HomeMy WebLinkAboutLL-1990 #17LOCAL LAW NO. 17 . 1990
A Local Law in Relation to Boats. Docks and Wharves
BE IT ENACTED by the Town Board of the Town Of Southold as
follows:
Chapter 32 (Boats. Docks and Wharves) of the Code of
the Town of Southold is hereby amended as follows:
Section 32-31 (Definitions) is hereby amended by adding
thereto the following:
BOWRIDING - The practice of riding on the bow of a
vessel when such vessel is not equipped by the
manufacturer with facilities for riding on the bow while
said vessel is underway.
CHANNEL SYSTEM - 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 Local Law. boat
basins and bathing areas are included in the "channel
system".
Section 32-32 (Sanitary regulations) is hereby amended
by adding thereto a new subsection 32-32.1 to read as
follows:
32-32.1 Ramps.
At
All boat engines must be shut off when loading
or unloading at any Town Boat Ramp.
B. No person shall park or leave any unattended
vehicle on any ramp.
o
Section 32-3~, (Operation of boats near beaches and
bathers) is hereby amended to read as follows:
'No boat propelled other than by hand shall cruise or be
operated within one hundred (100) feet of any lifelines
or bathing float, or if there be no lifelines or bathing
float, then within one hundred (100) 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 (5) miles per hour within fifty (50) feet
of any person bathing or swimming, or anchored or
moored boat.
Section 32-35 (Water Skiers) is hereby amended by
changing subsection C to read as follows:
No person shall ride on waterskis, surfboard or
similar device, or use or operate a boat to tow a
person thereon, within one hundred fifty (150) feet
of any public or semipublic bathing beach or public
dock or within fifty (50) feet of any swimmer or
bather, or moving or anchored boat; nor shall any
such persons engage in such activities come within
three hundred (300) feet of the shoreline unless
they approach or depart perpendicularly to or from
the shoreline solely for the purpose of commencing
or endin9 the ride.
Section 32-35 (Water skiers) is hereby amended by adding
thereto a new subsection D and E to read as follows:
No person shall be towed on waterskls, surfboard.
inflatable parasail, or similar device, unless such
person is wearing a Coast Guard approved personal
flotation device of Type I, II, or III.
Eo
No person shall be towed on waterskis, surfboard.
inflatable, parasail or similar device or use or
operate a boat to tow a person thereon between the
period sunset to sunrise or during periods of
limited visibility.
Section 32-36 (Speed Limits; manner of operation) is
hereby amended by adding thereto the following new
subsections:
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 boat. or other property.
All commercial jetski or commercial windsurfing
operators shall provide a patrol boat (other than a
jetski or windsurfer) which must be operational and
manned at all times for the purpose of controlling
their clientele.
All commercial jetskl and wlndsurfer operators shall
require their clientele to wear U.S. Coast Guard
approved personal flotation devices of type I, II,
or III.
Small sailboats commonly known as windsurfers, are
prohibited in the following areas.
Within five hundred (500) feet of Mattituck
Inlet.
2. Within one hundred (100) feet of swimlines.
Section 32-36.1 (Equipment) is hereby amended by adding
thereto a new subsection C to read as follows:
In addition to the penalties provided for in this
Chapter the Bay Constable has the authority to take
the following actions for violations of this
Section:
Direct the operator to proceed to a dock or
anchorage.
Suspend further use of the boat until the
condition is corrected.
I. This Local Law shall take effect upon its filing with the
Secretary of State.
Date 9/1 I0
Local Law(s) No.__ 17
Year ~
Municipality-- TbS% out h o 1 d
Please be advised that the above-referenced m' ' was received and filed
this office on 8/31/90 atertal by
Additional forms for filing local laws with this of lice will be forwarded upon
request.
OOS 236(4/87}
RECEIVED
SEP 1 7 1990
N YS Dcpartmem of State
Bureau of State Records
{Please Use this Form ior Filing your Local Law with the Secretary o{ State}
Text of law should be given as amended. Do not include matter being
eliminated and do not use italics or underlining to indicate new matter.
~O~)W~ $outhold
Local Law No ...... 17 O! the year 199.0. ........
Alocallaw In Relation to Boats, Docks and Wharves : ................................
(Insert title)
........ o! the
Be it enacted by the .... .T.o.w..n..B.p.a.r.d. ................
