New York Codes, Rules and Regulations (NYCRR)

Title 9 Part 446

Executive Department

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9 NYCRR 446.0 - Earlier source heading: 446.0 to 446.1 [Repealed]

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9 NYCRR 446.2 - Earlier source heading: 446.2 to 446.8 [Repealed]

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9 NYCRR 446.9 - Earlier source heading: 446.9 to 446.10 [Repealed]

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9 NYCRR 446.11 - Earlier source heading: 446.11 to 446.12 [Repealed]

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9 NYCRR 446.13 - Earlier source heading: [Repealed]

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9 NYCRR 446.14 - Earlier source heading: 446.14 to 446.17 [Repealed]

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9 NYCRR 446.21 - Definitions

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As used in sections 446.21-446.25 of this Part:

(a)State aid shall mean payments by the State to a county, city, town or village toward the cost of enforcing the provisions of the Navigation Law.
(b)Enforcement year shall mean the calendar year.
(c)County shall mean each county in the State of New York, except those counties which lie within the territorial limits of the City of New York. The term county with reference to such counties lying within the territorial limits of the City of New York shall mean the City of New York.
(d)Cities, towns or villages shall mean each city, town or village lying within a county that does not enforce the provisions of the Navigation Law.
(e)Authorized expenditures shall mean those expenditures determined by the commissioner to be reasonable and necessary for the adequate and proper enforcement of the provisions of the Navigation Law. Such authorized expenditures are listed under section 446.25 of this Part.
(f)County, city, town or village representative shall mean the person or persons authorized by the county board of supervisors, city council, town board, or village board of trustees to deal directly with the commissioner in the administration of the State aid program.
(g)Commissioner shall mean the Commissioner of Parks, Recreation and Historic Preservation.
(h)Authorized equipment shall mean all equipment required on boats by section 40 of the Navigation Law, and shall include boats, motors, lifesaving, firefighting, safety and communications equipment, boat trailers, and any other items that the commissioner deems reasonable and necessary, which are used exclusively in the duties performed and associated with navigation safety and enforcement.
(i)Enforcement shall mean to actively maintain a navigation patrol, to effect the issuance of uniform navigation summonses for violations of the Navigation Law and/or any rule or regulation enacted thereunder.

9 NYCRR 446.22 - Effective date of State aid

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On and after July 1, 1965, the amount of State aid to be allocated to counties, cities, towns and villages pursuant to article 4-A of the Navigation Law, as amended by chapter 168 of the Laws of 1965, shall be determined by the commissioner as hereinafter provided. Section 79-b of the Navigation Law, as amended by chapter 168 of the Laws of 1965, provides that each county, city, town or village enforcing the provisions of the Navigation Law, including section 71 thereof, shall be entitled to receive State aid as hereinafter provided. A county, city, town or village seeking reimbursement for expenditures incurred in enforcement of the Navigation Law shall submit to the commissioner, by October 1st of each year, an estimate of such information as he may require. Within one month after the close of the calendar year, each county, city, town or village shall submit to the commissioner a statement of authorized expenditures actually incurred, in such form and containing such information as he may require.

9 NYCRR 446.23 - Formula for dispersion of State aid

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The amount of State aid to be allocated to counties, cities, towns or villages, pursuant to this Part, shall be determined by the percentage proportion which the authorized expenditure of each individual county, city, town or village, not exceeding $100,000 for each county, including municipalities therein, shall bear to the total authorized expenditures of all the counties, cities, towns or villages for enforcement of the Navigation Law during such enforcement year. Such percentage proportion shall then be applied against an amount equal to one half of the amount received by the commissioner in fees received for registration of motor boats during such enforcement year. The amount thus determined shall constitute the maximum amount of State aid to which each county, city, town or village shall be entitled; provided, however, no county, city, town or village shall receive State aid in an amount in excess of one half of its authorized expenditures as approved by the commissioner for such enforcement year ($50,000 maximum) per county, including municipalities therein.

9 NYCRR 446.24 - General agreement

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(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.

9 NYCRR 446.25 - Authorized expenditures

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(a)Authorized equipment.

