HomeMy WebLinkAboutBoat Speed Limit 1995LOCAL LAW NO.
-1996
A Local Law in Relation to Speed Limits - Boats
BE IT ENACTED, by the Town Board of the Town of Southold as follows:
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 32-31 is hereby amended by adding the following:
BOATS - Every vessel, including but not limited to personal
watercraft and specialty propcraft, propelled in any manner.
2. Section 32-34 is hereby deleted in its entirety.
3. Section 32-35(C)(1) is hereby deleted in its entirety.
4. Section 32.36.3 is hereby amended by ad¢in,q the following:
I_ No boat propelled other than by hand shall cruise or be operated
within one hundred (100) feet of a bathing float or any lifelines
delineating a swimming area.
5. Section 32.36.3(F) is hereby deleted in its entirety.
6. Section 32.36 is hereby amended by addin,q the following new
Subdivision C and relettering subsequent subsections:
C. No boat, as defined in section 32-31, propelled other than by
hand, shall operate in excess of five (5~ miles per hour within five
hundred f500} feet of any shoreline, nor shall such boat be operated
in excess of five f5) miles per hour within fifty f50~ feet of any person
bathing or swi, mminQ or anchored or moored boat.
7. Section 32.38 is hereby amended by adding the following:
Nothing herein contained shall prohibit the Town Board of the Town
of Southold from issuing special permits with reasonable conditions
for aquatic events, boat races or other such events under proper
supervision in limited areas for limited periods.
Il. This Local Law shall take effect upon filing with the Secretary of State.
* Additions underlined
PUBLIC HEARING
SOUTHOLD TOWN BOARD
SEPTEMBER 3, 1996
5:02 P.M.
ON A PROPOSED "LOCAL LAW IN RELATION TO SPEED LIMITS - BOATS"
Present:
Supervisor Jean W. Cachran
Councilwoman Alice J. Hussie
Councilman Joseph L. Townsend, Jr.
Councilwoman Ruth D. Olive
Justice Louisa P. Evans
Councilman William D. Moore
Town Clerk Judith T- Terry
Town Attorney Laury L- Dowd
SUPERVISOR COCHRAN: Councilwoman Hussie will read the "Local Law in
Relation to Speed Limits - Boats".
COUNCILWOMAN HUSSIE: "Public Notice is hereby given that there has
been presented to the Town Board of the Town of Southold, Suffolk County,
New Yorkf on ~he 20th day of August, 1996, a Local Law entitled, "A
Local Law in Relation to Speed Limits Boats". Notice is further given
that the Town Board of the Town of Southold will hold a public hearing on
the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold, New York, on the 3rd day of September, 1996, at 5:02
P.M.,at which time all interested persons will be heard. This proposed
"Local Law in Relation to Speed Limits - Boats" reads as follows:
BE iT ENACTED, by the Town Board of the Town of Southoid as follows:
I. Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
1. Section 32-31 is hereby amended by addin¢l the follcw~,ng:
BOATS - Every vessel, includina but not limited to oersonal
watercraft and soeciaitv eroocraft, propelled in any manner.
2. Section 32-34 is hereby deleted in its entirety.
3 Secticn 32-35(C)(I) is hereby deleted in its entirety.
4. Section 32_36.3 is hereby emended by addinq the fcllowing:
pg 2 - PH
I_ No boat oropeiled other than by hand shall cruise or be operated
within one hundred fl00/feet of a bathina float or any lifelines
delineatinq a swimmino area.
