the manufacturer with seating facilities for riding
on the bow while said vessel is underway.
The bed of a natural waterway with well-defined banks presenting
the evidence of the flow of tidal waters and commonly or usually traversed
by watercraft, and, in addition, refers to man-made or stabilized
waterways designed for the navigation of watercraft. For the purpose
of this chapter, boat basins and bathing areas are included in the
term "channel system."
Anyone engaged in the business of launching and hauling boats
either directly or indirectly (i.e., boatyard).
An individual, firm, partnership, corporation or other entity
engaged in the business of selling, renting, leasing, loaning or otherwise
allowing another person to use a boat, personal watercraft, specialty
prop-craft or sailboard. For the purpose of this chapter, a "commercial
operator" shall include those employees in control of or supervising
the clientele's use of the boat, personal watercraft, specialty prop-craft
or sailboard.
[Added 5-24-1994 by L.L. No. 22-1994]
Any person who owns real property in the Town of Southampton
which is his or her principal place of abode and domicile or any member
of his or her immediate family under 19 years of age actually residing
on said property.
A boat, barge or other craft equipped for use primarily as
a dwelling, as opposed to primarily used for transportation over the
water.
To secure a vessel to a stake or anchor which remains in
position on the bottom while the vessel is underway (mooring).
Includes the person under whose name the vessel was last
registered with the United States Coast Guard or within any state
of the United States, 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 legal title or equitable interest therein
which entitles him to such possession.
A wearable flotation device, classified and approved by the
United States Coast Guard, which is in a condition that is fit for
its intended purpose, bears a legibly marked United States Coast Guard
approval number and is of an appropriate size for the person who intends
to use it.
[Added 5-24-1994 by L.L. No. 22-1994]
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.
[Added 5-24-1994 by L.L. No. 22-1994]
A person who, during the period of not less than 12 months
immediately preceding his or her application for a permit hereunder,
has had a principal place or abode and domicile in and shall have
actually and continuously resided within the Town of Southampton for
said twelve-month period.
A vessel which uses 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.
[Added 5-24-1994 by L.L. No. 22-1994]
A person who owns real property as shown on the assessment
rolls of the Town of Southampton, but is not a resident, as defined
herein.
To secure by means of rope or line to a fixed or floating
object.
Repeatedly operating a vessel across another vessel's wake.
A.Â
Discharging of toilets is prohibited in the waters
of the Town of Southampton.
B.Â
Dumping or discharging petroleum products, refuse,
garbage or waste, either liquid or solid, or emptying swimming pools
in the waters and wetlands of the Town of Southampton is prohibited.
[Amended 5-24-1994 by L.L. No. 22-1994]
C.Â
Discharge into waters and wetlands.
[Added 11-10-1992 by L.L. No. 45-1992; amended 5-11-1993 by L.L. No. 12-1993]
(1)Â
The installation, construction or maintenance of any discharge device, discharge system or gravity-dependent outflow pipe that is determined to be a permanent ancillary component of any area, use or structure which effects the discharge of swimming pool effluent, stormwater runoff or any other liquid effluent into the surface waters or wetlands of the Town of Southampton by any property owner, swimming pool maintenance company, home improvement contractor (as defined in Chapter 143 of the Town Code of the Town of Southampton) or any other agent of a property owner shall be deemed a violation of this chapter.
(2)Â
Any violation of this section by a home improvement contractor as defined in Chapter 143, Contractors, of the Town Code of the Town of Southampton shall be referred to the Home Improvement Contractor Licensing Review Board to hear and determine whether said violation shall be the basis for the suspension or revocation of a home improvement license pursuant to § 143-11.
(3)Â
Nothing herein shall be construed to prohibit the
temporary installation of dewatering equipment to permit water to
be discharged into surface waters or wetlands of the Town of Southampton
from a swimming pool or other structure or area during construction
or structural repair thereof, or the use of circulating pumps or wells
to cleanse shellfish in holding tanks, or tanks used to hold clams,
lobsters or fish on a temporary basis prior to sale; provided, however,
that prior to any such installation or use, a property owner shall
obtain a Town Trustee permit therefor. Failure to obtain a permit
in such circumstances shall be deemed a violation of this chapter.
A.Â
Boats shall not moor or anchor in any channel, and
in no case shall boats tie to or anchor within 50 feet of any channel
marker, navigation aid or controlling device or so as to interfere
with the full use of the channel.
B.Â
Boats shall not moor or anchor so as to endanger the
safety of or cause damage to any boat previously anchored or moored
or so as to interfere with the mooring of any boat previously laid
down. Any boats so moored or anchored shall be removed by the owner
or person in charge thereof on an order of the Town Board or Town
Trustees or any duly authorized officer or agent thereof or member
of the Town police or Bay Constable of the Town. If said boat is not
removed after orders to so remove it, it may be removed by or at the
direction of the Town Board or Town Trustees or any duly authorized
officer or agent thereof or member of the Town police or a Bay Constable
of the Town at the expense of the owner or person in charge of said
boat.
