2006 New York Code - Special provisions relating to reckless operation, noise and speed on the Fulton Chain of Lakes

 
    §  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;  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 hour nor shall any
  pleasure vessel 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 such section have been complied with. The provisions
  of this section shall not apply to any Federal Aviation Agency  licensed
  aircraft.