ARTICLES

August 18 2004 Peace and Quiet

May 25, 2004 State to post speed limit signs on St Lawrence

September 8, 2003 Speedy boaters may be sued

August 27, 2003 ATTORNEY LEADS CRACKDOWN ON FAST, NOISY BOATS ON RIVER

Peace & Quiet
By Allen Benas

Last Sunday was a beautiful day on the river. The sun shown bright and the winds were light. "I know why you live here" my party said. "enjoy it" I said, "it won't last long." Beginning about 10 A.M. I was proven right. First came the herds of jet skis followed by the roar of the cigarette boats that took up the rest of the day. Only seeking out less traveled routes would have made it more pleasurable.

I have come to the firm conclusion that when people rent jet skis they leave both their personal belongings and their brains behind in their vehicles as they head out on the river. Having a boat that throws a rather substantial wake when underway only acts as a decoy for them to try their skills at seeing how far they can travel through the air. Unfortunately the wake is the largest right behind the boat and having them pass within ten feet of the transom of my boat is too frequent an occurrence. I could lasso them as they fly by if I were a cowboy. This is dangerous!

Then come the roaring high speed boats spreading their exhaust noise all over the river. I have never rode in one of them but can only suspect that with the roar going out the back and left behind them, the operators and passengers miss a good deal of the noise that pollutes the air for miles around. River residents have always enjoyed peace and quiet, and not necessarily in that order. The exceptionally loud noise given off by these boats is, in my opinion, an invasion of everyone else's right to privacy and tranquility. Obviously the operators don't give a hoot and consider their right to disturb everyone for miles around is a given one that comes with the purchase of one of these machines.

On another recent occasion I had a touring trip that took us to Boldt Castle on a Sunday morning, arriving at 10 A.M. By the time my people had visited the castle and gotten back on board it was 11:30 and activity was beginning in the waters at Alex Bay. As we left the dock two power boats came by at 45 degree angles, throwing 4 foot wakes, getting ready to open them up. The boats were within 50 feet of the docks and their wakes nearly put three boats up on the dock as they passed. By the time the wake did its damage they had throttled up to full speed as they headed out behind the castle for their day's outing. They never knew what they did.

Residents have been made aware of the many "limitations" that have been enacted over the past few years by local groups that were supposed to have been accepted by local law enforcement agencies. We have a speed limit in the American Narrows from Rock Island to below Alex Bay, but the only vessels that honor it are the commercial freighters. We have both U.S. Coast Guard and New
York State laws governing boat speed in the vicinity of boat docks and other water craft, but nobody seems to enforce them. I certainly hope the Coast Guard or State Police would have stopped the boats that went by the castle that morning, had they been there. We also have noise limitations on all vessels that call for the illegal boat to be forced to dock and not leave until sound suppressing equipment is installed and operable.

All these laws were designed to make boating safer and the area much less invasive to those who are not endowed with common sense, which too often these days appears to be not too common. But nobody enforces any of them! I have often thought that it is a miracle that we don't have more boating accidents on the river. The American Narrows from Rock Island to Deer Island on a nice Saturday and Sunday afternoon would serve well as a final examination course in a kamikaze course.

The answer, I think, lies in enacting a vigorous requirement for knowledge in boating operation and safety before anyone can operate a water craft. It is mandatory for children but, for some reason not adults, who are the offenders. Ironically the biggest group of opponents to a requirement has been the boating industry that must fear that mandating boating education will result in reduced boat sales.

Having people apply to renew their boating registration every three years would cover the greatest majority of our boaters over a three year period, instead of mandating courses to be taken by everyone within, say, one year. Boat owner's should be asked to pass a 100 question open book test with a 100% 4 response. Answers would at least make boaters aware of their responsibilities. Even arresting and publicizing a few of today's problem makers, speeders, nuts or noise makers might set an example for the others. Anything would help, but nobody has made any effort to do even something.

One day we had two gentlemen come in the hotel with a tale about a large cruiser that passed them at Bartlett Point. They were fishing in a 14' outboard. The large boat went by a cruising speed as the people on the cruiser waved hello to the fishermen. After they had passed their wake overturned the outboard and both men went into the river. Fortunately they were close enough to swim to shore. You can rest assured that the operator of that cruiser didn't know that if one of those men had drown he would be chargeable for manslaughter. They just didn't know. Neither do boaters seem to know that they are responsible for damage done by their wakes, from ripped out cleats to blown fenders or worst. My mother always told me that ignorance was no excuse.

