Seasonal periods for rental of small vessel
spaces, vessel slips, dry boat storage and wet boat storage shall
be as follows:
A.
Summer:
(1)
Seasonal small vessel spaces: April 15 to November
15, inclusive.
(2)
Seasonal vessel slips: April 15 to November 15, inclusive.
(3)
Dry boat storage: June 1 to September 30, inclusive.
(4)
Boat valet dry storage service: April 15 to November
15, inclusive.
[Added 12-11-2007 by Ord. No. 288-2007]
B.
Winter:
[Amended 11-18-2003 by Ord. No. 239-2003]
Fees and charges for use of the following facilities or privileges at the City docks and municipal marinas shall be as set forth in Chapter 133, Fees:
A.
Seasonal fees, nonresidents.
B.
Rental of summer seasonal small vessels spaces, other
than slips, including kayaks and canoes.
[Amended 11-16-2004 by Ord. No. 251-2004]
C.
Rental of summer seasonal vessel slip and winter storage.
[Amended 12-9-2008 by Ord. No. 233-2008]
(1)
In computing vessel lengths, fractions of a foot will
be deemed to be a whole foot. Overhangs fore and aft for any purpose,
including but not limited to bowsprits, swimming platforms, boomkins,
davits and motors, will be taken into account in determining vessel
length, except that outboard motors on vessels 18 feet or less will
not be included.
(2)
Rental of a vessel slip entitles the owner to use
one dock box without additional charge.
D.
[1]Dry boat storage, winter season (includes hauling, launching
and shoring).
[Amended 12-9-2008 by Ord. No. 233-2008]
E.
Keel-type sailboats (includes hauling, launching and
shoring).
[Amended 12-9-2008 by Ord. No. 233-2008]
F.
Wet boat storage, winter season.
G.
Use of the public dock.
H.
Towing fees.
I.
Vessel hauling and launching.
J.
Special bottom scrubbing.
K.
Pumping.
L.
Labor charge for extra service.
M.
Use of electric power in the Municipal Boatyard.
(1)
Electric power will not be supplied during the hours
when the Boathouse is closed, nor during inclement weather conditions.
(2)
It shall be unlawful for any person to use an outlet
for electric power for an electric heater.
(3)
The use of electric power shall be at the sole risk
and responsibility of the person using the same.
(4)
In addition to other penalties provided for by this
chapter, the Harbormaster may discontinue the use of electric power
at any time for reasons of public safety or abuse thereof.
N.
Vessel cradles and trailers.
O.
Kayaks and canoes.
[Amended 11-16-2004 by Ord. No. 251-2004]
P.
Boat slip waiting list application.
[Amended 11-16-2004 by Ord. No. 251-2004]
Q.
Boat valet dry storage service (includes unlimited
launches and hauls).
[Added 12-22-2007 by Ord. No. 287-2007]
R.
Environmental surcharge fee.
[Added 12-22-2007 by Ord. No. 287-2007]
S.
Jet skis.
[Added 12-11-2012 by Ord. No. 199-2012]
[Amended 12-9-2008 by Ord. No. 233-2008]
A.
It shall be unlawful for any person to use the docks,
floats, slips and other facilities unless the fees for the use of
such facilities have been paid for the current year and a duly authorized
receipt or slip or mooring sticker has been issued by the Harbormaster
to such person for the use of the specific facility or facilities.
B.
Holders of slip or mooring stickers are required to
exhibit the same at the request of the Harbormaster or other individual
authorized to enforce the provisions of this chapter.
A.
Vessels stored. Vessels stored in the Municipal Boatyard
after May 31 will be charged $1.00 per foot per day for the period
or part thereof from June 1 through September 30, unless prior arrangements
for storage are approved at the regular summer dry storage rental
rate.
B.
Abandoned vessels. Vessels remaining in the yard for
which storage or removal arrangements have not been made with the
Harbormaster prior to June 1 for current summer storage, or October
1 for current winter storage, shall be considered abandoned and in
the custody of the Harbormaster.
C.
Redemption of vessels. All vessels in the custody
of the Harbormaster may be redeemed by the owner within 60 days upon
payment of the necessary expenses of removal and storage.
D.
