Laws of the State of New York

services training and administration, in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of affecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.

CHAPTER 805

AN ACT to amend the navigation law, the penal law, the state finance law and the criminal procedure law, in relation to boating safety; altering criminal sanctions and procedures for persons charged with boating while intoxicated; increasing fines and penalties for other boating related violations and depositing them in the "I love NY waterways boating safety fund; and repealing certain provisions of the navigation law relating thereto

Became a law August 7, 1992, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 10 of section 40 of the navigation law, as amended by chapter 163 of the laws of 1991, is amended to read as follows:

10. Any violation of the provisions of this section, or of a rule_or regulation adopted pursuant pursuant to this section, shall constitute [an offense] a violation punishable by a fine [not to exceed fifty] of not less than twenty-five nor more than one hundred dollars.

§ 2. Section 40 of the navigation law is amended by adding a new subdivision 12 to read as follows:

12. Any person or business which, in the regular course of business, sells, offers for sale, leases or offers for lease new or used vessels or outboard motors to the general public shall, upon the sale or lease of any vessel or outboard motor, provide the purchaser with a list of required equipment as set forth in this section and any rule or regulation promulgated pursuant to this section.

§ 3. Section 40-a of the navigation law, as added by chapter 112 of the laws of 1978, is amended to read as follows:

§ 40-a. Manufacture and sale of outboard motors. No outboard motor manufactured after January first, nineteen hundred eighty shall be sold or offered for commercial sale by a dealer in this state unless such motor shall have permanently engraved thereon by the manufacturer identifying serial number. Such serial mark shall be of a permanent nature so as to prevent or discourage the removal, defacing, alteration or destruction thereof. Anyone violating the provisions of this section shall be guilty of a violation punishable by a fine [not to exceed] of not less than one hundred nor more than two hundred fifty dollars.

§ 4. Subdivision 5 of section 40-b of the navigation law, as added by chapter 427 of the laws of 1987, is amended to read as follows: 5. Any violation of this section shall be a violation punishable by a fine of [up to] not less than one hundred nor more than two hundred fifty dollars.

85. Subdivision 7 of section 41 of the navigation law, as added by chapter 326 of the laws of 1962, is amended to read as follows:

7. A violation of any provision of this section shall constitute [an offense] a violation punishable [by a fine not to exceed fifty dollars] as set forth in section seventy-three-c of this article.

§ 6. Section 42 of the navigation law is amended to read as follows: § 42. Searchlights; unlawful to flash. Any licensed master, pilot, joint pilot and engineer or operator, who shall flash or cause to be flashed, the rays of a searchlight into the pilot house or into the eyes of the master, pilot, or operator of an approaching vessel shall be liable to have his license revoked. Any person committing such act shall EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

be guilty of a misdemeanor punishable [upon conviction by a fine not exceeding fifty dollars or by imprisonment not exceeding six months, or both] as set forth in section seventy-three-b of this article. Searchlights shall not be known as navigating lights.

§ 7. Subdivision 4 of section 43 of the navigation law, as amended by chapter 163 of the laws of 1991, is amended to read as follows:

4. A violation of any provision of this section, or of a rule or regulation adopted pursuant to subdivision three of this section, shall constitute an offense] a violation punishable by a fine [not to exceed fifty] of not less than twenty-five nor more than one hundred dollars. § 8. Section 44 of the navigation law, as amended by chapter 659 of the laws of 1990, is amended to read as follows:

§ 44. Mufflers; cut-outs. The exhaust of every internal combustion engine used on any vessel on the navigable waters of the state ΟΙ any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, shall be effectively muffled by equipment SO constructed and used as to muffle the noise of the exhaust in a reasonable manner. The use of cut-outs is prohibited, except for vessels competing in a regatta or boat races approved as provided in section thirty-four of this chapter, and for such vessels while on trial runs, during a period not to exceed forty-eight hours immediately preceding such regatta and for such vessels while competing in official trials for speed records during a period not to exceed forty-eight hours immediately following such regatta. Failure to muffle the noise of the exhaust in a reasonable manner or the use of cut-outs except as herein authorized, shall be deemed a misdemeanor punishable as set forth in section seventy-three-b of this article.

5 9. Section 44-a of the navigation law, as amended by chapter 420 of the laws of 1968, is amended to read as follows:

§ 44-a. Sound of exhaust on gasoline motor boat to be muffled. A person who operates a boat, barge, vessel or other floating structure, on any of the lakes, rivers, streams, canals or other waters of the state, excepting Lake Erie and the Saint Lawrence river, and the waters of Lake Ontario outside of Great Sodus and Fair Haven bays, propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naptha* or other substance, without having the exhaust from the engine run through a muffler so constructed and used as to muffle the noise of the exhaust in a reasonable manner, shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article; but the provisions of this section shall not apply to any boat, barge, vessel or floating structure while actually competing in a definite race over given course held under the auspices of any bona fide club or racing association, between the hours of nine o'clock in the morning and sunset, provided due written notice of the date of such race or regatta has been given to the commissioner of transportation at least fifteen days prior to such race, pursuant to the provisions of section thirty-six of this chapter, and all the provisions of such section having been complied with.

