[HISTORY: Adopted by the Common Council of the City of Kingston as indicated in article histories. Amendments noted where applicable.]
Waterfront — See Ch. 398.
[Adopted 12-16-2008 by L.L. No. 7-2008, approved 12-31-2008]
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.
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.
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:
- 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.
- The act of 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.
- 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.
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.
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.
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.
Penalties for offenses.
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.
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.
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.
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.
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.
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.