46 - Vessel regulation zone. - New York Statutes

§ 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.