[HISTORY: Adopted by the Common Council of the City of Oswego 5-12-1980
as Ch. 59 of the 1980 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 59.
Animals — See Ch. 63.
Bicycles — See Ch. 72.
Business Improvements Districts — See Ch. 87.
Economic Development Zone — See Ch. 106.
Noise — See Ch. 165.
Peddling and soliciting — See Ch. 180.
Vehicles and traffic — See Ch. 257.
Water — See Ch. 263.
Waterfront revitalization — See Ch. 267.
Zoning — See Ch. 280.
The Harbormaster is hereby authorized and required to carry into effect
the sections of this chapter and to collect and promptly pay over to the City
Chamberlain, to the credit of the Harbor and Dock Commission, all moneys collected
by him. He shall keep a book in which shall be entered a full account and
statement in items of all moneys received by him in his official capacity,
and by whom, for what and when paid, and of all sums due from any person,
firm, association, corporation, craft or vessel.
The Harbormaster is hereby authorized and directed to give orders and
directions, as he may deem proper, relative to the location and change of
berth or station of every steam vessel or other vessel, barge, launch, canal
boat or float in the harbor of Oswego. Every such neglect or refusal to comply
with such orders or directions is a misdemeanor. If any such steam vessel
or other vessel, barge, launch, canal boat or float shall not be in charge
of any person or if any person having such steam vessel or other vessel, barge,
launch, canal boat or float in charge shall neglect or refuse to move the
same, the Harbormaster may move said steam vessel or other vessel, barge,
launch, canal boat or float to any berth or station in the waters of the harbor
that, in his opinion, shall best promote the interests of those doing business
in or about the harbor and the expenses and charges for said removal shall
be a charge and lien upon said steam vessel or other vessel, barge, launch,
canal boat or float, tackle, apparel and furniture thereof and against the
owner thereof. In default of payment of said charge and lien within forty-eight
(48) hours after the same shall have accrued, said steam vessel or other vessel,
barge, launch, canal boat or float, tackle, apparel and furniture may be seized
and sold by the Harbormaster at public auction, on three (3) days' notice
in the official papers of the city, and by posting said notice of sale, either
written or printed or partly written and partly printed, in some conspicuous
place and upon such steam vessel or other vessel, barge, launch, canal boat
or float for three (3) days next preceding the time of sale mentioned in said
notice to satisfy said charge and lien. Such sale shall be between the hours
of 10:00 a.m. and 5:00 p.m. of the same day and shall be for cash, and the
property so seized shall be sold to the highest responsible cash bidder or
bidders, and thereafter, without unreasonable delay, said Harbormaster shall,
under his hand and seal, execute and deliver to the purchaser or purchasers
a conveyance or bill of sale of the property so sold. Such conveyance or bill
of sale shall be presumptive evidence that the sale and all proceedings prior
thereto, from and including the notice to remove any steam vessel or other
vessel, barge, launch, canal boat or float, as in this section provided, and
that all notice or notices required by this section to be given were regular
and regularly given according to the provisions of this section and all laws
and ordinances directing and requiring the same, or in any manner relating
thereto. Upon such sale and the execution and delivery of said conveyance
or bill of sale as aforesaid, the title to the property so sold and conveyed
shall be absolute in said purchaser or purchasers. The money derived from
such sale shall within forty-eight (48) hours be paid by the Harbormaster
to the City Chamberlain and by him credited to the Harbor and Dock Commission
of the city.
Any person, association or corporation who shall cast or deposit or
cause or suffer to be cast or deposited in the Oswego river, harbor, canal
basin or slips of and in the City of Oswego or any of them any earth, stones,
ashes, snow, ice, sawdust, chips, shavings, paper, filth, floating matter
or any material of any description shall be subject to a fine not to exceed
one hundred dollars ($100.).
Any person, association or corporation who shall abandon or suffer to
remain in the river, harbor, canal, canal basin, slip or slips of and in the
City of Oswego or any of them for a period of ten (10) days any old or sunken
craft, float, canal boat or vessel of any kind of which he is the owner agent,
consignee or master shall be subject to a fine of twenty-five dollars ($25.).
After the lapse of such ten (10) days, it shall be lawful for the Harbormaster
to remove the same to some place of safety or, if the same is or are practically
worthless, to destroy the same or cause the same to be destroyed, and for
the expense of such removal or destruction the City of Oswego shall have a
cause of action against the owner, consignee or master of such craft, float,
boat or vessel, jointly or severally, to be prosecuted in any court or courts
having jurisdiction of such cause or action.
