Section 46. Vessel regulation zone  


Latest version.
  • 1. (a) The board of supervisors or other
      legislative  governing  body  of  a  county, or, should no action on the
      matter be taken by such board or body, the governing body of a  city  or
      incorporated  village,  by  a  three-quarters  vote  of its members, may
      establish a vessel regulation zone and within the limitations prescribed
      by this chapter, adopt regulations for the use of a lake or  part  of  a
      lake  or  other body of water within the county, or in case of a city or
      incorporated village of the part of said waters adjacent thereto, if  it
      shall  deem that such establishment of a zone will promote the safety of
      the people and be  for  the  best  interests  of  the  county,  city  or
      incorporated village.
        (b)  The  governing  body  of  a  city  or  incorporated village, by a
      three-quarters vote of its members, may establish a personal  watercraft
      and  specialty  prop-craft  regulation  zone  and within the limitations
      prescribed by this chapter, adopt regulations for the use of a  lake  or
      part  of  a  lake  or  other  body  of  water  adjacent  to such city or
      incorporated village, if it shall deem that such establishment of a zone
      will promote the safety of the people and be for the best  interests  of
      the  city  or  incorporated village. With respect to personal watercraft
      and specialty prop-craft, such regulations may include a prohibition  of
      their use provided such prohibition does not prevent access to federally
      maintained and designated navigation channels.
        2.  Before  any such zone shall be established, a public hearing shall
      be held before  the  members  of  the  board  of  supervisors  or  other
      legislative  governing  body  of the county or the governing body of the
      city or  incorporated  village,  or  a  committee  designated  for  that
      purpose, upon not less than thirty days notice of such hearing published
      in  at  least two newspapers having general circulation in the territory
      affected.  Such notice will specify the time and place of  hearing,  the
      limits  of the proposed zone which shall not exceed fifteen hundred feet
      from the shore line at low water mark of the body  of  water  where  the
      zone  is  to  be established and the regulations proposed to be adopted.
      Following such hearing the  committee  shall  report  to  the  board  of
      supervisors,  or  other  legislative governing body of the county or the
      governing body of the city or incorporated village, and  such  board  or
      governing  body  may  adopt  the  limits  of  the  proposed zone and its
      regulations. It shall  be  the  duty  of  the  clerk  of  the  board  of
      supervisors,  or  other  legislative governing body of the county or the
      clerk of the governing body of  the  city  or  incorporated  village  to
      promptly  file  a  certified  copy of such established vessel regulation
      zone and regulations adopted in the office of the clerk  of  the  county
      wherein such zone is established.
        3.   When  such  regulation  zones  are  established  there  shall  be
      constructed by the county, city  or  incorporated  village  establishing
      same,  on the shore near each boundary, a signboard facing the water and
      bearing thereon in large letters "VESSEL REGULATION ZONE" with the  rate
      of  speed  limited in that area and/or such other restrictions as may be
      adopted.   Such signboard shall be  conspicuously  placed.  Any  expense
      incurred  in the formation or operation of the zone or district shall be
      a county, city or incorporated village charge and shall be paid  for  in
      the same manner as other charges against such political units.
        4. Any person violating any of the regulations adopted pursuant to the
      provisions  of  this section shall be guilty of a misdemeanor punishable
      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 wherein such  vessel
      regulation zone has been established.
        5.  It  shall  be  the  duty of all peace officers, acting pursuant to
      their  special  duties,  police  officers   and   traveling   navigation
      inspectors, to enforce the provisions of this section.