NYCL AGO 95-39.

Case DateJuly 25, 1995
CourtNew York
New York Attorney General Opinions 1995. AGO 95-39. July 25, 1995Informal Opinion No. 95-39Jeffrey S. Shumejda, Esq. Town Attorney Town of Putnam Valley Sleepy Hollow National Bank Bldg. North Tarrytown, NY 10591CRIMINAL PROCEDURE LAW § 2.10(19); NAVIGATION LAW §§ 2(4), 30, 79-a, 79-b; 9 NYCRR §§ 446.21 - 446.25; L 1965, CH 168.The Town of Putnam Valley may appoint harbor masters to enforce the Navigation Law on Lake Oscawana, provided that the lake meets the definition of navigable waters contained in Navigation Law § 2(4). Town harbor masters, as peace officers, may enforce those provisions of the Environmental Conservation Law which are consistent with their specific duties when authorized or required to do so by their employers.Dear Mr. Shumejda: You have asked whether the Town of Putnam Valley may appoint harbor masters with peace officer powers to patrol Lake Oscawana. As you note. Criminal Procedure Law § 2.10(19) includes "harbor masters appointed by a county, city, town or village" within the list of individuals accorded peace officer status. Criminal Procedure Law § 2.10(19) was enacted in 1965 together with an amendment to the Navigation Law. L 1965 ch 168. The amendment expanded the definition of navigable waters to include the Long Island Sound bordering on Westchester County and modified the provisions governing State reimbursement of enforcement expenses. The county had not been enforcing the Navigation Law and the burden of regulating the coastal waters fell on municipalities within the county. The aim of the legislation was to strengthen enforcement and to permit those municipalities to receive State aid to cover a portion of the cost of enforcing the Navigation Law. See, VanCott Memorandum in Support, Bill Jacket, L 1965 ch 168. The amendments were written to cover more than the purposes described above, however, and permit any "city, town or village" to seek State aid for enforcement of the provisions of the Navigation Law if the county in which the municipality was located did not enforce it. Counties were already covered. See, Navigation Law §§ 79-a, 79-b; 9 NYCRR §§ 446.21 - 446.25. The amendment also provided that...

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