2006 New York Code - Aids To Navigation.



 
    § 35. Aids  to navigation. 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.

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