Title NAV, Navigation

§ 1. Short title. This chapter shall be known as the navigation law,\nand shall apply to navigation and the use of navigable waters of the\nstate and regulations hereby created.\n

§ 10. Duties of the commissioner of parks, recreation and historic\npreservation and the commissioner of environmental conservation. The\ncommissioner of parks, recreation and historic preservation shall\nadminister the provisions of this chapter, except as such administration\n…

§ 100. Definitions. Within the provisions of this article, the words\n"motor boat" shall be deemed to mean and include a mechanically\npropelled pleasure vessel having a source of power other than steam.\nThe words include a craft, temporarily or permanently equipped with\ndetac…

§ 101. Motor boat regulation zone. As soon as practicable, the\ncommissioner shall place on the mainland at some convenient point at or\nnear the water's edge at Fishers Landing, Jefferson county, New York,\nand not more than one mile westerly thereof, a signboard facing the\nwa…

§ 102. Rules governing the operation of motor boats. The following\nrules for the operation of motor boats within such zone are hereby\nestablished: 1. No motor boat shall be operated within a harbor line at\na speed exceeding five miles per hour. The waters of the Saint Lawrenc…

§ 103. Violations. (a)(1) Any person who violates any of the\nprovisions of section one hundred two of this article or any local law,\nordinance, order, rule or regulation adopted pursuant to this article,\nshall be guilty of a violation unless such conduct is declared to be a\n…

§ 104. Defacing or removing serial numbers or identification marks on\noutboard motors. Any person who: 1. Wilfully, removes, defaces, covers,\nalters or destroys the manufacturer's serial number or any other\ndistinguishing number or identification mark on any outboard motor, o…

§ 110. Licenses. The local governing body of each county or city in\nthis state may grant licenses for keeping ferries in their respective\ncounties and cities, to such persons as the respective local governing\nbody may deem proper, for a term not exceeding five years. No licen…

§ 111. Undertaking. Every person applying for such license shall,\nbefore the same is granted, execute and file with the clerk of the local\ngoverning body of a county or city his undertaking with one or more\nsureties, approved by such local governing body, to the effect that h…

§ 112. Appendages for rope ferries. Any person licensed to keep a\nferry may, with the written consent of the town superintendent of the\ntown where such ferry may be, erect and maintain within the limits of\nthe highway, at such point as shall be designated in such consent, a\n…

§ 113. When schedules to be posted. Every person licensed to operate\nor control any ferry in this state, or between this state and any other\nstate, operating from or to a city of fifty thousand inhabitants or\nover, shall post in a conspicuous and accessible position outside a…

§ 114. Ferries. A person who:\n 1. Maintains a ferry for profit or hire upon any of the waters of this\nstate without authority of law; or\n 2. Having entered into a recognizance to keep or maintain a ferry,\nviolates the condition of such recognizance,\n Is guilty of a misdemea…

§ 115. Ferries and ferry terminal. In the event that a village is\ndisconnected geographically by water from the mainland of the state and\nwhich is not connected by any bridge or viaduct wholly or partly within\nits corporate limits with such mainland, the board of trustees of …

§ 115-a. Ferry service. A village which owns property which is\ndisconnected geographically by water from the mainland area of the\nvillage and the mainland of the state, which such property is not\nconnected by any bridge or viaduct with such mainland area, may acquire,\nby pur…

§ 12. Inspector; qualifications. The commissioner may appoint an\ninspector or inspectors, who shall have a practical knowledge of the\nconstruction, equipment and management of vessels and who shall possess\nsuch experience and qualifications as required to carry out and fulfil…

§ 120. Dams and bridges. No dam shall be erected on any river or\nstream in this state, recognized by law or use as a public highway for\nthe purpose of floating and running lumber, logs or other timber, over\nor upon the same, unless there be built in such dam an apron, at leas…

