Riverhead Town hauls Flyboard LI into court

Jimmy Bissett’s Flyboard LI has created quite a stir as the only flyboarding attraction on Long Island. It’s attracted the attention of major media outlets, including CNN, and drawn tourists to the Hyatt Place resort marina in downtown Riverhead, who come to test their skills — and courage — in a new water sport that propels people as much as 40 feet above the surface of the river. See video.

Tethered to a jet ski by a long hose that pushes water from the river through special footgear, thrusting the user into the air, “flyboarders” experience the thrill of flying.

But downtown Riverhead’s new extreme water sport has also gotten some unwanted attention: the scrutiny of town officials and the Riverhead Bay Constable, who has issued Bissett more than 16 summonses for violations of town code provisions intended to regulate water skiing.

Bissett was in Riverhead Justice Court earlier this month to answer the charges, which town officials admit don’t really apply to the new sport. But it’s the best they can do, they say, because the town has no regulations to govern flyboarding — yet.

“We’d like to craft a code to address this, but not to ban it,” Riverhead Supervisor Sean Walter said in an interview this week. “We will be regulating it.”

Walter said the town attorney’s office is working on a draft of a new code to deal with the new sport.

Riverhead is not alone. Municipalities all around the U.S. are trying to figure out what to do about the new water sport, which has recently enjoyed a rapid growth in popularity.

According to an Aug. 8 New York Times report,  there are similar operations in New Jersey, Florida and Maryland. Maryland has recently enacted emergency regulations to regulate the activity on a temporary basis — during a 180-day “study period” — until permanent regulations could be adopted. Maryland’s rules, which took effect June 20, “include stipulations that riders must pass a quick written test, devices can’t be used in canals or areas where lots of people congregate, and riders aren’t allowed to “fly” more than 10 feet above water,” according to a report on the DelmarvaNow.com website.

The rules also “limit riders to age 16 or older, prohibit use in shallow waters (6 foot minimum) and mandate riders be outfitted in bright orange flags for visibility,” according to the news report. “The devices also must steer clear of the permanent objects such as bridges, moorings, piers, and pilings.”

Shallow water in the area where Bissett operates Flyboard LI is one of the Riverhead’s main concerns, the town supervisor said. The devices churn up the river bottom, which is an environmental concern, he said.

The area of operation is also in proximity to docks, boats and other obstructions, Walter said.

“I don’t see how Mr. Bissett doesn’t see this as a dangerous location in that confined area,” Walter said.

“It’s a really cool thing,” the supervisor said, “but its has to be done in a different location.”

He said town officials have asked Flyboard LI to move the operation out into the “open waters of the bay.”

“I’m surprised they have not moved it out. We were very reasonable with Mr. Bissett,” Walter said.

Bryan DeLuca, executive director of the L.I. Aquarium and Exhibition Center, whose parent company also owns the adjacent hotel and resort marina, said the company is “trying to build a resort.” Bissett’s fyboarding operation, like parasailing, is best done close to the resort’s center, where visitors can watch it.

DeLuca said accompanied Bissett, the young son and namesake of the late aquarium/hotel founder and developer, to court this month. “The town is working with us now,” DeLuca said. They are in discussion over what new regulations should say, he said.

Walter acknowledged those talks but said the town will continue to write summonses if the operation continues in its current location. He would not rule out going into state supreme court to senk ab injunction. (The town court lacks statutory authority to issue an injunction, Walter said.)

Nearby residents who’ve been complaining to town officials about the operation say they hope Bissett cooperates and moves out to the bay.

“The drone of the motor is constant hum all day broken up by moments of deceleration and acceleration, like your neighbor revving his car all day,” Howell Lane resident Glenn Brewster said. “The constant stirring of the bottom of the river from the water jet actually stinks — pretty bad at times,” he said. And the muck washes up onto docked boats, pilings and the shoreline, he said.

“I don’t want to put the guy out of business,” Brewster said. But he believes the town should “impose a moratorium” on the activity while they figure out what to do.

 To see photos of the popular new downtown attraction, visit FlyboardLI’s Facebook page.