§ 35. Aids to navigation. The commissioner may authorize, through the
issuance of a revocable permit, the placing of aids to navigation in the
navigable waters of the state, and any tidewaters bordering on or lying
within the boundaries of Nassau and Suffolk counties, to mark
obstructions to navigation, or for any other purpose, if, in his
judgment, it will promote safety of navigation. Any person interested in
the navigation of the navigable waters of the state, and any tidewaters
bordering on or lying within the boundaries of Nassau and Suffolk
counties, who may desire to place such aids to navigation therein,
without expense to the state, may make application to the commissioner
and submit a map suitable for blue print reproduction showing the
proposed location of such aids to navigation and their color and
meaning. The commissioner shall make rules and regulations establishing
the size, shape, color and significance of such aids to navigation. When
authorization has been granted the said aids to navigation shall be
deemed lawfully placed. If, in the judgment of the commissioner, aids to
navigation authorized by him are found to be improperly placed or that
the reason for their placement no longer exists, he may revoke the
permit authorizing their placement by written notice mailed to the
person to whom the permit was issued directing their removal within a
specified time. The person to whom such notice is directed shall
thereupon remove the aids to navigation in accordance with such
instructions. In case of failure by the person so directed to remove the
aids to navigation within the specified time, the commissioner may cause
their removal. The cost and expense of such removal shall be a charge
against the person authorized to place the aids to navigation and it
shall be recoverable through action in any court of competent
jurisdiction. Each aid to navigation lawfully placed shall bear in a
conspicuous place and in legible condition the letters "NYS". Any person
placing such designating letters on an aid to navigation not lawfully
placed, in accordance with this section, shall be guilty of a
misdemeanor and upon conviction by a court of competent jurisdiction
shall be subject to a fine of not more than twenty-five dollars for each
and every offense. Any person who shall moor or fasten a vessel to a
lawfully placed aid to navigation or shall wilfully damage, alter the
location of, or otherwise render ineffective a lawfully placed aid to
navigation shall be guilty of a misdemeanor and upon conviction before a
court of competent jurisdiction shall be subject to a fine of not more
than fifty dollars for each and every offense.