C.Â
No mooring shall be placed in Town waters except as
provided in the rules and regulations for the management and products
of the waters of the Town of Southampton.
D.Â
Time limits. No person shall tie up or moor or anchor any boat or floating structure whatsoever to or within 50 feet of any dock, wharf, highway or landing place maintained at the expense of the Town of Southampton or Town Trustees for a longer period than two hours in any 24 hours, except for the purpose of making necessary repairs to machinery or the hull for the purpose of rendering such boat or structure seaworthy to permit the same to proceed to a place of permanent repairs. The period allowed for such repairs is not to exceed five days. The period of two hours above-provided shall not be confined to a continuous period only, but shall include all docking or mooring or anchoring to or within the above distance to said dock, wharf, highway or landing place within a period of 24 hours. Nothing in this Subsection D shall be construed to apply to the following:
E.Â
No boat shall be tied at Eastport Dock and Basin,
Speonk Shore Basin, Baycrest Dock and Canal, the Town Trustee Commercial
Fishing Basin at Road H, or Old Fort Pond Fixed Dock, except as provided
in the rules and regulations of the Town Trustees.
[Amended 6-27-2006 by L.L. No. 34-2006]
F.Â
Houseboats.
(1)Â
No person, corporation, firm, association, organization,
owner or agent shall moor, anchor or tie up any houseboat within the
waters of the Town of Southampton without first obtaining a permit
from the Town Trustees; the permit shall be valid for 72 hours, and
the fee therefor shall be $25.
(2)Â
Houseboats moored, anchored or tied up in waters over
private lands (bottoms) shall be subject to the zoning laws of the
Town of Southampton pertaining to buildings and structures.
G.Â
Obstructions on docks. No person shall place any obstruction
or place, pile or store any nets, boxes, bait cars or fishing equipment
or gear whatsoever upon any dock, wharf, pier, ramp or highway maintained
at the expense of the Town of Southampton or the Town Trustees.
H.Â
Commercial fishing docks. No vessel shall be allowed
to enter upon or use the facilities of a commercial fishing dock or
basin operated by the Town of Southampton Parks and Recreation Department
unless the owner thereof shall procure from the Superintendent of
Parks and Recreation and have in his possession a permit, which shall
be stored on the vessel for which it is issued and made available
for inspection upon request by the Town.
I.Â
No person, corporation, firm, association, organization,
owner or agent shall employ an anchor or similar device to secure
any vessel not in use to the bottom of any waters within the Town
of Southampton, unless such person, corporation, firm, association,
organization, owner or agent has been issued a mooring permit by the
Town Trustees.
[Added 10-28-1997 by L.L. No. 37-1997]
A.Â
All boat engines must be shut off when loading or
unloading at any Town or Town Trustee ramp or landing.
B.Â
No person shall park or leave any unattended vehicle
on any ramp.
C.Â
Ramp permits.
(1)Â
No person shall use any ramp owned or controlled by
the Town of Southampton or Town Trustees without first obtaining a
permit, evidenced by a sticker which shall be prominently displayed
on the vehicle for which it was issued. Stickers lost or defaced may
be reissued. The Town Board or Town Trustees may at any time terminate
all existing stickers and call for renewal registration. The Town
Trustees office is hereby authorized to issue such stickers in accordance
with the rules and regulations of the Town Trustees.
(2)Â
Misuse of stickers. No person shall display or use
a ramp sticker unless said sticker properly applies to the registered
vehicle owner's status (i.e., resident, taxpayer, nonresident, commercial
boat hauler) at the time of said use and is displayed only on the
vehicle for which it was issued.
A.Â
Any boat which becomes a menace to navigation, unseaworthy,
sinks, grounds or becomes otherwise disabled shall be removed by the
owner or person in charge thereof on order of the Town Board or Town
Trustees or any duly authorized officer or agent thereof or member
of the Town police or a Bay Constable of the Town. If said boat is
not removed after an order so to remove it, it may be removed by or
at the direction of the Town Board or Town Trustees or any duly authorized
officer or agent thereof or member of the Town police or a Bay Constable
of the Town.
B.Â
The owner or person in charge of said boat may reclaim
the same after proving his ownership and paying the appropriate fee.
