21 CRR-NY 751.6NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 21. MISCELLANEOUS
CHAPTER XVI. HUDSON RIVER PARK TRUST
PART 751. HUDSON RIVER PARK RULES AND REGULATIONS
21 CRR-NY 751.6
21 CRR-NY 751.6
751.6 Boating.
The approximately 400 acres of water area within Hudson River park are designated by the Hudson River park Act as an estuarine sanctuary. To protect and preserve this important resource and to promote the safe operation of vessels within Hudson River park waters, in addition to the requirements set forth in sections 751.1 through 751.7 of this Part, the following requirements and restrictions also apply to activities and uses within the park's water areas:
(a) Permits.
(1) Unless within an area designated by the trust, authorized pursuant to a permit, or in an emergency, it is prohibited for any person to operate, land, anchor, moor, dock, tie-up, store or launch a boat or vessel of any kind on any of the piers or along the bulkhead or other areas of the park. The trust or its appointed concessionaire or operator may identify areas for designated boating, landing, docking, or mooring, which may require fees.
(2) A permit will not be issued for a vessel which is unsafe or likely to cause injury to people or damage to property or the environment based on U.S. Coast Guard standards as set forth in 33 CFR chapter I, subchapter E and subchapter S, 46 CFR chapter I, subchapter A (part 2), subchapter H, subchapter K, and subchapter T, as applicable and as determined by the trust or its duly authorized designee.
(3) Dockage or mooring permits may be issued for vessels that the trust or its duly authorized designee determines based on U.S. Coast Guard standards as set forth in paragraph (2) of this subdivision, are capable of safely operating in open water. Before issuing the permit, the trust or its duly authorized designee may inspect the vessel and/or require a demonstration of the vessel's operational capability in open water. Applicant must present evidence of hull and liability insurance, either current State registration or documentation by the U.S. Coast Guard and successful completion of the U.S. Coast Guard Auxiliary, State of New York, or equivalent boating safety course or sufficient nautical experience as determined by the trust based on U.S. Coast Guard Standards.
(4) A permit will authorize the use of a mooring that meets the requirements of this section, the location of a mooring at a particular position in the mooring field, and the mooring of a particular vessel identified by size, type and registration number.
(5) The applicant for a permit must be the owner or lessee of the vessel. A permit will not be issued unless the applicant presents evidence that the vessel possesses a current registration from the State Department of Motor Vehicles or the appropriate agency of another state or is documented by the U.S. Coast Guard. If the applicant is not the registered or documented owner of the vessel, the applicant must present evidence that he or she is the lessee of the vessel. If a permittee intends to replace a vessel, he or she must notify the trust or its duly authorized designee in advance so the trust can determine whether the existing location and mooring are acceptable for the replacement vessel. The replacement vessel may not be moored until a new permit is granted. No permit will be issued for a replacement vessel if such vessel is not registered with the Department of Motor Vehicles or the appropriate agency of another state or documented by the U.S. Coast Guard.
(6) Notwithstanding the above provisions of this section, the trust or its duly authorized designee may reserve a limited number of permits for moorings and issue them to persons for use in connection with special events or other activities that promote the enjoyment by the public of the water for educational, recreational, or entertainment purposes.
(7) The trust or its duly authorized designee may issue seasonal, monthly or short stay permits. The term of a seasonal permit begins May 1st and ends October 31st, unless otherwise designated by the trust or its duly authorized designee. Seasonal permits are not renewable. Seasonal permit holders must apply for a new permit each year.
(8) The trust will annually accept and review mooring permit applications.
(9) The trust and/or its duly authorized designee may impose reasonable conditions on the issuance of a permit to protect public safety and to safeguard the interests of the public, including but not limited to a requirement that the permittee or applicant have his or her mooring inspected or obtain appropriate and updated insurance and submit satisfactory evidence of having complied with such conditions.
(10) Nothing in this Part creates a property right in any permit. All permits issued pursuant to this Part merely grant a license and such permits are by their nature terminable at will by the trust in accordance with the needs or requirements of the trust or in the interests of the public as determined by the trust.
