LegalFix

45-AAAAAA*2 - Special Provisions Relating to Reckless Operation, Noise and Speed on the Fulton Chain of Lakes.

NY Nav L § 45-AAAAAA-2 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

* § 45-aaaaaa. Special provisions relating to reckless operation, noise and speed on the Fulton Chain of Lakes. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws (a) every pleasure vessel operated on the Fulton Chain of Lakes, consisting of Old Forge Pond and First through Eighth Lakes, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any vessel or person; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventy-three-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour nor shall any pleasure vessel be operated at a speed exceeding twenty-five miles per hour between one-half hour after sunset and one-half hour before sunrise; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article.

2. Except for Sixth and Seventh Lakes, no vessel shall be operated on the Fulton Chain of Lakes within two hundred feet of the shore, a dock, pier, raft or float or an anchored or moored vessel in a manner or at such a speed that causes 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 such vessel is required to run at full throttle through an established course to measure the vessel's decibel level pursuant to the directions of a law enforcement officer. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article.

3. Notwithstanding any other provision of this chapter or any inconsistent local laws, no person shall operate any pleasure vessel, upon the waters of the Fulton Chain of Lakes that exceeds the following noise levels: (a) for engines manufactured before September first, nineteen hundred eighty-nine, a noise level of eighty-six dbl.; (b) for engines manufactured on or after September first, nineteen hundred eighty-nine and before September first, nineteen hundred ninety-one, a noise level of eighty-four dbl.; (c) and for engines manufactured after September first, nineteen hundred ninety-one, a noise level of eighty-two dbl. All decibel levels are to be measured on a decibel meter gauged to an A-weighted scale. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article.

4. Any law enforcement officer from the state of New York, Herkimer or Hamilton county, or any political subdivision of those counties, may direct the operator of any pleasure vessel reasonably believed to be exceeding the allowable noise levels on the Fulton Chain of Lakes to an area established by the officer for measuring vessel noise levels. At that area the vessel shall be operated at full throttle through a straight course not to exceed one hundred yards. Decibel measurements shall be measured at a distance of at least fifty feet from the pleasure vessel being tested while such vessel is at full throttle.

5. The provisions of this section shall not apply to any 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 agencies 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. The provisions of this section shall not apply to any Federal Aviation Agency licensed aircraft.

* NB There are 2 § 45-aaaaaa's

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.