[HISTORY: Derived from Art. XIII of Ch. VI of the Charter
and Ordinances, 1974, of the City of Buffalo. Amendments noted where
applicable.]
The following terms, wherever used in this chapter, except as
otherwise specifically indicated, shall be defined to mean and shall
be held to include each of the meanings hereinbelow specifically set
forth, and any such term used in the singular number shall be held
to include the plural.
Includes all the navigable waters within the limits of the
City of Buffalo and the wharves, docks and piers adjacent thereto.
Includes every kind of vessel, boat, tug and raft, by whatever
power the same is designed to be propelled, and shall also include
a log, timber, wood, lumber and all other floating material.
Includes any sounding device.
A.
There shall be one Harbormaster and one Assistant Harbormaster, whose
hours of duty shall be fixed by the Commissioner of Public Works.
The Harbormaster shall have general supervision and control of the
harbor and shall keep an office in such place as the Commissioner
of Public Works shall designate, where, at all times during the season
of navigation, he may be found or where orders can be left and receive
prompt attention; and it shall be the duty of the Harbormaster to
see that provisions of this chapter are fully and faithfully observed,
and, when necessary, he shall call upon the Commissioner of Police
for aid to enable him to do so. In the absence of the Harbormaster,
the Assistant Harbormaster shall perform the duties of the Harbormaster.
B.
An employee of the department designated for such purpose shall have
charge, under the Commissioner of Public Works, of the operation and
maintenance of all movable bridges maintained by the City over the
harbor and control of the bridge engineers on watch.
C.
Bridge tenders on any watch shall be subject to the orders of the
bridge engineer on watch, and such engineer shall be responsible for
the general operating condition of such bridge.
The Harbormasters, bridge tenders and bridge engineers shall
be under the Department of Public Works and shall perform such duties
as may be prescribed by the orders of such Department or by ordinance.
The bridge engineers and bridge tenders shall at all times obey orders
from the Harbormaster as to opening and closing of such bridges.
Each Harbormaster shall, at all times while on duty, wear his
badge. He shall keep accurate account and record of each case of damages
to bridges, docks and to all other City property pertaining to the
harbor accruing from any violation of the provisions of any ordinance
by any person, firm or corporation; the name of the person, firm,
corporation or vessel causing such damage; and the name of the owner,
master or consignee of said vessel and shall gather all evidence and
information in his power forthwith concerning every such violation,
keep an accurate record of the amount of such damage and an account
of all claims known to him against the City for damages sustained
by vessels while in the harbor and make a detailed report thereof
to the Commissioner of Public Works.
Whenever there shall be in the harbor any vessel insecurely
fastened, adrift, sunken or laid up which, in the judgment of the
Harbormaster, should be fastened, raised, removed or its location
changed, he shall notify the owner, master or other person in charge
thereof to secure, raise or remove such vessel without delay. If the
Harbormaster is unable to find the master, owner or person in charge
of such vessel as aforesaid or if no person answering such description
is known to him, such notice shall not be required. If any vessel
shall not be secured, raised, removed or its location changed in compliance
with the direction of the Harbormaster forthwith, after notice, or
if the Harbormaster shall be unable to serve such notice as aforesaid,
in either case he shall cause such vessel to be secured, raised, removed
or its location changed as required, employing such assistance as
may be necessary for the purpose. All expense which may be incurred
in any such case shall be recoverable of the owner, consignee, master
or other person responsible for the management of such vessel.
A.
The bridge tender or person in charge of any bridge over any portion
of the harbor shall change the semaphore vessel signal to show green
instead of red to acknowledge the vessel signal for opening the bridge,
if the bridge can or will be opened for such signal, clear the bridge,
close the highway barriers, if any, and unlock the bridge. The failure
to at once change the semaphore vessel signal shall indicate that
the bridge will not be immediately opened in reply to such signal.
When all is clear, the bridge engineer shall blow one blast of the
bridge whistle to show that the bridge is to be raised or two blasts
to show that the bridge is to be lowered.
B.
No person shall drive or attempt to drive any vehicle onto or across
the draw of any bridge over any portion of the harbor while the same
is opening or shutting or after the signal for the opening thereof
and before the opening is begun or displayed or resist the tender
thereof in his efforts to keep and promote order and equal convenience
to those desiring to cross said bridge.