§ 121. Booms and other obstructions to be opened on notice; penalty\nfor failure. Every person who shall build any boom or other obstruction\nin the waters of any river or stream, for the purpose of stopping or\nsecuring lumber, logs or other timber shall within ten days after t…

§ 122. Acquisition for public use. Any person desiring to use a river\nor stream in this state, which is or shall be recognized by law or use\nas a public highway, for running logs, timber or wood, by floating or\nflooding, may institute proceedings for the acquisition of the ri…

§ 123. Marks on logs and timber to be recorded. Every person who shall\nrun any logs or timber down any river or stream recognized by law or use\nas a public highway shall select some mark different from any mark\npreviously recorded, and shall put the same on each log or stick …

§ 123-a. Defacing marks on logs or lumber. A person who (a) unlawfully\ncuts out, alters, or defaces any mark, made on any log or lumber\nfloating in any of the waters of this state or lying upon land, whether\nor not such mark be recorded pursuant to the provisions of the\nnavi…

§ 124. Persons prohibited from landing logs, timber or lumber. No\nperson shall stop, take up or draw to, or lodge on the shore of any\nriver or stream used for floating logs, timber or lumber, or on any\nisland therein, any lumber, logs, timber, boards or planks floating in\nsu…

§ 125. Application of article. This article shall not apply to the\nHudson river, the Allegheny river and its tributaries, nor the Delaware\nriver and its tributaries, nor the waters located in Franklin county,\nnor the Oswegatchie river and its tributaries, nor the Grasse river…

§ 13. Inspector; duties. The inspector shall annually, and at such\nother times as they shall deem it expedient, or as the commissioner may\ndirect, inspect every public vessel, except vessels which navigate on\nwaters over which the United States exercises active control. The\n…

§ 130. Powers and duties of sheriff. The sheriff of every county in\nwhich any wrecked property shall be found, when no owner or other person\nentitled to the possession of such property shall appear, shall\nseverally take all necessary measures for saving and securing such\npro…

§ 130-a. Applicability to abandoned historic shipwrecks. This article\ndeals with recovery and salvage of only those wrecks which are not\nabandoned historic shipwrecks.\n

§ 131. Sale of wreck. If the property so saved shall be perishable, so\nas to render the sale thereof expedient, the officer, in whose custody\nthe same shall be, shall apply to the county court of the county, or the\ncity court of the city, where such property may be, by a veri…

§ 132. Delivery of wreck or proceeds to claimant. If, within a year\nafter such wrecked property shall have been found and saved, any person\nshall claim the same or the proceeds thereof, as owner or consignee, or\nthe agent of the owner or consignee, and shall establish his cla…

§ 133. Claimant's undertaking. No such order shall, however, be made\nunless the claimant shall deliver to such court an undertaking with one\nor more sufficient sureties to be approved by the court, such claimant\nor his representative, within two years after the date of the\nu…

§ 134. When owner may sue. The rejection by the court of any claim for\nwrecked property shall not preclude the claimant from maintaining an\naction for the recovery of such property or its proceeds against the\nofficer in whose hands the same shall be; but if the plaintiff in a…

§ 135. Claim for salvage. Every officer to whom any order duly made,\nfor the delivery of the wrecked property, or its proceeds, shall be\ndirected, shall present to the claimant exhibiting such order a written\nstatement of the claims for salvage and expenses on such property a…

§ 136. Detention of wreck. All sheriffs, and all persons employed by\nthem, and all other persons aiding and assisting in the recovery and\npreservation of wrecked property, shall be entitled to a reasonable\nallowance as salvage for their services, and to all expenses incurred …

§ 137. Appointment of appraisers. If the amount of salvage and\nexpenses on property saved shall not be adjusted by agreement of the\nparties, the owner or consignee of such property, or the master or\nsupercargo, having charge thereof at the time the same was wrecked, or a\ncla…

§ 138. Sale and disposition of property. 1. If within a year after\nwrecked property shall have been saved, no person shall have appeared to\nclaim the same, or if the salvage and expenses on such property shall\nnot have been paid within three months after the same shall have b…

