HomeMy WebLinkAboutLL-1993 #04LOCAL LAW NO. 4 1993
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) of the Code of the Town of Southold is
hereby amended by adding thereto the following:
PERSONAL WATERCRAFT - Shall mean a vessel which uses an
inboard motor powering a water ~et pump as its primary source of
motive power and which is designed to be operated by a person
sittin~l, standing, or kneeling on, or being towed behind the vessel
rather than in the conventional manner of sitting or standing inside
the vessel.
SPECIALTY PROP-CRAFT - Shall mean a vessel which is powered
by an outboard motor or a propeller driven mo'tot and which is
desi~lned to be operated by a person sitting, standing or kneelinq
on or being towed behind the vessel rather than in the conventional
manner .of sitting or standing inside the vessel.
2. Section 32-36.2 (Operators) is hereby amended to read as follows:
A. No person under the age of s~tt~e~ ~6~) eighteen (18)
years shall operate a mechanically propelled vessel unless:
(1)
The operator, who is under the age. of si~"~ ~6~
eighteen (18) years is accompanied therein by a person
who is $i~t~,~ ~6) elghteen (18) years of age or
older; or
(2)
The operator is ten (10) years of age or older and is the
holder of a boating safety certificate issued to him by
the Commissioner of the Office of Parks and Recreation of
the State of New York, pursuant to Section 78 of the New
York State Navigation Law.
The failure of a person specified in Section 32-36.2A(2) hereof
to exhibit a boating safety certificate upon demand to any
peace officer or other officer having authority to enforce the
provisions of this chapter shall be presumptive evidence that
such person is not the holder of such certificate.
No person who is the owner of a motorboat shall knowingly
authorize or permit the operation thereof unless:
(1) The operator is $i-'~'~r~ (~6) eighteen (18) years of
age or older;
(2)
(3)
The operator, who is under the age of
eighteen (18) is accompanied therein by a person
s~-~t~-~rt ~6~ eighteen (18) years or older; or
The operator is ten (10) years of age or older and is
the holder of a boating safety certificate issued to him
by the Commissioner of the Office of Parks and Recreation
of the State of New York.
D~ No person shall operate a vessel while in an intoxicated
condition or while his ability to operate such a vessel is
impaired by the consumption of alcohol or by the use of a drug.
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 clientele.
All commercial jetski and windsurfer operators shall require
their clientele to wear United States Coast Guard approved
personal flotation devices of Type I, II or III.
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.
3. Section 32-36.3 is hereby added to read as follows:
32-36.3 - Regulations of personal watercraft and specialty prop-craft.
No person shall operate a personal Watercraft or a
specialty prop-craft unless each person riding on or towed
behind such vessel is wearing an off-shore life ~acket
(Type I. II, III or V) approved by the United State~,
Coast Guard.
No person shall operate a personal watercraft or .a
.specialty prop-craft unless such vessel is equipped and
fitted with a United States Coast Guard approved devic,.
for arresting carburetor backfire.
No person shall operate a personal watercraft or.,
specialty prop-craft unless such vessel is equipped
with at least two ventilators fitted with cowls or theh
f~qulvalent for the purpose of properly and efficiently
ventilating the bilges of every engine and fuel tank
compartment in order to remove any inflammable o,
explosive gases provided, however, if the vessel is
constructed as to have a greater portion of the bilge-.
under the engine and fuel tanks open and exposed to th,.
natural atmosphere at all times such vessel need not b,'.
required to be fitted with such ventilator-,.
Any person operating a personal watercraft or a specialty
prop-craft equipped by the manufacturer with a lanyard
type engine cut-off switch shall attach such lanyard to
his or her person, clothing, or personal flotation device
as is appropriate for the specific vessel.
No person shall operate a personal watercraft or a
specialty prop-craft at any time between the hours from
one-half hour after sunset to one-half hour before sunrise.
No person shall operate a personal watercraft or a
specialty prop-craft within five hundred (500) feet of any
designated bathinc~ area, except in bodies of water where
the opposing shoreline is less than five hundred (500)
feet from such designated area and in accordance with
speed regulations and restrictions as provided by local
law or ordinance but in no event at a speed in excess of
ten miles per hour, provided, however, that nothing
contained in this subdivision shall be construed to
prohibit the launching of such vessel from desicjnated
launchincj areas or sites.
