State Codes and Statutes

Statutes > New-york > Nav > Article-4 > Part-1 > 46

§ 46. Vessel regulation zone. 1. (a) The board of supervisors or other  legislative  governing  body  of  a  county, or, should no action on the  matter be taken by such board or body, the governing body of a  city  or  incorporated  village,  by  a  three-quarters  vote  of its members, may  establish a vessel regulation zone and within the limitations prescribed  by this chapter, adopt regulations for the use of a lake or  part  of  a  lake  or  other body of water within the county, or in case of a city or  incorporated village of the part of said waters adjacent thereto, if  it  shall  deem that such establishment of a zone will promote the safety of  the people and be  for  the  best  interests  of  the  county,  city  or  incorporated village.    (b)  The  governing  body  of  a  city  or  incorporated village, by a  three-quarters vote of its members, may establish a personal  watercraft  and  specialty  prop-craft  regulation  zone  and within the limitations  prescribed by this chapter, adopt regulations for the use of a  lake  or  part  of  a  lake  or  other  body  of  water  adjacent  to such city or  incorporated village, if it shall deem that such establishment of a zone  will promote the safety of the people and be for the best  interests  of  the  city  or  incorporated village. With respect to personal watercraft  and specialty prop-craft, such regulations may include a prohibition  of  their use provided such prohibition does not prevent access to federally  maintained and designated navigation channels.    2.  Before  any such zone shall be established, a public hearing shall  be held before  the  members  of  the  board  of  supervisors  or  other  legislative  governing  body  of the county or the governing body of the  city or  incorporated  village,  or  a  committee  designated  for  that  purpose, upon not less than thirty days notice of such hearing published  in  at  least two newspapers having general circulation in the territory  affected.  Such notice will specify the time and place of  hearing,  the  limits  of the proposed zone which shall not exceed fifteen hundred feet  from the shore line at low water mark of the body  of  water  where  the  zone  is  to  be established and the regulations proposed to be adopted.  Following such hearing the  committee  shall  report  to  the  board  of  supervisors,  or  other  legislative governing body of the county or the  governing body of the city or incorporated village, and  such  board  or  governing  body  may  adopt  the  limits  of  the  proposed zone and its  regulations. It shall  be  the  duty  of  the  clerk  of  the  board  of  supervisors,  or  other  legislative governing body of the county or the  clerk of the governing body of  the  city  or  incorporated  village  to  promptly  file  a  certified  copy of such established vessel regulation  zone and regulations adopted in the office of the clerk  of  the  county  wherein such zone is established.    3.   When  such  regulation  zones  are  established  there  shall  be  constructed by the county, city  or  incorporated  village  establishing  same,  on the shore near each boundary, a signboard facing the water and  bearing thereon in large letters "VESSEL REGULATION ZONE" with the  rate  of  speed  limited in that area and/or such other restrictions as may be  adopted.   Such signboard shall be  conspicuously  placed.  Any  expense  incurred  in the formation or operation of the zone or district shall be  a county, city or incorporated village charge and shall be paid  for  in  the same manner as other charges against such political units.    4. Any person violating any of the regulations adopted pursuant to the  provisions  of  this section shall be guilty of a misdemeanor punishable  as set forth in section seventy-three-b of this article. The  provisions  of  this  section shall not apply to any vessel while actually competing  in a duly authorized regatta as provided in section thirty-four of  this  chapter,  and  provided  due  written notice of the date of such race orregatta has been filed with the clerk of the county wherein such  vessel  regulation zone has been established.    5.  It  shall  be  the  duty of all peace officers, acting pursuant to  their  special  duties,  police  officers   and   traveling   navigation  inspectors, to enforce the provisions of this section.