C.
No person in charge of any vehicle shall permit the same to cross
any of the bridges over the harbor at a faster rate of speed than
the legal speed limit or unless otherwise posted.
D.
No person shall unnecessarily or willfully remain or stop any vehicle
upon any of said bridges or in or upon the approaches thereto. It
shall be the duty of every person on foot or in charge of any vehicle
to keep to the right when crossing said bridge.
E.
When said bridge has been opened and closed, vehicles shall cross
in the following order, namely: Those occupying the street upon which
the bridge is situated shall cross first; those occupying the cross
streets and upon the right-hand side of the bridge shall cross next;
and those occupying the cross streets and upon the left-hand side
of the bridge shall cross last. No person shall cross or attempt to
cross or break into the line of vehicles while crossing or attempting
to cross any such bridge.
F.
All persons are forbidden to gather in assemblies or crowds on any
bridge over any portion of the harbor or the approaches leading thereto
so as to obstruct in any manner the passage of pedestrians and vehicles
across the same or be and remain upon any of the sidewalks or main
passage of any such approach longer than is necessary to pass the
same. No band of musicians shall play or beat time to keep step with
each other while they or any procession or body of persons marching
with them or any portion thereof are upon or crossing any such bridge.
[Amended 5-22-1995, effective 6-2-1995]
A.
The movable highway bridges over portions of the harbor shall not
be open for passage of vessels, other than fire tugs operated by the
City of Buffalo, during the times hereinafter specified, except to
prevent imminent danger or injury to any such bridge; provided, however,
that discretionary power is hereby conferred upon the Commissioner
of Public Works to order the opening of any of said lift bridges at
any time during an emergency or to promote public convenience:
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Michigan Avenue bridge over the Buffalo River from 7:30 a.m.
to 8:30 a.m. and from 4:45 p.m. to 5:30 p.m.
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Ohio Street bridge over the Buffalo River from 7:30 a.m. to
8:30 a.m. and from 4:30 p.m. to 5:15 p.m.
| |
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South Michigan Avenue bridge over the City ship canal from 7:00
a.m. to 7:30 a.m., from 8:00 a.m. to 8:30 a.m., from 3:45 p.m. to
4:30 p.m. and from 5:15 p.m. to 6:00 p.m.
| |
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South Park Avenue bridge over the Buffalo River from 7:00 a.m.
to 8:30 a.m. and from 4:30 p.m. to 6:00 p.m.
|
Whenever any person having charge of any vessel shall wish to
move the same past any bridge over any portion of the harbor, reasonable
time shall be allowed for opening the same.
Whenever, at any alarm of fire, any fire engine or other fire
apparatus shall approach any bridge over the harbor for the purpose
of crossing the same toward such fire, the bridge tender shall, if
such bridge is open, close the same as soon as practicable and keep
it closed until such fire apparatus shall have had an opportunity
to pass over said bridge, notwithstanding vessels may be delayed thereby.
All vehicles of the Fire Department and the Police Department and
vessels operated by either of said Departments shall have the right-of-way
across or through any such bridge over all other traffic.
A.
It shall be unlawful for the owner, officer or other person in charge
of any vessel to attempt to pass any movable bridge across the harbor
while a stop signal is being given or displayed.
B.
The Commissioner of Public Works shall provide and maintain signals
at the public highway bridges over the harbor as required by the Commissioner
of Lighthouses for the security of navigation.
C.
The owner of any movable bridge over the harbor shall provide and
maintain vessel signals as required by the Commissioner of Lighthouses
or by ordinances of the City of Buffalo for the security of navigation.
During closed seasons, navigation lights on bridges over the harbor
and other structures in the harbor must be exhibited from sunset to
sunrise at all times when vessels can enter port or are navigating
in the vicinity.
For all bascule or swing bridges over any portion of the harbor
not carrying highway traffic, when any vessel shall signal for its
opening, the bridge tender shall immediately open the bridge, unless
a train is on the bridge or approaching it so closely as to be unable
to stop, and in that case the bridge shall be kept closed long enough
for the passage of one train and no more.
