Section 19-702. Legislative findings and intent  


Latest version.
  • The Council hereby finds
      that the city of New York's water borne commuter services facilities are
      not uniformly accessible to  disabled  persons.  This  is  a  matter  of
      serious  concern  affecting  the  public safety and welfare. The Council
      believes that there is an immediate need for regulation of  water  borne
      commuter  services  in order to enable disabled members of the public to
      have access to  such  services  on  an  equal  basis  with  non-disabled
      persons. The Council believes that under the Americans with Disabilities
      Act   (ADA),   disabled  persons  have  the  right  to  access  commuter
      transportation  services  on  an  equal  and  non-discriminatory  basis.
      However,  the  Council  finds  that  no  federal or state laws, rules or
      regulations are in effect that establish  specific  standards  regarding
      access  by  disabled persons to water borne commuter services facilities
      in  the  city  or  the  safety  of  such  persons  when  utilizing  such
      facilities.  As  a  result, disabled persons in the city of New York are
      not assured that they can safely and  consistently  access  water  borne
      commuter  services  facilities. This legislation sets specific standards
      in relation  to  mandating  accessible  water  borne  commuter  services
      facilities  for  disabled persons, thereby minimizing the tremendous and
      unfair burden placed on disabled persons who rely on these services.
        The Council further finds that the  city's  transportation  needs  and
      system are unique in that, unlike many other cities, major waterways are
      interspersed  throughout  the  greater  New York city area, resulting in
      residential concentrations that are in many instances separated by water
      from major centers of employment. Consequently,  the  city  historically
      has  had  an  extensive  passenger ferry system. Furthermore, because of
      increasing levels of traffic congestion and air pollution, and  concerns
      regarding  the threat of terrorism to other modes of transportation, the
      city is rapidly developing an increasingly expansive system of passenger
      ferry transportation. The Council finds that it is imperative that  such
      development results in water borne commuter services facilities that are
      accessible to all persons.