Perhaps it's time that some of our local groups rekindle their efforts to bring peace, quiet and safety back to our waters. Goodness knows that the river has never been so well patrolled and the patrolling officers have never had more powerful authority.

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State to post speed limit signs on St Lawrence
by M.B. Pell, Times Staff Writer
First published: Monday, May 25, 2004

ALEXANDRIA BAY - State officials will mount an educational campaign this summer in the hopes of making boaters aware of speed limits in the American Narrows on the St. Lawrence River.

The state park police will post four 4-by-5-foot signs at Fishers Landing and at Sunken Rock Light to mark the western and eastern boundaries of the low-speed zone, which restricts boaters to 30 mph during the day and 15 mph at night. The signs will be on land, but visible from the river. "The local residents know, but people visiting from out of state or Canada don't know what the speed is. There was really no indication of where speeds change, so we felt we could do a better job with that," said Larry Migliozzi, marine services representative for the state Office of Parks, Recreation and Historic Preservation. "I'd say 99 percent of boaters want to do the right thing; they just need to know what the right thing is."
The state will also use buoys to mark two 5 mph harbor zones, one along the southeastern side of Wellesley Island and one that encompasses the village harbor. Maps of the all the speed zones will also be posted at boat launches, docks, marinas and boat dealers.

Mr. Migliozzi said complaints from river residents angry with speeders and from people who claimed they didn't know the speed limit prompted the public education campaign.

Former U.S. Attorney Daniel J. French, who works for the Syracuse law firm Green & Seifter, represented about 12 homeowners who worked with the Thousand Islands Safe Boating Association last year to warn boaters to slow down or face a civil lawsuit for violating the state's nuisance laws. He said the decision to post the speed zones is welcomed. "TISBA is very pleased by these recent developments and will continue to work with law enforcement and the communities to ensure the river remains a place for all to enjoy," Mr. French said.

Village Mayor Patrick J. Simpson said he is not worried the signs will discourage tourists with high-performance boats from visiting the Thousand Islands because the speed zone map will indicate where they can go to legally zip around at high speeds.

"I think that's a really positive step," Mr. Simpson said.
Mr. Migliozzi said speeding laws will not be more strictly enforced this year than last season.

Kevin A. Kieff, director of the Thousand Islands State Parks Region, said he hopes to have the signs posted by early June.

Speedy boaters may be sued
River sees speed, noise violations
by M.B. Pell, Times Staff Writer
First published: Monday, September 8, 2003

ALEXANDRIA BAY - If you made a speed run through the American Narrows over Labor Day weekend, you might receive a letter from the Green & Seifter law firm soon.

Former U.S. Attorney Daniel J. French, who works for the Syracuse law firm, said about 12 boaters will be receiving letters in the next couple of weeks warning them to reduce their speed and noise output in the narrows section of the St. Lawrence River. The American Narrows is between Fishers Landing and Sunken Rock Light, just south of Alexandria Bay.

Mr. French said that the Thousand Islands Safe Boating Association and about 12 homeowners that he represents want to make people aware that boaters can open up the throttle at many locations along the river, but in the narrows the speed limit is 30 mph during the day and 15 mph at night. Vessels are not to exceed 75 decibels while moving and 90 decibels when stationary anywhere on the river.

He said people who persistently travel faster than the speed limit in the narrows or make more noise than they are allowed to will be sued under the state's nuisance laws.

Over Labor Day weekend, Thousand Island residents were encouraged by TISBA and the people Mr. French represents to take down the registration numbers of boats they believed were speeding. He said people collecting registration numbers estimated the speed and did not use a radar gun.

He said if litigation becomes necessary, the law firm will hire a professional to record speeds and decibel readings in the future.

Mr. French is also general counsel for River Hospital in the village.

There are signs at some marinas that state where speed zones exist, but a common perception is that there are not enough postings to make sure tourists are aware of the regulations.

"We think this public awareness campaign was very successful," Mr. French said.

He said he would rather people follow the law through the narrows so he would not have to sue anybody, because a lawsuit will be expensive for both parties.

Mr. French said he is not trying to usurp the position of local law enforcement. He is trying to augment their efforts.

He added that he was very pleased with the state police response to his efforts, but other agencies could do more to keep the river safe.

"While the response from the New York state police and the park police has been very positive, we also think there is a role for the Coast Guard," he said. "TISBA was disheartened and the group we represent was disheartened when we read that the Coast Guard didn't think there was a problem."

Alexandria Bay Coast Guard officials were unavailable for comment Sunday.

Petty Officer 2nd Class Shaun M. Cross, stationed at the Alexandria Bay Coast Guard station, said last month that he does not think speeding is a problem in the area.