Every owner or person in charge of any vessel desiring to pass
through a movable bridge over the harbor shall sound or cause to be
sounded a steam whistle to signal bridge tenders to open and swing
bridges, and such signal shall be three sharp, short sounds of the
whistle, to be given in succession as quickly as possible and not
to be prolonged, and the whistle used for this purpose shall be of
suitable size to be heard.
A.
No person, firm or corporation shall blow or cause to be blown the
steam whistle of any vessel for any purpose whatever while at any
wharf or dock in the City of Buffalo or when approaching or leaving
such wharf or dock or when passing through any drawbridge over the
harbor or when running in the harbor, except when necessary as a signal
of danger and in cases and under circumstances prescribed by the laws
and regulations of the United States and by the Code of the City of
Buffalo.
B.
No captain or person in charge of a vessel in the Buffalo Harbor
shall permit any whistle upon such vessel to be blown except for the
purpose of giving and answering signals; and no four-whistles shall
be answered by any vessel while lying at the dock.
Every owner, lessee or person in possession of premises abutting
on the harbor or abutting upon the channels of Buffalo River, Cazenovia
Creek, Black Rock Harbor and the basins, slips and waters of the City
shall at all times keep the wharves and docks on such premises in
good repair and safe condition and shall at all times keep, maintain,
build, alter, repair and rebuild sheeting, sheetpiling, wharfing or
docking along the margin or banks of said channels, harbors and waters
to prevent the obstruction of such channels and waters and to protect
the banks thereof.
A.
It shall be the duty of every person, firm or corporation, before
repairing, renewing, altering or constructing any dock within the
City or any sheeting, sheetpiling, wharfing or docking along the margin
or banks of the channels of Buffalo River, Cazenovia Creek, Black
Rock Harbor and the harbors, basins, slips and waters of the City
to secure a permit therefor from the Department of Public Works, which
permit shall specify the character and location of such construction,
repairing, renewal or alteration. In the event of any such docking,
sheeting, sheetpiling, wharfing or docking along the margin or banks
of said channels, basins, slips and waters having been repaired, renewed,
altered or constructed without such permit, the person, firm or corporation
causing such work to be done may be required at once and at his own
expense to remove the same; and in default of such removal of the
same, the Commissioner of Public Works is authorized to cause such
docking, sheeting, sheetpiling, wharfing or docking to be removed
at the expense of the owner thereof.
B.
The owners of a dock or wharf in and along the harbor shall make
suitable and sufficiently strong mooring posts on or along the said
dock or wharf to which the largest vessels may be tied up by lines
or cables strong enough to hold said vessel or vessels at any and
all times, especially during flood times and the movement of all floodwaters
and ice.
No person, firm or corporation shall drive or place or cause
to be driven or placed any pile or piles, stone, timber, earth or
other obstruction of any kind whatsoever in the harbor of the City
or build, construct or repair any dock therein or build or cause to
be built any bridge or other structure across any portion of the harbor
or drive or place or cause to be driven or placed any pile or piles
of timber or make any excavation for the purpose of furnishing or
laying foundation for any building or structure at any point within
40 feet of any part of the harbor without permission, in writing,
from the Commissioner of Public Works so to do. Any person desiring
to drive or place any pile or piles, stone, timber, earth or other
obstruction or build, construct or repair any dock in the harbor or
to build any bridge or other structure across the Buffalo River or
any of its branches or across the City ship canal or to drive or place
any pile or piles or make any excavations for the purpose of furnishing
or laying foundations for any building or structure within 40 feet
of the harbor shall make application, in writing, for permission so
to do to the Commissioner of Public Works, furnishing with such application
a sketch or plot showing the nature of the work desired to be done;
and upon such application being made and such sketch or plot being
furnished as herein required, the Commissioner of Public Works shall
issue the permit desired, unless it shall appear that the work desired
to be done will result in unduly obstructing the harbor or in endangering
the safety of any dock, pier, breakwater or other structure located
upon or along the harbor.
