A.
Any vessel which unreasonably interferes with navigation
or sinks or becomes grounded or otherwise disabled or is in peril
or which anchors or moors without the permission of the Harbormaster
in the waters of the City of New Rochelle for longer than 48 hours,
except at privately owned marinas and docks, or which may be a menace
to other vessels or installations, shall be removed by the owner or
person in charge, on order of the Harbormaster or Harbor Patrol.
B.
If the vessel is not removed as ordered by the Harbormaster or Harbor Patrol, it may be removed by or at the direction of the Harbormaster or the Harbor Patrol, and the owner shall pay the cost of removal, including, without limitation, towing, pumping, salvaging, clean-up of discharge and hauling, as well as the costs of any temporary storage, in accordance with Chapter 133 (Fees). If the owner is aboard the vessel, the order to remove may be made orally or in writing.
C.
In an emergency situation, as determined by the Harbormaster
or Harbor Patrol, the following vessels may be subject to immediate
removal:
(1)
Any vessel which is involved in an accident where
the operator or owner is not at the scene or is incapable of making
a decision or refuses to have the vessel moved from the accident location.
(2)
Any vessel which is unattended and is moored or anchored
in 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.
D.
In a nonemergency situation, if the owner is not aboard
the vessel, an order to remove the vessel shall be posted in a visible
location on the vessel in a waterproof envelope and shall also be
served upon the owner by ordinary mail as well as by certified mail,
return receipt requested, addressed to the address of the owner as
set forth in the application on file with the Harbormaster. The person
shall file annually with the Harbormaster a local address of a managing
agent or other authorized representative for legal service of process,
in order to have a local contact in case of emergency or violation
of this chapter. The owner is required to remove the vessel within
seven days after mailing of the notice, and if he/she fails to do
so, then the vessel may be removed at the direction of the Harbormaster.
E.
If the owner of the vessel has not filed documentation
with the Harbormaster, as herein required, and the vessel is anchored
or moored without the written permission of the Harbormaster in the
waters of the City of New Rochelle for longer than 48 hours, except
at privately owned marinas and docks, an order to remove such vessel
from the waters of the City of New Rochelle shall be posted in a visible
location on the vessel in a waterproof envelope. The owner is required
to remove the vessel within seven days after the order to remove such
vessel is posted on the vessel.
F.
A vessel may not anchor or moor except in an area
designated as an anchorage area or a mooring area on the Harbor Management
Map on file at the office of the Harbormaster.
G.
In cases of emergency, the Harbormaster may shift
the position of any unattended vessel anchored or moored in an anchorage
or mooring area.
If directions given by the Harbormaster or Harbor
Patrol with respect to removal of unauthorized moorings or changes
in location are not carried out within seven days after notice from
the Harbormaster or Harbor Patrol in person, or by the posting of
the order in a visible location in a waterproof envelope on the mooring
device, or by ordinary mail, as well as by certified mail, return
receipt requested, if a mailing address is known, the Harbormaster
may cause such moorings to be removed and temporarily stored at the
owner's expense.
After removal of any vessel or mooring device as provided in this article, the Harbormaster may store or cause such vessel or mooring device to be stored in a suitable place at the expense of the owner. Such owner or person in charge of the property may redeem the same upon payment of all expenses to the person with whom such property is stored, as provided in Chapter 133, Fees, incurred in effecting such removal and storage.
It shall be the duty of the Harbormaster to
ascertain, to the extent possible, the last record owner and lienholder,
if any, of the vessel and to notify such owner and lienholder, if
any, by ordinary mail, as well as by certified mail, return receipt
requested, and by regular mail, informing them of the removal and
storage of such vessel and of the amount which will be required to
redeem the same; the amount of unpaid summonses, if any, which must
be paid at the time of redemption of the vessel; that title to such
vessel shall vest in the City of New Rochelle; and that such vessel
may be sold at public auction or otherwise disposed at the direction
of the Harbormaster if not redeemed within 30 days of such notice.