5. Section 32_36.3(F) is hereby deleted in its entirety_
6. Section 32.36 is hereby amended by addino the following new
Subdivision C and relettering subsequent subsections:
C. No boat. as defined in section 32-31. oropeJled other than by
hand, shall ooerate in excess of five (5) miles per hour within five
hundred fSO0) feet of any shoreline, nor shall such boat be operated
in excess of five (5'~ miles Der hour ~thin fiftv (50~ feet of any oerson
bathinq or swimmino or anchored or moored boat_
7. Section 32.38 is hereby amended by addinq the following:
Nothing herein contaiP¢ed shall prohibit the Town 8oard of the Town
of Southold from issuing special permits with reasonable conditions
for aquatic events, boat races or o'~her such events under proper
supervision in limited areas for iimited pedods_
This Local Law shall take effect upon filing with the Secretary of
State.
* Additions underlined. Copies of this Local Law are available in the
Office of the Town Clerk to any interested persons during business hours.
Dated: August 20, 1996- Judith T. Terry, Southold Town Clerk." We have
quite a bit of correspondence. A letter signed by Chris Burke from East
Northport, and also Goose Creek Lane. Supervisor, Town of Southold.
road in the Suffolk Times of your plans to regulate boats near swim areas. I
.believe fifty foot was proposed. I have a home on Goose Creek in Southold,
and can say that the swim area at Goose Creek Beach is next to the
channel, in fact, this rule would make the creek inaccessible. Either the
c_hannel has be moved, the swim area has to be moved, or an exception
granted. Thank you, Chris Burke. The next is a note from the Fishers
I~land Harbor Committee to Judy Terry. Re: Proposed Changes .-_-to the Town
C~ode on Jet Skis. Approval of the addition to Section 32-31. N~rnber 2, the
deletion of 32-3Lt is 9ood with proposed addition of vessel operation and
distance from bathers and swimming areas. Section 32-35 looks good,
however, it might be useful to the keep the provision for waterskiers,
quote, to approach or depart perpendicularly to or from the shoreline solely
for the purpose of commencing or ending the ride, regardless of area speecl
limits as long as a 100 foot distance from bathers' and designated swimming
areas is maintained. A provision for shore starts for waterskiers is
strongly recommended. Addition 32-36 with language about vessel operation
and distance from shore and bathers is good. However, this contradicts
language in 32-35, which permits waterskiing in Hay Harbor at Fishers
{sland within 100 feet from any dock ar shoreline. I suggest adding an
exception at the end of proposed language. Thanks for your consideration
of those comments. Leslie Goss, Fishers Island Harbor Committee. This is
to the Town Board from James Lynch of Wampum Way in Seuthoid. Dear
pg 3 - PH
I~oard members, I was appalled to read in the 8/22/96 issue of the
Traveler-Watchman that an amendment is proposed which would quote,
prohibit all boats, save those powered by hand, from coming with 10'0 feet of
a roped-off swimming area, close quote. While I am certainly in favor of
swimmer safety, I strongly feel that this is not the proper way to attain
it. To pass such a law would make it impossible for boaters who moor their
boats in existing marinas near existing roped-off swimming areas to pass by
and have access to the bay. I own a home on Corey Creek in Southold.
My boat is moored in an existing marina owned and maintained by the
community that I live in. One of the primary reasons that I own this home in
Southold, aside from the fact that I love the beautiful area, is that I was
assured that that I could moor my boat conveniently to my home and gain
access to the bay. Your proposed amendment denies rm/ right to boating in
the bay, an idea that is devastating tO me bnd my family. Perhaps stricter
supervision of the 5 MPH speed .limit would satisfy the needs of both
swimmers and boaters. I am vehemently opposed to this proposed amendment
which is scheduled to be di~scussed 'at the 9/3/96 hearing· Surely, some
treat ~,ity and brainstorming bY our ToWn officials can secure a solution 'to
swimmer safety that is better than this proposal. Sincere y yours, James
Lynch." From Jean .Dean, 180 teepee Trail, Southold, New York. As a
resident and' boat owner living in Nunnakon~ War&rs, i am concerned abou~
the amendment prohibiting boats f~om co~ing within 10~0 feet of a roped off
swimming area. Our boat is kept at the 'N.bnhakona W. ater~s Marina and the
only access to the bay comes from passing ~b~ the La~ughi'ng Waters beach,
which is roped beach. The channel hbre its less th~n .one hundred feet
wide- I am .therefore currently opposed' to ~the amer~dment the way it i~
written. SinCerely, Jean Dean. The nex( letter is w~-itten to Al Krupski,
Trustees, a:n~ to us, saymng, unfortunat,e'[y due to prior business
engagement I will be unable to attend the mee~tlng on reguJations governing
pe~'sonal wate:rcraft. I would llke to go on record as saying, I believe
Sobthold -~o~n needs to adOpt regulatlon~ slmil~ar to ..those of Shelter Island,
their recent regulations, for reasons of safety and ~qu~ality. of life. I have
witnessed too many acts of discourtesy, unlsafe handling and have had
peaceful day~ disrupted by constant droning r~olse On botl~, land and water.
