[HISTORY: Adopted by the Common Council of
the City of Kingston as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Waterfront — See Ch. 398.
[Adopted 12-16-2008 by L.L. No. 7-2008, approved 12-31-2008]
A.
The Inner or North Channel of the Rondout Creek is
a relatively shallow, narrow and constricted tidal water of the state
located within the bounds of the City of Kingston, being approximately
2,944 feet in length and avenging 125 feet in width throughout its
length. Said channel currently has no defined or marked navigation
corridor and the City finds it necessary and appropriate to insure
there is sufficient space for public navigation in the channel through
and along its length.
B.
The purpose of this article is to restrict and regulate
the anchoring and mooring of vessels and the location and manner of
construction of moorings, docks, piers and wharves within the Inner
or North Channel of the Rondout Creek in the City of Kingston situate
between the Island Dock on the south and the North shore of the Rondout
Creek in order to protect and preserve the navigability of the channel,
provide for adjacent access for vessels, protect the riparian rights
of the owners of the adjacent uplands and the City of Kingston's redevelopment
plans for the waterfront and the safety of persons and property.
C.
This article is necessary to advance policies and
purposes of the City of Kingston's adopted and state and federally
approved Local Waterfront Revitalization Plan.
As used in this article, the following terms
shall have the meanings indicated:
The City's Harbormaster and any other peace or police officer
as defined in the NYew York State Criminal Procedures Law; and the
City's Dockmaster.
The act of mooring.
The device or tackle used to moor.
The area defined and designated in this article, and marked
from time to time by the City or its Harbormaster, etc.
See New York State Navigation Law and includes all vessels
capable of or intended for the transport or carrying of people or
goods upon the water
No person shall place a mooring or anchor, nor
moor, nor anchor a vessel within the Inner Channel such that the vessel
moored or anchored, at full swing of its mooring or anchor line, will
be beyond a distance greater than 40 feet measured perpendicular to
either the north or the south shoreline of said channel, or in such
a manner that a vessel lies at any time within the lines of the marked
navigation channel, as it is marked from time to time by the City
or its Harbormaster or other designee.
No docks, piers, wharves, mooring buoys or other
structures (other than aids to navigation) shall be located, constructed,
or placed within (nor shall any person locate, construct or place
within) said Inner Channel and no vessels shall be berthed (nor shall
any person berth or otherwise moor a vessel) at a distance greater
than 40 feet measured perpendicular to either the north or the south
shoreline of said channel, or in such a manner that a vessel at any
time lies within the lines of the marked navigation channel, as it
is marked from time to time by the City or its Harbormaster, other
designee.
A.
There (is hereby established by enactment of this
article and) shall at all times be maintained (free from obstructions
to navigation) a centrally located navigable channel within the Inner
Channel having a width of approximately 45 feet.
B.
No person shall moor or anchor any vessel (nor shall
any vessel be moored) so as to obstruct or encroach upon the (lines
of the) navigable channel (or in any manner) so as to obstruct any
aid to navigation or so as to interfere with the free passage of any
vessel (in and through the navigable channel or) from or to any pier,
wharf or dock. If a pier, dock or wharf has legally been built to
the navigable channel line pursuant to this article, no vessel or
float may temporarily or permanently locate beyond the end of such
structure, since such vessel or float would encroach into the navigable
channel.
(In accordance with applicable federal and state
regulations) the Common Council of the City of Kingston or its designated
agent(s) may delineate the boundaries of the navigable channel of
the Inner Channel by the use of buoys, beacons or other fixed objects
in the water to identify the lines of the channel.
All provisions of the Navigation Law of this
state relative to the rules for vessels passing each other and other
matters consistent with proper use of the waters (in the City and
adjacent to the City a distance of 1,500 feet from the shore where
the City boundary ends along the shoreline) shall be complied with
by all vessels navigating the Inner Channel.
Every person operating a vessel shall at all
times operate the same in a careful and prudent manner and at such
a rate of speed as not to disturb the reasonable comfort or endanger
the property of another or the life or safety of any person or so
as to interfere with the free and proper use of the waters. Throwing
up a dangerous wake when approaching or passing another boat is prohibited
by this chapter.
A.
Enforcement. The City Harbormaster, Dockmaster, the
Kingston Police Department, the State Police, the Ulster County Sheriff's
Department, and any other police or peace officer as defined in the
New York State Criminal Procedure Law shall have authority to enforce
the provisions of this article, and are deemed "authorized officials"
for purposes of this article.
B.
Penalties for offenses.
(1)
A person who violates any provisions of or fails to
comply with any conditions imposed by this article shall have committed
a violation of this article punishable by a fine not exceeding $350
for a conviction of a first offense and punishable by a fine of $700
for a conviction of a second or subsequent offense occurring within
a period of five years. For the purpose of conferring jurisdiction
upon courts and judicial officers, each day of continuing violation
shall constitute a separate additional offense.
(2)
The Corporation Counsel for the City of Kingston is
authorized to institute any and all actions and proceedings necessary
to enforce this chapter. Any civil penalty shall be in addition to
and not in lieu of any criminal prosecution and penalty.
A.
Any vessel which is (anchored) moored or docked in
violation of this article shall be removed by the owner or person
in charge thereof on order of an official authorized to enforce the
provisions of this article.
B.
If such vessel is not removed as ordered, it may be
removed by or at the direction of the authorized official, and the
owner shall pay the cost of removal, including, without limitation,
towing and hauling, as well as the costs of any temporary storage.
If the owner is aboard the vessel, the order to remove may be made
orally or in writing.
C.
Any vessel which is moored or anchored in the marked
channel so as to obstruct or interfere with the free passage of any
vessel within the navigable channel or (lies within the lines of the
navigable channel or interferes with free access) from or to any pier,
wharf or dock is subject to immediate removal as determined by the
authorized official.
D.
If the vessel is not obstructing or interfering with the free passage of vessels as provided in Subsection C above, and if the owner is not aboard the vessel, an order to remove the vessel shall be posted by the City Harbormaster or Dockmaster 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.
This article is being enacted in furtherance
of the policies (and purposes) of the City of Kingston's Local Waterfront
Revitalization Plan (LWRP) under Article 42 of the Executive Law (and
the federal Coastal Zone Management Act and New York's Coastal Management
Program) and pursuant to the regulatory authority vested in the City
by § 20(8) of the General City Law, § 46-a(1)(b)
and (2) of the Navigation Law, § 10 of the Municipal Home
Rule Law of the State of New York, and Article IX of the New York
State Constitution.
