proposed boats and boating resolution

8/2/2019 Proposed Boats and Boating Resolution

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Resolution No. 2012-________________

EXTRACTION OF MINUTES OF MEETING OF TOWN BOARD OF A RESOLUTION

INTRODUCING AN ORDINANCE AMENDING CHAPTER 91 OF THE TOWN CODE

ENTITLED BOATS AND BOATING

At a regular meeting of the Town Board of the Town of Irondequoit, Monroe County, New York

held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the ____ day of

______ 2012 at 7:00 p.m. local time, there were

PRESENT:

Mary Joyce DAurizio Town Supervisor

Stephanie Aldersley Town Board Member

Deborah Essley Town Board Member Paul Marasco Town Board Member

John Perticone Town Board Member

Harter Secrest & Emery LLP Attorneys for the Town

Town Board Member _________________ offered the following resolution and moved its

adoption:

WHEREAS, Chapter 91 of the Code of the Town of Irondequoit, entitled Boats and Boating

was enacted by Ordinance No. 87-3 on April 2, 1987 and was substantively continued when theCode was re-enacted under Local Law No. 1 of 1997; and

WHEREAS, it is the intent of the Irondequoit Town Board, subject to a Public Hearing andApproval of an Ordinance, and publication of a summary or abstract of said Ordinance, as

provided by Town Law 133, to amend Chapter 91 of the Town Code, as expressly provided by

the terms of Section 1-7 of the Code of the Town of Irondequoit;

NOW, THEREFORE, BE IT RESOLVED, that the Town Board approves the introduction of

an Ordinance to Amend Chapter 91 of the Code of the Town of Irondequoit to read as follows:

Chapter 91. Boats and Boating

91-1. Title.

This chapter shall be known as the Ordinance for the Regulation of Vessels on Irondequoit Bay

and Lake Ontario abutting the Town of Irondequoit.

91-2. Authority.

In accordance with Subdivision 17 of 130 of the Town Law, as amended or changed, and/or 45, 45-aaa, 46-a (2) and 73-c of the Navigation Law, as amended or changed, these regulations


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are hereby adopted for that part of Irondequoit Bay located within the Town of Irondequoit and

within 1,500 feet from the shore; and on the waters of Lake Ontario abutting the Town ofIrondequoit within 1500 feet of the shoreline.

91-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

(1) Vessel shall mean any floating craft and all vessels shall belong to one of thefollowing classes:

(a) Public Vessel shall mean and include every vessel which is propelled in wholeor in part by mechanical power and is used or operated for commercial purposes

on the navigable waters of the state; that is either carrying passengers, carrying

freight, towing, or for any other use; for which a compensation is received, eitherdirectly or where provided as an accommodation, advantage, facility or privilege

at any place of public accommodation, resort or amusement.(b) Residential vessel shall mean and include every vessel that is used in actual

practice primarily as a residence.(c) Pleasure vessel shall mean and include every vessel not within the classification

of public vessel or residential vessel. However, the provisions of this chapter

shall not apply to rowboats, kayaks and canoes except as otherwise expresslyprovided.

(d) The term vessel as used in this chapter shall not include a crew racing shell.

Crew racing shell shall mean any shell, gig, barge or other boat designedprimarily for practice or racing, propelled by oars or sweeps, in the sport of crew

or scull racing conducted by a private or public educational institution, school,

academy, college, university or association of any of the preceding, or by anamateur sports club or association or by the United States or International

Olympic Committees and shall not include canoes, kayaks, rowboats or lifeboats

used in connection with crew racing activities.

(2) 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 theconventional manner of sitting or standing inside the vessel.

(3) Specialty prop-craft shall mean a vessel which is powered by an outboard motor ora 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.

(4) Owner shall mean the person actually holding title to a vessel, except a public

vessel chartered unmanned for a period of more than thirty consecutive days, in which case

owner shall include the person chartering the vessel.


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(5) Person shall mean an individual, partnership, corporation or association.

(6) Operator shall mean an individual who operates or navigates a pleasure vessel.

(7) Master shall include every individual having for the time the charge, control or

direction of a vessel.

(8) Under way shall mean that the vessel is not at anchor, or made fast to the shore, or

aground.

(9) Pier shall mean a wharf or portion of a wharf extending from the shoreline with

water on both sides.

