City of New Rochelle, NY Article II Boundaries, Designated Officials and Standards for Operation of Vessels

§ 168-5 Harbor management area boundaries and designated areas.

The boundaries of the City of New Rochelle harbor management area include all waters and intertidal areas, as described on the Harbor Management Map which is hereby incorporated by reference. Channels, mooring areas, anchorage areas, fairways and beaches are hereby established in New Rochelle, as shown on the Harbor Management Map.

§ 168-6 Duties of Harbormaster and Harbor Patrol Unit.

[Amended 3-16-2004 by Ord. No. 59-2004]

The Harbormaster shall have charge of the marinas, docks and harbors of the City and shall report to the Commissioner of Parks and Recreation. It shall be the duty of the Harbormaster to collect dockage fees at the rates established in this chapter and to enforce the regulations pertaining to marinas, docks and harbors. The Police Commissioner is hereby authorized to appoint Assistant Harbormasters as necessary to adequately operate the Harbor Patrol Unit. The Harbor Patrol Unit shall be under the control and supervision of the Police Commissioner, and the Police Department shall have concurrent authority with respect to enforcement of the provisions of this chapter. The Harbormaster and Assistant Harbormasters shall not be considered members of the regular police force of the City of New Rochelle, nor shall they be entitled to any benefits under the Police Pension Fund simply by virtue of such appointment.

§ 168-7 Operation of vessels.

A. Dangerous operation prohibited. No person shall operate a vessel at a speed greater than is reasonable or prudent, including, without limitation, the throwing of its wake, which might:

(1) Endanger the life or limb of another person using the harbor, under the conditions and having regard to the actual and potential hazards then existing; or

(2) Disturb the reasonable comfort of, or endanger another person on or operating another vessel or cause damage to another vessel, structure, shoreline property, the environment or interfere with the free and proper use of the waters of any channel.

B. Speed of vessels.

(1) No person shall operate any vessel at a speed in excess of that posted by speed markers. The City Council may, from time to time, by resolution, establish maximum speed limits for any portion or portions of waters or waterways subject to this chapter and provide for the posting of speed markers.

(2) No person shall operate a vessel at speeds greater than four miles per hour or a speed that would create a wake within congested areas within the jurisdictional limits of the City of New Rochelle, which shall include marinas, anchorage areas, mooring areas, fairways, channels or other areas within 200 feet of the shoreline, including the shoreline of off-shore islands.

(3) The City Council may, by resolution, from time to time and for periods stated in such resolution, suspend the enforcement of this section with respect to any portion or portions of waters or waterways and designate such areas by the location of appropriate speed markers.

C. Operation or anchoring of vessels in proximity to beaches or vegetated tidal wetlands.

(1) No person shall operate any vessel within a vessel exclusion area, except when being used to effect a rescue or to render assistance to prevent harm to a person or damage to property.

(2) No vessel, other than a duly authorized lifeboat or government vessel, may be anchored within a vessel exclusion area.

(3) No person shall operate any vessel within a vessel exclusion area, except where a channel lies within 200 feet of the shoreline of a beach. In such case, a vessel may be operated within said channel, but must remain within said channel. Where an existing publicly accessible marina, yacht club, vessel launching ramp or similar facility lies within 200 feet of a beach, vessels shall be allowed to travel to and from such facility in a path perpendicular to the shoreline at a speed that generates no wake.

(4) No person shall operate or anchor a vessel at any time within a vegetated tidal wetland, as depicted on the New York State Tidal Wetlands Map and shown generally on the Harbor Management Map.

D. Identification. Vessel operators shall identify themselves and produce the vessel's registration to city, state or federal law enforcement authorities upon request. Failure to produce such registration upon request shall be presumptive evidence of a violation of this section.

E. Required equipment. No person shall operate a vessel which does not meet all duly adopted and published requirements of the Navigation Law with regard to safety equipment to be carried on or incorporated into vessels of its type.

F. Permission required for anchoring for more than 48 hours, for mooring or for docking within fairway of channel lines.

(1) Mooring. No person shall moor or beach a vessel, barge or float in the harbors or waters of the City of New Rochelle without first obtaining a permit pursuant to § 168-9 and otherwise complying fully with all other provisions of this chapter. No person shall moor any vessel, barge or float so as to obstruct or encroach upon any fairway, marked channel or improved channel or so as to obstruct any aid to navigation or so as to interfere with a duly authorized mooring buoy or with the free passage of any vessel from or to any pier, wharf or dock.

(2) Anchoring. No person shall anchor any vessel for longer than 48 hours except in a designated anchorage area. No person shall anchor any vessel in the harbors or waters of the City of New Rochelle for longer than 48 hours without first registering at the office of the Harbormaster. A list of all actively registered vessels that are anchored in the harbor management area shall be maintained by the Harbormaster. No person shall anchor any vessel so as to obstruct or encroach upon any fairway, marked channel or improved channel or so as to obstruct any aid to navigation or so as to interfere with the free passage of any vessel from or to any pier, wharf or dock.

(3) Docking within fairway or channel lines. If a pier, dock or wharf has legally been built to a fairway or channel line, as depicted on the Harbor Management Map, no vessel, barge or float may temporarily or permanently locate beyond the end of such structure, since such vessel, barge or float would encroach into the fairway or channel.