{Name of Legislative Body)
]Cil~t~X Southold ............... as follows:
~"R~ of .........................................................
Town ....
i.
Chapter 32 (Boats, Docks and Wharves) of the Cod~ of the Town of Southold
is hereby amended as follows:
1. Section 32-31 (Definitions) is hereby amended by adding thereto
the following:
BOWRIDING - The practice of riding on the bow of a vessel when
such vessel is not equipped by the manufacturer with facilities
for riding on the bow while said vessel is underway.
CHANNEL SYSTEM - 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 manCmade or stabilized waterways designed for the navigation
of watercraft. For the purpose of this Local Law, boat basins and
bathing areas are included in the "channel system"'.
2. .Section 32-32 (Sanitary regulations) is here.by amended by adding thereto
a new subsection 32-32.1 to read as follows:
Se
32-32.1 Ramps.
A.Ali boat engines must be shut off when loading or
unloading at any Town Boat Ramp.
B. No person shall park or leave any unattended
vehicle on any ramp.
Section 32-34 (Operation of boats near beaches and bathers) is hereby
amended to read as follows:
No boat propelled other than by hand shall cruise or be operated within
one hundred (100) feet of any lifelines or bathing float, or if
there' be no lifelines or bathing float, then within one hundred (1.00)
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 (5] miles per hour within fifty (50) feet of any person bathing
or swimming, or anchored or moored boat.
(Continued)
(If additional space is needed, please attach sheets o! the same size as this and number each)
e
Se
II.
Section 32-3,5 (Water Skiers) is hereby amended by changing
subsection C to read as follows:
No person shall ride on waterskis, surfboard or
similar device, or use or operate a boat to tow a
person thereon, within one hundred fifty (150) feet
of any public or semipublic bathing beach or public
dock or within fifty (50) feet of any swimmer or
bather, or moving or achored boat; nor shall any
such persons engag~lin such acti¥ities come within
three hundred (300) feet of the shoreline unless
they approach or depart perpendicularly to or from
the shoreline solely for the purpose of commencing or
ending the ride.
Section 32-35 (Water Skiers) is hereby amended by adding
thereto a new subsection D and E to read as follows:
No person shall be towed on waterskisr surfboard,
inflatable parasail, or similar device, unless such
person is wearing a Coast Guard approved personal
flotation device of Type I,' I! or III.
Ee
No person shall be towed on waterskis, surfboardr
inflatable parasail or similar device or use or
operate a boat to tow a person thereon between the
period of sunset to sunrise or during periods of
limited ¥isibility.
Section 32-36 (Speed Limits; manner of operation) is hereby amended
by adding thereto the following new subsections:
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,boat, or other property.
All commercial jetski or commercial windsurfing
operators shall provide a patrol boat (other than
a jetski or windsurfer) which must be operational and
manned at ali times for the purpose of controlling
their clientele.
All commercial jetski and windsurfer operators shall
require their clientele to wear U.S. Coast Guard
approved personal flotation devices of type !, II,
or !11.
Small sailboats commonly known as windsurfersr are
prohibited in the following areas.
1. Within five hundred (500) feet of Mattituck
Inlet.
2. Within one hundred (100) feet of swimlines.
Section 32-36.1 (Equipment) is hereby amended by adding thereto
a new subsection C to read as follows:
Ce
In addition to the penalties provided for in this
Chapter the Bay Constable has the authority to take
the following actions for violations of this Section:
Direct the operator to proceed to a dock or
anchorage.
2. Suspend further use of the boat until the
condition is corrected.
This Local Law shall--take effect upon its filing with the Secretary of
State.
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the matter
therein which is not applicabl.e..)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. ] 7 ...... of 199{~ .....
. (~O~X .'l:ow.n.B.oar. d .......................
of tlxe Town of..S. 9.u.t.h.°.l.d. ..... was duly passed by the ..... (Name o[ Legislative Body)
on ..... .A..qg.u..s.t...2..8. ........ 19 ..9.0.....' in accordance with the applicable provisions of law.
(Passage by local legislative body with approval or no disapproval by Elective Chie! Executive Ofncer,*
or repassage after disapproval.}
I hereby certify that the local law annexed hereto, designated as local law No .......... of 19 ........
