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This entry was published on 2014-09-22
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SECTION 46
Vessel regulation zone
Navigation (NAV) CHAPTER 37, ARTICLE 4, PART 1
§ 46. Vessel regulation zone. 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.