It shall be the duty of the Harbormasters to report to the City
Engineer any and all encroachments upon the harbor lines as now established
or which may hereafter be established, and thereupon said Harbormasters
and City Engineer shall take such action as may be necessary to enforce
the provisions of this chapter and to remove or cause to be removed
any such obstruction or encroachment. If it shall be found that any
pile, stone, timber, earth, dock, bridge or other obstruction whatever
has been placed in any part of the harbor in violation of the provisions
of this chapter and that the person who has placed or caused the same
to be placed therein refuses or neglects to remove such obstruction
upon being required so to do by the Harbormasters, City Engineer or
Commissioner of Public Works, the Harbormasters, City Engineer and
Commissioner of Public Works, or either of them, shall have the power
and it is hereby made their duty to proceed forthwith to remove such
obstruction and to charge the expense of such removal to the person,
firm or corporation causing such obstruction to be placed in the harbor.
No person, firm or corporation discharging the cargo of any
vessel shall suffer any part of such cargo to remain projecting over
the front of any wharf after such vessel shall remove from the wharf.
No owner or master or other person in charge or command of any
vessel in the harbor shall operate it or anything that it may have
in tow upon, against or over any rope, chain or other fastening, mooring,
dredge or other machine used by or for the City of Buffalo for deepening,
widening and improving the channel of the harbor so that said dredge
or other machine shall be displaced, hindered or delayed in the working
thereof.
No person shall throw, discharge or deposit or cause, suffer
or procure to be thrown, discharged or deposited, either from any
vessel or from the shore or from any dock, pier, wharf, manufacturing
establishment or mill, any refuse matter of any kind or description
into any navigable water within the City of Buffalo or into any tributary
to any navigable water from which the same shall float or be washed
into such navigable water; and no person shall deposit or cause, suffer
or procure to be deposited material of any kind in any place on the
bank of any navigable water or the bank of any tributary to any navigable
water where the same is likely to fall or be washed, either by fluctuations
of water level or by storms or floods or otherwise, into such navigable
waters whereby navigation shall or may be impeded or obstructed.
No vessel shall be moored or anchored within the harbor in such
manner as to prevent the passage of any other vessel, nor shall any
vessel be moved so as to run against or injure any bridge over any
portion of the harbor.
Either Harbormaster may at any time order the owner or captain
of any tug in the harbor to move, by means of such tug, any vessel
to any place in the harbor; and the owner of the vessel receiving
such assistance shall pay the person or persons, owners or captains
rendering such assistance the reasonable value thereof.
The Harbormasters shall give such orders and directions relative
to the location, change of place or stations of vessels, the manner
of moving the same and the use of the harbor as may be necessary to
promote good order and the safety and equal convenience of vessels
therein.
It shall be unlawful for the owner or other person in charge
of any vessel navigating the harbor to attempt to pass any bridge
over any portion of it while said signal or signals are up or elevated
or to approach so near to any such bridge at such time that the same
may be injured or damaged or while any such bridge may be opening
or closing.
Every vessel navigating the harbor, when passing any bridge
or ferry, shall be moved past the same as expeditiously as is consistent
with a proper movement in the harbor, but in no case shall any vessel,
while passing any bridge or ferry and obstructing the passage across
such bridge or ferry, move at a rate of speed less than two miles
an hour. No vessel shall be so anchored or fastened as to prevent
any bridge from a free and speedy opening or any ferry boat from a
free and direct passage: nor shall any line or fastening be so thrown,
laid or made fact as to cross the track of any bridge or ferry.
Every person, firm or corporation owning or in charge of a vessel
lying in or navigating the harbor shall be respectively governed by
the following further provisions:
A.
Every vessel using steam shall have its smoke pipes so constructed
and managed as to prevent sparks or coals of fire escaping therefrom.
B.
Every vessel shall be moved slowly so as not in any case to endanger
or injure other vessels and shall not approach or pass any movable
bridge at a speed exceeding three miles per hour.
C.
All vessels shall heed a slow signal given by another craft when
passing.
D.
No master or other person owning or having charge of any vessel shall
leave the same in the harbor without having on board or in charge
thereof some competent person to control, manage and secure the same,
without first obtaining the permission of the Harbormasters.
E.
They shall likewise have and keep out on board during the nighttime
a conspicuous light and shall have extinguished or safely secured,
at dark, all fires which may be kept on board.
F.