County
.. City ...................................
o! trie Town of ................ was duly passed by the ...... (Nameof LegialativcBody}
Village
not disapproved
on ..... ~ ....................... 19 ........and was approved by the ............................
repassed after disapproval Elective Chief Executive Officer*
and was deemed du~y adopted on .................................. 19 .........in accordance with the applicable
provisions of law.
(Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
City
of the Town of ................
Village ·
was duly passed by the .........................................
(Name.of Le$islative Body}
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief F_xecutive Officer*
on 19 .......... Such local law was submitted to the people by reason of a
mand. at.ory referendum, and received the affirmative vote of a majority of the qualified electors voting
permissive
general
thereon at the special election held on .............................19 ......... in accordance with the applicable
annual
provisions of law.
(Subject to permissive referendum, and final adoption because no valid petition filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
County
.. City
ofmeTown of ................
Village
on ............................. 19 ........
was duly passed by the .........................................
(Name of Legistati~ Bod~)
not disapproved
and was approved
repassed after disapproval
by the ............................
Elective Chief Executive 0 f fleer*
on .................................. 19 .......... Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted
on ............................. 19 ......... in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive oificer of a county elected on a county-wide basis or, if
there be none, the chairman o! the county legislative body, the mayor o! a city or village or the supervisor o! a town where such
oificer is vested with power to approve or veto local laws or ordinances.
(City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No ......... of 19 ........
of the City of ................................. having been submitted to referendum pursuant to the
provisions of 37 of the Municipal Home Rule Law, and having received the affirmative vote of a
special,
majority of the qualified electors of such city voting thereon at the generat election held on ............
............ 19 ......... became operative.
o
Date:
(County local law concerning adoption o! Charler. I
I hereby certify that the local law annexed hereto, designated as local law No..1.7. ..... of 19.9.0 .....
of the County of .. 5~ttlfgtll<. ............ State of New York, having been submitted to the Electors at the
General Election of November .... 7., ....... 191~9..., pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors
of the cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
{If any other authorized form of final adoption has been followed, please provide.an appropriate certifica-
tion.)
I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and1 of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ............. above.
August 29. 1990
~eerk ~f the County legislative body, City, '~n or Village Clerk or
officer'"designated by local legislative body
Judith T. Terry, Town Clerk
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF ......S..U..EE.O..L..K. ..............
I, the undersigned, hereby certify that the foregoing 1,gcal law contains the correct text and that all
proper proceedings have been had or taken for the enact~nen~/~x.~al law a~d here~
.' .. .
- "./' · ' ..... ........ .......
' Mat~thew G. Kiernan, Assistant Town Attorney
Title
Date:
August 29, 1990
of
Town
Southold
PUBLIC HEARING
SOUTHOLD TOWN BOARD
August 14, 1990
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO BOATS, DOCKS
AND WHARVES".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilwoman Ruth D. Oliva
Councilwoman Ellen M. Latson
Councilman Thomas H. Wickham
Town Clerk Judith T. Terry
Town Attorney Harvey A. Arnoff
Councilman George L. Penny IV
SUPERVISOR HARRIS: At this time, we have a public hearing on a proposed
"Local Law in Relation to Boats, Docks and Wharves", to be read by Councilman
Wickham.
COUNCILMAN WICKHAM: "Notice of Public Hearing on Local Law. Public Notice
is hereby given that there has been presented to the Town Board of the Town
of Southold, Suffolk County, New York, on the 31st day of July, 1990, a Local
Law entitled, "A Local Law in Relation to Boats, Docks and Wharves". 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, Main Road, Southold,
New York, on the 14th day of August, 1990, at 8:00 o'clock P.M., at which time
all interested persons will be heard. This proposed "local Law in Relation to Boats,
Docks and Wharves" reads as follows:
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
$outhold is hereby amended as follows:
1. Section 32-31 (Definitions) is hereby amended by adding
thereto the following:
BOWRIDING - The practice of riding on the bow of a
vessel when such vessel is not equipped by the
manufacturer with facilities for riding on the bow while
said vessel is underway.
CHANNEL SYSTEM - 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 Local Law, boat
basins and bathing areas are included in the "channel
system".
2. Section 32-32 (Sanitary regulations) is hereby amended
by adding thereto a new subsection 32-32.1 to read as
follows:
Pg 2 - PH- 8/14/90
32-32.1 Ramps.
A. All boat engines must be shut off when loading
or unloading at any Town Boat Ramp.
B. No person shall park or leave any unattended
vehicle on any ramp.