Reimbursement for removal expenses. All vessels that
shall remain in the custody of the Harbormaster for 60 days without
the owner having paid expenses of removal and storage may be sold
at public auction to the highest bidder at the time and place of sale,
with the proceeds retained by the City for reimbursement of removal
expenses, or vessels may be removed and/or destroyed at the discretion
of the Harbormaster.
[Amended 12-9-2008 by Ord. No. 233-2008]
A.
The rental of small vacant vessel spaces at the Municipal
Marina for the summer season shall be limited to residents of New
Rochelle and marina customers (i.e., mooring, winter storage) until
March 15 of each year.
[Amended 12-9-2008 by Ord. No. 233-2008]
B.
The rental of small vacant vessel spaces for the summer
season shall be opened to nonresidents of the City after March 15
and shall be rented to nonresidents for the current year only.
[Amended 12-9-2008 by Ord. No. 233-2008]
C.
Applications for the renewal of vessel slips shall
be accepted up to and including February 15.
[Amended 12-9-2008 by Ord. No. 233-2008]
D.
New Rochelle residents shall receive preference in
vessel slip accommodations for vessels up to and including 40 feet.
E.
Applications for rental of vessel slips for vessels
over 40 feet in length shall be accepted without preference as to
residential status; except, however, that residents shall receive
preference where vessels are of equal size to those of nonresident
applicants.
F.
The City reserves the right to reassign slips and
small vessel spaces that have been permanently vacated for the current
season by the originally assigned tenant's vessel. The Harbormaster
may assign these slips and small vessel spaces to another vessel on
a permanent or temporary basis at the applicable prevailing rate.
G.
The subleasing or transfer of a slip or small vessel
space by an assigned tenant will not be permitted without the approval
of the Harbormaster. Residents of New Rochelle shall receive preference
in the reassignment of subleased slips or small vessel spaces.
H.
Applications for resident rentals shall be accepted
upon satisfactory proof of residence within the City of New Rochelle.
Such proof shall consist of automobile owner's license, operator's
license, vessel registration certificate or any other document sufficient
to prove residential status to the satisfaction of the Harbormaster.
I.
Applications for rental of dry storage space for the
winter season will commence on September 15 for all residents of New
Rochelle.
[Added 11-18-2003 by Ord. No. 239-2003]
J.
Applications for rental of dry storage space for the
winter season will commence on October 1 for all Nonresidents.
[Added 11-18-2003 by Ord. No. 239-2003]
A.
No third-party contractor shall perform any work on
any vessel in the Municipal Marina without first having obtained written
approval from the Harbormaster.
B.
Approval to perform work on vessels in the Municipal
Marina shall be issued by the Harbormaster subject to the following
conditions:
(1)
A Marina premises agreement therefor shall be made
on a form prescribed by the Harbormaster.
[Amended 12-9-2008 by Ord. No. 233-2008]
(3)
The applicant must submit a certificate of general liability insurance in limits of bodily injury coverage of $1,000,000 for each person and $1,000,000 for each occurrence and for property damage in limits of $1,000,000. The foregoing provisions of this subsection shall not apply to applicants for permits under Subsection B(2)(c) above.
[Amended 12-10-2002 by Ord. No. 226-2002]
(4)
The provisions of this section shall not be applicable
to any concessionaire occupying premises at the Municipal Marina with
the consent of the City of New Rochelle.
(5)
The Harbormaster, after due notice to the applicant,
may investigate complaints, hold hearings and revoke the approval
of any person who fails to render satisfactory service or who engages
in unethical practices, with due consideration to be given to normal
and acceptable standards for persons engaging in similar work in the
community. In the event that an approval is revoked by the Harbormaster,
an aggrieved party may review such determination by appeal to the
Commissioner of Parks and Recreation within 10 days after the date
of revocation. An aggrieved party, in his/her request for a review,
shall set forth in detail a statement containing any error or errors
claimed to have been committed by the Harbormaster in making his or
her determination.
A.
No vessel shall be moored at floats or slips after December 1 within the Municipal Marina or in designated mooring areas, where mooring devices have been installed by the City or under a services agreement contract with the City of New Rochelle, unless a hauling application is on file for such vessel unless storage arrangements have been made with the Harbormaster. Vessels moored after December 1 for which no hauling application is on file, or for which storage arrangements have not been made, may be removed by the Harbormaster and stored at his or her discretion. In such case, at least five days prior to removal, the Harbormaster shall send a letter to the owner of record by certified mail, return receipt requested, and by ordinary mail informing such person of the action to be taken and the possible future consequences, as stated in Subsection B of this section.
