Can a New York village charge for use of its public docks with a parking meter, and run boat parking tickets through a village traffic court?

Plain-English summary

Lake George Village wanted to switch from staffing the village docks with a fee collector to installing boat parking meters. It also wanted to set up a traffic violations bureau to handle boat parking tickets. The Assistant Village Attorney asked the AG if either was lawful.

Meters: yes. Village Law § 4-412(3)(8) authorizes a village to acquire, construct, enlarge, extend, or improve public docks as a municipal purpose, and to impose charges for the use of those facilities. The AG saw no meaningful distinction between collecting charges with an employee at a booth and collecting charges through a meter. The mechanism does not matter; the underlying authority to charge is what controls.

Traffic violations bureau for boats: no. General Municipal Law Article 14-B (§ 370(1)) authorizes certain municipalities to set up traffic violations bureaus to help courts dispose of "infractions in relation to traffic violations." That is vehicle traffic, not boats. The Vehicle and Traffic Law itself draws a clean line between vehicles and vessels: § 155 defines "traffic infraction" and excludes Article 48 (Registration of Vessels), and §§ 159 and 2250 give separate definitions of "vehicle" and "vessel."

The AG said violations of the dock regulations would be classified as "offenses" under Penal Law § 10.00(3) and prosecuted in local criminal court, citing Op Atty Gen (Inf) No. 91-3. A local law could not authorize a boat traffic violations bureau because local laws must be consistent with State statutes affecting courts.

The village had also asked whether DMV could be asked to suspend boat registrations of people who don't pay parking fines. The AG declined to answer, saying that question belongs to counsel at the Department of Motor Vehicles.

Currency note

This opinion was issued in 2000. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Why does it matter whether boat parking is "vehicular traffic"?

General Municipal Law Article 14-B concerns vehicular traffic. The AG noted that the Vehicle and Traffic Law treats boats separately from vehicles and found no other statutory authorization for a bureau handling boat parking violations. It also said a local law could not authorize such a bureau.

How would a boat parking ticket actually get enforced under this opinion?

The AG said violations of the village's dock parking regulations would be "offenses" under Penal Law § 10.00(3) and must be prosecuted in local criminal court. It did not prescribe the ticket or filing process.

Could the village contract with a private fee collector instead of installing meters?

The AG compared collection by a meter with collection by a village employee and found no meaningful distinction. It did not analyze hiring a private contractor.

Does the same rule apply to other waterfront municipalities (cities, towns)?

The opinion relies on a Village Law provision for dock charges and decides the Village of Lake George's proposal. It does not analyze dock-fee authority for cities or towns.

Could the State Legislature extend Article 14-B to cover boats?

The opinion does not discuss proposed legislative changes. It concludes existing law did not authorize a boat parking traffic violations bureau.

Background and statutory framework

Village authority to charge dock fees. Village Law § 4-412(3)(8) authorizes acquisition, construction, and improvement of public docks and provides for charges for use. This is the substantive authority for the meter idea.

Traffic violations bureaus. General Municipal Law § 370(1) allows certain municipalities to authorize a court to create a bureau assisting with traffic infractions. The AG read Article 14-B as concerning vehicular traffic.

Vehicle and Traffic Law. The AG noted that § 155's definition of "traffic infraction" excludes Article 48 on vessel registration and contrasted the definitions of "vehicle" and "vessel" in §§ 159 and 2250.

Local criminal court. The AG said a violation of the village's dock parking regulations would be an "offense" under Penal Law § 10.00(3), to be prosecuted in local criminal court. It cited Op Atty Gen (Inf) No. 91-3.

Local law limit. The AG cited Municipal Home Rule Law § 11(1)(e) for the requirement that local laws be consistent with State statutes affecting courts.

Citations

• Village Law § 4-412(3)(8) (village authority to charge for use of public docks).
• General Municipal Law § 370(1) (traffic violations bureau for vehicular infractions).
• Vehicle and Traffic Law §§ 155 (traffic infraction definition, excluding Article 48), 159 (vehicle), 2250 (vessel), 2256(1) (Article 48 registration of vessels).
• Vehicle and Traffic Law § 510(4-a)(b), (4-c) (DMV registration suspension provisions).
• Penal Law § 10.00(3) (definition of offense covering local-law violations).
• Criminal Procedure Law §§ 100.05 et seq. (accusatory instruments), 380.10 (sentencing).
• Municipal Home Rule Law § 11(1)(e) (local laws cannot supersede State court-procedure statutes).
• Op Atty Gen (Inf) No. 91-3 (offenses prosecuted in local criminal court).
• Op Atty Gen (Inf) No. 88-62 (prior AG opinion on traffic violations bureau authority).