§ 139. Publication of notice of wrecked property. Every sheriff, into\nwhose possession any wrecked property shall come, shall immediately\nthereafter publish a notice directed to all parties interested, for at\nleast four weeks in succession, in one or more of the newspapers\np…

§ 139-a. Keeping wrecked goods a misdemeanor. A person who takes away\ngoods or other property not his own from a stranded vessel, or any goods\nor other property cast by the sea upon the land or found in a bay or\ncreek, or who knowingly becomes possessed of any such goods or o…

§ 139-b. Defacing marks upon wrecked property. A person who defaces or\nobliterates the marks upon wrecked property, or in any manner disguises\nthe appearance thereof, with intent to prevent the owner from\ndiscovering its identity, or who destroys or suppresses any invoice,\nb…

§ 139-c. Officer unlawfully detaining wrecked property. An officer,\nwhose duties pertain in any way to wrecked property, who, without\nauthority of law, detains such property or proceeds thereof, after the\nsalvage and expenses chargeable thereon have been paid or offered to\nh…

§ 14. Inspector; licenses. The inspector is authorized and empowered\nto grant licenses as provided in article four of this chapter.\n

§ 140. Definitions. As used in this article, the following terms shall\nmean and include: (a) Municipality. A county, city, town, or village; a\ncounty, city, town or village on behalf of an improvement district; or\nany two or more of the foregoing which are acting jointly in c…

§ 140-a. Offenses against the navigation law. Any person having the\ncharge, command or control of a vessel who:\n 1. Carries or permits a vessel to carry a greater number of passengers\nthan is stated in the certificate of inspection of such vessel issued\nunder section sixty-t…

§ 141. Harbors of refuge. (a) The commissioner, on behalf of the\nstate, is hereby authorized to enter into agreements with the federal\ngovernment and with municipalities, and municipalities are hereby\nauthorized to enter into agreements with the commissioner, concerning\nthe …

§ 142. Local marine facilities. (a) The commissioner is hereby\nauthorized to enter into agreements with municipalities, and\nmunicipalities are hereby authorized to enter into agreements with the\ncommissioner, concerning the construction, operation and maintenance of\nlocal ma…

§ 143. State marine facilities. The commissioner is hereby authorized,\nwithin amounts appropriated therefor as allocated by the director of the\nbudget, to construct, reconstruct, improve, operate and maintain state\nmarine facilities, including state marine facilities incident…

§ 144. Rules and regulations. The commissioner may adopt rules and\nregulations governing approval, financing, construction, maintenance and\noperation of projects.\n

§ 15. Inspector; fees. The inspector is authorized to collect fees as\nprovided in article four of this chapter.\n

§ 16. Inspector; reports. The inspector shall on or about the first\nday of January in each year, make a verified report to the commissioner\ncontaining a detailed statement of the name and registry number of each\nvessel examined and licensed, the name and registry number of ea…

§ 17. Traveling navigation inspectors. The commissioner may appoint\nnot to exceed three traveling navigation inspectors whose qualifications\nshall include a full knowledge of the navigation law and regulations\nestablished thereunder and a practical experience in the navigatio…

§ 170. Legislative intent. The legislature finds and declares that New\nYork's lands and waters constitute a unique and delicately balanced\nresource; that the protection and preservation of these lands and waters\npromotes the health, safety and welfare of the people of this st…

§ 171. Purposes. It is the purpose of this article to ensure a clean\nenvironment and healthy economy for the state by preventing the\nunregulated discharge of petroleum which may result in damage to lands,\nwaters or natural resources of the state by authorizing the department\…

§ 172. Definitions. Unless the context clearly indicates otherwise,\nthe following terms shall have the following meanings:\n 1. "Administrator" means the chief executive, within the department of\naudit and control, of the New York environmental protection and spill\ncompensati…