LOCAL LAW NO. 1 1984
VILLAGE OF DERING HARBOR
A LOCAL LAW IN RELATION TO WATERWAYS
PURPOSE, AREAS COVERED, DEFINITIONS
§ 1-100 Purpose
These regulations are adopted pursuant to § 4-412 of the village law and § 46-a of the navigation law and are found and determined to be necessary to protect and secure navigation, bathing, fishing and other recreational uses, the natural beauty, ecological values, wildlife habitat, the healthful, safe, full and equitable enjoyment of the waters bounding the village; to secure safety from flood, fire, panic, explosions and other dangers; to protect the inhabitants of the village from unreasonable odors, smoke, vapor, gas, dust, noise and vibrations; to promote and protect the good order, peace, health, safety, morals and general welfare of the inhabitants of the village and the public generally, and to protect and secure their property.
§ 1-101 Areas Covered
This local law is applicable to waters within the village and all waters bounding it to a distance of 1500 feet from the shore.
§ 1-102 Definitions
(a) “Vessel” shall mean and include all craft intended to carry persons or materials at any time during the use thereof in, on or under water.
(b) “To anchor” or “anchoring” shall mean the attachment of, or to attach, a vessel to the ground by means of equipment so designed that, when such attachment is terminated, the equipment in its entirety is removed from the ground and taken, under control of the vessel.
(c) “To moor” or “mooring” shall mean the attachment of. or to attach, a vessel to a pier or dock or other structure; or the attachment of, or to attach, a vessel to the ground by means of equipment so designed that, when such attachment is terminated, some portion of the equipment remains attached to or resting on the ground and is not taken under the control of the vessel.
(d) “Owner” shall include the person in whose name [??] last registered in accordance with the provisions of the federal boating act or the laws of the state of New York, if requiring registration, and in any other case the last known owner, or the person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitles him to such possession.
(e) “Skin diving” shall include the use by any person of any underwater breathing apparatus similar in function to an aqua-lung but shall not include bona fide salvage operations displaying proper signals.
(f) “Swimming area” shall mean an area designated as such by signs, lifelines or buoys.
(g) “Harbor master” shall mean the person designated as such by the marine commission or the board of trustees of the village.
PROHIBITED USES AND CONDUCT
§ 2-200 Anchoring and Mooring
(a) The location and types of mooring facilities and the anchoring of vessels in Dering Harbor shall be regulated by the marine commission. There shall be no commercial moorings within 500 feet of the shoreline of the village.
(b) No mooring shall be placed for use within 500 feet of the shoreline of the village without the written permission of the marine commission and then only upon applicaition for such permission by the owner, charterer or operator responsible for the vessel for which the mooring is provided. Each mooring location and type must be authorized and approved by the marine commission.
(c) The marine commission is hereby authorized and empowered to issue upon written application, pursuant to paragraph (b) of this section, written permits authorizing the placement of moorings. There shall be a $25 fee for such permit and the permit is not transferable. A permit will be required for any mooring presently in place. Every applicant for such permit must be either a resident or the owner of waterfront property in the village. The application shall be made on a form supplied by the marine commission and must include the vessel’s name, its length, means of propulsion, the owner’s name and the weight and type of the mooring.
(d) All floats shall be anchored or moored in such a way as to be secure at all times and under all conditions, and floats attached lo shell fish traps must be sufficiently distant from permitted moorings. that they do not interfere with boats that may be attached to those moorings and such anchoring and mooring shall be subject to the regulations and directions of the harbor master.
(e) No person shall moor or anchor any vessel in any channel affording entrance to Dering Harbor and in no case shall any vessel be moored or anchored within 50 feet of any channel marker or so as to interfere with the full use of any channel affording entrance to such harbor.
(f) No person shall anchor any vessel in such a manner as to cause it to be located within 40 feet of any other moored or anchored vessel or anchor a vessel within 100 feet of any unoccupied mooring marked by a buoy, or of any pier, dock or float.
(g) No person shall anchor any vessel within 400 feet of the shoreline of Dering Harbor.
(h) Notwithstanding the preceding prohibitions, a vessel may be anchored in any portion of Dering Harbor if so compelled by a temporary disability and then only during the period of such disability, or by an emergency arising out of the perils of the sea and then only during such emergency.
§ 2-201 Sanitation
No person shall cast, deposit, dump, discharge or place, or cause or suffer to be cast, deposited, dumped, discharged or placed, any oil, garbage or refuse matter of any kind into any waters or on any beach of the village.
§ 2-202 Hazards to Navigation.