He said the Coast Guard usually does not enforce speeding laws because they are state regulations. The federal agency can legally enforce speed laws as part of its duty to maintain boater safety.

State police Capt. Jeffrey D. Raub said the state police have arrested 33 people for speeding or reckless boating this year, but he would be happy to work with Mr. French's clients and TISBA to reduce speeding on the river.

"Anytime we can partner up with the community to address a problem, we're happy to do that," Mr. Raub said.

He said an example of the state police's attempt to curb speeding on the river is the addition of another patrol boat. There are now two state police boats available to monitor the river.

Not everybody on the river is happy with Mr. French's attempts to curb speeding and noise pollution.

Roger R. Reifensnyder, a boater and summer resident on Chippewa Bay, said he doesn't like the idea of hanging litigation over a tourist's head.

"The issue is much larger than 12 property owners," he said.

Mr. French said he appreciates that boaters bring commerce to the area, but he just wants those people to follow the rules that are in place for the safety of the community.

He said he will obtain the names and addresses of boat owners by submitting a request and registration numbers to the state Department of Motor Vehicles. According to section 2721 of the U.S. Driver's Privacy Protection Act, a name and address can be provided for use in connection with "investigation in anticipation of litigation."

E-mail: mpell@wdt.net

ATTORNEY LEADS CRACKDOWN ON FAST, NOISY BOATS ON RIVER

Author:
M.B. Pell
Times Staff Writer

Edition: Both
Section: Local
Page: D8
Dateline: ALEXANDRIA BAY

The state police and the Coast Guard might not pursue St. Lawrence River boaters who violate speed and noise regulations, but former U.S. Attorney Daniel J. French will.

Mr. French, who has a summer cottage in the American Narrows, said about a dozen homeowners from the narrows section of the river will begin an effort to make boaters aware of the state's speed and noise regulations in the area this weekend. The American Narrows is between Fishers Landing and Sunken Rock Light, just south of Alexandria Bay.

If people continue to violate those laws, said Mr. French, who is also an attorney with the Green & Seifter firm in Syracuse, he will pursue legal action against individual boaters.

According to the Thousand Islands Safe Boating Association's Web site, state law restricts boaters from traveling through the narrows at speeds over 30 mph during the day and over 15 mph at night. Vessels are not to exceed 75 decibels while moving and 90 decibels when stationary.

"People who don't adhere to the laws will be targeted for litigation under the laws of private nuisance," Mr. French said. "Under those laws, every individual has the right to use their property, and if the conduct of other individuals is offensive to the point that it stops people from using their property, they can be sued for monetary damages."

He said that over the upcoming Labor Day weekend the group of American Narrows residents, along with members of the boating association, will encourage residents to record the boat registration number of any boat they believe is in violation of noise or speed laws. Green & Seifter will then send the owner of the boat a letter to inform him or her of the law.

Mr. French, also general counsel for River Hospital in the village, said that beginning this fall, Green & Seifter will form a database that will track speed and noise violators.

The boats that often bother residents are cigarette boats. These long, narrow vessels can travel at speeds over 80 mph, according to the Poker Runs America Web site, a site promoting cigarette boats.

Mr. French said he and his group are not opposed to high-performance boats. He said he understands that the owners of the boats boost the Thousand Islands' economy.

"But there are laws, and they exist for a reason," he said.

Mr. French said excessive speeds obviously put other boaters at risk, but so does excessive noise. He said loud boats cause "chaos" on the river and make it difficult for boaters to determine where other vessels are.

He said people with cigarette boats should stick to areas where fast boating is reasonable, such as Lake Ontario and open areas of the river.

Mr. French said he is not sure if the speed and noise limits have not been enforced because of a lack of manpower or equipment. He said law enforcement has not been successful in curtailing the problem, so he is moving on to other solutions.

Petty Officer 2nd Class Shaun M. Cross, stationed at the Alexandria Bay Coast Guard station, said there are many boats that exceed the speed limit, but because of a lack of equipment it is difficult to determine how fast the boats are traveling.

He said he does not think speeding is a problem in the area. He said the Coast Guard usually does not enforce speeding laws because they are state regulations.

The Coast Guard is charged with maintaining boater safety, but Mr. Cross said the only way it would enforce that would be if the vessel was being driven in an erratic fashion.

"We don't go out there to try to stop speeding," he said.

State police officers in the Alexandria Bay station were unavailable for comment Tuesday.

In the past, state police officials have said officers are sent to investigate noise complaints on the river.

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