3. Section 32-34 (Operation of boats near beaches and
bathers) is hereby amended to read as follows:
No boat propelled other than by hand shall cruise or be
operated within one hundred (100) feet of any lifelines
or bathing float, or if there be no lifelines or bathing
float, then within one hundred (100) 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 (5) miles per hour within fifty (50) feet
of any person bathing or swimming, or anchored or
moored boat.
4. Section 32-35 (Water Skiers) is hereby amended by
changing subsection C to read as follows:
C. No person shall ride on waterskis, surfboard or
similar device, or use or operate a boat to tow a
person thereon, within one hundred fifty (150) feet
of any public or semipublic bathing beach or public
dock or within fifty (50) feet of any swimmer or
bather, or moving or anchored boat; nor shall any
such persons engage in such activities come within
three hundred (300) feet of the shoreline unless
they approach or depart perpendicularly to or from
the shoreline solely for the purpose of commencing
or ending the ride.
5. Section 32-35 (Water Skiers) is hereby amended by adding
theretoa new subsection D and E to read as follows:
D. No person shall be towed on waterskis, surfboard,
inflatable parasail, or similar device, unless such
person is wearing a Coast Guard approved personal
flotation device of Type I, II, or III.
E. No person shall be towed on waterskis, surfboard,
inflatable, parasail or similar device or use or
operate a boat to tow a person thereon between the
period sunset to sunrise or during periods of
limited visibility.
6. Section 32-36 (Speed Limits; manner of operation) is
hereby amended by adding thereto the following new
subsection:
D. 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, boat, or other property.
E. All commercial jetski or commercial windsurfing
operators shall provide a patrol boat (other than a
jetski or windsurfer) which must be operational and
manned at all times for the purpose of controlling
their cleintele.
F. All commercial jetski and windsurfer operators shall
require their clientele to wear U.S. Coast Guard
approved personal flotation devices of type l, II,
or II1.
Pg 3 - PH- 8/14/90
G. Small sailboats commonly known as windsurfers, are
prohibited in the following areas.
1. Within five hundred (500) feet of Mattituck
Inlet.
2. Within one hundred (100) feet of swimlines.
7. Section 32-36.1 (Equipment) is hereby amended by adding
thereto a new subsection C to read as follows:
C. In addtion to the penalties provided for in this
Chapter the Bay Constable has the authority to take
the following actions for violations of this
Section:
1. Direct the operator to proceed to a dock or
anchorage.
2. Suspend further use of the boat until the
condition is corrected.
II. This Local Law shall take effect upon its filing with the Secretary of State.
Copies of this Local Law are availbable in the Office of the Town Clerk to any
interested persons during business hours. Dated: July 31, 1990. Judith T. Terry,
Southold Town Clerk." I have, in addition, an affidavit sworn, etc., that this
has posted in a most public place in the Town of Southold, here on the Town
Clerk's Bulletin Board. I have another affidavit from The Suffolk Times, the
weekly newspaper published in Mattituck, that the legal notice was published in
that newspaper commencing on the 9th day August, 1990, and I have one more
that this legal notice has appeared in The Long Island Traveler-Watchman, also,
on August 9, 1990.
SUPERVISOR HARRIS: Is there any member of the audience, that would like
to speak on behalf, either for or against, this public hearing? Yes, sir?
ARTHUR O'NEILL: My name is Arthur O'Neill, Goose Creek. If it's possible,
I'd like to have a clarification, one of the first ones there, with regard to
cruising within the area of lifeline one hundred feet.
COUNCILWOMAN OLIVA: No boat propelled other than by hand shall cruise or
be operated within 100 feet of any lifelines or bathing floats, or if there be no
lifelines or bathing float, then within one hudred 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 fifty feet of any person bathing
or swimming, or anchored or moored boat.
ARTHUR O'NEILL: That is the one I had reference to. I probably need an
explanation of what cruise means. I have in mind the Goose Neck Bridge. The
lifeline is one of buoys, that is governed, or that governs the channel. Unless
you go next to that buoy, you are not going to be able to transit that channel.
I would like that to be clarified, not exactly for me, because of my experience.
I would like that to be clarified ..f_~r boaters that transit that area.
