[HISTORY: Adopted by the Board of Trustees of the Village of Saltaire: Article III, adopted 4-23-1977 as LL No. 1, 1977; Article IV, 7-12-1980 as LL No. 9, 1980; Article V, adopted 4-21-1990 as part of LL No. 5, 1990; Article VI, adopted 4-21-1990 as part of LL No. 5, 1990. Amendments noted where applicable.]

ARTICLE I

Definitions

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

BOAT -- Includes every description of watercraft or other artificial contrivance used or capable of being used as a means of transportation on the waters of the United States.

CLAM POND COVE -- The waterway adjacent to the shores of the Incorporated Village of Saltaire and within the area bounded on the north by Bay Promenade and the high-water line of Great South Bay, extending from the easterly end of Bay Promenade to the prolongation southerly of a line parallel to and two hundred forty (240) feet west of the division line of Lot Nos. 5 and 6 on the Map of Partition of Great South Beach, 1878, filed in the Suffolk County Clerk's Office as Map No. 310; on the east by the prolongation southerly of said line; on the south by Lighthouse Promenade; on the west by Navy Walk, as said Bay Promenade, Lighthouse Promenade and Navy Walk are shown on the Official Map of the Village of Saltaire.

OCCUPANCY OR OCCUPY -- The physical presence of any person on a boat, except for the purpose and while actually in the process of boarding or debarking said boat.

TERRITORIAL OR RIPARIAN JURISDICTION -- Such areas of the waterways within or adjacent to the Incorporated Village of Saltaire over which the Village may, by law, exercise and impose such laws, rules and regulations as it shall determine are necessary for the safe and peaceful use of said waterways.

ARTICLE II

Occupancy of Moored Boats

As a matter of police and sanitary regulations, from sunset to sunrise there shall be no occupancy of any boat or vessel moored within the territorial and riparian jurisdiction of the Village, except while boarding such boat or vessel for the purpose of mooring or while mooring and debarking such boat or vessel.

§ 14-3. Dumping in waters prohibited. [Adopted 4-21-1990 by LL No. 5, 1990]

The dumping or discharging of materials of any kind in the waters within the territorial or riparian jurisdiction of the Village is prohibited.

ARTICLE III

Mooring and Anchoring in Clam Pond Cave

This Article shall be known as the "Local Law Regulating Mooring and Anchoring of Boats in Clam Pond Cove, Incorporated Village of Saltaire, New York."

It is hereby declared and found that the mooring and anchoring of boats in the waterway known as Clam Pond Cove, hereinafter more specifically described, have caused serious pollution of the Cove, loud and disruptive noises and other nuisances during all hours of the day and night and are matters which affect the public health, safety and general welfare of the people of the Incorporated Village of Saltaire and the natural ecology of the waters of the Cove and the marshlands adjacent thereto and should be subject to restrictions and regulations hereinafter set forth.

1. During the period from May 1 through October 31 in each year, no person shall occupy any boat while such boat is moored or anchored in Clam Pond Cove between the hours of 7:00 p.m. and 7:00 a.m. [Amended 11-13-1999 by L.L. No. 3, 1999]
2. Any owner of a boat required to be equipped with a marine toilet pollution control device pursuant to the regulations of the United States Coast Guard shall maintain such device in good working order at all times within Clam Pond Cove, and the owner or occupant of any such boat moored or anchored in Clam Pond Cove shall allow any police officer or other peace officer designated by the Board of Trustees of the Incorporated Village of Saltaire to board such boat to determine whether the same conforms to regulations of the United States Coast Guard.

ARTICLE IV

Regulation of Motor Boats

§ 14-7. Operation. [Amended 7-15-1983 by LL No. 3, 1983]

Its having been determined that the unregulated operation and docking of motorboats on the waters within and adjacent to the village has, in the past, constituted a safety and waterborne traffic hazard to people and property, disturbed wildlife and been a source of noise pollution, all of which adversely affect the welfare of the inhabitants of the village, and in order to minimize such adverse conditions while preserving reasonable opportunities for waterfront recreation, no person shall hereafter, within the territorial or reparian jurisdiction of the Village:

1. Operate any power-driven boat or other motorized amphibious vehicle unless it is properly documented by the federal government or currently registered with the State of New York.
2. Operate any such boat or vehicle unless its motor is equipped with a functioning muffler or sound-abating device for reducing engine noise.
3. Operate any such boat or vehicle within one hundred (100) feet of any shoreline, marina, dock, pier or moored or anchored vessel at a speed exceeding five (5) miles per hour.
4. Operate such boat or vehicle for the purpose of towing a person or persons on water skis, surfboards or similar devices unless there is present in the boat or vehicle a person at least ten (10) years of age, other than the operator, in a position to keep under observation the person or persons being towed.
5. Operate any such boat or vehicle anywhere within Clam Pond Cove at a speed exceeding five (5) miles per hour.
6. Dock or beach any such boat anywhere within the marina of the village without a permit.
7. Dock or moor any such boat against the bayfront bulkhead or the outside of the marina docks without the written permission of the Chief of the Security force, or his authorized representative. [Added 7-19-1986 by L.L. No. 1, 1986]
8. Operate or dock or moor any such boat or vehicle against the bayfront swimming docks or bring or authorize to be brought any boat within the confines of the designated bay swimming area at any time. [Added 4-21-1990 by L.L. No. 5, 1990]

ARTICLE V

Regulation of Other Boats

No person shall operate a sail- or manually-powered boat within the confines of the bay swimming area or dock or moor such boat against the bayfront bulkhead or the outside of the marina. No person shall dock or beach such boat within or along any Village-owned property or facility without a permit.

ARTICLE VI

General Regulations

The Board may require a permit and charge a fee therefor, in such reasonable amount as it may from time to time determine, for the docking or beaching of any boat using Village-owned property or facilities for such purpose.

No person shall dock, moor or beach any boat in such place or in such manner so as to obstruct or otherwise impede the free flow of boat traffic on the water, or free access to or from the water, or otherwise obstruct or interfere with the free movement of persons or traffic within the village.

The Board may from time to time adopt and authorize the enforcement of such additional rules and regulations governing the use of Village-owned marine facilities as it may determine are necessary for the safe and effective operation of the same, the violation of which rules or regulations shall be subject to such fines as may be permitted by law.

The Board may from time to time adopt and authorize the enforcement of such additional rules and regulations pertaining to the use of the waterways within the territorial and riparian jurisdiction of the Village, including but not limited to types of permitted boats or other watercraft, hours of operation of boats, permissible noise levels thereof, restricting certain areas for specific uses of persons or types of boats, or any other rule or regulation which the Board shall determine is necessary to promote and insure the safety of the Village waterways and of the peaceable enjoyment of same by residents and boat operators.