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Old 07-18-2004, 08:00 PM   #1
KonaChick
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Default Not all neighbors are friendly..help!!

We need some advice. We have neighbors in our cove who are driving us a little crazy. They have done many things in the past several years but the latest is truly baffeling to my husband and me. They like to start waterskiing, tubing, knee-boarding off of their beach. They have to go directly in front of our docks, jet ski lift, swim raft in order to get out of the cove. They go right off their beach or near their beach and "blast" through the cove creating a wake that's big enough to swamp a small boat. We have waved them off with hand signals asking them to slow down. This hasn't worked. We don't want to be on bad terms with these people as we've seen them do things that makes us question their sanity almost daily. If i report this to Marine Patrol what can they do? I'm wondering if it's even worth it or if we'll have to get into a confrontation with these ummmm...fools!! Isn't it against boating laws to start from your beach? Arent they supposed to be headway speed w/in 150' of shore or rafts/docks?? I guess i just want to know my options and what if anything Marine Patrol could do about it. Today the wake was so huge it looked like our swim raft was about to get lose of it's mooring. Thanks for any adive you have.
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Old 07-18-2004, 08:17 PM   #2
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Post RSA 270-D:2 Boating & Water Safety

Hello,

I have attached the pertinent RSA for your review. As you can see by the highlighted area, you are correct about the 150 foot rule. also, thet can start a skier from shore as long as they do not endanger anyone by doing so. Finally, all boaters are always ultimately responsible for their wakes, both criminally & civil.

Perhaps an anonymous copy of the rules mailed to their home before you invoke your right to involve the MPs?

Please feel free to e-mail if you need any further info,

Skip

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270-D
BOATING AND WATER SAFETY ON NEW HAMPSHIRE PUBLIC WATERS
Section 270-D:2
270-D:2 General Rules for Vessels Operating on Water. –
I. Vessels shall be operated at headway speed only, while passing under all bridges.
II. (a) It shall be the duty of each vessel to keep to the right when vessels are approaching each other head on.
(b) When the courses of vessels are so far to the starboard of each other as not to be considered as approaching head on, they shall keep to the left.
III. When vessels are crossing courses or approaching each other in an oblique direction which may involve risk of collision, the vessel which has the other on its starboard side shall keep out of the way of the other, allowing the latter vessel to keep its course and speed.
IV. When vessels are running in the same direction and the vessel which is astern desires to pass the other, it shall do so only when sufficient distance between the vessels is available to avoid danger of collision, and at such a speed that its wake will not endanger the boat being passed or its occupants. No person operating a vessel shall abruptly change its course without first determining that it can safely be done without crossing immediately ahead of another vessel.
V. If, when vessels are approaching each other, either vessel fails to understand the course or intention of the other from any cause, such vessel or vessels shall immediately slow to a speed barely sufficient for steerage until the vessels have safely passed each other. If it appears the danger of collision is imminent both vessels shall stop or reverse and not proceed until such danger has been averted.
VI. (a) To provide full visibility and control and to prevent their wake from being thrown into or causing excessive rocking to other boats, barges, water skiers, aquaplanes or other boats, rafts or floats, all vessels shall maintain headway speed when within 150 feet from:
(1) Rafts, floats, swimmers.
(2) Permitted swimming areas.
(3) Shore.
(4) Docks.
(5) Mooring fields.
(6) Other vessels.
(b) These requirements shall not apply when:
(1) Starting skiers from shore, docks or floats, as long as neither the boat nor the skier is endangering the life or safety of any person.

(2) A vessel is in the federal deepwater shipping channel of the Piscataqua River between navigation buoys R2, Wood Island at the mouth of the river and R12, opposite the Sprague Terminal.
(c) The operator of a towing boat shall be responsible for compliance with this paragraph.
(d) The requirements of RSA 270-D:2, VI(a)(3) shall not apply to a vessel in the waters of the Androscoggin River from the Errol Dam to Umbagog Lake or in the waters of the Magalloway River within the state of New Hampshire.
VI-a. [Repealed.]
VII. When a vessel is given the right-of-way, such vessel shall hold its course and maintain such speed as the circumstances prudently permit.
VIII. When a vessel is required to keep out of the way of another, it shall, if necessary, slacken its speed, stop, or reverse, and avoid crossing ahead of any other vessel.
IX. Canoes, rowboats and sailboats shall be given the right-of-way. This requirement shall not be construed to allow deliberate impediment of motorboats by canoes, rowboats or sailboats.
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Old 07-19-2004, 04:42 AM   #3
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Thumbs up Not all neighbors are friendly..help!!

