(a) No person shall dock, store or launch a Vessel at a Marina without an appropriate Permit from the Department and without payment of all required fees.
(b) All payments must be in the form of money order, credit card, or check in a form acceptable to the Department.
(c) All recreational Vessels must be personally owned and such ownership reflected on registration or U.S. Coast Guard documentation. Permits for recreational Vessels shall be issued to a natural person and not to a business or corporate entity.
(d) For security and emergency purposes, Permittees must provide State or federal issued photo identification to the Department for photocopying and retention in the customer folder.
(e) A Permit shall not be issued for a Vessel that is unsafe or likely to cause injury to people or damage to property as determined by the Dockmaster.
(f) (1) Dockage permits shall only be issued for Vessels that the Chief Dockmaster determines are capable of operating in open water. All Vessels (transient, seasonal, mooring or year round) must be and remain in safe operational condition. Any existing Permittee with an operational and seaworthy Vessel must continuously maintain an operational and seaworthy Vessel. All Vessels brought to any Department Marina must be seaworthy and must meet operational requirements to the original manufacturer's specifications. The Chief Dockmaster shall require a demonstration of a Vessel's seaworthiness and compliance with the manufacturer's specifications, and shall require that any modifications to the Vessel be approved by a certified naval architect to ensure compliance with original manufacturers' specifications. Before issuing a Permit and otherwise upon reasonable notice, the Chief Dockmaster may inspect a Vessel and/or require a demonstration of the Vessel's operational capability in open water.
(2) For the Boat Basin only, the Department may offer up to 52 winter season permits at any time (less any existing winter permits) first, to existing summer season permit holders in seniority order and second, to individuals on the Waiting List in list order, creating 12 month or year-round dockage permits. The location of winter season slips will be determined by the Chief Dockmaster and allocated by seniority order. However, the Chief Dockmaster may change the location and/or number of these slips as necessary to ensure the safety of Vessels and the Boat Basin.
(3) Except for Vessels permitted to dock at the Boat Basin prior to November 1, 2010, no permit, summer or winter, shall be issued to a Houseboat.
(g) Dockage permits shall not be issued unless the applicant presents evidence of hull and liability insurance, either New York State registration or documentation by the U.S. Coast Guard and successful completion of a U.S. Coast Guard boating safety course or sufficient nautical experience as determined by the Dockmaster. In addition, the Vessel for which the Permit is to be issued must be well maintained and seaworthy.
(h) A Permit shall be issued to the named Permittee for a particular Vessel and is not transferable. A Permit can be held jointly by spouses or domestic partners. If a Permittee replaces a Vessel, the Dockmaster may only approve the new Vessel after a suitable slip has been found before it may be docked pursuant to the permit. The Dockmaster shall reject a replacement Vessel that is not capable of operating in open water, not properly insured or which is neither New York State registered nor documented by the U.S. Coast Guard. The Dockmaster may inspect and/or require a demonstration of the replacement Vessel's operational capability in open water.
(i) All completed Permit applications must be submitted to the Department. All outstanding fees, charges, fines or civil penalties must be paid before a renewal application will be considered.
(j) The Supervisory Dockmaster may revoke, terminate or refuse to renew any Permit issued pursuant to this section:
(1) where the Permittee or applicant for the renewal has been found liable in a proceeding before the Office of Administrative Trials and Hearings (OATH) or in a court of three or more violations of these rules set forth in 56 RCNY Chapters 1 and 2;
(2) where the applicant for renewal or Permittee has failed to pay any outstanding fees, charges, fines or civil penalties within 15 days of the date of mailing of a written notice of such outstanding amount;
(3) where the Permittee or applicant for renewal has been found liable in a proceeding before the OATH or in a court of engaging in disorderly behavior as defined in 56 RCNY § 1-04(l); or
(4) as provided in subdivision o of this section, in accordance with the needs or requirements of the Department or the interests of the City as determined by the supervisory Dockmaster.
(k) [Reserved.]
(l) The Supervisory Dockmaster shall mail or hand deliver notice of the intention to revoke, refuse to renew or terminate a Permit and the reasons therefor. If a mailing address is unknown or mail is returned undelivered, such notice may, in lieu of mailing or hand delivery, be posted in a conspicuous place on the Vessel.
(m) (1) If a permit is revoked or terminated or a renewal is refused, a Permittee or applicant for renewal may file written objections with the Chief Dockmaster within 10 days from the date of such mailing, delivery or posting. The objections must set forth the reasons why the Permit should not be terminated or revoked or should be renewed, and include any evidence supporting the objection. The filing of objections will not prevent the Chief Dockmaster from barring the Permittee from the Marina if the Chief Dockmaster specifically finds that it is in the public interest to do so. After considering any objections raised by the applicant or Permittee, the Chief Dockmaster shall make a determination whether to revoke, refuse to renew or terminate the Permit and shall provide notice of such determination to the Permittee or applicant for renewal in the above manner.
