(a) No person shall place a mooring or moor a vessel in a mooring field without a permit from the Department.
(b) A permit shall authorize the use of a mooring that meets the requirements of subdivision (a) of 56 RCNY § 4-07, the location of a mooring at a particular position in the mooring field, and the mooring of a particular vessel identified by size, type, registration number and mooring designation.
(c) A permit shall be issued to the permittee named thereon and is not transferrable.
(d) A permit shall not be issued for a vessel which is likely to cause injury to people or damage to property as determined by the Department or for a vessel which exceeds 65 feet in length. In any case, the vessel length shall be appropriate for the size of the associated mooring circle.
(e) A permit will not be issued to an applicant who has any outstanding fees, charges, fines or civil penalties due the Department.
(f) The applicant for a permit must be the owner or lessee of the vessel. A permit shall not be issued unless the applicant presents evidence that the vessel is (1) registered with the New York State Department of Motor Vehicles, or (2) registered with the appropriate agency of another state or (3) documented by the U.S. Coast Guard, or (4) the applicant has established vessel ownership. 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 Department in advance so the Department can determine whether the existing location and mooring are acceptable for the new vessel. The new vessel may not be moored until the Department grants a new permit. The Department shall reject a replacement vessel that is not registered with the Department of Motor Vehicles or registered with the appropriate agency of another state or documented by the U.S. Coast Guard, or where the applicant has not established vessel ownership. In cases in which the vessel is not fitted with an engine and is not required by the New York State Department of Motor Vehicles to be registered, the boat owner shall provide a bill of sale as proof of legitimate ownership or evidence of a lease.
(g) An applicant who owns or leases more than one vessel may apply for more than one permit; applications for additional permits will be placed on the Department's waiting list until the Department determines that the number of vacant mooring positions exceeds the number of applications.
(h) Notwithstanding the provisions of subdivisions (f) and (g) of this section, the Department may reserve a limited number of permits for moorings and issue them to (i) 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, or (ii) yacht clubs and marinas having water frontage in Sheepshead Bay or Great Kills Harbor for the accommodations of guest vessels of such yacht clubs and marinas, or (iii) other government entities as may be in the interest of the Department. No vessel shall be moored at such moorings for the accommodation of guest vessels of such yacht clubs or marinas for more than 15 consecutive days. Any such person, yacht club, marina, or other government entity that is issued a permit pursuant to this subdivision shall be subject to the provisions of this chapter to the same extent and in the same manner as the owner or lessee of a vessel who is issued a permit pursuant to this chapter.
(i) The term of a permit issued for the Sheepshead Bay or Great Kills Harbor mooring fields is for one year commencing May 1. The term of a permit issued for the West 79th Street Boat Basin mooring fields is for six months commencing May 1. The Department may also issue transient permits for a term to be determined by the Department on a case-by-case basis.
(j) Permittees must submit a written application for the renewal of permits issued for a term of one year no earlier than 90 days and no later than 30 days prior to the expiration of an existing permit. If a permittee does not use the mooring for at least four of the months of May through October, he or she will not be given priority for a renewal unless written notification of extended absence is given to the Department prior to July 1. All outstanding fees, charges, fines, and civil penalties due the Department must be paid before a renewal application will be considered.
(k) The chief dockmaster may revoke, terminate, or refuse to renew any permit issued pursuant to this chapter (1) where the applicant for renewal or permittee has been found liable in a proceeding before the Environmental Control Board or in a court of violating any provisions of these rules or the rules set forth in chapters one and two and, in the case of vessels moored adjacent to the boat basin and piers, chapter three of this title, (2) where the applicant for renewal or permittee has failed to pay any fees, charges, fines or civil penalties within ten days of receipt of written notice from the Department or (3) as provided in subdivision 1 of this section, in accordance with the needs or requirements of the Department or the interests of the City as determined by the Commissioner. The Department shall send by certified mail notice of the intention to revoke, terminate, or refuse to renew 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 or applicant for renewal may file written objections with the Commissioner within 15 days from the date of such mailing or posting, whichever is later. 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, terminate or refuse to renew the permit and shall provide notice of such determination to the permittee or applicant in the manner provided herein.
(l) 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 requirements of the Department or in the interests of the City as determined by the Commissioner.
(m) The Department may impose reasonable conditions on the issuance of a permit to protect public safety and to safeguard the interests of the City, including but not limited to a requirement that the permittee or applicant have his or her mooring inspected or obtain appropriate insurance and submit satisfactory evidence of having complied with such conditions.
(n) Where a permit is revoked, terminated or not renewed, the vessel and all parts of the mooring, including anchors, chains and buoys, must be removed from the mooring field within 30 days after notice by the Department 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 30 days after the mailing or posting of such notice, whichever is later, the Department may remove the vessel and mooring or cause the same to be removed from the mooring field. The permittee or owner shall be liable for the costs of removal and storage of the vessel and mooring, payable prior to release of the same. Any vessel or mooring removed from the mooring field that is not claimed within 30 days may be deemed to be abandoned and shall be treated in accordance with applicable law.
(o) Every applicant and permittee must provide the Department 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 changes in telephone number, e-mail, or mailing address must be reported in writing to the Department within 10 days.