Therefore, as a safety measure and to protect the quality of our life, I
support regulations restrmctmng the use of pe~rsona,i Wa~ te~:raft vehicles to
outside Town waters. Thanks for your ongomng care of our waters.
Christine H~int, Strohson I~oad, Cutchogue. Another letter from Marcia
and Jerome Brown. Dear Mrs. Terry, I ~°uld like to r~qudst an addition to
the ruling on keeping water skiers, jet~ skis, sail boards, and other fast
mo~'ing wateKcraft 500 feet offshore. 16/e suggest tl~t it be amended to
include their prohibition in proximity to any boat a~chore, d anywhere in
Southold Waters, an example of such an area wou;Id b&, R~;bmns IsJand Cove
off New Suffolk. It is disturbing to peoiple enjoyilng the tranquility of the
waters. In addition the activity of fasb maneuvering[ jeL. skiers, and so
forth could pose a danger to onboard ~.'assenger$~' t~at [~s those who are
cooking or brewing coffee, which IS interrupted by a la[ge'~vake could cause
burns or fire. They are also a threat, to people s~imming around their
anchored boats. As a reference see the :Boating Rule.'s of the Road,
Chapman's BOok, which teaches that every boater mu,s~t be responsible, for
his or her own wake, and is subject to legal penaltieg for violations.
Respectively submitted, Marcia and Je~0me Brown. There is also an
affidavit as the publication in The Travelei--Watohmar~. TheFe are no further
correspondence '
pg ~ - PH
SUPERVISOR COCHRAN: We have heard the reading of the "Local Law in
Relation to Speed Limits Boats". Is there anyone that would like to
address the Board on this Local Law? We'll start with the gentleman in the
turquoise shirt first. Please state your name.
EDWARD DEREEDER: My name is Edward DeReeder. I'm the Chairman of
Laughing Waters Marina. Parts of the law become a little bit onerous to
boat owners. There are things that can be dealt with, but, the section that
says, no boat propelled other than by hand shall cruise or be operated
within one hundred feet of a roped-in swimming area. We simply can't get
out without going by that area. We don't have one hundred feet, and you
wouldn't want to paddle my boat, believe me.
COUNCILMAN MOORE: Can I just interrupt you for a second? You might
be intrigued to know that the Local Law we are talking about doesn't even
address that. We simply moved it, as it presently exists from one section of
the Code to another. It's been there for over six years, and it has been
interesting to see a variety ot~ comments kicking in here, which relate to
that, so our whole intention is, we are dealing with jet skis and the speed
and noise. But the one hundred foot rule, as far as .being near bathing
areas has been on the books for over six years. We have to go back to
look at it, but we didn't do that. We just moved it from one place to
another. We are happy to go back to the Code Committee and take a look at
places, where..
EDWARD DEREEDER: There are other areas.
COUNCILMAN MOORE: I think by moving it we brought it to people's
attention by publishing it in the paper.
SUPERVISOR COCHRAN: We moved it trying to get everything in one
place, and everyone said, what is this? It's been there, like Bill said,
for over six years. We are willing to look at it again.
