§ 46 — Vessel regulation zone

New York § 46

• Jurisdiction: New York
• Law NAV: Navigation
• Part 1: Vessels, General
• Art. 4: No title

Text

§ 46. Vessel regulation zone. 1. (a) The board of supervisors or other\nlegislative governing body of a county, or, should no action on the\nmatter be taken by such board or body, the governing body of a city or\nincorporated village, by a three-quarters vote of its members, may\nestablish a vessel regulation zone and within the limitations prescribed\nby this chapter, adopt regulations for the use of a lake or part of a\nlake or other body of water within the county, or in case of a city or\nincorporated village of the part of said waters adjacent thereto, if it\nshall deem that such establishment of a zone will promote the safety of\nthe people and be for the best interests of the county, city or\nincorporated village.\n (b) The governing body of a city or incorporated village, by a\nthree-quarters vote of its members, may establish a personal watercraft\nand specialty prop-craft regulation zone and within the limitations\nprescribed by this chapter, adopt regulations for the use of a lake or\npart of a lake or other body of water adjacent to such city or\nincorporated village, if it shall deem that such establishment of a zone\nwill promote the safety of the people and be for the best interests of\nthe city or incorporated village. With respect to personal watercraft\nand specialty prop-craft, such regulations may include a prohibition of\ntheir use provided such prohibition does not prevent access to federally\nmaintained and designated navigation channels.\n 2. Before any such zone shall be established, a public hearing shall\nbe held before the members of the board of supervisors or other\nlegislative governing body of the county or the governing body of the\ncity or incorporated village, or a committee designated for that\npurpose, upon not less than thirty days notice of such hearing published\nin at least two newspapers having general circulation in the territory\naffected. Such notice will specify the time and place of hearing, the\nlimits of the proposed zone which shall not exceed fifteen hundred feet\nfrom the shore line at low water mark of the body of water where the\nzone is to be established and the regulations proposed to be adopted.\nFollowing such hearing the committee shall report to the board of\nsupervisors, or other legislative governing body of the county or the\ngoverning body of the city or incorporated village, and such board or\ngoverning body may adopt the limits of the proposed zone and its\nregulations. It shall be the duty of the clerk of the board of\nsupervisors, or other legislative governing body of the county or the\nclerk of the governing body of the city or incorporated village to\npromptly file a certified copy of such established vessel regulation\nzone and regulations adopted in the office of the clerk of the county\nwherein such zone is established.\n 3. When such regulation zones are established there shall be\nconstructed by the county, city or incorporated village establishing\nsame, on the shore near each boundary, a signboard facing the water and\nbearing thereon in large letters "VESSEL REGULATION ZONE" with the rate\nof speed limited in that area and/or such other restrictions as may be\nadopted. Such signboard shall be conspicuously placed. Any expense\nincurred in the formation or operation of the zone or district shall be\na county, city or incorporated village charge and shall be paid for in\nthe same manner as other charges against such political units.\n 4. Any person violating any of the regulations adopted pursuant to the\nprovisions of this section shall be guilty of a misdemeanor punishable\nas set forth in section seventy-three-b of this article. The provisions\nof this section shall not apply to any vessel while actually competing\nin a duly authorized regatta as provided in section thirty-four of this\nchapter, and provided due written notice of the date of such race or\nregatta has been filed with the clerk of the county wherein such vessel\nregulation zone has been established.\n 5. It shall be the duty of all peace officers, acting pursuant to\ntheir special duties, police officers and traveling navigation\ninspectors, to enforce the provisions of this section.\n