(11) The trust or its duly authorized designee may terminate any permit issued pursuant to this Part by serving permittee with 15 days' written notice of such termination. The trust or its duly authorized designee will send by certified mail notice of the intention to terminate a permit and the reasons therefor. In the event that a mailing address is unknown or mail is returned undelivered, such notice may, in lieu of mailing, be posted in a conspicuous place on the vessel. A permittee may file written objections with the trust within seven days from the date of such mailing or posting, whichever is later. After considering any objections raised by the permittee, the trust will make a final determination whether to proceed with termination of the permit and will provide notice of such determination to the permittee in the manner provided herein.
(12) Where a permit is terminated, the vessel must be removed from the mooring field within 10 days after notice by the trust or its duly authorized designee to remove the same is sent by certified mail to the applicant or permittee. In the event that a mailing address is unknown or mail is returned undelivered, such notice may, in lieu of such mailing or hand delivery, be posted in a conspicuous place on the vessel. Where the vessel and mooring are not removed within 10 days after the mailing or posting of such notice, whichever is later, the trust or its duly authorized designee may remove the vessel and mooring or cause the same to be removed from the mooring field. The permittee and owner will be jointly and severally liable for the costs of removal and storage of the vessel and mooring, as well as for any associated costs, such as cleanup of contamination or debris originating from the vessel or mooring and such costs must be paid prior to release of the same. Any vessel or mooring removed from the mooring field that is not claimed within 10 days may be deemed to be abandoned and may be turned over to the Coast Guard or NYPD or other appropriate governmental agency for disposal in accordance with applicable law.
(13) Every applicant and permittee must provide the trust or its duly authorized designee with an address in writing at which he or she may receive notice required by these rules or other applicable law. Any changes in address must be reported in writing to the trust and its duly authorized designee within 10 days.
(b) Reckless use of vessels prohibited.
It is prohibited for any person to operate a vessel of any kind in any waters under the jurisdiction of the trust in a reckless manner so as to endanger the life, limb or reasonable comfort of his or her passengers or other persons, property, or the environment.
(c) Use of motorized vessels without a muffler prohibited.
It is prohibited for any person to operate a vessel without having the exhaust from the engine run through a muffler so constructed and used as to muffle the noise of exhaust in a reasonable manner. Every vessel shall comply with Section 44 of the New York State Navigation Law.
(d) Use of vessels in designated swimming areas prohibited.
Use of vessels in any authorized swimming or wading areas is prohibited.
(e) Use of a vessel within the park for an illegal purpose prohibited.
It is prohibited for any person to permit or cause a vessel or any portion thereof to be used or occupied for an illegal purpose.
(f) Speed limit within the park.
It is prohibited for any person to operate a vessel within the park at a speed greater than five miles per hour or to cause an excessive wake that may unreasonably threaten, frighten or annoy another or that may cause personal injury or property damage. Any person operating a vessel in a mooring field must comply with all Federal, State and local laws, rules and regulations concerning the safe operation of vessels, including the Inland Navigational Rules (33 CFR chapter I, subchapter E).
(g) Liability of owner for disabled or sunken vessels within the park.
If any boat or watercraft burns, submerges or become disabled, such boat or watercraft must be removed immediately by its owner or other person having custody thereof. If such boat or watercraft is not removed within 24 hours, the trust or its designee may have it removed and charge the owner or other person having custody thereof with any expense incurred in relation thereto. If the trust determines that the disabled or sunken vessel is discharging pollutants into the water or causing any other kind of emergency, the trust may take immediate action to stop the cause of pollution and may remove or cause the vessel to be removed, without prior notice to the permittee or owner of the vessel, and recover all costs associated with removal and storage or disposal of the vessel from the permittee and/or owner of the vessel.
(h) Unauthorized overnight occupancy of vessels prohibited.
Unless specifically authorized in writing by the trust, overnight occupancy of vessels is prohibited.
(i) Boarding and inspection.
All vessels docked, moored, anchored or otherwise tied-up or secured within the park may be boarded and inspected by authorized officers and employees of the trust or of other city, State and Federal agencies if necessary to respond to an emergency or urgent health, safety or environmental hazard. It is prohibited for a permittee or his or her guest to refuse to allow, prevent, or interfere with such boarding or inspection.
(j) Conduct.
(1) It is prohibited for any person to use a marine toilet or sanitary device that discharges into the water, unless such device is approved in accordance with U.S. Coast Guard and New York State requirements, as set forth in 33 CFR subchapter O, part 159, New York State Environmental Conservation Law, section 17-1301 and New York State Navigation Law, section 33-C. All vessels with a waste holding tank must discharge waste through a pump out facility.
