A.
No person shall engage in the business of renting
boats propelled by oars or paddles nor shall any person operate such
a rented vessel unless such vessel shall carry a life preserver of
the type approved by the Commandant of the United States Coast Guard
for each person on board.
B.
No person shall engage in the business of renting
boats propelled by oars or paddles for use by, nor shall any person
operate such a rented boat vessel which is used or is to be used by
more than the following number of persons:
C.
No person engaged in the business of renting vessels
propelled by oars or paddles shall rent any such boats during the
period of time when the United States Department of Commerce, Weather
Bureau, shall have issued a small craft warning or such small craft
storm warning advisories are issued by the National Oceanographic
and Atmospheric Administration (NOAA).
D.
Display of limitation of capacity of rental vessels.
(1)
Every boat propelled by oars or paddles shall have its length and its capacity of persons, as set forth in Subsection B above, painted on or attached to each side as near to midship as is practicable so that the same reads from left to right and shall not interfere with the New York State registration numbers attached to the bow of the vessel.
(2)
The wording and numbers shall be in block characters
of good proportion, not less than three inches in height and parallel
with the waterline. The number shall be located as high above the
waterline as may be practicable.
(3)
The numbers shall be of a color which will contrast
with the color of the hull so as to be distinctly visible and legible;
i.e., if the hull is light, the color of the numbers shall be dark,
or if the hull is dark, the color of the numbers shall be light.
E.
No person engaged in the business of renting vessels
propelled by oars or paddles shall rent such a vessel to any person
under the age of 16 years.
No person shall ride upon water skis, a surfboard,
inflatable tube or similar device or operate a vessel to tow a person
thereon within 500 feet of the shoreline or of any beach within the
jurisdictional limits of New Rochelle.
Nothing herein contained shall prohibit the
City Council from issuing special permits for designated swimming
events, for aquatic events or vessel races under proper supervision
in limited areas and for limited periods of time.
A copy of §§ 168-15 through 168-17, as contained in this chapter, shall be printed by the City Clerk, and every person engaged in the business of renting vessels propelled by oars or paddles shall obtain copies thereof from the City Clerk. A copy of these sections, as obtained from the City Clerk, shall be conspicuously posted on the premises. It shall be unlawful to rent a vessel propelled by oars or paddles unless the aforesaid copy of the sections of this chapter is conspicuously posted as herein stated.
A.
No person shall skin dive or scuba dive with any type
of diving equipment within any channel, nor shall any person bathe
or swim in any channel designated on the Harbor Management Map, except
in the course of a rescue or similar emergency.
B.
No person shall skin dive or scuba dive in the harbor
management area unless a regulation diving flag is displayed in accordance
with the New York State Navigation Law, nor shall any person allow
or permit such diving flag to remain in any area unless a person is
actually diving in the area while such flag is displayed.
C.
No person shall operate a vessel within 100 feet of
any area marked for skin diving or scuba diving by the placement of
a regulation diving flag.
No person shall discharge any apparatus designed
for use in spearfishing within 200 feet of any lifelines or bathing
float, nor within 200 feet of the shoreline of any beach, nor within
500 feet of any person bathing or swimming.
A.
Except as hereinafter provided, no person shall live
aboard any vessel or any floating or fixed structure over the water,
nor shall any person or Marina owner or operator permit any vessel
to be used as living quarters when moored or docked within the waters
of the City of New Rochelle.
B.
During the period April 1 to November 30, a vessel
may be occupied as living quarters, provided that:
(1)
The vessel is of a type typically used for recreational
boating and is suitable for general navigation on Long Island Sound
under its own propulsion and is capable of leaving its slip or mooring
and proceeding to the mid-Sound ship channel unassisted, at any time.
(2)
The vessel shall be moored or docked in a marina that
has access to the Sound for that vessel at all normal tidal levels
the year round, excluding periods of hazardous conditions.
(3)
The vessel is equipped with a marine toilet in operating
condition, approved by the United States Coast Guard.
C.
During the period from December 1 to March 31, a vessel
may be occupied as living quarters, provided that:
(1)
The vessel is of a type typically used for recreational
boating and is suitable for general navigation on Long Island Sound
under its own propulsion and is capable of leaving its slip or mooring
and proceeding to the mid-Sound ship channel unassisted, at any time.
(2)
The vessel shall be moored or docked in a marina that
has access to Long Island Sound for that boat at all normal tidal
levels the year round, excluding periods of hazardous boating conditions.
(3)
The vessel is equipped with a marine sanitation device
in operating condition, approved by the United States Coast Guard.
(4)
Such occupancy does not cause the number of vessels occupied as living quarters in any marina to exceed the percentage specified in Subsection F below.
(5)
A permit for such occupancy is issued for such vessel
by the Harbormaster.
D.
Permits for the occupancy of vessels as living quarters during the period from December 1 to March 31 will be issued upon forms supplied by the Harbormaster stating compliance with Subsection C(1), (2), (3) and (4) above and payment of a fee as set forth in Chapter 133, Fees. Permits will be continued on an annual basis by payment of a renewal fee as set forth in Chapter 133, Fees, by December 1 of each year.
E.
Permits issued pursuant to Subsection D may not be revoked by the Harbormaster except for noncompliance with any provisions of this chapter after service of written notice of not less than 15 days upon the permit holder, specifying the items of noncompliance and a date, place and time for hearing before the Commissioner of Parks and Recreation or a representative thereof on the issue, following a finding by the Harbormaster of noncompliance with all or any of the provisions of this chapter.
[Amended 3-16-2004 by Ord. No. 59-2004]
F.
During the period from December 1 to March 31, no
marina owner or operator shall permit more than 20% of the slips over
20 feet in the marina to be occupied by vessels used as living quarters,
except that one such vessel shall be permitted in any marina having
fewer than five slips over 20 feet.
H.
Permits for the occupancy of vessels as existing nonconforming uses permitted by Subsection G shall be applied for and issued upon application to the Harbormaster upon forms supplied by said Bureau, showing the occupancy thereof prior to the effective date of this section and compliance with Subsection C(3) and payment of a fee as set forth in Chapter 133, Fees. Permit will be continued on an annual basis by payment of a renewal fee as set forth in Chapter 133, Fees, by December 1 of each year.
I.
Permits issued pursuant to Subsection H may be revoked by the Harbormaster for noncompliance with the provisions of Subsection C(3) or for erroneous statement of vessel occupancy prior to the effective date of this section after service of written notice of not less than 15 days upon the permit holder, specifying the items of noncompliance and a date, place and time for hearing before the Commissioner of Parks and Recreation or designated representative thereof on the issue, following a finding of noncompliance with this section.
[Amended 3-16-2004 by Ord. No. 59-2004]
