Section 46-AA. Special provisions relating to speed on lakes in Chautauqua county  


Latest version.
  • 1. The county legislature of the county of Chautauqua may adopt,
      amend and enforce local laws, rules  and  regulations  not  inconsistent
      with  the  laws  of  this  state  or  the United States, with respect to
      regulating and restricting the rate of  speed  of  vessels  while  being
      operated  on  any  navigable  waters,  or  part  thereof, located within
      Chautauqua  county,  including,  but  not  limited  to   regulating   or
      restricting  the  operation  of  vessels  within two hundred feet of the
      shore, a dock, pier, raft or float or an anchored or moored vessel in  a
      manner  or  at  a  speed  that  does  not cause 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 regulating or restricting the speed
      of  vessels on such lake between one-half hour after sunset and one-half
      hour before sunrise.
        2.  Local  laws,  rules  and  regulations  adopted  pursuant  to   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, 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 have been complied with.
        3. No local law, rule or regulation adopted pursuant to the provisions
      of  this section shall take effect until it shall have been submitted to
      and approved in writing by the commissioner  of  parks,  recreation  and
      historic preservation.
        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 vessel within its limits, but no
      such municipality shall have the power to make less restrictive  any  of
      such  provisions  than  any  local  law, rule or regulation which may be
      adopted pursuant to provisions of this section.