I heard if you continue to call and complain to MP they will come out just to get you off their back. Why not try it? Some people can be so rude and have no consideration for others.
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Old 07-19-2004, 06:21 AM   #4
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"if you are too spineless to offend these neighbors, then you really get what you deserve, and posting quotes on this forum is not going to substitute for doing what you have to do."

I don't think that is a fair comment to make. A person asking for advise, so that they may weigh their options does not make them "spineless"!
I personally come to the lake for peace and relaxation, I don't bother my neighbors and I expect the same from them. If someone is a nusance, and disturbing my peace and quite,or potentially causing damage to my property, I would find out EXACTLY what the laws were and who was responsible to enforce them. There is nothing wrong with expecting those responsible for enforcement to do their job.
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Old 07-19-2004, 07:25 AM   #5
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Konachick,

Go over and knock on their door and tell them what the problem is. Try to do it in a nice way, it just may work and you might end up with new friends or at least tolerable neighbors. They probably think you were cheering them on when you "waved them off" . Calling in the cops before you talk to them is a mistake, most people will make accomodations if you let them know, clearly, what the problem is.

If they continue after you attempt to communicate with them, then call in the cops, at least you can tell your other neighbors you tried to reason with them first.
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Old 07-19-2004, 09:54 AM   #6
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If you don't want to confront them or are concerned by doing so I'd call the MP and let them handle it. Calling the local police is a bit overkill for the situation and there really is no need to get them involved.

MP will at least go over and talk to them if they determine that what they are doing is unsafe. I would also take some video footage of them in action. While the MP can't really do much with that as far as issuing a citation, it will give them a good clear picture as to what is going on when they are not around.
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Old 07-19-2004, 09:59 AM   #7
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Unhappy Not all neighbors are friendly...

I have the same problem, but both of my neighbors have powerful interests -- Washington, D.C. and "In Town". (I'm not begging for an IRS audit, nor having my lot bulldozed "in error").

You can try the MPs, at (877) 642-9700, and leave an "Anonymous complaint". (They'll try to coax your anonymity from you -- be firm). Suggest that the MPs "lurk" -- they will need to witness those offenses. Anticipate -- they'll need up to an hour to respond.

Meanwhile, I'd put three (or more) reflectors and one (each) bright orange flag on your boat lift, dock, and swim raft to try to keep something away that's even worse : trial lawyers.
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Old 07-19-2004, 10:07 AM   #8
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Thanks to all of you for your responses and advice. Just hearing them has made me feel better and I will use several of the suggestions stated to hopefully solve this problem of mine. How I wish YOU were all my neighbors instead of them Well all, of course, but Fat Jack because by the vicious tone of his response I think he probably IS my neighbor! Once again thanks so much for sharing..it's been appreciated more than you know.
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Old 07-19-2004, 07:05 PM   #9
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Question Starting skier from shore is legal. What law are they breaking?

Quote:
Originally Posted by Skip
... you are correct about the 150 foot rule. also, thet can start a skier from shore as long as they do not endanger anyone by doing so. Finally, all boaters are always ultimately responsible for their wakes, both criminally & civil.
...snip...
(b) These requirements shall not apply when:
(1) Starting skiers from shore, docks or floats, as long as neither the boat nor the skier is endangering the life or safety of any person.

Skip quoted the RSA (edited above - see full text in Skip's message). So, Exactly what law are they breaking? Once they start a skier from shore they should be headed to open water (150 feet or more clearance). You expect a wake to come from a ski boat starting off from a shore location so what's the problem?

Maybe your neighbors are stretching the law. Violating the 150' rule once their skier has started. When it comes to starting a skier from shore there is no mention of rocking your raft, only life and safety of persons. If they get the skier started and then continue to hug the shore rather than head to open water, then that may be a violation that MP will (should) enforce.

Of course, there seems to be room for interpretation about what constitutes Starting From Shore .

Maybe they are operating legally maybe not. They may or may not understand the rules. After all, it IS legal to start a skier from shore as long as it is safe to do so.

My 2 cents, have a friendly chat with them.

Last edited by The Skipper; 07-19-2004 at 07:15 PM.
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Old 07-19-2004, 08:18 PM   #10
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Chances of MP doing anything are slim to none. But go ahead and try.

Why not invite a bunch of your lake.cc buds over for a few afternoons of "rafting" near your lakefront? I'd show up. Heck, I'd even bring a few extra dive flags to float around for an added 150' buffer...
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Old 07-20-2004, 12:07 PM   #11
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I can't believe that you'd even consider calling the authorities before you talk to them. They're your neighbors, for god's sake! What kind of world do we live in where people don't have the decency to actually communicate to the people who live next to them.