EDWARD DEREEDER: The proposed law says what it says.
SUPERVISOR COCHRAN: Would anyone else like to address the Board?
Yes, sir?
RONALD CHERKOW: My name is Ronald Cherkow. I am, also, in the
same community that Mr. DeReeder is in. I have the same concern. I
didn't realize it was a law already, but as you know there are twenty-four
families in that community that would be effected if this law were in anyway
enforced. We simply could not get out of our marina.
SUPERVISOR COCHRAN: It doesn't hurt to go back, and look at things, so
we'll send it back to the Code Committee for a look at. Anyone else like to
address the Board?
ARTHUR GROSS: My name is Arthur Gross, and I live in Goose Creek, and
as was mentioned tonight, I just don't know how we could ever get out of
Goose Creek, because we have to come under the bridge, and we have to
pass through a swimming area.
pg 5 - PH
SUPERVISOR COCHRAN: Okay. Sir?
RAY MATHIE: Ray Mathie. I live in the same neighborhood, would
like to give you a little background. Fifteen year, I worked for the Nassau
Police Department Marine Bureau. I don't know how you are going to enforce
500 foot distance from the shoreline. Five miles per hour is designated for
congested areas. Twelve miles an hour is the channel. Now, if a water skier
has to drop somebody off in 500 feet of water, canft go along the shoreline,
you drop a person off, or a sailfish come ashore, and they generally stay in
the flats, which is not navigable waters. If you have to drop a person,
even though they have a floatation device, a water skier, 500 f. eet, then
turn around and pick them up, even though you have an observer, a head
is a very small thing in the water. If other boats are going top speed, they
will run them right over. I've picked up a lot of people in pieces. I think
realistically I would say 200 feet to 1.00 feet would be more realistic.
Now, at 500 feet how are you going to post an area to five miles an hour?
You are going to have to have billboards on the shoreline.
COUNCILMAN MOORE: The idea was that you would have it on all
shorelines.
RAY MATHIE: You were just going say, this is the ordinance, and
everybody else from not just this community, but Connecticut, New Jersey,
coming through is going to have to understand that this is 500 feet, and
they are going to get a summons for it. I think it is unenforceable
personally, and I~ve written a lot of summons on the water. I mean, plenty.
I was on Highway Patrol, too, and I did my job, and I just can't see myself
going out there as a member of Southold Police enforcing it- It's hard
enough to enforce the traffic on Route ~8 right now, the speed going to the
ferry boat without putting police officers out in the water to try, and
enforce this. Let's. get that road straightened 'out. I saw one police
officer up there today with radar. I'd like to see half of the department
up there. Get them up there. Do their job.
SUPERVISOR COCHRAN: That's another topic.
RAY MATHIE: Thank you very much.
SUPERVISOR COCHRAN: Thank you for your input, sir. Is there anyone
else?
JOHN GRAY: My name is John Gray. I~m not from Corey Creek. I~m from
Cutchogue. I'm a former Commodore of Old Cove Yacht Club with Peconlc
Sailing, and I just see a lot of this being very discriminatory towards
sailboats. If the witch hunt is for jet skiers, it should be geared that
way, or intend to be geared that way. Even sunfish, though, go five miles
an hour. Sunfish launch, and come back to the beach. Big boats,
twenty-five feet, bigger boats, thirty-five feet, bigger boats, forty feet,
still go more than five miles an hour very regularly, seven, eight, nine.
The biggest don~t go past ten unless it's really howling, and then it's not
going to be a problem. Jet skis don't go past ten. Not just all sailboats.
We do fall into a speed problem with the windsurfers. They easily can do
twenty, thirty knots. I understand that, too. Not just racers, and cruisers,
we have our sunfish races. Mattltuck Yacht Club is right next to Mattituck
pg 6 - PH
public beach. Southold Yacht Club is right next to Southold public beach.