Hydroaeroplanes, except those on the waters of Lake George which are engaged in the business of carrying passengers for hire or sight-seeing purposes to and fro over the waters of the lake, shall not be deemed boats or floating structures within the meaning of this section.

§ 10. Section 44-b of the navigation law, as added by chapter 1031 of the laws of 1965, is amended to read as follows:

§ 44-b. Special provision as to muffling sound of exhaust on motor boats in Salmon and Oneida rivers and Ontario bay. A person who operates a boat, barge, vessel or other floating structure, on Salmon river or on Ontario bay within Oswego county, or on Oneida river within Oswego and Onondaga counties, propelled wholly or partly by an engine operated by the explosion of gas, gasoline, naptha* or other substance, without having the exhaust from the engine run through a muffler so constructed and used as to muffle the noise of the exhaust in a reasonable manner, shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article. Hydroaeroplanes shall not be deemed boats or floating structures within the meaning of this section.

§ 11. Section 44-c of the navigation law, as added by chapter 1031 of the laws of 1965, is amended to read as follows:

§ 44-c. Motor boats to be provided with mufflers; exceptions. It shall be unlawful to use a boat propelled in whole or in part by gas, gasoline or naptha*, or similar explosive medium, unless the same is

* So in original. (Word misspelled.)

provided with an under-water exhaust or muffler so constructed and used as to muffle the noise of the explosion. The provisions of this section shall apply only to tidal waters of the waters of this state wherein the tide ebbs and flows and shall not apply to boats competing in a race held under the direction of a duly incorporated yacht club or racing association. Any person who operates a boat in violation of the provisions of this section shall be guilty of a misdemeanor [and] punishable [by a fine of not more than twenty-five dollars] as set forth in section Seventy-three-b of this article.

§ 12. The section heading of section 45 of the navigation law, as amended by chapter 794 of the laws of 1960, is amended to read

follows:

[Speed and reckless] Reckless operation of a vessel; speed.

13. Subdivision 1 of section 45 of the navigation law, as amended by chapter 659 of the laws of 1990, is amended to read as follows:

1. (a) Every master or operator of a vessel shall at all times navigate the same in a careful and prudent manner [and at such rate of speed] in such a way as not to unreasonably interfere with the free and proper use of the navigable waters of the state and all tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties or unreasonably endanger any vessel or person. Reckless operation is prohibited. Any person operating a vessel in violation of this subdivision shall be guilty of a misdemeanor punishable as set forth in section seventy-three-b of this article.

(b) No person shall operate a vessel at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing.

§ 14. Subdivision 5 of section 45 of the navigation law, as amended by chapter 805 of the laws of 1986, is amended to read as follows:

5. The violation of any of the provisions of this section other than paragraph (a) of subdivision one of this section shall constitute [an offense] a violation punishable [by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment for not exceeding thirty days or by both such fine and imprisonment for a conviction of a first offense; by a fine of not less than fifty dollars nor more than two hundred dollars or by imprisonment for not exceeding ninety days or by both such fine and imprisonment for conviction of a second offense committed within a period of twenty-four months; by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not exceeding one hundred eighty days, or by both such fine and imprisonment for conviction of a third or subsequent offense committed within a period of twenty-four months] as set forth in section seventy-three-c of this article.

15. Section 45 of the navigation law is amended by adding a new subdivision 7 to read as follows:

7. (a) The court may suspend a person's privilege to operate a vessel for a period of three months upon conviction for reckless operation of a vessel pursuant to any applicable provision of this article.

(b) The court shall suspend a person's privilege to operate and may suspend a vessel registration:

(1) for a period of six months where a person is convicted of reckless operation of a vessel pursuant to any applicable provision of this article after having been convicted of any such offense within the preceding eighteen months;

(2) for a period of six months upon a third or subsequent conviction for any violation of any law, ordinance or regulation limiting the speed of a vessel or any provision constituted a misdemeanor by this article except for the commission of a third or subsequent misdemeanor as set forth in subparagraph three of this paragraph;

(3) for a period of twelve months where a person is convicted of reckless operation of a vessel pursuant to any applicable provision of this article after having been twice convicted of any such offense within the preceding eighteen months.

(c) When a person is convicted pursuant to this article and is subject to a suspension pursuant to this subdivision, the court shall, in addition to any other penalties invoked under this article, require the convicted person, as a condition of the sentence, to complete a boat ing safety course of the state, U.S. Power Squadrons, or U.S. Coast Guard EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

Auxiliary and show proof of successful completion of such course to the court or its designee.