Every personal watercraft and specialty prop-craft shall
at all times be operated in a reasonable and prudent
manner. Maneuvers which unreasonable or unnecessarily
endan9er life, limb, or property, includin9, but not
limited to, weavin9 through conc~ested vessel traffic,
jumping the wake of another vessel unreasonably or
unnecessarily close to such other vessel or when
visibility around such other vessel is obstructed, and
swerving at the last possible moment to avoid collision
shall constitute reckless operation of a vessel.
The provisions of this section shall not apply to any
performer en~laged in a professional exhibition or any
person preparing to participate or participating in a
regatta, race, marine parade, tournament, or exhibition
authorized under section 32-28 of this chapter.
Sections 32-38.1, 32-38.2 and 32-38.3 are hereby added to read as
follows:
32-38.1 Bathing and swimming.
No person shall swim or bathe in the mouth of Mattituck Inlet
between areas designated by buoys number 3 and 5.
32-38.2 Scuba Diving (Generai Provisions)
Scuba divin9 shall include any person who surface dives
to explore underwater, hunt, fish, or photograph, while
usin~ any self-contained underwater breathing apparatus,
but shall not include bone-fide salvage operations
displaying proper signals.
II
Co
Scuba diving is prohibited in the entire area of the
Mattltuck Inlet or in any waters where the same may
interfere with the reasonable and proper operations of
boats or within one hundred fifty (150) feet of any public
bathinc~ or swimming area except for duly licensed
commercial shellfish harvesters who shall comply with the
regulations of subdivision C below.
No person shall engage in scuba diving without displaying
the international diving flag or authorized skin diving
flag of suitable size adequately displayed by a float,
buoy or boat at all times and without a person of suitable
age and discretion other than the skin diver, in a
position as lookout. Such person shall not permit such
diving flag to remain in any area unless such person is
actually scuba diving in the area at the time.
32-38.3 Spearfishing.
No person shall discharcje any apparatus designed for use in
spearfishintj within two hundred (200) feet of any lifelines or
bathing floats, or if there are no lifelines or bathing floats then
within two hundred (200) feet of any public or semi-public beach
regularly used for bathing or swimming or within one hundred fifty
(150) feet of any person bathing or swimming.
This Local law shall take effect upon its filing with the Secretary of
State.
Overstrike represents deletion(s)
Underscore represents addition(s)
NYS DEPARTMENT OF STATE
BUREAU OF STATE RECORDS
162 Washington Avenue
ALbany, NY 12231-0001
DATE: 4/13/93
IMUN ITCol Iw~ L I ToYf Southold
LOCAL LAW(S)RO. J YEA[993
FILING DATE
4/12/93
Local Law Acknowledgment
JUDITH T TERRY
TOWN OF SOUTHOLD
TOWN HALL 53095 MAIN ROAD
PO BOX 1179
SOUTHOLD NY 11971
DOS-236 (Rev. 6/90)
_1
The above-referenced material was received
and filed by this office as indicated.
Additional local law filing forms will be
forwarded upon request.
Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
162 WASHINGTON AVENUE, ALBANY, NY 12231
(Use this form to file a local law with the Secretary of 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.
X~X Southold
Town
Local Law No ............... .4_ .................... of the year 19--9-3---
In Relatior3 to Boats, Docks and Wharves
A local law ..............................................................................................................
of the
Be it enacted by the ........................ -:-Y-:'-:'--~-"~:-~ .............................................
Oi~ Southold
of ......... : ................................................................................ as follows:
Town
Chapter 32 (Boats, Docks and Wharves) of the Code of the Town of
Southold is hereby amended as follows:
Section 32r31 IDefinitions) of the Code of the Town of Southotd is
hereby amended by adding thereto the following:
PERSONAL WATERCRAFT - Shall mean 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.
SPECIALTY PROP-CRAFT - Shall mean a vessel which is powered
by 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.'
2. Sec[ion 32-36.2 (Operators) is hereby amended to read as follows:~
A. No person 'under the age of eighteen (18) years shall operate a
mechanically propelled vessel unless:
(1) The operator, who is under the age of eighteen (18) years
is accompanied therein by a person-who is eighteen (18)
years of age or older; or
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-239 (Rex,. 7/91) (1)
.B.