Old Cove does race right on the corner near the New Suffolk Beach. On
that same New Suffolk Beach thing, from New Suffolk Beach, public park
district beach to G3, the can on top of Robins Island, is probably 1,000
feet if you are lucky. Are you going to plant the buoy in the middle stating
a five mile zone? If you cut that channel in half it really is going to
make more congestion. If it does become enforceable, whether they have a
sailboard, or again if .they are racing especially cruising possibly when you
are bucking the tide you don't stay out in the middle of the channel. You
go in closer to the beach. Con and tackle, if you are going six miles an
hour, and the tide is going two miles out, you know you still have four,
five, six feet of water over there, that is closer than five hundred feet,
but you're going along there at seven knots, or six, or five, or minus
directions if you are out in the current because you have to stay five
hundred feet from the beach. It's just like I said, if you want to slow
down the jet skis, and the water skis. Like I said, you are out in the
water. You are floundering. The kids are there. You have one skier off the
beach in three feet of water. I see straying away from the swim areas is
a problem to a point, one hundred feet from =the swim area. How do yOu
have it 500 feet from the beach, and' you .are worrying about 100, feet from
the swim area?. If you Can't get near' the beach that!s a mote point. SO,
anyhow, I think I said what I had to say.
SUPERVISOR COCHRAN: Would anyone else llke to address the Board? Mr.
Rich?
JIM RICH: My name is Jim Rich. I live on Jockey Greek in Southold. I
have been here since 1950. I think the five mile speed limit is a wonderful
idea. The creeks are now posted at five, but I find that it rarely is
enforced, particularly the commercial fisherman. When the creek is open for
clamming, it's as fast as you can get Jn through Jockey Creek Bridge, and
as fast as you can get your limit and get out, and the speed limit doesn't
mean a darn thing. They roar in and out. Now, these people that are
worried about getting out of Goose Creek, I understand that, and that
should be taken into account. The same thing holds for Town Creek,
because if you measure one hundred feet from the end of Doctor Stoke's
bulkhead, which is at the Founder's Landing Beach, you come into the
middle of the channel in the Town Creek, so if two boats were passing in
the channel going into Town Creek one of them, in order to stay in the
channel, would be in violation of the one hundred feet law of the swimming
area. I am sure of that. The other thing with the five hundred feet that
concerns me is quite often we sail past the side of Conklin's Point, or
Jennings Point, I don't know. Which is the one is in Southold, is it
Conklin~s or JennJng? The one where the gazebo is on the rocks. Lots
of times when we sail through there in order to get through there, because
they say we have to get within five hundred feet of the Southold shoreline,
but we can't get through there, because of the tide, because there are back
eddies there and everything. Just to reiterate everything that has been
said, I think that this law is probably..the intent is good, and everything,
but ~t needs a little reworking, and I would urge the Town Board not to
pass it at this time until they take some of these things into consider.
SUPERVISOR COCHRAN: No, we won't. It will go back to the Code
Committee.
pg 7 - PH
JOHN GRAY: They were talking about New Suffolk, and I just did this past
Sunday go around Shelter Island Race, and I have a twenty-five foot boat.
This is tide, and not the wind that hurricane Edwourd was supposed to
promise, we spent two-thirds of that island short tacking within two
hundred feet of either the Greenport Beaches, or the Shelter Island
beaches. Tons of water, a couple of rocks here and there, but it was worth
it to stay out of that tide, which was just snorting after a full moon and
stuff, but, you know, the town encompasses a lot of waters, don't just
think of a couple of popular beaches. The five as opposed to a ten mile an
hour really does discriminate on any of the sailing craft. That's my point.
SUPERVISOR COCHRAN: Anyone else like to speak? Young' Mr. Rich?