COUNCILWOMAN ~A~SO~I:I think it's covered because it says, nor shall such
boat cruise or be operated in excess of five miles an hour, within fifty feet, but
it isn't really clear, because that occurred to me, because I gothrough that. You
can't go within the lifelines, and stay in the channel. You're only about fifteen
feet away from the lifelines of the channel, so we'd have to say with the exception
of the Goose Goose channel. The law would have say, with the exception of Goose
Creek Bay.
ARHTUR O'NEILL: Can an amendment be made?
Pg 4 - PH - 8/14/90
COUNCILWOMAN OLIVA: I think several of us have questions concerning this whole
law, that we wish to review. Thank you for bringing it to our attention.
SUPERVISOR HARRIS: Is there anyone else, who would like to speak, either
for against this?
JODY ADAMS: Pretty much, I had the same questions he had, with one or two
others. My name is Adams, first name if Jody. A boat propelled other than by
hand, what does that mean? Like this?
COUNCILWOMAN OLIVA: Rowboat.
JODY ADAMS: Why doesn't it say so? There is manual. There's paddle, and
there's oar. There's a lot of different things.
JUSTICE EDWARDS: There canoe or rowboat. There's two options right there.
JODY ADAMS: Well you might say that.
JUSTICE EDWARDS: Well, by hand, covers most of it.
JODY ADAMS: it's not clear. The other thing is, what is a semi-public beach?
TOWN ATTORNEY ARNOFF: I'm not certain who you're directing your questions
to.
JODY ADAMS: You. The Board. The people that are going to vote on it.
The people who wrote it.
TOWN ATTORNEY ARNOFF: First of all, a semi-public beach would be one for
example, which is a private beach, and opened up from time to time to the public.
The public would be invited. That would be one form of definition.
COUNCILWOMAN LATSON: Or, it could be anything below the high tide mark,
which is public domain, where a group of people tend to gather to swim, or it
could be road in.
JODY ADAMS: Okay, so a road in. Shall we do ten minutes on below the high
water mark, or shall we do that another time? That's certainly irrelevant to this
law, anyway. I would like to say, however, and I did not intend to say, and
it's not written, and God knows how it's going to come out, that to me, members
of the Town Board urging people to utilize as bathing beaches, quote, below the
high water mark, unquote, which is a very changable thing, is very close to
criminal intrusion, and I would like to see a lot more public discussion on this,
and perhaps amendments to the law. Thank you.
SUPERVISOR HARRIS: Thank you. Is there anyone else, who would like to speak
on the local law? Yes?
ELEANOR DERE~DER: I'm Eleanor DeReeder, and I'm from Wampum Way, Laughing
Waters. We are a private community, that uses Corey Creek. In order for our
boats to get out of the marina, we're going to go right near Laughing Waters beach.
There's no way we can avoid doing that. If you're making an exception for Mill
Creek, then you could make one for us, also.
SUPERVISOR HARRIS: Thank you for pointing that out. Is there anybody else,
that would like to speak. Yes?
Pg 5 - PH, 8/14/90
WILLIAM PELL: Billy Pell from Greenport. Clarification on bowriding, what do
you actually mean by bowriding, somebody riding on the bow of a boat?
JUSTICE EDWARDS: Yes.
WILLIAM PELL: In inclement weather, when a boat comes into port, recreational
or commercial, in dense fog, you always put a bow lookout out to pick up the
sound of the bell. You can't hear it in the pilothouse, but you can hear it better
from the bow, going into the pier, or in around the breakwater, or coming in
looking for the bell off of Mattituck Inlet. Would that be considered bowriding,
a bow lookout?
TOWN ATTORNEY ARNOFF: Mr. Pell, I'd welcome any suggestions, you may have
to modify that language. I think it's quite clear to anyone who reads it, what
the Board, and what we're attempting to do by this legislation. There have been
a lot of accidents, not only in this community, but in other communities, from
people irresponsively riding on the bow of boats. Now, certainly I would agree
with you, that in a emergency situations, the law sometimes is put aside. I think
it woul~l be foolhardy at best, to assume that anyone would issue a summons to
anyone, that would be enforceable,, or that we would procecute for bowriding, when
all somebody was trying to do was protect the safety of their boat in the fog.
So, I think what you've done is you've shown us something, that would be an
exception in statute, but would come under the emergency powers. I appreciate
your comment, but I don't think it really does anything to change the law as it's
presently written. I understand what you're driving at. You're correct, however,
I think you've given us the example of when there would be an exception. It
would come more by an emergency and necessity than anything else.