The operator is ten (10) years of age or older and is the
holder of a boating safety certificate issued to him by
the Commissioner of the Office of Parks and Recreation of
the State of New York, pursuant to Section 78 of the New
York State Navigation Law.
The failure of a person specified in Section 32-36.2A(2) hereof
to exhibit a boating safety certificate upon demand to any
.peace officer or other officer having authority to enforce the
provisions of this chapter shall be presumptive evidence that
such person is not the holder of such certifii:ate.
No person who is the owner of a motorboat shall knowingly
authorize or permit the operation thereof unless:
(1) The operator is eighteen 118) years of age or older;
(2)
The operator, who is under the age of eighteen (18) is
accompanied therein by a person eighteen [18) years or
older; or
(3)
The operator is ten I10) years of age or older and is
the holder of a boating safety certificate issued to him
by the Commissioner of the Office of Parks and Recreation
of the State of New York.
Do
Go
. No person shall operate a vessel while in an intoxicated
condition or while his ability to operate such a vessel is
impaired by the consumption of alcohol or by the use of a drug.
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 jetski and windsurfer operators shall require
their clientele to wear United States Coast Guard approved
personal flotation devices of Type I, II or III.
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.
3. Section 32-36.3 is hereby added to read as follows:
32-36.3 - Regulations of personal watercraft and specialty prop-craft.
No person shall operate a personal wat~ercraft or a
specialty prop-craft unless each person riding on or towed
behind such vessel is wearing an off-shore life jacket
[Type I, II, Ill or V) approved by the United States
Coast Guard.
De
Fo
1~1o person shall operate a personal watercraft or a
specialty prop-craft unless such vessel is equipped and
fitted with a United States Coast Guard approved device
for arresting carburetor backfire.
No person shall operate a personal watercraft or a
specialty prop-craft unless such vessel is equipped
with at least two ventilators fitted with cowls or their
equivalent for the purpose of properly and efficiently
ventilating the bilges of every engine and fuel tank
compartment in order to remove any inflammable or
explosive gases provided, however, if the vessel is so
constructed as to have a greater portion of the bilges
under the engine and fuel tanks open and exposed to the
natural atmosphere at all times such vessel need not be
required to be fitted with such ventilators.
Any person operating a personal watercraft or a specialty
prop-craft equipped by the manufacturer with a lanyard
type engine cut-off switch shall attach such lanyard to
his or her person, clothing, or personal flotation device
as is appropriate for the specific vessel..
No person shall operate a personal watercraft or a
specialty prop-craft at any time between the hours from
one-half hour after sunset to one-half hour before sunrise.
No person shall operate a personal watercraft or a
specialty prop-craft within five hundred 1500) feet of any
designated bathing area. except in bodies of water where~
.the opposing shoreline is less than five hundred 1500)
feet from such designated area and in accordance with
speed regulations'and restrictions as provided by local
law or ordinance but in no event at a speed in excess of
ten miles per hour. provided, however, that nothing
contained in this subdivision shall be construed to
prohibit the launching of such vessel from designated
~launching areas or sites.
Every personal watercraft and specialty prop-craft shall
at all times be operated in a reasonable and prudent
manner. Maneuvers which unreasonable or unnecessarily
endanger life. limb. or property, including, but not
limited to. weaving through congested vessel traffic.
jumping the wake of another vessel unreasonably or
.unnecessarily close to such other vessel or when
visibility around such other vessel is obstructed, and
swerving at the last possible moment to avoid collision
shall constitute reckless operation of a vessel.
Ho
The provisions of this section shall not apply to any
performer~ engaged in a professional exhibition or any
person preparing to participate or participating in a
regatta, race, marine parade, tournament, or exhibition
authorized under section 32-28 of this chapter.
Sections 32-38.1, 32-38.2 and 32-38.3 are hereby added to read as
follows:
32-38.1 Bathing and swimming.
No person shall swim' or bathe in the mouth of Mattituck Inlet
between areas designated by buoys number 3 and 5.
32-38.2 Scuba Diving (General Provisions)
Scuba diving shall include any person who surface dives
to explore underwater, hunt, fish, or photograph, while
using any self-contained underwater breathing apparatus,
but shall not include bone-fide salvage operations
displaying proper signals.
