Croton ban on boating!!!!!!!

Based upon section 2 of the NYS Navigation Law, Section 46: Vessel regulation zone that HOGAN published, if the governing authority did not go through the proper process to establish this zone, any citation received should be dismissed in court.

You could keep a copy of the regulation on board and tell the officer the signs are illegal due to an improperly followed process. They may or may not cite you at that point knowing that they may lose in court. I'm not sure about on-water citations, but officers need to show up in court for on-road citations.

How could we find out if the proper process was followed to establish this zone?

I agree with Rommer - the squeaky wheel gets the oil adage works both ways. Too much attention may stimulate them to go through the proper channels.
 
Wouldn't this be better addressed by contacting the Westchester County Attorney's office and asking why this is being done without the proper legal procedures being followed? Probably best to come from a resident of the county. Laws are more than signs posted. Representatives of the citizenship are the ones who enact laws and unless they've voted on it properly, the signs aren't worth the paper they're printed on. With the big Hudson River celebration coming, I really doubt Westchester wants to be known as unfriendly to boaters. That's bad PR and they want a piece of the festival's action.
 
Why rock the boat Bill.

let them think they have a law in place. The tickets won't stand up and we will be able to anchor there without fear of a fine.

If we make the calls then they might figure it out and go thru the process and in the end screw us all.

Jonathan
 
Yep, let them think they reacted appropriately to protect themselves in the wrongful death suit which may or may not be pending. From the county's point of view, they have warned us boaters so we can't sue...me, I'm OK with that.
 
If the police approach you, tell them you are an illegal alien and "no speakie da english".

They will direct you to the nearest food stamp and welfare offices and bid you a "happy day"
 
No trabajo Englise.
Pero mirar el barco grande rojo.
 
I have jury duty and you'd be surprised, wait check that, you would expect a number of citizens to use that ploy as an escape. It was sickening and many groaned every time someone played lame.

oui et le grand bateau rouge apporte nos maîtres
 
right after the accident, they were moving boats that were more like 50' from the shore. I was well within the 750' line and they didn't make me move. I've even dinked to the shore many many times since then and as long as I dinked to the area left of the rocks with the wire on top, they never hasseled me. There are two cops that patrol the beach and they can't walk over to that area so they don't bother.

and BTW, the owner of the boat that had the accident hasn't been out since.
 
Hey Mike-
Maybe it's not about fees, but about lawsuits - would the County limit its' liability from ambulance-chaser lawsuits by vertue of the signage??
 
That's what Alice said..."They erected the signs for liability reasons...and....nobody's getting a ticket are they?"
 
quote:
Originally posted by Good Grief

Hey Mike-
Maybe it's not about fees, but about lawsuits - would the County limit its' liability from ambulance-chaser lawsuits by vertue of the signage??

Click to expand...


Possibly, but only if they are put there legally.
 
quote:
Originally posted by Good Grief

Hey Mike-
Maybe it's not about fees, but about lawsuits - would the County limit its' liability from ambulance-chaser lawsuits by virtue of the signage??

Click to expand...


Regardless if there are signs or not, I don't believe the county or state would be liable in any case involving a person diving off a boat and killing himself. No where does the state/county actively promote the area as a swimming area to boaters. I don't believe the attractive nuisance argument will work in this case or any case involving boaters at Croton.

Anchor and swim at you own risk. That's what should be posted. That sign would be legal.

Jonathan
 
Jonathan, you know it isn't about Right vs Wrong, it's about slick a attorney working on commission vs NYS/Westchester County with deep pockets. Logic doesn't come into play, the emmotions of a jury do!
 
Chris, remember that it all boils down to the juries - THEY are the one's finding fault and THEY are the one's who are giving out the money. If THEY stopped, lawyers would not take the cases.
 
quote:
Originally posted by HOGAN

Chris, remember that it all boils down to the juries - THEY are the one's finding fault and THEY are the one's who are giving out the money. If THEY stopped, lawyers would not take the cases.

Click to expand...


As the caveman said, "SAY WHAT?"

It's the juries fault? Wow, thats one I hadn't heard before.
 
John, negligence attorneys work on a "contingency fee" which means that they only get paid if they recover money for the client, either by settlement or verdict. Therefore, if jury's stopped giving money, defendants would stop settling cases and plaintiff's attorneys would stop taking cases that had no merit.
 
Bronx juries hand out money like it's candy, even with weak cases that make it to trial.

Look it up! LOL.

Like Mike says, hand down a verdict in favor of the defendant in a case like this scenario and the plantiff's liar gets nothing.

Jonathan
 
The juries are doing what they do involuntarily. The lawyers are the ones finding ways to milk the system. They have nothing to lose, throw $hit at the wall and see what sticks. Losing lawyers need to pay the winning lawyers. Give that a shot and see how fast the frivolous crap comes to a stop.
 
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