Laws of the State of New York

3. 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.

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

any of

§ 21. Section 45-aaaaa of the navigation law, as added by chapter 400 of the laws of 1989, is amended to read as follows:

§ 45-aaaaa. Special provisions relating to reckless operation and speed on Lake Alice. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws[,] (a) every pleasure vessel operated on Lake Alice within Orleans 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 is 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 thirty-five miles per hour; 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 one hundred feet of the shore, 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 such section thirty-four 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. ]

§ 22. Section 45-aaaaa of the navigation law, as added by chapter 509 of the laws of 1989, is amended to read as follows:

[45-aaaaa] 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[, 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 hourĮ. No] nor shall any pleasure vessel [operated on the Fulton Chain of Lakes 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. 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 [this] such section have been complied with. The provisions of this section shall not apply to any Federal Aviation Agency

licensed aircraft.

[6. Any person who fails to comply with any of the provisions of this section shall be guilty of a violation punishable by a fine of not less than twenty-five dollars nor more than one hundred dollars for the first offense; by a fine of not less than fifty dollars nor more than two hundred dollars for conviction of the second offense committed within a period of twenty-four months; by a fine of not less than one hundred dollars nor more than two hundred dollars for conviction of the third offense or any subsequent offense committed within a period of twentyfour months. ]

§ 23. Section 45-c of the navigation law, as added by chapter 534 of the laws of 1990, is amended to read as follows:

§ 45-c. Special provisions relating to reckless operation and speed on Conesus lake. 1. Notwithstanding_any other provisions of this chapter or any inconsistent local laws[](a) every pleasure vessel operated on Conesus lake within the county of Livingston, 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 such lake at a speed exceeding forty-five miles per hour. No] nor shall any pleasure vessel[,] be operated [on Conesus lake, shall operate] 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.

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

§ 24. The third unnumbered paragraph of section 46 of the navigation law, as amended by chapter 802 of the laws of 1960, is amended to read as follows:

violating any of the regulations adopted pursuant to the provisions of this section shall be guilty of a misdemeanor punishable [upon conviction by a fine not exceeding fifty dollars or by imprisonment for not more than ninety days or by both] as set forth in section seventy-three-b of this article. The provisions of this section shall not apply to any vessel while actually competing in a duly authorized regatta as provided in section thirty-four of this chapter, and provided due written notice of the date of such race or regatta has been filed with the clerk of the county where in such vessel regulation zone has been established.

§ 25. Section 46-aaa of the navigation law, as added by chapter 434 of the laws of 1990, is amended to read as follows:

§ 46-aaa. Special provisions relating to reckless operation and speed on certain lakes in Hamilton county. 1. Notwithstanding any other provisions of this chapter or any inconsistent local laws[](a) every pleasure vessel operated on Blue Mountain lake, Eagle lake, Indian lake, and Utowana lake, 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, 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 lakes at a speed exceeding fortyfive miles per hour[. No] nor shall any pleasure vessel [operated on Blue Mountain lake, Eagle lake, Indian lake, and Utowana lake shall] be operated at a speed exceeding twenty-five miles per hour between onehalf 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 on Blue Mountain lake, Eagle lake, Indian lake and Utowana lake 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. A violation of this subdivision is 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 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 [this] such section have been complied with. The provisions of this section shall not apply to any Federal Aviation Agency

licensed aircraft.

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.] Nothing in this section shall be construed as prohibiting any town or county from adopting or enacting any local laws, resolutions or ordinances related to persons operating a vessel within its limits, but municipality shall have the power to make less restrictive any of such provisions.

no such

§ 26. Subdivision 5 of section 47 of the navigation law, as amended by chapter 686 of the laws of 1968, is amended to read as follows:

5. A violation of subdivision one of this section shall constitute a misdemeanor punishable as set forth in section seventy-three-b of this article.

A violation of subdivision two of this section shall constitute [an offense] a violation punishable by a fine of not less than [five] twenty-five dollars nor more than one hundred dollars.

§ 27. Subdivisions 1 and 3 of section 49 of the navigation law, as amended by chapter 448 of the laws of 1971, the opening paragraphs of subdivisions 1 and 3 as amended by chapter 659 of the laws of 1990, paragraph b of subdivision 1 as separately amended by chapters 260 and

650 of the laws of 1989, paragraph c of subdivision 3 as amended by chapter 650 of the laws of 1989, such section as renumbered by chapter 450 of the laws of 1986, are amended to read as follows:

1. No person under the age of [sixteen] eighteen years shall operate a mechanically propelled vessel on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, unless:

a. the operator is accompanied therein by a person who is [sixteen] eighteen years of age or older, or,

the operator is ten years of age or older and is the holder of a boating safety certificate issued to him by the commissioner, the United States Power Squadrons or the United States coast guard auxiliary.

3. No person who is the owner of a mechanically propelled vessel shall knowingly authorize or permit the operation thereof on the navigable waters of the state or any tidewaters bordering on or lying within the boundaries of Nassau and Suffolk counties, unless:

a. the operator is [sixteen] eighteen years of age or older or, b. the operator is accompanied therein by a person [sixteen] eighteen years of age or older or,

C. the operator is ten years of age or older and is the holder of a boating safety certificate issued to him by the commissioner, the United States Power Squadrons or the United States Coast Guard Auxiliary.

§ 28. Subdivision 4 of section 49 of the navigation law is repealed and a new subdivision 4 is added to read as follows:

4. Whenever any police officer or peace officer authorized to enforce the provisions of this chapter having reasonable cause to believe that a person is operating a vessel in violation of section forty-nine-a of this article, or any other provision of this article for which a suspension may be imposed, such officer may demand of such person his or her name, address and an explanation of his or her conduct.

