S T A T E O F N E W Y O R K
________________________________________________________________________
6032
2017-2018 Regular Sessions
I N S E N A T E
May 10, 2017
___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when
printed to be committed to the Committee on Cultural Affairs, Tourism,
Parks and Recreation
AN ACT to amend the navigation law, in relation to the placement of
navigational aids adjacent to real property designated as "Coney
Island"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 35 of the navigation law, as amended by chapter 659
of the laws of 1990, is amended to read as follows:
§ 35. Aids to navigation. 1. 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 judg-
ment, 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 coun-
ties, 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 authori-
zation has been granted the said aids to navigation shall be deemed
lawfully placed. If, in the judgment of the commissioner, aids to navi-
gation 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10715-03-7
S. 6032 2
the aids to navigation in accordance with such instructions. In case of
failure by the person so directed to remove the aids to navigation with-
in 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 navi-
gation 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.
2. THE COMMISSIONER SHALL REQUIRE THE PLACING OF AIDS TO NAVIGATION IN
THE NAVIGABLE WATERS ADJACENT TO ALL REAL PROPERTY DESIGNATED AS "CONEY
ISLAND". SUCH AIDS SHALL BE PLACED FIVE HUNDRED FEET FROM THE SHORELINE
OF SUCH REAL PROPERTY, IN WHICH NO PUBLIC OR PLEASURE VESSEL SHALL BE
PERMITTED TO TRAVEL. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW,
RULE, OR REGULATION, ANY INDIVIDUAL FOUND TO BE OPERATING A VESSEL WITH-
IN SUCH DESIGNATED SAFETY ZONE SHALL BE FINED FIFTY DOLLARS PER
VIOLATION. THE COMMISSIONER SHALL MAKE RULES AND REGULATIONS ESTABLISH-
ING THE SIZE, SHAPE, AND COLOR OF SUCH AIDS TO NAVIGATION. EACH AID TO
NAVIGATION PLACED IN ACCORDANCE WITH THIS SUBDIVISION SHALL BEAR IN A
CONSPICUOUS PLACE AND IN LEGIBLE CONDITION THE LETTERS "NYS".
§ 2. This act shall take effect immediately.