JIM RICH, JR.: Mrs. Cochran and Town Board, I just have one comment to
make. I think everybody has said mostly what is going on, but I spend
probably as much time on the water as anybody here, and if there is a
legitimate problem in $outhold Town in my opinion it's between Creenport
Breakwater and Gonklin~s Point created by Claudlo's Restaurant. It's
dangerous- It's dangerous. It's dangerous. If you want to try and correct
a wrong, there it is.
SUPERVISOR COCHRAN: Thank you. Is there anyone else, who would like
to address the Board?
CREG ZANESKI: My name if Creg Zaneski. I am from Southold, and I
own both a boat and a jet ski, and I just recently got the boat. I had the
jet ski for a number of years. When I registered my jet ski I got a copy of
this New York Boaters Culde. When I registered my boat, they didn't give
me a copy of it. I actually had to go back and get a copy of it. It's says
in here on page 190, this has to do with jet skis, for personal watercraft,
as it really should be referred, no operation within five hundred feet of a
designated bathing area is permitted, except when launching at a designated
site, in which case speed is limited to ten miles an hour. So, there is
already a law covering the watercraft in there on that subject, and then as
far as speed regular, ions this has to do with the fifty feet from an anchored
boat, which I'm sucre that anybody that has anchored~ their boat out has
been extremely annoyed by people speeding by them, a~d waving trying to
be friendly, and they are throwing the waves, and a~ that letter stated.,
spilling drinks, things llke that- In New York StateI speed is limited to
five miles an hour' within one hundred feet of shore~ dock, pier, raft,
float, or anchbred boat. Thatfs all in here, too. The other thing is, I'm
very pleased to see that you are not singling out thC, jet skis, They are
increasing in number, but a lot of the problem is other "boats as opposed to
jet skis. If you count the number of times you go down to Jockey Creek,
and watch people hit their throttles coming out there percentage wise. A lot
of jet skis went out. A lot of boats went out, and I would say seventy-five
percent of them were doing more than five miles an h~ur before they got
passed the speed limit sign. I don~t know who instaliled this speed limit
si~jn earlier this spring, but I did observe it being s~tuck into the water
out by the, I guess, moorings, whoever installed those was speeding in the
cl"eek.
SUPERVISOR COCHRAN: I'll check and find out. May we have that? Yes,
we would appreciate it. We will give it to Mr. Moore, the Chairman of the
pg 8 - PH
Code Committee. Is there anyone else that would like to speak to the
Board? Yes, sir?
JOHN DEREEDER: My name is John DeReeder. I am a resident of
Mattituck. Following Mr. Zaneski~s remarks, New York State Navigation
Law is actually fairly comprehensive, and also well thought out regarding
speed limits around persons, the shoreline, and other objects. It also does
provide accommodation for boats, which must or should be launched from the
beach, and picking up and dropping off water skiers, which our Town
Ordinance does not. I~m all in favor of simple laws, but not if they are so
simple that we can almost do anything. I appreciate the Town hearing us on
this, and that they will take this back, and start again. Thank you.
SUPERVISOR COCHRAN: We certainly will- Thank you. Is there anyone
else that would like to address the Board? (No response.) If not, I would
like to thank you for your input, and I will deem the hearing closed.
Judith T. Terry
Southold Town Clerk
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Dated: .h~ 20. 1
SOU~OL D
' · ' CLE~
COUNTY OF SUFFOLK
STATE OF NEW YORK ss:
Patricia C. koJlot, being duly sworn, says that
she is the Production Coordinator. of the TRAV-
ELER WATCHMAN, a public newspaper printed
at Southold in Suffolk County; and that the no-
tice of which the annexed is a printed cepv,
has been published in said Traveler Watchman
once each week for
/
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successively, commen c,ng on the ....,'~.....?..~.
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Sworn to before me this ....... ~.~ ......... dav of
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Notary Public
~ARE~RRR R. SCHNEIDER
NOTARY PUBLIC. Stab of New Yo~
Ne, 48~g~
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