Any vessel (including. for the purposes of this section a rowboat or skiff regardless of the manner in which it may be propelled) or any other object which becomes a menace to navigation, or unseaworthy, or sinks, grounds or becomes otherwise disabled, shall be removed by the owner or person in charge thereof on the order of any enforcing officer described in §2-207 of this local law.
If such vessel or other object is not forthwith removed after such an order it may be removed by or at the direction of such or any enforcing officer at the expense of the owner or person in charge of such vessel or other object, to be enforced by civil suit, such expense to be in addition to such penalties as may be prescribed or imposed under this local law or other statute.
§ 2-203 Speed and Operation
(a) No person shall pperate a vessel al a speed in excess of 5 knots in Dering Harbor within 500 feet of the shoreline of the village.
(b) No person shall tie a vessel lo lhe lifeline designating a bathing or swimming area.
§ 2-204-General Operation of Vessels
(a) Every person operating or driving a vessel and every person riding water skis, a surfboard or similar-device, shall at all times operate the same in a manner (including, without limitation, the throwing of its wake so as not to disturb or endanger the property of another, or the life or limb of any person, or so as to interfere with the free and proper use of the waters of any channel affording entrance to Dering Harbor.
(b) No person shall operate or drive a vessel propelled wholly. or partly, by an engine operated by gas, gasoline, naptha, diesel oil or other substance without having the exhaust from the engine run through a muffler or so controlled by the introduction of water into the exhaust pipe or line as to muffle the noise of exhaust in a reasonable manner.
§ 2-205 Skin Diving
(a) No skin diving shall be undertaken in any channel affording entrance to Dering Harbor or in any waters where the reasonable and proper operation of vessels may be interfered with.
(b) No person shall engage in skin diving without a proper float flag or flags or a person of at least 16 years of age acting as a lookout.
(c) No person shall use, operate or discharge under water any spear, speargun or similar weapon or apparatus within 1500 feet of the shoreline of the village.
§ 2-206 Water Skis and Surfboards
(a) No person shall operate a vessel for towing a person on water skis, a surfboard or similar device unless there is in such vessel a person other than the operator who (1) is at least 10 years old or (2) has been awarded a boat safety certificate by the state of New York, in a position to observe the progress of the person being towed.
(b) No person shall ride on water skis, a surfboard or similar device or use or operate a vessel to tow a person thereon between the period from one hour after sunset to one hour after sunrise.
§ 2-207 Police and Enforcement
(a) The harbor master, any police officer, United Slates Coast Guardsman. and any other peace officer having auU1ority (each of whom is referred to in this local law as an enforcing officer) is hereby empowered to enforce Ute provisions of this local law.
(b) Every person in charge of or who owns, charters or is operating a vessel shall at all times obey the lawful orders of an enforcing officer.
(c) Any vessel or float, anchored or moored, or attached to another vessel, in violation of any of the provisions of this local law, and any mooring for which a written permit has not been secured from the marine commission shall be removed or detached, as the case may be, by the owner, charterer or person in charge thereof on the lawful order of an enforcing officer. If any such vessel, float or mooring is not forthwith removed after an order so to do it may be removed by or at the direction of any enforcing officer at the expense of the owner, charterer or person in charge of such vessel, float or mooring, to be enforced by civil suit, such expense to be in addition to such penalties as may be prescribed or imposed under this local law or the laws of the state of New York.
(d) Any enforcing officer shall have the right to stop any vessel when he has reasonable cause to believe that any provision of this local law is being violated and to board, enter upon and inspect any such vessel for any of the following purposes:
(1) to determine whether such vessel is subject lo the provisions of this local law,
(2) to insure compliance with it,
(3) to enforce it and
(4) to issue an appearance ticket or other process for any violation thereof.
(e) The harbor master is hereby empowered to install buoys, appropriately worded signs and other markers at any point on land or water within the jurisdiction of the village when, in his opinion, the placing of any such buoys, signs or markers would give practical effect to the intent of this local law or any provision thereof: provided that prior consent to the installation thereof placed on or in the water be given by the United States Coast Guard and that they shall be installed in accordance with the uniform marking system as adopted by the United States Coast Guard and § 35 of the navigation law.
§ 3-300 Penalties
A violation of this local law shall constitute a violation pursuant to the penal law and be punishable by a fine of not more than $250. When a violation is continuous, each 24 hours thereof shall constitute a separate and distinct violation.
§ 3-301 Severability
If any section or paragraph of this local law shall be adjudged invalid, such judgment shall not affect the validity of this local law as a whole or of any other section or paragraph.