An impound fee of $50, plus $2 per day of storage, is required for
the release of boats up to 16 feet in length. An impound fee of $75,
plus $2 per day of storage, is required for the release of boats 16.1
feet to 20 feet in length. An impound fee of $100, plus $2 per day
of storage, is required for the release of boats 20.1 feet to 24 feet
in length. Boats in excess of 24 feet in length will be hauled by
commercial salvage/hauling and will only be released when the salvage/hauling
fee, plus $2 per day of storage, has been paid. The impound and storage
fees may be waived only in the case of recovered stolen property which
has legitimately been reported as such prior to any impound. These
fees shall be payable to the Town Trustees. The Town Trustees or the
Town of Southampton shall not be liable for any damage incurred by
the boat removal.
A.Â
No boat shall be operated at a greater speed than five miles per hour within 500 feet from shore, except when said boat is being operated in a channel which approaches closer than 500 feet to shore, or greater than such speed as may be indicated by signs installed by the Trustees of the Freeholders and Commonalty of the Town of Southampton, the federal government, the County of Suffolk or incorporated villages. The provisions of this section shall not apply to boats participating in an organized racing event for which a license has been obtained under § 94-4 of this Code.
[Amended 5-12-1992 by L.L. No. 19-1992]
B.Â
No boat propelled other than by hand shall cruise
or be operated within 100 feet of any lifeline or bathing float or,
if there is no lifeline or bathing float, then within 150 feet of
any public or semipublic beach regularly used for bathing or swimming,
nor shall such boat cruise or be operated in excess of five miles
per hour within 50 feet of any person bathing or swimming or an anchored
or moored boat.
C.Â
No boat shall be operated at a speed greater than
45 miles per hour in the waters of the Town of Southampton. The foregoing
speed restriction shall apply to all navigable waters located within
the boundary lines of the Town of Southampton except when the provisions
thereof are in conflict with the laws of the United States or the
State of New York or in any municipal corporation or administrative
authority thereof having jurisdiction thereover.
A.Â
No person shall operate a boat for towing a person
on water skis or a surfboard, inflatable, parasail or similar device,
nor shall any person be towed on water skis or a surfboard, inflatable,
parasail or similar device unless there is in such a boat a person
10 years of age or older, other than the operator, in a position to
observe the progress of the person being towed.
[Amended 5-24-1994 by L.L. No. 22-1994]
B.Â
No person shall be towed on water skis or a surfboard,
inflatable, parasail or similar device or use or operate a boat to
tow a person thereon between the period from sunset to one hour after
sunrise or during periods of limited visibility.
[Amended 5-24-1994 by L.L. No. 22-1994]
C.Â
No person shall be towed on water skis or a surfboard,
inflatable, parasail or similar device or use or operate a boat to
tow a person thereon in any channel or within 150 feet of any public
or semipublic bathing beach or public dock or within 50 feet of any
swimmer or bather or moving or anchored boat, nor shall any such person
engaged in such activities come within 500 feet of the shoreline unless
they approach or depart perpendicular to the shoreline and solely
for the purpose of commencing or ending the ride.
D.Â
No person shall be towed on water skis or a surfboard,
inflatable, parasail or similar device or use or operate a boat to
tow a person thereon, unless such person being towed is wearing a
Coast Guard approved personal flotation device of Type I, II or III.
[Amended 10-28-1997 by L.L. No. 37-1997]
A.Â
Every person operating a boat shall at all times operate
the same in a careful and prudent manner 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. Imprudent operation shall include
but not be limited to wake-jumping or permitting bow-riding.
B.Â
No boat shall be operated in such a manner as to throw
up a wake which could be dangerous to life or limb of a person, boats
or other property.
C.Â
No person under the age of 18 years shall operate
a mechanically propelled vessel on the waters of the Town of Southampton
unless:
[Amended 5-24-1994 by L.L. No. 22-1994]
(1)Â
The operator is accompanied therein by a person who
is 18 years of age or older; or
(2)Â
The operator is 10 years of age or older and is the
holder of a boating safety certificate issued to him by the New York
State Commissioner of Parks, Recreation and Historic Preservation,
the United States Power Squadrons or the United States Coast Guard
Auxiliary.
D.Â
No person who is the owner of a mechanically propelled
vessel shall knowingly authorize or permit the operation thereof on
the waters of the Town of Southampton unless:
[Amended 5-24-1994 by L.L. No. 22-1994]
(1)Â
The operator is 18 years of age or older;
(2)Â
The operator is accompanied therein by a person 18
years of age or older; or
(3)Â
The operator is 10 years of age or older and is the
holder of a boating safety certificate issued to him by the New York
State Commissioner of Parks, Recreation and Historic Preservation,
the United States Power Squadrons or the United States Coast Guard
Auxiliary.
F.Â
Small sailboats under 16 feet, windsurfers, sailboards,
swimmers and anchored boats are prohibited from using any motor boat
area used for waterskiing, designated by buoys, from May 15 to September
15.