No vessel shall be permitted to lie in the harbor adrift or insecurely
fastened at any time. All vessels moored in the harbor shall be securely
fastened by lines or cables strong enough to hold said vessel at any
and all times and shall, in addition thereto, drop anchor while so
moored, but no vessel shall be so moored or anchored as to prevent
passage of any other vessel. Special precautions shall be used in
tying up vessels during the winter season and during flood times and
the movement of all floodwaters and ice.
G.
Safe navigation of the Buffalo River is the sole responsibility of
the Captain of each vessel. It shall be the duty of each Captain to
determine if the assistance of a tug is necessary when passing a bridge
over the Buffalo River.
[Added 7-20-2004, effective 8-2-2004]
No vessel laden in whole or in part with such explosives as defined in § 451 of the Labor Law shall land at or make fast to any dock or wharf within the harbors, canals and other public waters of the City or be within such harbors, canals and other public waters or discharge or take on a full or partial cargo of such explosives within said limits except in accordance with such written permissions and regulations as provided in Chapter 103 of the Code and in accordance with the laws and regulations of the United States government and the State of New York and their several agencies pertaining thereto. The Bureau of Fire Prevention is hereby authorized to prevent any vessel with such explosives on board from making fast to any wharf or dock or unloading or loading such cargo within the limits aforesaid unless proper permissions have been granted. The Harbormaster shall render such assistance as requested by the Bureau of Fire Prevention to carry out the provisions of this section. The prohibitions herein contained shall not be construed to interfere with the authorized procedures of the Armed Forces of the United States and the State of New York and the duly constituted police or fire-fighting forces of the state and its civil and political subdivisions.
It shall be unlawful for any master, owner or person in possession,
charge or control of any vessel of a kind to operate, navigate, keep
or maintain the same in the harbor unless the same shall have a name
plainly and conspicuously displayed thereon, which shall be large
enough and in such a position as to be readily distinguishable and
readable on both sides or from the rear thereof for a distance of
at least 500 feet, and such name shall be of such distinctive character
that any such vessel of any kind may be readily identified by the
same.
No person, firm or corporation shall at any time blow or cause
to be blown a whistle on any vessel while lying at any wharf or dock
in the City of Buffalo or when approaching or leaving such wharf or
dock or when passing through any bridge draw in the City of Buffalo
or when running in the harbor, unless it is necessary to the operation
of said vessel.
No more than two vessels abreast shall be permitted to navigate
in Buffalo Harbor, and no more than three vessels, including fireboat
or tug, shall be permitted to navigate Buffalo Harbor except by permission
of the Harbormaster.
The provisions of this chapter, subject to the superior authority
of the State of New York and of the government of the United States,
shall apply to all parts of the harbor and to the street approaches
to movable bridges over any portion of said harbor, but they shall
not be construed to interfere in any manner with the operation of
any vessel used by the Fire Department or the Police Department of
the City of Buffalo.
Any person, firm or corporation who or which shall violate any
of the provisions of this chapter shall be liable to a penalty or
fine of not more than $1,000. Any penalty specified in this section
may be recovered by the City of Buffalo in a civil action, or, upon
conviction in a court of criminal jurisdiction, a person shall be
subject to the fine herein mentioned. In case any person does not
immediately pay the penalty or fine imposed, he may be committed to
the Erie County Penitentiary for a term not to exceed six months.
[Added 6-27-2000, effective 7-11-2000]
A.
Unless the vessel is owned or being operated by the United States of America, the State of New York, the County of Erie or the City of Buffalo, all vessels shall be charged a docking fee at City-owned properties (including Erie Basin Marina) as outlined in Chapter 175, Fees.
[Amended 1-11-2002, effective 1-22-2002]
B.
Any person, firm, entity or corporation docking at a City-owned property
(including Erie Basin Marina) without the permission of the Commissioner
of Public Works shall be punishable by a Class E fine in the amount
of $105. The Commissioner of Police and the Commissioner of Public
Works shall possess concurrent jurisdiction in the enforcement of
this provision.
C.
Any vessel docked at a City-owned property without permission shall
be towed away by the Commissioner of Public Works, and the cost of
such towing shall be charged to the owner of the vessel.