§ 29. Subdivision 6 of section 49 of the navigation law as amended by chapter 450 of the laws of 1986, is amended to read as follows:

6. A violation of [subdivision] subdivisions one [or] and two of this section shall constitute [an offense] a violation punishable [by a fine not exceeding one hundred dollars] as set forth in section seventy

three-c of this article.

§ 30. The navigation law is amended by adding a new section 49-a to read as follows:

§ 49-a. Operation of a vessel while under the influence of alcohol or drugs. 1. Definitions. As used in this section, unless the context clearly indicates otherwise:

(a) The term "vessel" shall be every description of watercraft or other artificial contrivance propelled in whole or in part by mechanical power and, which is used or capable of being used as a means of transportation over water, and which is underway and not at anchor or made fast to the shore or ground. The term "vessel" shall include a "public vessel" as defined herein unless otherwise specified.

(b) The term "public vessel" shall mean and include every vessel which is propelled in whole or in part by mechanical power and is used or operated for commercial purposes on the navigable waters of the state; that is either carrying passengers, carrying freight, towing, or for any other use, for which a compensation is received, either directly or where provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement.

(c) The term "waters of the state" means all of the waterways or bodies of water located within New York state or that part of any body of water which is adjacent to New York state over which the state has territorial jurisdiction, on which a vessel or public vessel may be used or operated, including Nassau and Suffolk counties.

2. Offenses: criminal penalties. (a) No person shall operate a vessel upon the waters of the state while his ability to operate such vessel is impaired by the consumption of alcohol. A violation of this subdivision shall be an offense and shall be punishable by a fine of not less than two hundred fifty dollars nor more than three hundred fifty dollars, or by imprisonment in a penitentiary or county jail for not more than fifteen days, or by both such fine and imprisonment. A person who operates a vessel in violation of this subdivision after being convicted of violation of any subdivision of this section within the preceding five years shall be punished by a fine of not less than five hundred dollars EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

nor more than fifteen hundred dollars, or by imprisonment of not more than thirty days in a penitentiary or county jail or by both such fine and imprisonment.

(b) No such person shall operate a vessel other than a public vessel while he has .10 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section. (c) No such person shall operate a public vessel while he has .04 of one per centum or more by weight of alcohol in his blood, breath, urine, or saliva, as determined by the chemical test made pursuant to the provisions of subdivision seven of this section.

(d) No person shall operate a vessel while he is in an intoxicated condition.

(e) No person shall operate a vessel while his ability to operate such vessel is impaired by the use of a drug as defined by section one hundred fourteen-a of the vehicle and traffic law.

(f) A violation of paragraph (b), (c), (d) or (e) of this subdivision shall be a misdemeanor and shall be punishable by imprisonment in a penitentiary or county jail for not more than ninety days, or by a fine of not less than three hundred fifty dollars nor more than five hundred dollars, or by both such fine and imprisonment. A person who operates a vessel in violation of paragraph (b), (c), (d) or (e) of this subdivision after having been convicted of a violation of paragraph (b), (c), (d) or (e) of this subdivision, or of operating a vessel or public vessel while intoxicated or while under the influence of drugs, within the preceding ten years, shall be guilty of a misdemeanor and shall be punished by imprisonment for not more than one year, or by a fine of not less than five hundred nor more than fifteen hundred dollars, or by both such fine and imprisonment. A person who operates a vessel in violation of paragraph (b), (c), (d) or (e) of this subdivision after having been twice convicted of a violation of any of such paragraph (b), (c), (d) or (e) of this subdivision or of operating a vessel or public vessel while intoxicated or under the influence of drugs, within the preceding ten years, shall be guilty of a class E felony and shall be punished by fine of not less than five hundred dollars nor more than five thousand dollars or by a period of imprisonment as provided in the penal law, by both such fine and imprisonment.

3. Privilege to operate a vessel; suspensions. (a) The court shall suspend a person's privilege to operate a vessel and may suspend a vessel registration for:

(1) a period of six months where an operator is convicted of a violation of paragraph (a) of subdivision two of this section;

(2) a period of twelve months where an operator is convicted of a violation of paragraph (b), (c), (d) or (e) of subdivision two of this section;

(3) a period of twenty-four months where a person is convicted of a violation of paragraph (b), (c), (d) or (e) of subdivision two of this section after having been convicted of a violation of paragraph (b), (c), (d) or (e) of subdivision two of this section or of operating vessel or public vessel while intoxicated or under the influence of drugs within the preceding ten years. drugs "The

court shall report each conviction recorded pursuant to this section to the commissioner of motor vehicles and the commissioner of parks, recreation and historic preservation on forms provided by the department of motor vehicles. Such reports shall include the length of any suspension imposed imposed on the privilege to operate a vessel and any suspension imposed against a vessel registration. The department motor vehicles shall maintain a record of all convictions and suspensions in order to effectuate the provisions of this section.

4. (a) Operation of vessel while operating privileges have been suspended. No person shall operate a vessel upon the waters of the state while operating privileges have been suspended pursuant to this section. A violation of the provisions of this paragraph shall be a violation and shall be punishable by a fine of not less than three hundred fifty dollars nor more than seven hundred fifty dollars or by imprisonment for a period of not more than ninety days, or by both such fine and imprisonment.

(b) A person who is in violation of the provisions of paragraph (a) of this subdivision, and in addition is in violation of the provisions of any paragraph of subdivision two of this section arising out of the same incident, shall be guilty of a misdemeanor punishable by a fine of not less than five hundred dollars nor more than five thousand dollars or by

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Laws of the State of New York, Volume 3, Parts 323-858