Bo
Scuba diving is prohibited in the entire area of the
Mattituck Inlet or in any waters where the same may
interfere with the reasonable and proper operations of
boats or within one hundred fifty (150) feet of any public
bathing or swimming area except for duly licensed
commercial shellfish harvesters who shall comply with the
regulations of subdivision C below.
Ce
No person shall engage in scuba diving without displaying
the international diving flag or authorized skin diving
flag of suitable size adequately displayed by a float,
buoy or boat at all Limes and without a' person of suitable
-age and discretion other than the skin diver, in a
positiod as lookout. Such person shall not permit such
diving flag to remain in any area unless such person-is
actually scuba diving in the area at the time.
32-38.3 Spearfishing.
No person shall discharge any apparatus designed for use in
spearfishing within two hundred (200) feet of any lifelines or
bathing floats, or if there are.no lifelines or bathing floats then
within two hundred (200) feet of any public or semi-public beach
regularly used for bathing or swimming or within one hundred fifty
(150) feet of any person bathing or swimming.
This Local law shall take effect upon 'its filing with the Secretary of
State.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which Is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No ............... ?- ................... of l~-3----
of the (Oollltty)(g~:)(Tow.n)(:le~l~) of .............. _S._o__u__t_h__o.!_d_ ..................................... was duly passed by the
.."[.03/l/Ja__B_Qett'_0_ ........................... or/~_p__r.!!___%.._l_.9..9319 .... , in accordance with the applicable provisions of law.
(Name of Legldative Body)
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval
by the Elective Chief Executive Officer*.)
I hereby certify that th9 local law annexed hereto; designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
............................................... on .................. 19 ---, and was (approved)(not approved)(repassed after
(N~me of Legislative Body)
disapproval) by the .................................................. and was deemed duly adopted on .................. 19 .... ,
[Elective Chlef Executive Of Jqcer*)
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I'hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (approved)(not approved)(repa$sed after
(Name of Legislative Body)
disapproval) by the ................................................. on ................... 19 .... i Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(,permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on .................. 19---- , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No .................................... of 19 ......
of the (County)(City)(Town)(Village) of ................................................................. was duly passed by the
................................................... on .................. 19 .... , and was (apprgved)(not approved)(repassed after
(Name of Leg~sla~ve Body)
disapproval) by the .... , ..................... : ....................... on .................. 19 .... Such local law was subject to
(Elective Chief Executive Officer*)
permissive referendum and no valid petition requesting such referendum was flied as of .................. 19---~ , in
accordance with the applicable provisi'ons of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village~ or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances.
(2)
5. (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
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special)(geneml) election held on ................... 19 .... ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local la~v No .................................... of 19 ......
of the County of .................................................... State of New York, having been submitted to the electors
at the General Election of November ......................19 .... , 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 cit-
ies of said county as a unit and 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 certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
~s a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph ............ , above.
Cle~of th~ County legislative body, City, Town or V~f~e Clerk
. or officer designated by local legislative body
JUDITH T. TERRY, TOB/N CLERK
(SeaO Date: April 7, 1993
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or
· other authorized attorney of locality.).
STATE OF NEW YORK
cot~r~ OF SUFFOLK . .~ .
I, the undersigned, hei'eby certify that the foregoing local la~v coraa~ns t~..o~ect text and that all proper proceedings
have been had or taken for the enactment of thee local law a~x~d ~g~/~.~_.)
. Title ~
Sou~hold
Date: April 7, 1993
(3)
PUBLIC HEARING
SOUTHOLD TOWN BOARD
April 6, 1993
8:00 P.M.
IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO BOATS, DOCKS
AND WHARVES".
Present:
Supervisor Scott L. Harris
Justice Raymond W. Edwards
Councilman George L. Penny IV
Councilman Thomas H. Wickham
Councilman Joseph J. Lizewski
Councilwoman Alice J. Hussie
Assistant Town Attorney Matthew G. Kiernan
Town Clerk Judith T. Terry
SUPERVISOR HARRIS: At this time we have a "Local Law in Relation to Boats,
Docks and Wharfs", and the proof of publication and the verification of such
law will be read by Councilman Penny.
