N.Y. Navigation Law § 46: Vessel regulation zone

§ 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 or

regatta 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.