[Amended 5-24-1994 by L.L. No. 22-1994]
G.Â
No person shall operate a vessel of Class A or 1 as defined in Article 4, Part 1, § 43, Paragraph 1 of the New York State Navigation Law, or a rowboat or canoe, nor shall the owner of such vessel while on board such vessel permit its operation, unless each person on such vessel under the age of 12 is wearing a securely fastened United States Coast Guard approved personal flotation device of an appropriate size and type when such vessel is underway.
[Amended 5-24-1994 by L.L. No. 22-1994]
A.Â
No person shall operate a watercraft on the waters
of the Town of Southampton unless said watercraft has on board the
following equipment:
(1)Â
Personal flotation devices as required by Title 33 of the Code of Federal Regulations, Part 175; except in the case of a vessel of Class A, as defined in Article 4, Part 1, § 43, Paragraph 1, of the New York State Navigation Law, or a rowboat or canoe, United States Coast Guard approved personal flotation devices of Type I, II or III of an appropriate size shall be on board for each occupant when such vessel is underway.
[Amended 5-24-1994 by L.L. No. 22-1994]
(2)Â
Fire extinguishers as required by Article 4, Part 1, § 40, Paragraph 6, of the New York State Navigation Law.
(4)Â
Signal devices as required by Article 4, Part 1, § 40, Paragraphs 2, 7 and 9, of the New York State Navigation Law.
(5)Â
Ventilation as required by Article 4, Part 1, § 40, Paragraph 8, of the New York State Navigation Law.
B.Â
No person shall operate a watercraft on the waters of the Town of Southampton, unless such watercraft meets the requirements of Article 4, Part 3, § 71C, of the New York State Navigation Law in regard to capacity plates.
C.Â
Mufflers. No person shall operate a boat propelled
wholly or partly by an engine operated by gas, gasoline, naphtha,
diesel, oil or other substance without having the exhaust from the
engine run through a muffler or so controlled by the introduction
of water into the exhaust pipe or line so as to muffle the noise of
exhaust in a reasonable manner.
A.Â
No person, firm, corporation, club or association
shall hold, sponsor, sanction or participate in sailboat races or
regattas where the course for the same would enter or cross any marked
channel within the Town of Southampton.
B.Â
Nothing herein contained shall prohibit the Town Board
from issuing special permits for aquatic events, boat races or otherwise
under proper supervision in limited areas for limited periods of time.
All such events require the aforementioned permit.
No person shall launch or retrieve any inboard
boat less than 16 feet in length from the terminus of any Town road
or Trustee road unless there is an existing launching ramp at the
terminus of said road.
[Amended 12-10-1996 by L.L. No.
48-1996]
[Added 5-24-1994 by L.L. No. 22-1994]
A.Â
All commercial personal watercraft, specialty prop-craft
or commercial sailboard operators shall provide a patrol boat (other
than a single person personal watercraft or specialty prop-craft)
which must be operational and manned at all times for the purpose
of observing and controlling their clientele.
B.Â
All commercial personal watercraft, specialty prop-craft
or commercial sailboard operators shall require their clientele to
wear United States Coast Guard approved personal flotation devices
of Type, I, II, III or V.
C.Â
No commercial personal watercraft, specialty prop-craft
or commercial sailboard operators shall knowingly authorize or permit
its clientele to operate a personal watercraft, specialty prop-craft
or sailboard on the waters of the Town of Southampton, unless:
(1)Â
The operator is 18 years of age or older;
(2)Â
The operator is 16 years of age or older and accompanied
thereon by a person 18 years of age or older; or
(3)Â
The operator is 16 years of age or older and is the
holder of a boating safety certificate issued to him by the New York
State Commissioner of Parks, Recreation and Historic Preservation,
the United States Power Squadrons or the United States Coast Guard
Auxiliary.
D.Â
All commercial personal watercraft, specialty prop-craft
or commercial sailboard operators shall provide their clientele with
written notice of all rules, regulations and laws governing the operation
of such vessels in the waters of the Town of Southampton prior to
the operation thereof. The clientele shall provide the commercial
operator with written acknowledgment of receipt of said rules, regulations
and laws and written acknowledgment of receipt of instruction in the
proper operation of the personal watercraft, specialty prop-craft
or sailboard. Such acknowledgments shall be maintained by the commercial
operator for at least 30 calendar days from the date of rental and
be available for inspection by the Bay Constable during the hours
of operation.
E.Â
A commercial personal watercraft, specialty prop-craft
or commercial sailboard operator shall not allow its clientele to
operate a personal watercraft, specialty prop-craft or sailboard at
any time during the period from 1/2 hour after sunset to 1/2 hour
before sunrise or during periods of limited visibility.