COUNCILMAN PENNY: "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
23rd day of March, 1993, 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 6th day of April, 1993, at
8:00 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
Sothold is hereby amended as follows:
1. Section 32-31 (Definitions) of the Code of the Town of Southold
is hereby amended by adding thereto the following:
PERSONAL WATERCRAFT - Shall mean a vessel which uses an
inboard motor powerincJ a water jet pump as its primary source
of motive power and which is designed to be operated by a
person sitting, standin~l, or kneeling on, or being towed b~hind
the vessel rather than in the conventional manner of sitting or
standinc, I inside the vessel.
Pg 2 - LL Boats, docks ~ Wharves
2o
SPECIALTY PROP-CRAFT - Shall mean a vessel which is powered
by an outboard motor or a propeller driven motor and which is
desic~ned to be operated by a person sitting, standin~ or kneeling
on or bein~ towed behind the vessel rather than in the
conventional manner of sitting or standing inside the vessel.
Section 32-36.2 (Operators) is hereby amended to read as follows:
A. No person under the age of ~i~etee~t ~6~ eighteen (18) years
shall operate a mechanically propelled vessel unless:
(1) The operator, who is under the age of ~i-~t~e~-~-~)
eighteen (18) years is accompanied therein by a person
who is sP~et~en-(-~)~ eighteen (18) years of age or older;
or
(2) The operator is ten (10) years of age or older and is
the holder of a boating safety certificate issued to him
by the Commissioner of the Office of Parks and
Recreation of the State of New York, pursuant to
Section 78 of the New York State Navigation Law.
B. The failure of a person specified in Section 32-36.2A(2)
hereof to exhibit a boating safety certificate upon demand
to any peace officer or other officer having authority to
enforce the provisions of this chapter shall be presumptive
evidence that such person is not the holder of such
certificate.
C. No person who is the owner of a motor boat shall knowingly
authorize or permit the operation thereof unless:
(I) The operator is ~i~t~en ~6½ eic~hteen (18) years of age
of older;
(2) The operator, who is under the age of ~i-~t~en-(-~)
ei~lhteen (18) years is accompanied therein by a person
sP~t~er~ ~6~ eighteen (18) years or older; or
(3) The operator is ten (10) years of age or older and is
the holder of a boating safety certificate issued to him
by the Commissioner of the Office of Parks and
Recreation of the State~of New York.
D. No person shall operate a vessel while in an intoxicated
condition or while his ability to operate such a vessel is
impaired by the consumption of alcohol or by the use of
a drug.
E. All commercial jetski or commercial windsurfing operators
shall provide a patrol boat (other than a jetski or
windsurder) ~hich must be operational and manned at all
times for the purpose of controlling their clientele.
F. All commercial jetski and windsurfer operators shall require
their clientele to wear United States Coast Guard approved
personal flotation devices of Type I, II or III.
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.
pc] 3 - LL BoatS, Docks ~ ~NharveS
Section~_ ~. 32-36.3~is hereby ~ to read as folloWS: or
an
Ao
on
B. NO
is
:tor
Co
~owl
ever'
to
or
with
of
the
~uch
is a
No
feet
or
cut-
her
as
or
or
in
such
rites.
be
Pg 4 - LL Boats, Docks Wharves
4o
G. Every personal watercraft and specialty prop-
craft shall at all times be operated in a reaso,,able
and prudent manner. Maneuvers which
unreasonably or unnecessarily endanger life,
limb, or property, including, but not limited to,
weavinc~ through congested vessel traffic, iumpin~
the wake of antoher vessel unreasonably or
unnecessarily close to such other vessel or when
visibility around such other vessel is obstructed,
and swervin~ at the last possible moment to avoid
collision shall constitute reckless operation of a
vessel.
The provisions of this section shall not apply to
any performer enga~ged in a professional
exhibition or any person preparing to participate
or participatin~ in a regatta, race, marine
parade, tournament, or exhibition authorized
under Section 32-28 of this chapter.
Section 32-38.1, 38-38.2 and 32-38.3 are hereby added to read
as follows:
32-38.1 Bathing and swimming°
No perons shall swim or bathe in the mouth of Mattituck Inlet
between areas designated by buoys hi,tuber 3 and and 5.
