§ 69-6. Speed and operation of boats.

A. 

It shall be unlawful to operate a boat at a speed greater than five miles per hour or at a speed which generates an excessive wake, whichever speed is lower, in an area used as a boat basin, beach area, anchorage or mooring area, or within 300 feet of the shoreline or of a dock, raft, float or anchored vessel.

B. 

Every person operating a boat shall at all times operate the same in a careful and prudent manner and at such a rate of speed as to not disturb the reasonable comfort of the occupants of other boats or endanger the property of another or so as to interfere with the free and proper use of the waters.

C. 

No boat shall be operated in such a manner as to cause a wake which is dangerous to life or limb of a person or to other boats or property.

D. 

No person shall operate a boat upon the waterways of the Town while he has 1/10 of 1% or more by weight of alcohol in his blood as shown by chemical analysis of his blood, breath, urine or saliva made pursuant to the procedure set forth by § 1194 of the Vehicle and Traffic Law of the State of New York.

E. 

Except where a slower speed is mandated by Subsections A, B or C of this section, or any other section of this chapter, no boat or vessel shall be operated at a speed greater than 10 miles per hour in Manhasset Bay southeast of a line drawn southerly from Plum Point to Kennilworth Club's dock in Great Neck or in the area of Hempstead Harbor bounded on the north by Buoy C-9 and on the south by Buoy N-10.

F. 

Mitchells Creek and Southern Hempstead Harbor.

[Added 6-11-1996 by L.L. No. 9-1996; amended 2-10-1998 by L.L. No. 6-1998; 6-26-2001 by L.L. No. 7-2001]

(1) 

No person shall operate any personal watercraft or similar watercraft in the waters of Mitchells Creek or in Southern Hempstead Harbor. Notwithstanding the provisions of § 69-30, violation of this subsection shall be punishable by a fine of not less than $250 nor more than $500, and for the second or subsequent offense within a period of five years committed with the same watercraft or with another watercraft owned by the same person, the watercraft itself shall be subject to forfeiture. Law enforcement officers are authorized to seize and to take into custody any watercraft subject to forfeiture, pending final disposition in court. The owner of the watercraft and the operator shall be jointly and severally liable for paying any fine imposed under this subsection.

(a) 

For purposes of this subsection, a "personal watercraft" is defined as a powered watercraft, 12 feet or less in length, designed to be ridden in either the standing or seated astride position.

(b) 

For purposes of this subsection:

[1] 

"Mitchells Creek" is defined as all waters connected to Manhasset Bay and situated in an arc of 135º running from south to northwest within a radius of 4,000 feet of a point on the shoreline of Manhasset Bay, identified as latitude 40º 49' 40" north, longitude 73º 44' 21" west, and identified as N219600/E2072200 on the NAD27, New York State Coordinate System.

[2] 

"Southern Hempstead Harbor" is defined as all waters within Mott's Cove, and all waters within Hempstead Harbor situated south and west of a line whose westernmost point is identified as latitude 40º 49' 34" north, longitude 73º 39' 21" west, and whose easternmost point is identified as latitude 40º 49' 20" north, longitude 73º 38' 51" west.

(2) 

The Director of Harbor and Marine Enforcement shall post a sign or signs as near as possible to the entrance of Mitchells Creek, and in and around Southern Hempstead Harbor, warning boaters of the foregoing prohibition.

[Amended 10-22-2002 by L.L. No. 15-2002; 6-29-2010 by L.L. No. 9-2010]

Amended 6-26-2001 by L.L. No. 7-2001