New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle I - Office of Parks, Recreation and Historic Preservation
Chapter V - Marine And Recreational Vehicles
Subchapter A - Motorboats
Part 446 - Appearance Ticket And Simplified Information
Payment of State Aid to Counties, Cities, Towns or Villages Enforcing Navigation Law
Section 446.24 - General agreement

Current through Register Vol. 46, No. 39, September 25, 2024

(a) All personnel assigned to duty of Navigation Law enforcement shall be mentally and physically capable of performing the duties to which they are assigned. They shall have a good knowledge of the provisions of the Navigation Law and the powers, duties and limitation of authority of peace officers. They shall have a thorough knowledge of the operation of small boats and the rules and regulations pertaining to such operation.

(b) All persons engaged in the Navigation Law enforcement program shall actively cooperate with the commissioner or his authorized representative, including but not limited to the answering of questions, making reports and showing records as requested. The commissioner reserves the right to refuse payment to any county, city, town or village for that portion of authorized expenditures paid to personnel deemed to be unfit to carry out the duties assigned.

(c) All counties, cities, towns and villages participating in the State aid program agree to:

(1) investigate complaints or Navigation Law violations within their jurisdiction, including those referred to the county, city, town or village by the commissioner;

(2) investigate accidents occurring within their jurisdiction;

(3) enforce the provisions of the Navigation Law that are applicable to waters within their jurisdiction;

(4) submit such reports as the commissioner may desire;

(5) keep records pertaining to violations, accidents and authorized expenditures;

(6) advise boat owners on the safe method of operating boats;

(7) assist in the distribution of such public information as may be provided by the commissioner;

(8) certify that all claims and documents which are part thereof are true and correct;

(9) purchase and maintain uniform navigation summonses and issue same for violations of the Navigation Law;

(10) maintain an up-to-date navigation enforcement logbook, by day, for each navigation season. The log shall contain the hours patrolled, the body or bodies of water patrolled, the name of the person(s) on patrol, a brief resume of any accidents investigated, and any extraordinary equipment needed in the investigation. Upon demand of the commissioner and/or his authorized representative, the log shall be made available for examination; and

(11) make available any or all equipment purchased or rented under the State aid program to the commissioner and/or his authorized representative for the purpose of inspection, investigation or any other official duties.

(d) The commissioner reserves the right to deny payment of any claim or part thereof which is not deemed to be a reasonable and necessary expenditure.

(e) The commissioner reserves the right to withhold payment on any claim pending the investigation of the contents of said claim.

(f) The commissioner reserves the right to deny payment of any claim if any part of the said claim is found to be false and submitted with intent to defraud.

(g) The commissioner reserves the right to deny payment, after investigation, to any county, city, town or village that, in his opinion, is not adequately enforcing the provisions of the Navigation Law.

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