32-38.2 Scuba Diving (General Provisions)
A. Scuba diving shall include any person who surfaces
-- dives to explore underwater, hunt, fish, or
photograph, while usin~ any self-contained underwater
breathing apparatus, but shall not include bone-fide
salvac~e operations displaying proper signals.
B. Scuba diving is prohibited in the entire area of the
Mattituck Inlet or in any waters where the same may
interfere with the reasonable and proper operations of
boats or within one hundred fifty (150) feet of any
public bathing or swimming area except for duty
licenses commercial shellfish harvesters who shall comply
with the regulations of subdivision C below.
No person shall engage in scuba diving witl,out
displayin~ the international divinn fla~ or authorized
skin diving flag of suitable size ~decluately displayed
by a float, buoy or boat at all times and without a
person of suitable ac~e and discretion other than tl,e
skin diver, in a position as lookout. Such person ~hall
not permit such diving flag to remain in any area
unless such person is actually scuba divin~ in the area
at the time.
Pg 5 - LL Boats, Dock Wharves
32.38.3 Spearfishinc~.
No person shall discharcje any apparatus desicjned for use in
spearfishincj within two hundred (200) feet of any lifelines or
bathincj floats, or if there are no lifelines or bathinc. I float~
then within two hundred (200) feet of any public or semi-
public beach recjularl¥ used for bathing or swimminc~ or within
one hundred fifty (150) feet of any person bathin~ or swimmi,..Cl.
II. This Local Law whall take effect upon its filing with the Secretary of Statu.
* Overstrike represents deletions(s)
** Understrike represents additions(s)
Copies of this Local Law are available in the Office of the Town Clerk to any
interested persons during business hours. Dated: March 23, 1993. Judith T.
Terry, Southold Town Clerk." I have an affidavit of posting a publication in
The Traveler-Watchman. I have an affidavit of posting by the Town Clerk. There
is no further communications. I'd just like to add in this, that most of what we
added in here is putting the State regulations into our own local regulations. This
gives the Town the ability that if there are any fines levied in enforcement of
these laws, that the fines would go to the local government, and wouldn't be passed
on to the State. If we left it, as it was, the money would go to the State.
SUPERVISOR HARRIS: Are there any members of the audience, that would like to
address this Local Law amendment, either pro or con?
ED SIEGMANN: Ed Siegmann. I think while you're doing it, there's a couple
of things you could add to it. Number one, that party boats not have a right
to fish up inside the inlet, because I see in the Mattituck Inlet,when it's a little
bad outside as far as the weather is concerned, I see the party boats come up
there, and fish. Also, you ought to regulate the distance that trollers can come
into the shore, because if you have regulations in reference to the boaters, that
are out there for pleasure, boating and that, then it shoLHdn't be permitted that
trollers can come into the area, where they operate, also. There's plenty of room
out off the coast for those trollers to operate. It's not necessary to come in close
to the shore.
SUPERVISOR HARRIS: Anybody else like to address this Local Law amendment?
FRANK WILLS: Frank Wills. Mattituck. I'm fullheartedly in favor of passing
regulations on the mechanical entity of the boat, but I think we're missing one
major point. The person operating the boat, as far as I know, has no regulations,
no need for a license, and all of us who have been out there, I've seen adults,
and I'm not talking about young people, or children, that operate in a totally
reckless fashion, and we have no rules, laws, regulations, or licenses, controlling
or governing the,quote, the nut behind the wheel. We do it with cars. We should
do it with boats.
SUPERVISOR HARRIS: Thank you. Anybody else like to comment on this Local
Law? (No response.) If not, I declare this public hearing closed.
Southold Town Clerk
LEGAL NOTICE
NOTICE OF
PUBLIC HEARING
H~REBY GI~'EN that there
has been presented to the
Town Board of the Town of
Southold, Suffolk County,
New York~ on the 23rd day of
Ma, ich, 1993, a Local Law en-
titled,. ~'A Local Law in Rela-
tion to Boats, Docks and
Wharves.~,
NOTICE IS FURTHER
GIVEN that the Town Board
of the Town of Southold will
hold a public bearing on the
aforesaid Local Law at the
Southold Town Hall, Main
Road~ Southold, New York,
on the 6th day of April, 1993, '
at 8:00 P.M., at which time all
interested persons will be
heard.
