Legislation
SECTION 46-AA
Special provisions relating to speed on lakes in Chautauqua county
Navigation (NAV) CHAPTER 37, ARTICLE 4, PART 1
§ 46-aa. Special provisions relating to speed on lakes in Chautauqua
county. 1. The county legislature of the county of Chautauqua may adopt,
amend and enforce local laws, rules and regulations not inconsistent
with the laws of this state or the United States, with respect to
regulating and restricting the rate of speed of vessels while being
operated on any navigable waters, or part thereof, located within
Chautauqua county, including, but not limited to regulating or
restricting the operation of vessels within two hundred feet of the
shore, a dock, pier, raft or float or an anchored or moored vessel in a
manner or at a speed that does not cause a wake that unreasonably
interferes with or endangers such dock, pier, raft or float or an
anchored or moored vessel but in no event at a speed exceeding five
miles per hour, unless for the purpose of enabling a person engaged in
water skiing to take off or land, or regulating or restricting the speed
of vessels on such lake between one-half hour after sunset and one-half
hour before sunrise.
2. Local laws, rules and regulations adopted pursuant to the
provisions of this section shall not apply to any pleasure vessel
competing in or practicing for a regatta or boat race over a specified
course held by a bona fide club or racing association, provided that due
written notice of the date of the race has been given to the appropriate
law enforcement agency at least fifteen days prior to such race,
pursuant to the provisions of section thirty-four of this chapter, and
all provisions of such section have been complied with.
3. No local law, rule or regulation adopted pursuant to the provisions
of this section shall take effect until it shall have been submitted to
and approved in writing by the commissioner of parks, recreation and
historic preservation.
Nothing in this section shall be construed as prohibiting any city,
town or village from continuing, adopting or enacting any other local
laws relating to persons operating a vessel within its limits, but no
such municipality shall have the power to make less restrictive any of
such provisions than any local law, rule or regulation which may be
adopted pursuant to provisions of this section.
county. 1. The county legislature of the county of Chautauqua may adopt,
amend and enforce local laws, rules and regulations not inconsistent
with the laws of this state or the United States, with respect to
regulating and restricting the rate of speed of vessels while being
operated on any navigable waters, or part thereof, located within
Chautauqua county, including, but not limited to regulating or
restricting the operation of vessels within two hundred feet of the
shore, a dock, pier, raft or float or an anchored or moored vessel in a
manner or at a speed that does not cause a wake that unreasonably
interferes with or endangers such dock, pier, raft or float or an
anchored or moored vessel but in no event at a speed exceeding five
miles per hour, unless for the purpose of enabling a person engaged in
water skiing to take off or land, or regulating or restricting the speed
of vessels on such lake between one-half hour after sunset and one-half
hour before sunrise.
2. Local laws, rules and regulations adopted pursuant to the
provisions of this section shall not apply to any pleasure vessel
competing in or practicing for a regatta or boat race over a specified
course held by a bona fide club or racing association, provided that due
written notice of the date of the race has been given to the appropriate
law enforcement agency at least fifteen days prior to such race,
pursuant to the provisions of section thirty-four of this chapter, and
all provisions of such section have been complied with.
3. No local law, rule or regulation adopted pursuant to the provisions
of this section shall take effect until it shall have been submitted to
and approved in writing by the commissioner of parks, recreation and
historic preservation.
Nothing in this section shall be construed as prohibiting any city,
town or village from continuing, adopting or enacting any other local
laws relating to persons operating a vessel within its limits, but no
such municipality shall have the power to make less restrictive any of
such provisions than any local law, rule or regulation which may be
adopted pursuant to provisions of this section.