[Adopted 12-16-2008 by L.L. No. 7-2008, approved 12-31-2008]
As used in this article, the following terms
shall have the meanings indicated:
ANCHOR
A.
The act of holding a vessel secure by the dropping
of an anchor.
B.
The device or tackle used to anchor.
AUTHORIZED OFFICIAL
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.
MOORING
The device or tackle used to moor.
NAVIGABLE CHANNEL
The area defined and designated in this article, and marked
from time to time by the City or its Harbormaster, etc.
VESSEL
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.
(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.
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.