Laws of New York (Last Updated: November 21, 2014) |
ADC New York City Administrative Code(NEW) |
Title 10. PUBLIC SAFETY |
Chapter 1. PUBLIC SAFETY |
Section 10-158.1. Harlem River no wake area
Latest version.
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a. For the purposes of this section the following terms shall be defined as follows: 1. "Idle speed" shall mean the lowest speed at which a vessel can operate, maintain safe steerage, and minimize the production of a wake that could unreasonably interfere with or endanger other persons, property, or water-borne vessels. 2. "No wake area" shall mean an area in which a vessel must travel at idle speed. 3. "Vessel" shall mean any motorized floating craft with the exception of any motorized floating craft that (i) is used primarily as a residence, (ii) is a vessel operated by an authorized member or employee of any law enforcement or emergency services agency or organization when used in the performance of official law enforcement or emergency services duties, (iii) is provided as an accommodation, advantage, facility or privilege at any place of public accommodation, resort or amusement or (iv) is a vessel in commercial service, as defined in Section 2101 of Title 46 of the United States Code. A vessel operated by an individual who is compensated to operate such vessel shall not provide sufficient cause to deem such vessel to be in "commercial service." 4. "Wake" shall mean all changes in the vertical height of the water's surface caused by the passage of a vessel including, but not limited to, such craft's bow wave, stern wake and propeller wash. b. Swindler Cove and that portion of the Harlem River running from the University Heights Bridge southerly to the High Bridge; and that portion of the Harlem River between the Spuyten Duyvil trestle and the Broadway Bridge are hereby designated "No Wake Areas." c. 1. All vessels operating within the no wake area shall be operated at idle speed. 2. The police commissioner, the commissioner of parks and recreation and the heads of such other agencies as the mayor shall designate shall have the authority to enforce paragraph one of this subdivision. d. The commissioner of parks and recreation shall post one or more signboards at or about seven hundred fifty feet from the northerly-most and southerly-most boundaries, respectively, or as closely thereto as practicable, of each such "no wake area" and at or about three hundred fifty feet from the northerly-most and southerly-most boundaries, respectively, or as closely thereto as practicable, of each such "no wake area." Such signboards shall face the water in both directions and bear thereon, respectively, a notice indicating the distance from the "no wake area" and a direction to proceed at idle speed. The exact distances of such signboards shall be subject to the availability of property upon which to post such signboards. The commissioner of parks and recreation shall also post additional signboards to indicate to vessel operators the presence of a boathouse in the "no wake area" or the shoreline. Such signboards shall be conspicuously placed and be of sufficient size to be read easily by a person using such waters. e. Any person violating paragraph one of subdivision c of this section shall be guilty of a misdemeanor punishable upon conviction by a fine not exceeding one hundred fifty dollars or by imprisonment for not more than ninety days or by both. Any such penalty shall be in addition to any penalty provided for in the New York State navigation law. f. The provisions of this section shall not apply to the following: 1. any vessel while actually competing in a duly authorized regatta, provided notice of such regatta has been filed with and accepted by the clerk of Bronx and New York counties, and with the United States coast guard and the department of parks and recreation, at least ten days prior to the occurrence of such event and 2. any vessel while actually engaged in safety or coaching activities