§ 16. Section 45-a of the navigation law, as added by chapter 1031 of the laws of 1965, is amended to read as follows:

45-a. Beaching a disabled water craft. Except in an emergency, it shall not be lawful to intentionally beach or abandon any vessel, ship, boat or other water craft on underwater lands of navigable waters of the state surrounding Richmond county, without the permission of the or lessees of the uplands abutting such underwater lands. Any violation of this section shall be a misdemeanor punishable as set forth in section seventy-three-b of this article.

owners

§ 17. Section 45-aa of the navigation law, as added by chapter 805 of the laws of 1986 and subdivision 1-a as added by chapter 700 of the laws of 1987, is amended to read as follows:

§ 45-aa. Special provisions relating to reckless operation and speed on Canandaigua lake; Keuka lake. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws【,] (a) every pleasure vessel operated on Canandaigua lake, which is bordered by Ontario and Yates counties, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person, and]; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventy-three-b of this ticle; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour. No] nor shall any pleasure vessel[,] be operated [on Canandaigua lake, shall operate] at a speed exceeding twenty-five miles per hour between one-half hour after sunset and onehalf hour before sunrise; a violation of this paragraph shall be a violation punishable as set forth in section seventy-three-c of this article.

1-a. Notwithstanding any other provisions of this chapter or any inconsistent local laws[,] (a) every vessel operated on Keuka Lake, which is bordered by Steuben and Yates counties, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person[, and]; 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[. No] nor shall any vessel [operated on Keuka Lake shall] 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. No vessel shall be operated within two hundred feet of the shore, a dock, pier, raft or float or an anchored or moored vessel at a speed exceeding five miles per hour, unless such vessel is being operated near such shore, dock, float, pier, raft or anchored vessel for the purpose of enabling a person engaged in water skiing to take off or land. A violation of this subdivision shall be a violation punishable as set forth in section seventy-three-c of this article.

3. 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 between nine o'clock in the morning and sunset, 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 this section have been complied with.

4. [Any person who operates a pleasure vessel in violation of any of the provisions of this section shall be guilty of a violation punishable to the same extent as a violation of section forty-five of this chapter. 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 pleasure vessel within its limits, but no such municipality shall have the power to make less restrictive any of such provisions.

§ 18. Subdivision 4 and the closing paragraph of section 45-aaa of the navigation law, as added by chapter 668 of the laws of 1987, are amended to read as follows:

4. Any person who operates a vessel in violation of any of the provisions of this section shall be guilty of a violation punishable [to the same extent as a violation of section forty-five of this chapter] as set forth in section seventy-three-c of this article.

5. Nothing in this section shall be construed as prohibiting any town or county from continuing, adopting or enacting any other local laws, resolutions or ordinances related to persons operating a vessel within its limits, but no such municipality shall have the power to restrictive any of such provisions.

make less

§ 19. Section 45-aaaa of the navigation law, as added by chapter 97 of the laws of 1988, is amended to read as follows:

§ 45-aaaa. Special provisions relating to reckless operation and speed on Greenwood Lake. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws[,] (a) every pleasure vessel operated on Greenwood Lake within Orange county, shall be operated in a careful and prudent manner, in such a way as not to unreasonably interfere with or endanger any other vessel or person[, and]; a violation of this paragraph shall be a misdemeanor punishable as set forth in section seventythree-b of this article; and (b) no vessel shall be operated on such lake at a speed exceeding forty-five miles per hour. No] nor shall any pleasure vessel[,] be operated [on Greenwood lake, shall operate] at a speed exceeding fifteen 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.

[4. Any person who operates a pleasure vessel in violation of any of the provisions of this section shall be guilty of a violation punishable to the same extent as a violation of section forty-five of this chapter. ]

§ 20. Section 45-aaaa of the navigation law, as amended by chapter 410 of the laws of 1990, is amended to read as follows:

§ 45-aaaa. Special provisions relating to speed on Sodus Bay. 1. No vessel shall be operated within that area of the Sodus Bay Channel and Sodus Bay bounded and described as follows: Beginning at the Sodus outer light at the north-westerly most point of the west breakwall of the Sodus Bay Channel and running thence southerly to the south-west corner of such breakwall; thence running south-westerly along the shoreline of Sodus Point; thence south-easterly along the shoreline of Sand Point to the easterly most point on said Sand Point, said point being more specifically defined as latitude 431558*, longitude 765814+; thence northerly across Sodus Bay to a point on the east breakwall, said point more specifically being defined as latitude 43°16' 4", longitude 76°58′ 3′′; thence westerly along said breakwall to the south-west corner and then northerly along the east pier to the east pier light on the Sodus Bay Channel; thence north-westerly to the point in place of beginning in a manner or at a speed that causes a wake that unreasonably interferes with or endangers a dock, pier, raft, float, anchored or moored vessel or swimmer but in no event at a speed exceeding five miles per hour.

2. For the purpose of complying with the provisions of this section, the sheriff of the county of Wayne is directed to place buoy markers on that portion of Sodus Bay between the easterly most point of Sand Point and the point on east breakwall which is the termination of the zone established above for the purpose of advising users of the bay of the existence of the limited speed zone established herein.

* So in original. ("431558" should be "43°15′ 58′′". So in original. "765814" should be "76°58′ 14′′".

EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

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Laws of the State of New York, Volumen3,Partes323-858