L.L. 2005/117

Enactment date: 12/29/2005

Int. No. 495-A

By Council Members Martinez, Barron, Comrie, Jennings, Palma, Seabrook, Stewart, Yassky, Koppell, Brewer, Sears, Jackson and Liu

A Local Law to amend the administrative code of the city of New York, in relation to establishing a "no wake area" within the Harlem River and requiring appropriate signage, requiring the preparation and distribution of educational material about wake reduction and establishing a temporary citywide boater safety and wake reduction task force.

Be it enacted by the Council as follows:

Section 1. Declaration of legislative findings and intent. The operation of water-borne vessels within the city of New York or its territorial waters results in the production of wakes, some of which travel at speeds and heights that pose a danger to the safety of boaters in vessels that are not mechanically propelled, and may damage piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself and wetland restoration sites along the waterfront.

The New York Restoration Project, a non-profit organization founded over ten years ago, creates open space for public access and manages several gardens and parks. In 1996, the organization began work to clean up a five-acre parcel of land on the Harlem River located at the corner of Harlem River Drive and Dyckman Street that was being used as a dumping ground for boats, refrigerators, construction equipment and other debris.

The New York Restoration Project converted this area to parkland and opened the Peter Jay Sharp Boathouse in 2004, which is a floating structure managed by the New York Rowing Association, a not-for-profit organization dedicated to sharing the benefits of rowing for athletes in New York City of all ages and athletic abilities. In addition, the organization initiated a wetland restoration project along the shoreline that was completed in 2003 by the New York State Department of Transportation.

The Peter Jay Sharp Boathouse has required several costly repairs during its short period of operation. For example, over 300 linear feet of sewer, sprinkler and water utility piping running from the boathouse to the shore was destroyed, a floating dock was damaged and the boathouse's fendering system deteriorated. According to the New York Restoration Project, harmful wakes have contributed to these damages.

The Harlem River is a popular waterway for rowing and crew racing. Nicknamed "Scullers Row" in the late 19th and early 20th centuries, the Harlem River is considered by many to be the birthplace of American rowing. In addition to the Peter Jay Sharp boathouse, the Columbia University Boathouse is located at the northern tip of Manhattan near Spuyten Duyvil. Columbia University rowers have long practiced and raced on the Harlem River as far south as Yankee Stadium. Other rowing clubs use the Harlem River for daily practice, including Fordham University, Manhattan College and the Empire State Rowing Association.

Use of the Harlem River for rowing is rapidly increasing. In 2005, there were two regattas on the Harlem River, including the first annual Peter Jay Sharp "Head of the Harlem" Regatta in September, which drew high school, collegiate and master rowers from up and down the eastern seaboard. The New York Rowing Association's Urban Rowing Initiative teaches swimming and rowing to urban teenagers, especially from Washington Heights and the South Bronx, as a way of opening up both the river to its surrounding community and the kids to possible athletic scholarships. The New York State Office of Parks and Historic Preservation is studying the feasibility of building a multi-use boathouse at the southern end of Roberto Clemente State Park as part of a park-wide renovation to be completed by 2010.

Despite the Harlem River's unique role as a crew racing destination in New York City, rowers must compete with mechanically-propelled boat users and their wakes. A recent incident underscores the need for operators of all water-borne vessels to exercise extreme caution in their activities and to make allowances for the possibility of the presence of other boaters in the water. In this incident, a collision occurred between a racing shell carrying four members of the Peter Jay Sharp Rowing Club and another vessel. The four men were thrown into the water, and while three were rescued by the operators of the vessel, the fourth man, Jim H. Runsdorf, could not be rescued. This bill is therefore named in tribute to Jim H. Runsdorf.

This tragedy raises questions about how to improve the coordination of water transportation in areas known for crew racing using non-mechanical boats and regattas. This legislation addresses this problem by defining two areas in the Harlem River as a "no wake area" to enhance the safety of non-mechanically propelled vessel operators and protect piers and other shoreline structures, waterfront recreational facilities and parks, the shoreline itself and wetlands along the waterfront. This legislation also addresses the need for increased awareness and care among operators of water-borne mechanically-propelled vessels traveling in the territorial waters of New York City by publicizing educational material and creating a temporary citywide task force on boater safety and wake reduction.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 5. This local law shall be known as the Jim H. Runsdorf Law.

§ 6. This local law shall take effect immediately, except that sections two and three shall take effect ninety days after it shall have become a law, and except that the police commissioner and the commissioner of parks and recreation shall take such actions as are necessary for the implementation of sections two and three of this local law prior to such effective date.