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2000-21_pw.pdf

Original opinion text

OPINIONS OF THE ATTORNEY GENERAL

Page 1 of 2

Opn. No. 2000-21
CRIMINAL PROCEDURE LAW §§ 100.05 et seq., 380.10; GENERAL MUNICIPAL LAW, ART 14-B, § 370(1); VEHICLE AND TRAFFIC LAW, ART 48, §§ 510(4-a)(b), (4-c), 2256(1); VILLAGE LAW § 4-412(3)(8). A village may use boat parking meters to collect fees for use of village-owned docks. A village may not create a traffic violations bureau to handle parking tickets issued with respect to use of its docks. December 11, 2000 Jeffrey C. Matte, Esq. Assistant Village Attorney Village of Lake George 444 Glen Street Glens Falls, New York 12801-2943

Informal Opinion
No. 2000-21

Dear Mr. Matte:
You have inquired whether the Village of Lake George (the "village") may use boat parking meters to collect dock fees at the village-owned docks in Lake George. You further inquire whether the village may authorize a court to assess and collect fines for boat parking violations. In a telephone conversation, you clarified this request by stating that you desired to know whether the village could create a traffic violations bureau to handle parking violations related to boats. We conclude that the village may use boat parking meters to collect dock fees in the circumstances described. We further conclude that the village is not authorized to create a traffic violations bureau to enforce boat parking regulations. You advise us that the village owns docks at the southern end of Lake George. At present, the village hires a person to collect the dock fees. In lieu of this arrangement, the village is interested in using parking meters that would be installed on land adjoining the docks to collect the dock fees. We conclude that the village may use boat parking meters to collect dock fees. Village Law § 4-412(3)(8) authorizes a village to "acquire, construct, enlarge, extend or improve public docks, as a municipal purpose," and further authorizes a village to impose charges for the use of such facilities. We see no meaningful distinction between collecting these charges by use of parking meters or by use of an employee. With respect to enforcement of the dock use regulations, we conclude that the village is not authorized to create a traffic violations bureau to handle parking violations relating to boats. Article 14-B of the General Municipal Law permits certain municipalities to "authorize the court having jurisdiction of traffic cases to establish a traffic violations bureau to assist the court in the disposition of infractions in relation to traffic violations." General Municipal Law § 370(1); see Op Atty Gen (Inf) No. 88-62. Article 14-B relates to vehicular traffic, not boating traffic. This conclusion is supported by the fact that where the Vehicle and Traffic Law addresses matters related to boats, it does so expressly and in articles separate from those dealing with traffic rule enforcement. See Vehicle and Traffic Law § 155 (definition of "traffic infraction" excludes article 48 [Registration of Vessels]); compare Vehicle and Traffic Law §§ 159 (definition of "vehicle") and 2250 (definition of "vessel"). We are aware of no other

http://www.oag.state.ny.us/lawyers/opinions/2000/informal/2000_21.html

4/20/2006

OPINIONS OF THE ATTORNEY GENERAL

Page 2 of 2

statutory provisions that would authorize the formation of a traffic violations bureau relating to parking violations for boats. Because of the above provisions, such a bureau may not be authorized by local law. Municipal Home Rule Law § 11(1)(e) (local laws must be consistent with State statutes that affect the courts). In the absence of such provisions, the dock parking regulations would be enforced as would any other local law. Violation of these regulations would be classified as "offenses" under Penal Law § 10.00(3) and must be prosecuted in the local criminal court. See Op Atty Gen (Inf) No. 91-3. You have also asked whether the village may request that the State Department of Motor Vehicles suspend the boat registrations of those who fail to pay fines for boat parking violations. This part of your inquiry is more appropriately addressed to counsel at that department. The Attorney General renders formal opinions only to officers and departments of the state government. This perforce is an informal and unofficial expression of the views of this office. Very truly yours, WILLIAM E. STORRS Assistant Solicitor General

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4/20/2006