The following items shall be deemed authorized expenditures, and the cost of such items, when used pursuant to the provisions of this Part, shall be reimbursable, in accordance with section 446.23 of this Part, to any county, city, town or village upon submission of a claim in accordance with this Part. However, other items of expenditure may be authorized if found to be reasonable and necessary. Prior approval of an expenditure not contained herein must be obtained from the commissioner, or enforcement representative; otherwise such expenditures will not be considered authorized expenditures and will not qualify for reimbursement under this Part. All authorized equipment which has originally been included in a claim, and for which reimbursement has been made in accordance with this Part, shall not be disposed of for a period of five years without prior approval of the commissioner. In the event that authorized equipment, which has originally been included in a claim and for which reimbursement has been made in accordance with this Part, is in need of replacement, the trade-in value or fair market value shall not be included in the claim for reimbursement of the purchase of new equipment. The cost of replacing authorized equipment which has been lost or destroyed by fire or other mishap may be claimed. However, any amount received from insurance coverage in payment or partial payment for the loss of such equipment shall be deducted from the claim for the new equipment purchase.

(1)Boats and boat equipment, provided that the total authorized expenditure for any one boat, including engine(s), trailer and other integral equipment, shall not exceed $50,000:

Anchors

Bilge pumps

Boat covers

Boat hooks

Boat ladders

Boat motors

Boat trailers

Bumpers and fenders

Canvases

Compasses

Cushions

Fire extinguishers (portable and installed)

Horns

Life rings

Life saving devices, approved

Lights, running

Lights, spot

Paddles

Penetrators

Ropes and lines

Sirens

Speedometers

(2)Communications and equipment:

Megaphones

Radios (installations and repair for boat units only)

Telephones (navigation only)

(3)Navigation school expenses:

Navigation school lodging (not to exceed State rate)

Navigation school mileage in a private car (not exceeding county, city, town and village rates)

Navigation school meals

(4)Special clothing:

Badges

Caps

Deck shoes

Jackets

Raincoats

Rain hats

Shirts

(5)Miscellaneous:

Binoculars

Boat trailer tires

Boat trailer hitches

Bolt cutters

Buoys and signs, regulatory

Buoys, mooring (for patrol vessels)

Cigarette lighter for boat (plug-in light)

Dragging equipment

Flags

Inhalators

Logbooks

Log case

(6)Operation and maintenance costs as follows (automobiles excluded):
(i)all repairs, both general and emergency;
(ii)cost of gas and oil (exclusive of Federal and State tax);
(iii)mooring cost;
(iv)winter storage;
(v)general overhaul and/or equipment such as radios, radar, etc.,
(vi)insurance cost;
(vii)personal traveling expenses (including attendances at conferences, etc. However, they must be in accordance with the provisions of section 77-b of the General Municipal Law);
(viii)automobile mileage allowance at the approved county, city, town or village rate (when auto is used in Navigation Law enforcement);
(ix)personnel training costs (payable in cases of Navigation Law enforcement training including attendances at schools, training conferences, etc. However, they must be in accordance with the provisions of section 77-b of the General Municipal Law);
(x)miscellaneous office supplies and expenses (itemize and explain).
(b)
(1)Personnel service, temporarily assigned to Navigation Law enforcement.

The wages of personnel assigned to Navigation Law enforcement during the period in which the person actually performs the duty of enforcing the Navigation Law shall be an authorized expenditure. When an officer is assigned navigation duties, an itemized account of such time and the reasons therefor must be submitted and that portion of wages earned while actually engaged in Navigation Law enforcement shall be deemed an authorized expenditure. However, no claim may be submitted unless each person involved has been engaged in the duty of Navigation Law enforcement for a total period of not less than 40 hours during the enforcement year.

(2)In addition to vouchers or payrolls, a separate certificate will be required for permanent and temporary personnel which must include name of person, title or position, rate of pay, total time worked, and periods in which work was performed, and must be certified by the department head of the enforcement unit of a county, city, town or village submitting the claim.
(3)Prior approval must be obtained from the commissioner before supervisory personnel can be reimbursed and only on the basis of proven expenditures.
(c)Rentals.

Equipment may be rented by counties, cities, towns or villages for use by the Navigation Law enforcement unit. However, the claim for rental of such equipment shall not exceed one fifth of the total new purchase price for the season's rent of such equipment. Equipment rented for short periods of time shall not exceed the following authorized expenditure allowed: one fifth of the total new price divided by 10 equals maximum rental allowance for one week. A contract or agreement made by a county, city, town or village regarding the rental of any equipment for use in navigation enforcement, must be submitted to and approved in writing by the commissioner before it will be deemed an authorized expenditure.

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