Section 35. Aids to navigation  


Latest version.
  • 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.