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The New Rules Project - Environment Sector Rules

NY enabling legislation for town jet ski bans

In 1999 New York adopted legislation to enable municipalities to regulate the use of jet skis and other personal watercraft on local waters. Using the public hearing process, any town in the state can pass an ordinance to prohibit the use of jet skis. All bans must not prevent access to federally maintained and designated waterways.

Below is the relevant section of New York's law. The full text is available here.

More:


New York State Law
Consolidated Laws, Town, Article 9
§ 130. Town ordinances.

The town board after a public hearing may enact, amend and repeal ordinances, rules and regulations not inconsistent with law, for the following purposes in addition to such other purposes as may be contemplated by the provisions of this chapter or other laws. In order to accomplish the regulation and control of such purposes, the town board may include in any such ordinance, rule or regulation provision for the issuance and revocation of a permit or permits, for the appointment of any town officers or employees to enforce such ordinance, rule or regulation and/or the terms and conditions of any permit issued thereunder, and for the collection of any reasonable uniform fee in connection therewith. The town clerk shall give notice of such hearing by the publication of a notice in at least one newspaper circulating in the town, specifying the time when and the place where such hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least ten days prior to the day specified for such hearing.

...

17. Regulation of vessels, personal watercraft and specialty prop-craft. Except when prohibited by the laws of this state or of the United States;

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With respect to personal watercraft and specialty prop-craft, regulations may include a prohibition of their use provided such prohibition does not prevent access to federally maintained and designated channels and, notwithstanding any other provision of law, such prohibition shall not be adopted unless the town complies with the public hearing requirements and the requirements for signage as set forth in section forty-six of the navigation law.

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