State Codes and Statutes

Statutes > New-york > Nav > Article-4 > Part-1 > 46

§ 46. Vessel regulation zone. 1. (a) The board of supervisors or other  legislative  governing  body  of  a  county, or, should no action on the  matter be taken by such board or body, the governing body of a  city  or  incorporated  village,  by  a  three-quarters  vote  of its members, may  establish a vessel regulation zone and within the limitations prescribed  by this chapter, adopt regulations for the use of a lake or  part  of  a  lake  or  other body of water within the county, or in case of a city or  incorporated village of the part of said waters adjacent thereto, if  it  shall  deem that such establishment of a zone will promote the safety of  the people and be  for  the  best  interests  of  the  county,  city  or  incorporated village.    (b)  The  governing  body  of  a  city  or  incorporated village, by a  three-quarters vote of its members, may establish a personal  watercraft  and  specialty  prop-craft  regulation  zone  and within the limitations  prescribed by this chapter, adopt regulations for the use of a  lake  or  part  of  a  lake  or  other  body  of  water  adjacent  to such city or  incorporated village, if it shall deem that such establishment of a zone  will promote the safety of the people and be for the best  interests  of  the  city  or  incorporated village. With respect to personal watercraft  and specialty prop-craft, such regulations may include a prohibition  of  their use provided such prohibition does not prevent access to federally  maintained and designated navigation channels.    2.  Before  any such zone shall be established, a public hearing shall  be held before  the  members  of  the  board  of  supervisors  or  other  legislative  governing  body  of the county or the governing body of the  city or  incorporated  village,  or  a  committee  designated  for  that  purpose, upon not less than thirty days notice of such hearing published  in  at  least two newspapers having general circulation in the territory  affected.  Such notice will specify the time and place of  hearing,  the  limits  of the proposed zone which shall not exceed fifteen hundred feet  from the shore line at low water mark of the body  of  water  where  the  zone  is  to  be established and the regulations proposed to be adopted.  Following such hearing the  committee  shall  report  to  the  board  of  supervisors,  or  other  legislative governing body of the county or the  governing body of the city or incorporated village, and  such  board  or  governing  body  may  adopt  the  limits  of  the  proposed zone and its  regulations. It shall  be  the  duty  of  the  clerk  of  the  board  of  supervisors,  or  other  legislative governing body of the county or the  clerk of the governing body of  the  city  or  incorporated  village  to  promptly  file  a  certified  copy of such established vessel regulation  zone and regulations adopted in the office of the clerk  of  the  county  wherein such zone is established.    3.   When  such  regulation  zones  are  established  there  shall  be  constructed by the county, city  or  incorporated  village  establishing  same,  on the shore near each boundary, a signboard facing the water and  bearing thereon in large letters "VESSEL REGULATION ZONE" with the  rate  of  speed  limited in that area and/or such other restrictions as may be  adopted.   Such signboard shall be  conspicuously  placed.  Any  expense  incurred  in the formation or operation of the zone or district shall be  a county, city or incorporated village charge and shall be paid  for  in  the same manner as other charges against such political units.    4. Any person violating any of the regulations adopted pursuant to the  provisions  of  this section shall be guilty of a misdemeanor punishable  as set forth in section seventy-three-b of this article. The  provisions  of  this  section shall not apply to any vessel while actually competing  in a duly authorized regatta as provided in section thirty-four of  this  chapter,  and  provided  due  written notice of the date of such race orregatta has been filed with the clerk of the county wherein such  vessel  regulation zone has been established.    5.  It  shall  be  the  duty of all peace officers, acting pursuant to  their  special  duties,  police  officers   and   traveling   navigation  inspectors, to enforce the provisions of this section.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Nav > Article-4 > Part-1 > 46

§ 46. Vessel regulation zone. 1. (a) The board of supervisors or other  legislative  governing  body  of  a  county, or, should no action on the  matter be taken by such board or body, the governing body of a  city  or  incorporated  village,  by  a  three-quarters  vote  of its members, may  establish a vessel regulation zone and within the limitations prescribed  by this chapter, adopt regulations for the use of a lake or  part  of  a  lake  or  other body of water within the county, or in case of a city or  incorporated village of the part of said waters adjacent thereto, if  it  shall  deem that such establishment of a zone will promote the safety of  the people and be  for  the  best  interests  of  the  county,  city  or  incorporated village.    (b)  The  governing  body  of  a  city  or  incorporated village, by a  three-quarters vote of its members, may establish a personal  watercraft  and  specialty  prop-craft  regulation  zone  and within the limitations  prescribed by this chapter, adopt regulations for the use of a  lake  or  part  of  a  lake  or  other  body  of  water  adjacent  to such city or  incorporated village, if it shall deem that such establishment of a zone  will promote the safety of the people and be for the best  interests  of  the  city  or  incorporated village. With respect to personal watercraft  and specialty prop-craft, such regulations may include a prohibition  of  their use provided such prohibition does not prevent access to federally  maintained and designated navigation channels.    2.  Before  any such zone shall be established, a public hearing shall  be held before  the  members  of  the  board  of  supervisors  or  other  legislative  governing  body  of the county or the governing body of the  city or  incorporated  village,  or  a  committee  designated  for  that  purpose, upon not less than thirty days notice of such hearing published  in  at  least two newspapers having general circulation in the territory  affected.  Such notice will specify the time and place of  hearing,  the  limits  of the proposed zone which shall not exceed fifteen hundred feet  from the shore line at low water mark of the body  of  water  where  the  zone  is  to  be established and the regulations proposed to be adopted.  Following such hearing the  committee  shall  report  to  the  board  of  supervisors,  or  other  legislative governing body of the county or the  governing body of the city or incorporated village, and  such  board  or  governing  body  may  adopt  the  limits  of  the  proposed zone and its  regulations. It shall  be  the  duty  of  the  clerk  of  the  board  of  supervisors,  or  other  legislative governing body of the county or the  clerk of the governing body of  the  city  or  incorporated  village  to  promptly  file  a  certified  copy of such established vessel regulation  zone and regulations adopted in the office of the clerk  of  the  county  wherein such zone is established.    3.   When  such  regulation  zones  are  established  there  shall  be  constructed by the county, city  or  incorporated  village  establishing  same,  on the shore near each boundary, a signboard facing the water and  bearing thereon in large letters "VESSEL REGULATION ZONE" with the  rate  of  speed  limited in that area and/or such other restrictions as may be  adopted.   Such signboard shall be  conspicuously  placed.  Any  expense  incurred  in the formation or operation of the zone or district shall be  a county, city or incorporated village charge and shall be paid  for  in  the same manner as other charges against such political units.    4. Any person violating any of the regulations adopted pursuant to the  provisions  of  this section shall be guilty of a misdemeanor punishable  as set forth in section seventy-three-b of this article. The  provisions  of  this  section shall not apply to any vessel while actually competing  in a duly authorized regatta as provided in section thirty-four of  this  chapter,  and  provided  due  written notice of the date of such race orregatta has been filed with the clerk of the county wherein such  vessel  regulation zone has been established.    5.  It  shall  be  the  duty of all peace officers, acting pursuant to  their  special  duties,  police  officers   and   traveling   navigation  inspectors, to enforce the provisions of this section.