B.
All vessels removed by the Harbormaster may be redeemed
by the owner within 60 days upon payment of necessary expenses of
removal and storage.
C.
All vessels that shall remain in the custody of the Harbormaster of the Marina for 60 days without any lawful claimant thereto having paid the expense of removal and storage may be sold at public auction by the Harbormaster to the highest bidder at the time and place of sale pursuant to the notice of removal and sale at auction, as provided in § 168-25 of this article.
No person other than duly authorized boatyard
personnel may haul or launch any vessel at the Municipal Boatyard,
except persons launching or hauling prams and dinghies assigned summer
dock storage spaces. No person other than the duly authorized boatyard
personnel may jack up or change the blocking or bracing of any vessel
in the Municipal Boatyard.
A.
No person may start or run an engine in a vessel while
it is on blocks or trailers in the Municipal Boatyard.
B.
No person may burn paint off any vessel with an open
flame, while it is in any part of the Municipal Marina or Boatyard,
unless the Harbormaster is notified at least 24 hours in advance and
permission is granted by the Harbormaster to proceed with such work.
C.
It shall be unlawful to burn debris of any description
in any area of the Municipal Boatyard and Marina.
D.
No person may fuel vessels moored to City-owned floats,
piers, docks, or seawalls, or on City beaches or City waterfront property
or moored to any dock, float or marina or anchored in any harbor within
the City of New Rochelle by any other means other than an authorized
marine refueling facility. Portable containers are in violation of
the municipal fire code.
[Added 12-9-2008 by Ord. No. 233-2008]
[Amended 12-10-2002 by Ord. No. 226-2002]
Vessels moored to City-owned floats, piers,
docks, or seawalls, or aground on City beaches or City waterfront
property, or abandoned, or in an unsafe condition, partially or completely
sunken, or in a position to do damage to City equipment or adjacent
legally moored vessels, for which corrective measures have been taken
within 24 hours, may, by direction of the Harbormaster, be pumped,
or otherwise removed from such City installation, and the actual cost
of such pumping and removal and disposal shall be charged to the owner
or person in charge of the vessel. Owners need not be notified in
advance of pumping or removal of unsafe vessels. If the Harbormaster
determines an immediate emergency, the Harbormaster may take action
to stop the cause of any pollution emanating from the sunken vessel
and may remove or cause the vessel to be removed, without prior notice
to the owner of the vessel, and shall recover all costs associated
with removal and storage or disposal of the vessel from the owner
of the vessel.
Any vessel stored in the Municipal Boatyard
may be held, by direction of the Harbormaster, for nonpayment of fees
for services and shall not be launched or removed from the Municipal
Boatyard until such legally assessed fees are paid.
[Amended 11-18-2003 by Ord. No. 239-2003; 12-9-2008 by Ord. No. 233-2008]
All persons using harbor, dock, slip, float
or dock box facilities shall agree in writing that the City bears
no liability for any risk of loss or damages arising out of such docking,
mooring or storage to persons, property or equipment and that he/she
releases the City from all liability therefor and shall comply with
all provisions in the chapter and with the following regulations:
A.
Unauthorized vessels are not permitted to tie up to
floats. If found tied, they will be removed from the water, stored
on land, and owners will be required to pay the expenses of removal
and storage.
B.
Unidentified vessels tied up to floats must prove
eligibility for tying to rings within 24 hours from the date notice
is posted on the vessel, or will be considered unauthorized.
C.
Removal of rings from floats, cutting of chains attached
to rings on floats or tampering with any dock hardware is prohibited.
D.
Storage of masts and other boating equipment on the
floats is prohibited.
E.
Vessel owners are advised not to leave outboard motors,
oars, etc., in boats tied to floats.
F.
Vessels may dock at the float extending from Piers
B and C at the Municipal Marina for the purpose of taking on provisions,
supplies and passengers only for the following period of time:
G.
It shall be unlawful to leave unattended any vessels
utilizing electrical power while stored upland in dry storage.
H.
It shall be unlawful to leave unattended any heating
device, electrical, fuel, or propane fired, on a vessel stored upland
in dry storage or in-water wet storage.