(2) A Permittee or applicant for renewal may file written objections with the Commissioner within 10 days from the date of the written decision of the Chief Dockmaster. The objections must set forth the reasons why the Permit should not be terminated or revoked or should be renewed, and include any evidence supporting the objection. After considering any objections raised by the applicant or Permittee, the Commissioner shall make a final determination whether to affirm or reverse the Chief Dockmaster's determination to revoke, refuse to renew or terminate the Permit and shall provide notice of such determination to the Permittee or applicant for renewal in the above manner.
(n) Nothing in this chapter shall be construed to create a property right in any Permit. All permits issued by the Department are by their nature terminable at will by the Commissioner in accordance with the needs or the requirements of the Department or in the interest of the City as determined by the Commissioner.
(o) An applicant for renewal or a former Permittee who has been found liable in a proceeding before OATH or in a court violating any provisions of these rules or the rules set forth in 56 RCNY Chapters 1 and 2 or who has delinquent payment record may be required to provide current credit card information and/or make a security deposit before a renewal application will be considered. Such Permittee's credit card shall be charged for any balances accrued by the Permittee that remain unpaid after 45 days of mailing of such outstanding charges. Any security deposit received from the Permittee will be returned to the Permittee without interest upon departure from the Marinas, provided the Permittee has settled all outstanding charges.
(p) All Permittees must maintain hull and liability insurance policies naming the City as an additional insured on the policy for docked Vessels and provide the Dockmaster with a copy of the insurance certificate. Proof of such insurance must be submitted to the Dockmaster by May 1 of each year. The insurance must be valid for the length of the Permit and any lapse in coverage will be considered automatic grounds for termination of the permit.
(q) The Dockmaster may impose other reasonable conditions on the issuance or renewal of a Permit to protect public safety or to safeguard the interests of the City.
(r) (1) Where a Permit expires or is revoked, terminated or not renewed, the Vessel must be removed from the Marina within 10 days after written notice by the Supervisory Dockmaster to remove it is mailed or hand-delivered to the applicant or Permittee. If a mailing address is unknown or mail is returned undelivered, such notice may in lieu of such mailing be posted in a conspicuous place on the Vessel. Where the Vessel is not removed within 10 days, the Department may remove the Vessel or cause the Vessel to be removed from the Marina. Except where a Vessel enters a Marina due to an emergency, the Dockmaster may immediately and without notice remove any Vessel which enters or remains in a Marina without an appropriate permit.
(2) The Permittee or owner shall be liable for the costs of removal and storage of the Vessel, payable prior to release of the Vessel. Any Vessel removed from a Marina which is not claimed within 30 days shall be deemed to be abandoned and shall be treated in accordance with applicable law.
(s) Every applicant and Permittee must provide the Dockmaster with a day and evening telephone number as well as an e-mail and/or mailing address in writing at which he or she may receive notice required by these rules or other applicable law. Any change in telephone number, e-mail, or mailing address must be reported in writing to the Dockmaster within 10 days.
(t) Upon accepting a Permit to dock at the Boat Basin, the Permittee must within two years, dock a Vessel, meeting all the requirements of this chapter. If an existing Boat Basin Permittee removes his or her Vessel for any reason, the Permittee must dock a Vessel, meeting all the requirements of this chapter, within two years from the date they removed their Vessel. The minimum dockage fee will be charged for each permitted season until a Vessel is brought in. If no Vessel is docked within two years, the Permit will be revoked as per 56 RCNY § 3-06(l).
(u) A Permittee may choose to postpone keeping a Vessel at the Boat Basin for any particular season without payment only once in the life of the permit. Permittees must submit a letter to the Chief Dockmaster at least 90 days prior to the start of the season in question stating that they will be opting to keep the Vessel out of the Boat Basin.
(v) Permits will be immediately revoked for any of the following reasons:
(1) Conduct endangering the safety of any person.
(2) Fire aboard a Vessel that is determined to be caused by improper upkeep of the Vessel.
(3) The improper use of heating equipment, including the storing of kerosene, installation or repair of electrical equipment by other than a qualified electrician.
(4) A violation of 56 RCNY § 3-13.
(5) Trespassing aboard another Vessel docked or moored at a Marina.
(6) Violation of this subdivision by guests or immediate family members of a Permit holder.
(7) Renting or subletting of permits.
(8) Any other action which interferes with the safe operation of Department facilities, including but not limited to violations of 56 RCNY § 3-08.
(w) Any person who docks or abandons a Vessel at the Marinas without authorization and who refuses to remove the vessel immediately upon written notice, will not be eligible to request or receive a Permit or berth of any type for any Marina for a minimum of 24 months. Objections to the denial of Permit eligibility shall be available under subdivision n of 56 RCNY § 3-06.
(Amended City Record 8/1/2019, eff. 8/31/2019)