ARTHUR O'NEILL: My name is Arthur O'Neill from Southold. I would suggest
on this particular part of the resolution or law, that the Board investigate the
rules as applied by the United States Coast Guard as bowriding. As far as I'm
concerned with my training, and my education, bowriding is not standing on the
front. Bowriding is a strict no-no, when any part of the body extends over the
bow. That is bowriding, and that is subject to immediate stopping of the cruise
by the Coast Guard. I would suggest, that the Board look into that, and possibly
change their reading or ruling as far as that is concerned.
TOWN ATTORN~¥ARNOFF: Mr. O'Neill, if you have a copy of that, I'd appreciate
it, if you have one handy. I'm not questioning. I was just saying, you could
save me a lot of time. If you have one at home, I'd be glad to make a copy,
and give it back to you.
ARTHUR O'NEILL: But if there's any juniors here, or any seniors, that have
taken the Coast Guard course, the Power Squadron course, they are all aware
of what bowriding is. I do not have anything here at this particular time
JODY ADAMS: Jody Adams. Does the Board have any authority similar to what
they're trying to establish in this law over trucks on the road? In other words,
people riding in trucks, dogs riding in trucks, that are possibly being injured,
which is sort of the equivalent of bowrlding on the street? Do you have any
authority?
SUPERVISOR HARRIS: This is a local law, Mrs. Adams, in relation to boats,
docks and wharves.
Pg 6 - PH, 8/14/90
JODY ADAMS: I'm aware of that. I'm asking you.
SUPERVISOR HARRIS: That's all this public hearing is dealing with. We're not
dealing with any other sections of the Code right now.
JODY ADAMS: You can't answer that, or won't answer that? (Tape change.)
SUPERVISOR HARRIS: Perhaps that section of the Code is already addressed.
Perhaps this section of the Code didn't have it addressed, and that's why it's
being amended.
JODY ADAMS: But it's not being enforced. Recently I've seen a dog almost killed
on the expressway, because it was cross tied, and it almost choked to death in
the back of a truck. I would suggest, or ask, if it's in your authority, that
you get kids from not riding on top of trucks, and dogs in Southold Town, if
you can prohibit it. If you are saying, this covers people using private property
below the highwater mark, and if you have a second public hearing, please define
that, because it is an issue which is going to be addressed.
SUPERVISOR HARRIS: Thank you. Is there anybody else, who would like to
speak either for or against this local law change? (No response.) If not, this
public hearing is closed.
Judith T. Terry ~'
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
I~uBLIC HEARING
ON LOCAL LAW
PUBLIC NOTICE IS
HEREBY GIVEN that the~ has
been presented to the Town
Board of the Town of Southold,
Suffolk County, New York, on
the 31st day of July, 1990, a
Local Law entitled, "A Local
Law in Rehflon to Boats, Docks
and Wharves:'
NOTICE IS FURTHER
GIVEN that th.e Town Board of
the Town of Southo!d will hold
a publle h~u'hig on the aforesaid
Local Law at the Southold Town
Hall, Main Road, Southold,
New York, on the 14th day of
August, 1990, at &'00 o'cloek
P.M., at which time all interested
persons will be heard.
This proposed "Local Law in
Relation to Boats, Docks and
Wharves" reads as follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as followsi
I. Chapter 32 (Boats, Docks
and Wharves) of the Code of
the Town of Sonthold is hereby
amended as follows:
1. Section 32-31 (Definitions)
is hereby amended by adding
thereto the following:
BOWRIDINO-- The practice
of riding o~ the-bow Of a vessel
when such vessel is not equipped
by the manufacturer with
facilities for riding on 'the bow
while said vessel is underway.
cHANNEL S'r~i]/~ The
bed of a natural waterway with
well defined banks presenting
the evidence of the flow of tidal
waters and commonly or usual-
ly tmv~rs*d by Watercraft, and,
in addition, refers to man-made
or stabilized waterways design-
ed for the navigation of water-
croft. For tlie purpose of this
Local Law, boat basins and
bathing ama are included in the
"channel system:'
2. Seatio0 32-32 (Sanitary
regulations) is hereby amended
by adding thereto a new subsec-
tion 32-32.1 to read as follows:
32-32. 1 Ramps.
A. All boat engines must be
shut off when load/ng or
unloading at any Town Boat
Ramp.