(2) Nonemergency boat repairs and maintenance are prohibited within the park unless specifically authorized by the trust.
(3) Garbage must be deposited in designated receptacles.
(4) It is prohibited for any person to store or use any machinery or equipment for welding or burning where such storage or use is prohibited by the fire code or other law or rule.
(k) Vessels subject to relocation.
Vessels may be required to be temporarily relocated in an emergency or to accommodate construction work of the park. When a vessel must be moved to accommodate construction work, where possible, the trust will give the permittee or owner 48 hours written notice to move the vessel. If the vessel or mooring is not removed within the required time, the trust may remove the vessel and mooring, or cause the vessel or mooring to be removed and recover all costs associated with moving and storage from the permittee or owner. The trust is further released from any liability for damage caused by the removal.
(l) Docking and mooring of vessels.
(1) Docking of vessels.
(i) Docking of vessels, including historic vessels, is limited to those locations designated by the trust. All vessels must be adequately tied to the dock and must have sufficient fenders and dock lines to secure the vessel in all wind and weather conditions. The trust may require the replacement of dock lines which it finds to be inadequate based on U.S. Coast Guard standards as set forth in 46 CFR chapter I, subchapter K and subchapter T, as applicable, or, where necessary, may in its discretion replace the dock lines and charge the cost to the permittee or owner of the vessel.
(ii) It is prohibited for any person to construct, reconstruct, alter, add to, extend or physically alter in any manner any slip, dock or pilings without the prior written approval of the trust.
(2) Mooring of vessels.
(i) Mooring of vessels, including historic vessels, is limited to those locations designated by the trust. The location assigned to the permittee will be determined by the trust based on vessel size, type, water depth and safety considerations. It is prohibited for any person to moor a vessel in such a manner as to interfere with the use of a duly authorized mooring location or regular traffic channel. Mooring locations may not be changed or exchanged without the prior written approval of the trust.
(ii) All vessels must be adequately tied to their moorings and must have sufficient lines to secure the vessel in all wind and weather conditions. The trust may affix additional lines as necessary to assure the safety of people or property.
(iii) Moorings must be inspected for deterioration periodically and repaired or replaced as necessary. The trust may require, as a condition of renewing a permit, evidence that an inspection has been made, including a description by the person who made the inspection of the condition of the mooring and the qualifications of such person to make such inspection.
(m) Condition of vessels.
(1) All vessels in the park and all equipment thereon must be maintained in good order and free of any hazard to persons, vessels, park structures and the environment. In addition, unless otherwise permitted by the trust, all vessels must be seaworthy and must comply with all Federal, State and local laws, rules and regulations concerning the condition of vessels and equipment.
(2) It is prohibited for any person to make structural modifications to the superstructure of a vessel docked, moored, anchored, tied-up or otherwise secured within the park and/or permitted to use the facility without the express written consent of the trust. No modifications will be permitted which will in any way limit the movement of the vessel, change the center of gravity to the extent that the vessel is unseaworthy, restrict the navigation by removal of the helm station, inhibit the line of sight forward from the helm, increase the height of the vessel or extend the vessel over water beyond the existing hull or increase the load beyond the manufacturer's hull design capacity.
(n) Required safety equipment.
All vessels docked, moored, anchored, tied-up or otherwise secure within the park must have on board at all times all equipment required by the U.S. Coast Guard, as set forth in 33 CFR chapter I, subchapter S and 46 CFR chapter I, subchapter H, as applicable.
(o) Dinghies, kayaks and canoes.
A permittee holding a dockage or mooring permit may store one dinghy, kayak or canoe alongside the permitted vessel or in another location approved by the trust without obtaining a separate permit for such dinghy, kayak or canoe. In all other cases a separate permit must be obtained for each vessel.
(p) Boat launch sites.
It is prohibited for any person to use any boat-launching site or any adjacent waters within 100 feet from the shore of a launch area, including offshore and inshore approaches, for any purpose other than launching boats or removing boats from the water, unless a written permit is obtained from the trust or its duly authorized designee.
(q) Restricted areas for nonmotorized vessels.
It is prohibited for any person to use or otherwise operate a kayak, canoe or other nonmotorized vessel within ferry terminal, commercial use, municipal use or posted sanctuary water areas within Hudson River park.
21 CRR-NY 751.6
Current through July 15, 2021
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