This pr ~oposcd "Local Law
in Relation to Boatsl Docks
follows:
BE IT ENACTED by the
Town Board of the Town of
Southold as follows:
1. Chapter 32 (Boats, Docks
and Wharves) of the Code of
the Town of Southold is
hereby amended as follows:
1. Section 32-31 (Defini-
' tions) of the Code of the Town
of Soutl~old is hereby amend-
ed by adding thereto the
following:
PERSONAL
WATERCRAFT-- Shall mean
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
behiad the vessel rather than
in the conventional manner of
sitting or standing inside the
SPECIALTY PROP-
CRAFT -- Shall mean a
vessel which is powered by 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.
2. Section 32-36.2
(Operators) is hereby amend-
ed to read as follows:
A. No person under the age
of [sixteen (16)] eighteen (18)
years shall operate a
mechanically propelled vessel
(1) The operator, who is
under the age of [sixteen (16)]
eighteen (18) years is accom-
panied therein by a person
who is [sixteen (16)] eigh-
teen(18) years of age or older;
(2) The operator is ten (10)
years of age or older and is the
holder of a boating safety cer-
tificate issued to him by the
Commissioner of the Office
of Parks and Recreation of the
State of New York, pursuant
to Section 78 of the New York
State Navigation Law.
B. The failure of a person
specified in Section
32-36.2A(2) hereof to exhibit
a boating safety certificate
upon demand to any peace of-
ficer or other officer having
authority to enforce the pro-
visions of this chapter shall be
pre?~umptive evidence that
such person is not the holder
of such certificate.
C. No person who is the
owner of a motor boat shall
knowingly authorize or permit
the operation thereof unless:
(1) The operator is [sixteen
(16)] eighteen (18) years of age
or older;
(2) The operator, who is
under the age of [sixteen (16)]
eighteen (18) years is accom-
panied therein by a person
[sixteen (16)] eighteen (18)
i years:
(3) The operator is ten (10)
years of age or older and is the
holder of a boating safety cer-
tifl~:ate issued to him by the
Commissioner of the Office
of Parks and Recreation of the
State of New York.
D. No person shall operate
a vessel while in an intoxicated
condition or while his ability
to operate such a vessel is im-
paired by the consumption of
alcohol or by the use of a
drug.
E. All commercial jetski or
commercial windsur ling
operators shall provide a
patrol boat (other than a jet-
ski 61 windsurfer) which must
be operational and manned at
all times for the purpose of
controlling their clientele.
E All commercial jetski and
windsurfer operators shall re-
quire their clientele to wear
Ufiit~:~ States Cofi.~Ua:rd aP~
pr0~re¢l ~e~sonal~ r.~ot ~
de'~ic~s d~'~YpE i', ~li o~ 111'~'~":
G. Small sailboats, .~om-
mohly known ag "wihd-
surfers;' are prohibited in the
following areas:
(1) Within five hundred
(500) feet of Mattituck Inlet.
(2) Within one hundred
(100) feet of swimlines.
3. Sction 32-36.3 is hereby
added to read as follows:
32-36.3- Regulations of per-
sonal watercraft and specialty
prop-craft.
A. No person shall operate
a personal watercraft or a
specialty prop-craft unless
such person riding on or tow-
ed behind such vessel is wear-
ing an off-shore life jacket
(Type !, I!, Ill or V) approv-
ed by the United States Coast
Guard.
B. No person shall operate
a personal watercraft or a
specialty prop-craft unless
such vessel is equipped and fit-
ted with a United States Coast
Guard approved device for ar-
resting carburetor backfire.
C. No person shall operate
a personal watercraft or a
specialty prop-craft unless
such vessel is equipped with at
least two ventilators fitknl with
cowls or their equivalent for
the purpose of properly and
efficiently ventilating the
bilges of every engine and fuel
tank compartment in order to
remove any inflammable or
explosive gases provided,
however, if the vessel is so con-
stncted as to have a greater
portion of the bilges under the
engine and fuel tanks open
and exposed to the natural at-
mosphere at all times such
vessel need not be required to
be fitted with such ventilators.
D. Any person operating a
personal watercraft or a
specialty prop-craft equipped
by the manufacturer with a
lanyard type engine cut-off
switch shall attach such
lanyard to his or her person,
clothing, or personal flotatio~
device as is appropriate for the
specific vessel.