Either way, they'll figure out who called them, it doesn't take much, and they'll know what kind of person you really are.
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Old 07-20-2004, 12:18 PM   #12
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Default I hear what you're saying

We had a similar situation and what we did was to invite the neighbor over for a drink to hang out and chat and discussed the issue with them in an non-threatening manner (served some appetizers too, to make them feel more comfortable). Confrontation is an uncomfortable thing for everybody, but if it's non-threatening people generally do not become defensive. It all depends on the tone you set - you set the tone and they will (generally) follow suite. Good luck.
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Old 07-20-2004, 02:18 PM   #13
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I agree that an attempt to talk to them first is best before calling authorities. However, if they don't realize what they are doing (leaving a large wake close to shore, docked boats & swim rafts etc) one has to wonder about the intelligence of these neighbors and if they do realize what they are doing then obviously they don't care and talking to them will be useless.
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Old 07-22-2004, 05:43 AM   #14
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Well, even less inteligent people have the right to common courtesy. I'm sure that everyone has a few habits or favorite activities that other people would find absolutely obnoxious. That's no excuse to act like a weasle.
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Old 07-22-2004, 08:45 AM   #15
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Ski Man, I never said they did not deserve common courtesy. Read my post & the 1st sentence says "I agree that an attempt to talk to them first is best before calling the authorities." It was sarcasm when I called into question the intelligence of the neighbors. I'm sure they are more than smart enough to know that they are rocking boats, swim floats etc. Therefore, that leaves only 1 reason, they don't care.
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Old 08-23-2004, 09:12 AM   #16
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Some vacationers arrived last week at my quiet little (100 acres or so) lake with a sea doo and terrorize the rest of us who are there for a little peace and quiet. They started daily at 8:30 or so and went until dark nonstop. Very annoying.. but not against any law...they can't take a break every once in a while? None of the children driving this sea doo were sixteen and none had any clue as to the 150' rule or the 300' rule away from shore. Heck they were buzzing my dock at about 10' away. No one else on the whole lake confronted them and I decided to keep my mouth shut as well. But I'm thinking it is time to purchase/build a swim raft, place it about 150' off the end of my dock and when these people show up again for their yearly visit, place a swim line between my dock and raft to keep them away from shore. Is this legal?
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Old 08-23-2004, 09:39 AM   #17
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Default Answers in a previous thread....

Hi Mcdude,

If you go back and read the thread "Anchoring near a swim platform" you'll find all the legal requirements necessary to get permission to erect a swim line.

If your Lake is a public body of water in the State of New Hampshire, you cannot proceed with your plans without first obtaining the necessary permits from Safety.

I won't bother reposting requirements and the pertininent regulations as they are all contained in the aforementioned thread.

Anyway, click on the thread below to find your answers....

Skip

http://www.winnipesaukee.com/forums/...=7054#post7054
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Old 08-23-2004, 08:50 PM   #18
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Konachick, if the family is up for a good amount of the summer, go and chat with them. If the matter isn't resolved, during the winter you could paint a reminder on the sides of the swimming raft. I've seen it done in my cove. Hope the info helped.
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Old 08-24-2004, 09:41 AM   #19
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Is this a courtesy issue or are they actually breaking laws. You are allowed to start a skier from shore, you are also allowed to be above headway speed if you are 150 ft. from shore and boats etc.. Coves are not necessarily headway speed, subject to size. Everyone has their own perception of what is rude and obnoxious behavior, some people want Winnipesaukee to be like Golden Pond, others are looking for Club Med. There is probably a compromise position that is tollerable.
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Old 08-24-2004, 10:07 AM   #20
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Hey Kona Chick,

You need to give us an update sometime to let us know what worked.

Good luck!!
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Old 08-25-2004, 09:21 AM   #21
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Well..the hubby and I made a trip next door about a month ago when a friend of our theirs came w/in about 25' of our kids swimming (he was on their jet-ski blasting out out of the cove). Started the convo friendly just shooting the breeze and slipped into the convo that our kids were swimming and someone on their jetski came awful close going very fast. The said they would talk to him and sure enough no more problems...for that day!! Still come flying in and out of the cove going at high speeds w/in 150' of shore..our swimraft and docks. They are not ignorant people..they have been pulled over by marine patrol enough times to know what the laws are by now! I have witnessed it myself at least 2 times right out in front of our house. What I will do now and in the future is immediately call MP when they break boating laws that i've witnessed. I will even start videotapping these infractions. I know for a fact that MP has their number...if you know what I mean One more point to make..if you let friends take out your toys while they are up visiting you it is YOUR responsibility to make sure they understand the boating laws. It's up to YOU to educate them!!
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