[Adopted 9-8-1986 by Ord. No. 14-86]
[Amended 4-24-1989 by Ord. No. 13-89; 4-23-1990 by Ord. No. 15-90]
The Newburgh Landing Park, bounded by Third Street, Front Street, Fourth Street and the Hudson River, shall be open to the public between the hours of 7:00 a.m. and 9:00 p.m. every day. A person present in the park before 7:00 a.m. or after 9:00 p.m. on any day shall be guilty of a violation, provided that his or her presence shall not constitute a violation if he or she is present pursuant to a permit issued by the City Manager under Chapter 110, Mass Gatherings and Public Events, of this Code or a boat docking permit under § 220-23 of this Code.
[Added 9-25-1989 by Ord. No. 27-89[1]]
A.
No person shall cause any barge, boat, ship or other vessel to be
made fast to the public dock known as "Newburgh Landing" or to be
made fast to any ship or vessel lying at such dock without first obtaining
a permit pursuant to this section.
B.
Each application for a permit shall be on a form to be provided by the City and shall be accompanied by the fee established in Chapter 163, Fees, of this Code and by a certificate of insurance evidencing a policy of insurance issued by an insurer licensed to do business in the State of New York showing coverage for general liability, bodily injury and property damage and with limits of liability of a minimum of $1,000,000 each occurrence, $2,000,000 aggregate, which policy of insurance shall name the City of Newburgh as an additional insured. The policy and the insurer must be satisfactory to the City Manager.
[Amended 8-9-1993 by Ord. No. 11-93]
C.
The application must be submitted to the office of the City Manager
at least two weeks prior to the date when the dock is sought to be
used. The City Manager shall have the discretion to approve or disapprove
a permit or to subject the permit to such conditions as he deems necessary
to protect the public health, safety, convenience and welfare.
D.
Each permit issued by the City Manager shall state the date and time
that use of the dock is permitted. No permittee shall utilize the
dock outside of the time set forth in his permit unless the City Manager
shall, in his discretion, approve of an extension of the permit for
good cause shown. Any such extension shall be in writing and endorsed
upon the original permit.
E.
Any person in charge of a vessel docking at Newburgh Landing shall
exhibit the permit required by this section to any person so requesting.
F.
Vessels less than 40 feet in length which are not used for the taking
on or discharge of passengers or visitors from the general public
while docked at Newburgh Landing, i.e., recreational as distinguished
from commercial vessels, shall be exempt from the requirements of
this section.
G.
Every application made hereunder shall be accompanied by or be subject to the payment of the fees established in Chapter 163, Fees, of this Code. In the case of annual or monthly fees, a fee equal to the first month's fee shall be paid with the application and an additional weekly fee shall be paid on the first business day of each succeeding week for the duration of the permit.
[Added 9-13-1993 by Ord. No. 15-93]