E. No person shall operate
a perSOnal watercraft or a
specialty prop-craft at any
time between the hours from
one-half hour after sunset to
one-half hour before sunrise.
F. No person shall operate
a personal watercraft or a
specialty prop-craft within five
hundred (500) feet of any
designated bathing area,.ex-
cept in bodies of water where
the opposing shoreline is less
than five hundred (500) feet
from such designated area and
in accordance with speed
regulations and restrictions as
provided by local law or or-
dinance but in no event at a
speed in excess of ten miles per
hour, provided, however, that
nothing contained in this sub-
division shall be construed ~o
prohibit the launching of such
vessel from designated la~unch-
lng areas or sites.
G. Every personal water-
craft and specialty prop'craft
shall at all times be operated
in a reasonable and prudent
manner. Maneuvers which
unreasonably or undecessari-
ly endanger life, limb, or pro-
perty, including, ~but not
limited to, weaving through
congested vessel traffic, jum-
ping the wake of another
vessel unreasonably or un-
necessarily close to such other
vessel or when visibility
around such other yes?el is
obstructed, and swerVing at
the last possible moment to
avoid collision shall c6nstitute
reckless operation of a vessel.
The provisions of this sec-
tion shall not apply to any per-
former engaged in a profes-
sional exhibition or any per-
son preparing to participate~oL
participating in a regatta, race,
marine parade, tournament,
or exhibition authorized under
Section 32-28 of this chapter.
4. Sections 32-38.1, 38-38.2
and 32-38.3 are.hereby added
to read as follows:
32.38.1 Bathing and
swimming.
No person shall swim or
bathe in the mouth of Mat-
tituck Inlet between areas
designated by buoys number 1
and 3.
32-38.2 Scuba Diving
(General Provisions)
A. Scuba diving shall in-
clude any person who surface
dives to explore underwater,
hunt, fish, or photography,
while using any self-contained
underwater breathing ap-
paratus, but shall not include
bona-fide salvage operations
displaYing proper signals,
ik .,Scuba~ divln~ ils ~l~O,~
hibited in.the entire area ~';~l~e~
Matituck lnlet or in any waters
where the same may interfere
with the reasonable and pro-
per operations of boats or
within one hundred fifty (150)
feet of any public bathing or
swimming area except for du-
ly licenses commercial
shellfish harvesters who shall
comply with the regulations of
subdivision C below.
C. No person shall engage
in scuba diving without
displaying the international
diving flag or authorized skin
diving flag of suitable size
adequately displayed by a
float, buoy or boat at all times
and without a person of
suitable age and discretion
other than the skin diver, in a
position as lookout. Such per-
son shall not permit such div-
ing flag to remain in any area
unless such person is actually
scuba diving in the area at the
time.
32.38.3 Spearfishing.
No person shall discharge
any apparatus designed for use
in spearfishing within two
hundred (200) feet of any
lifelines or bathing floats, or
if there are no lifelines or
bathing floats then within two
hundred (200) feet of any
public or semi-public beach
regularly used for boating or
swimming or within one hun-
dred fifty (150) feet of any
person bathing or swimming.
II. This Local Law shall
take effect upon its filing with
the Secretary of State.
Brackets represent deletions.
Bold represents additions~
Copies of this Local Law
are available in the Office of
the Town Clerk to any in-
terested persons during
business hours.
DATED: March 23, 1993.
JUDITH T. TERRY
SOUTHOLD TOWN CLERK
1X-4/1/93(3)
COUNTY OF SUFFOLK
STAI'EOF NEW YORK
Patricia Wood, being duly sworn, says that sine is th~
Editor, of THE LONG iSLAND TRAVELER-WATCHMAN.
a public r~ewspaper printed at Southold, in Suffolk Country;
;md thai the nolicc of which the annexed is a printed cop,.'.
il,lB ~)(,ell published in said I_ong [sLm(I IGIvclLH Wat~mm,tl~
once each week [o~ ................... ~ ..... week
successively, commencing on the ......... / .......
Sworn to before me ibis ............ /~. ........ clay of
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, State el New York
No. 480'6846
Qualified in Suffolk County
Oommission Expires ,~/31/*1¥