No person, association or corporation shall moor or fasten, or shall
aid or be concerned in mooring or fastening, in any manner, any boat, vessel,
canal boat, steam vessel or other craft or float of any description, to any
bridge across the Oswego River in this city, or any part thereof, or to any
pier or abutment thereof. Any person, association or corporation violating
this section shall be subject to a fine of fifty dollars ($50.).
All steam vessels coming into or going out of the harbor shall be moved
slowly, so as not to endanger other craft in port; failing to do which, the
owner or owners, or officer or officers of such steam vessels shall be subject
to a fine of twenty-five dollars ($25.) for each offense.
No vessel propelled in whole or in part by mechanical power shall within
the harbor of Oswego be moved at a greater rate than four (4) miles an hour;
provided, however, that it shall be lawful for tugs within the harbor of Oswego
to move at a rate of speed not exceeding eight (8) miles an hour. The owner
or owners, officer or officers or other persons, violating this section shall
be subject to a fine of twenty-five dollars ($25.).
It shall not be lawful, except in cases required by acts of Congress
and the regulations made pursuant thereto, or except when absolutely necessary
as a signal of danger or warning, to blow the whistle of any tug, propeller
or other craft propelled by steam in the Oswego River at a point south of
the south line of Seneca Street between sunrise and sunset. A violation of
this section is punishable by a fine of not to exceed fifty dollars ($50.).
Every boat or vessel lying or being in the waters of the river or harbor
in this city, except when lying at any wharf with another vessel lying outside
of her, shall, during the season of navigation, within one-half (1/2) hour
after sunset, have a white light which shall be kept burning until sunrise,
properly secured upon some part of said boat or vessel, so as to be distinctly
seen from other boats or vessels being in or navigating said river or harbor.
A violation of this section shall subject the master, owner or consignee of
said boat or vessel or any person in charge thereof to a fine of ten dollars
($10.).
All vessels while lying in Oswego harbor shall have their anchors kept
in board upon deck or suspended from the hawse pipe by the ring or shackle;
failing to do which the owner or owners or officer or officers of such steam
vessels or other vessels shall be guilty of a misdemeanor.
All steam vessels while entering or leaving the harbor in this city
or while lying in the harbor or any of the waters of this city, inside of
the pier or piers, shall have a metallic wire screen or gauze attached to
the chimneys, flues or smoke pipes of said steam vessels, which shall be closed
while said steam vessels are entering, leaving or lying in the harbor or waters
aforesaid so as to prevent the escape of sparks therefrom. A violation of
this section shall subject the master, owner or owners, consignee or consignees
thereof to a fine of twenty-five dollars ($25.).
The docks, wharves and slips in the City of Oswego which are or may
be the property of said city shall be known as the public wharves, and the
foot of each street in said city which meets the water in the harbor or river
shall be known as public landings or public wharves.
The Harbor and Dock Commission is hereby empowered to rent from year
to year, or for less time in their discretion, the several wharves belonging
to the City of Oswego to such person or persons as it shall deem expedient,
for such sum as it may deem fair and just, and may commute with the owners
or occupants of lots adjoining the ends of the streets and other persons or
corporations, as it may deem expedient, for such sum as it may deem fair and
just, taking into account the amount of business transacted thereon by such
owners or occupants or other persons or corporations, but such commutation
shall not be for any period exceeding one (1) year; and the free passage to
such wharves shall be reserved to all persons wishing to resort thereto or
transact business thereon, subject to the rates of wharfage prescribed in
this chapter. Such rental or rentals and commutation or commutations shall
be collected and received by the Harbormaster and paid over by him to the
City Chamberlain, with a separate statement accompanying such payment of the
source or sources whence such sum or sums are derived. Such moneys so collected
and paid over shall be credited by the City Chamberlain to the Harbor and
Dock Commission. The statement above mentioned shall, without delay, be filed
in the Clerk's office of the City of Oswego by the City Chamberlain.
The Harbormaster shall have power to remove all articles from the public
wharves or landings which shall remain thereon an unreasonable time, of which
he shall be the judge. He shall have power to provide safe storage for the
same, and the owner thereof shall pay both the storage, wharfage and the expenses
of removal before he shall be entitled to the possession thereof.
A.
It shall be unlawful for any person to let, loan or rent,
with or without hire, any boat, raft or vessel to the following persons:
(1)
Any person who is under the influence of liquor or who,
by reason of having been drinking liquor, may be incompetent to take charge
of the management of a boat, raft or vessel.
(2)
Any person or persons under sixteen (16) years of age;
provided, however, that any person may let, loan or rent any boat, raft or
vessel to persons under sixteen (16) years of age when accompanied in the
use of such raft, boat or vessel by a competent person to take charge of and
manage the same.
B.
Any person violating any of the provisions of this section
shall be subject to a fine of not less than five dollars ($5.) nor more than
fifty dollars ($50.).
