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HomeMy WebLinkAbout2004-Ordinance_Watercraft Regulation in Certain Shoreline Areas of Cayuga Lake.pdfApril 13, 2004 ORDINANCE PROVIDING FOR THE REGULATION OF WATERCRAFT IN CERTAIN SHORELINE AREAS OF CAYUGA LAKE Pursuant to Subdivision 17 of Section 130 of the Town Law of the State of New York, the Town Board of the Town of Ulysses, Tompkins County, New York, does ordain and enact as follows: SECTION 1. Definitions. A. "Vessel' shall mean "vessel' as defined in Subdivision 6 of Section 2 of the New York State Navigation Law or any successor or amendment to such subdivision and section. B. "Watercraft" shall mean any vessel, vehicle, or contrivance intended, designed, or utilized for travel over or under water, and that is propelled by a motor or engine of any type, whether fueled by gasoline or otherwise. C. "Personal watercraft" or "PWC" 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 the conventional manner of sitting or standing inside the vessel. D. "Specialty prop -craft" shall mean a Vessel which is powered by an outboard motor or 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. E. "Non -motor Powered Vessel' shall mean a Vessel powered by a force other than a motor, specifically wind or human muscle power, such as canoe, kayak, paddleboat, crew boat, row boat, sailboat or sailboard. F. "Cayuga Lake" shall mean the whole of Cayuga Lake to its high water mark, all subsurface lands, and all streams, creeks, rivers, canals, inlets, and other waterways connected thereto, whether navigable or not, located in the Town of Ulysses. G. "Shoreline" shall mean any location where the surface of Cayuga Lake meets land, including emergent islands and structures of all sorts; but not including wharves, docks, and similar structures made, placed or installed by any person or entity. H. "Daytime" shall mean one-half hour after sunrise to one-half hour before sunset and "nighttime" shall mean one-half hour before sunset to one-half hour after sunrise. SECTION 2. Vessel Regulation Zone. A vessel regulation zone is established so that no watercraft shall exceed a speed of (a) 5 miles per hour within 100 feet of any shoreline, dock, pier, marked swimming area, or anchored, moored; floating or non -motorized vessel, or (b) IOmiles per hour when between 100 feet and 500 feet of any shoreline, or marked swimming area, with exception made for vessels operated for the purpose of enabling a person engaged in water skiing to take off or land, or c) 45 mph during the daytime and 25 mph during the nighttime when between 500 and 1500 feet of any shoreline or marked swimming area. SECTION 3. Limits on operations of PWCs and Specialty Prop -Craft No person shall operate a PWC or a Specialty Prop -Craft at any time before 9 a.m. or after the earlier of 8: 00 pm or one- half hour before sunset. SECTION 4. Limits on operators under sixteen years of age No person under the age of 16 years may operate a PWC or Specialty Prop -Craft unless he or she is: Accompanied by a parent or guardian, an adult over the age of 18 years or possesses a current and valid boating certificate issued by the State of New York, the United States Coast Guard, or an appropriate Power Squadron. SECTION 5. Limitations on noise levels. In no case shall the noise level of any watercraft, or any activities conducted from such watercraft, exceed 65dBA during daytime and 55dBA during nighttime as measured from the shore. SECTION 6. Applicability. This Ordinance shall apply only to those portions of Cayuga Lake falling under the jurisdiction of the Town of Ulysses. SECTION 7. Violations. A violation of this Ordinance shall be punishable as set forth in Section 73-c of the New York State Navigation Law or any successor or amendment to such section. SECTION 8. Effective dates: This Ordinance shall become effective April 13, 2004, or 10 days after publication of a copy of this Ordinance or a summary or abstract of same in the official newspaper of the Town as required by Town Law Section 133, whichever is later. SECTION 9. Partial Invalidity. If any provision of this Ordinance is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this Ordinance, which shall remain in full force and effect.