(10) Adrift shall mean a vessel floating on the water without being powered by a

physical or mechanical means.

(11) Joined together shall mean more than one vessel tied to or otherwise affixed in anymanner to another vessel for any period of time.

91-4. Rules of Operation.

A. Every vessel shall be operated in a careful and prudent manner, in such a way as not

to (1) unreasonably interfere with or endanger any other vessel or person; (2)

endanger the life or limb of another person using the water under all conditions andhaving regard to the actual and potential hazards then existing; or (3) disturb the

reasonable comfort or endanger persons on another vessel or abutting shore, or to

cause damage to another vessel, structure, shoreline property, or the environment orto interfere with the free and proper uses of the waters. In no event shall a vessel be

operated at a speed exceeding 25 miles per hour unless such vessel is being operated

for the purpose of enabling a person engaged in water-skiing to be towed, in which

case no such vessel shall be operated at a speed exceeding 35 miles per hour.

B. No vessel shall be operated within 300 feet of the shore, a dock, pier, raft or float or

an anchored or moored vessel in a manner or at a speed that causes a wake thatunreasonably interferes with or endangers such dock, pier, raft or float or an anchored

or moored vessel, but in no event at a speed exceeding five miles per hour, unless for

the purpose of enabling a person engaged in water-skiing to take off or land.

C. (1) No vessel may be anchored, moored, adrift, joined together with any other vessel

or not underway as defined in this local law within the following described area of

Lake Ontario:

The area of Lake Ontario bordered by the west side of the Irondequoit Bay Outlet

Pier four-hundred-fifty feet (450 ft.) from the shoreline, the entire shoreline runningwest from the west side of the Irondequoit Bay Outlet Pier continuously along the


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shoreline to the east property boundary of number 186 Lake Bluff Rd., from the point

at the east property boundary of 186 Lake Bluff Road. 450 north into the navigablewater of Lake Ontario and then directly east across the open navigable water to the

point on the west side of the Irondequoit Bay Outlet Pier four-hundred-fifty feet (450

ft.) from the shoreline.

(2) Exceptions. The restrictions list under section 91-4 C will not apply to vessels

owned or operated by residents residing in dwellings whose property encompasses

the Lake Ontario Shoreline from the west side of the Irondequoit Bay Outlet Piercontinuously west along the shoreline to number 186 Lake Bluff Rd. or the lawful

guests of such residents, provided, however that for purposes of this section, no more

than three vessels owned or operated by guests of such residents may be anchored,moored, adrift, joined together with any other vessel within the zone at any given

time.

D. Every vessel being operated within the area described in section 91-4 C. above shall

be operated in a careful and prudent manner, in such a way as not to unreasonablyinterfere with or endanger any other vessel or person, but in no event shall a vessel be

operated at a speed exceeding five (5) miles per hour. Within the area described insection 91-4 C, this speed limit shall be deemed to supersede the speed limits set forth

in section 91-4 A of this Chapter.

E. Regattas, boat races or racing shell regattas shall not be held unless all permit and

notice requirements of Navigation Law 34, 34-a and 45-aaa(3) have been fulfilled.

91-5. Penalties for offenses.

(A) Any master, operator or other person who operates a vessel in a reckless

manner or at an excessive speed in violation of any of the provisions of this

chapter shall be guilty of a violation punishable to the same extent as a

violation of 45 of the Navigation Law, as amended or changed.

(B) Any master, operator or other person who positions a vessel in a manner

violating the provisions of section 91-4 C of this Chapter shall be guilty of aclass A violation as provided by Section 1-16(A)(i) of the Code of the Town

of Irondequoit.

AND BE IT FURTHER RESOLVED, that the Town Board schedules a Public Hearing

at its regular meeting on _________, 2102 at___ pm on the matter of the proposed Ordinance

amending Chapter 91 of the Town Code of Irondequoit, entitled Boats and Boating at whichall interested parties may be heard, and directs the Town Clerk to make such posting and

publication as contemplated by law.


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Seconded by Town Board member _______________ and duly put to vote, which resulted as

follows:Town Supervisor DAurizio voting

Town Board Member Aldersley voting

Town Board Member Essley voting

Town Board Member Marasco votingTown Board Member Perticone voting

proposed boats and boating resolution

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