B. No person shall park or
leave any unattended vehicle on
any ramp.
3. Section 32:34 (Operation of
boats near beaches and bathers)
is hereby amended to read as
follows:
No boat propelled other than
by hand shall cruise or be
operated w/thin one hundrod
O0~)) f(~t of any. lifelines
ba0fing float, or if there be
lifelines or bathing float, the~
with/n one hundred (100) feet of
any public or semipublic beach
r~.nlarly usad 'for ba~hing or
swimming, nor shall ~uch boat
cruise or be operated iR excess.
of Eve (5) miles per hour within
fifty (50) feet of any person
bathing or swimming, or an-
chored or moored boat.
4. Section 32-35 (Water
Skiers) is hereby amended by
changing subsection C to read as
follows:
C. No person shall ride on
waterskis, surfboard or similar
devic~ or use or operate a boat
to tow a person thereon, within
one hundred fifty (150) feet of
any puhlic or semipublic
bathing beach or public dock or
within fifty (50) feel of any
swimmer Or bather, or moving
· or anchored boat; nor shall any
such persons engage in such ac-
tivities come within three hun-
drad (300) feet of the shoreline
unless they approach or depart
peq~endicnlarly to or from the
shoreline solely for the purpose
of commencing or ending the
ride
5. Section 32-35 (Water
Skiers) is bereby amended by ad-
ding thereto a new subsection D
and E to read as follows:
D. No person shall be towed
on waterskis, ,surfboard, in-
flatable parasail, or similar
device, unless such person is
wearing a Coast Guard approv-
ed personal flotation device of
Type 1, II, or IIL
E. No person shall be towed
on waterskis, surfboard, ino
ratable, parnsall or similar
device or use or operate a boat
~ ~ow a person thereon ~tween
the period sunset to sunrise or
during periods of limited
visibility.
6. Sectoin 32-36 (Speed
Limits; manner of operation) is
hereby amended by adding
thereto the following new
subsections:
D. No boat shall be operated
in such a manner as to throw up
a wake which could be
dangerou~ to life or limb of a
perspn, ~oat, or ~O~her property.
E. Aff. commemial jetski or
commercial windsur fing
operators shall provide a patrol
boat (other than a jetski or
windsurfer) which must be
operational and;mamsed nt all
times for the purpose of con-
trolling ~beir clientele.
E All commercial jetski and
windsurfer operators shall m-
quire their clientele to wear U.S.
Coast Guard approved personal
flotation devices of type I, II, or
Itl.
G. Small sailboats common-
ly known as windsurfers, are
prohibited in the following
1. Within five hund~xl (500)
feet of Mattituck Inlet,
2. Within one hundred (100)
feet of swimlines.
7. Section 32-36.1 (Equip-
ment) is hereby amended by ad-
ding thereto a new subsection C
to read as follows:
C. In addition to the penaltiex
provided for in this Chapter the
Bay Constablehas the authori-
ty to take the following actions
for violations of this Section:
1. Direct the operator to pro-
oecd to a dock or anchorage.
2. Suspend further use of the
boat until the condition is
cbrrectea.
II. This Local Law shall take
effect upon its filing with the
Secretary of State.
Copies of this Local Law are
available in the Office of the
Town Clerk to any interested
persons during business hours.
DATED: July 31, 1990
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-8/9/90(2)
COUNTY OF SUFFOLK
ss;
F, IlIA'I'I! OF NEW YORK
Patricia Wood,' being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that Ihe notice of which the annexed is a printed copy,
h,l'. h~'i,n pul~lished itl %ald I.od~g Isla;~d Tr;tw'h'r-W;Hchm;~r~
(m('e each week fo~ / weeks
sHccessivciy, commencj~g on [he ......................
Sworn lo bar(irc ,'ne this ~/~ ~
..................... clay of
........... 19 .q'.
Nolary Public
BARBARA A. SCHNEIDER
NOTARY PIJBUC, State of New Yod~
No. 4806846
Qua!ified in Suffolk Ceur)ty
Commissiell Expires
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Sharon Rock of Mattituck, in
said County, being duly sworn, says that he/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattituck, in the Town of Southold, County o!
Suffolk and State of New York, and that the Notice of which
the annexed is a printed copy, has been regularly published in
said Newspaper once each week for
successively, commencing on the
August 1990
I
Principal Clerk
1 weeks.
9 day of
Sworn to before me this