§ 167.29 Control of Beach and Water Use.
RCNY § 167.29
(a)Each bathing beach shall be under the supervision of a competent operator who shall require the careful observance of sanitary regulations prescribed in this Article and the requirements of the permit issued for such bathing beach.
(b)Waterfront Use.
(1)Bather Loading. The number of bathers permitted in the bathing water of a bathing beach shall not exceed the maximum permissible loading established by 24 RCNY Health Code § 167.37(c). The operator shall be responsible for restricting usage so that the maximum capacity is not exceeded.
(2)Surrounding Property. All areas of an owner's, lessee's, or operator's property that are adjacent to the designated beach and are accessible to the public for entry into the water for bathing shall be supervised or patrolled during hours of operation. Bathing is prohibited in areas where there is not lifeguard supervision.
(3)Safety Signs or Public Advisory. Signs to be posted shall be maintained and posted conspicuously in manner consistent with the requirements of this Article.
(4)Depth markings and safety lines shall be provided and maintained in accordance with the provisions of 24 RCNY Health Code § 167.37(e) and be clearly visible and readable.
(5)Diving. Diving shall not be permitted unless minimum depths in accordance with provisions contained in 24 RCNY Health Code § 167.37(d)(2) are provided.
(6)Bathing at 150 feet or more from shore is prohibited.
(7)Motorized Vehicle. No motorized vehicles shall be permitted on the beach, except emergency and maintenance vehicles operated by the aquatic supervisory staff, lifeguards, or operators.
(8)Water Sports. No boating, water skiing, fishing, scuba diving, or surfboarding shall be permitted in a bathing area when bathing is allowed. Floating lines, buoys, or signs may designate separate areas for the above activities.
(9)Swimming and bathing are prohibited outside of established hours, at night, during lightning or a thunderstorm, or in dangerous or unauthorized areas.
(10)Fishing. Where allowed at a bathing beach during bathing season, fishing shall be permitted only in areas where bathing has been temporarily prohibited.
(11)Electrical Devices. All plug-in electrical devices, such as portable announcing systems and radios, are prohibited within 20 feet of the water.
(12)Glass. Glass containers shall not be permitted on the beach.
(13)Refuse. During bathing season, all refuse, garbage and debris, whether water borne or produced in connection with the normal operation of the bathing beach, must be removed, stored, and disposed of in a sanitary manner to prevent harborage of rodents, insect attraction or breeding, odors, public health hazards, and environmental pollution.
