These rules apply to the permissible use of mooring fields in Sheepshead Bay, Great Kills Harbor and adjacent to the West 79th Street Boat Basin that are under jurisdiction of the department. These rules supplement the general rules which govern the use of city park land set forth in chapters one and two of this title. To the extent that they are not inconsistent herewith, the rules set forth in chapters one, two and three of this title apply to the use of the mooring fields.

§ 4-02 Definitions

"Boat Basin": The West 79th Street Boat Basin located in Riverside Park on the east bank of the Hudson River at West 79th Street in Manhattan.
"Chief Dockmaster": Chief of the Department of Parks & Recreation Marine Division. The person appointed by the commissioner that is responsible for the overall administration of division facilities and enforcement of department policies and rules.
"Commercial Permit": A permit to store, dock or launch a vessel used for commercial operations.
"Commissioner": The commissioner of Parks and Recreation.
"Department": The department of Parks and Recreation.
"Dockmaster": The person who administers, manages or maintains the marina, piers and boat basin at the direction of the supervisory or chief dockmaster
"Emergency": Any situation which the dockmaster determines threatens imminent personal injury or property damage
"Marina": The World's Fair Marina in Flushing Bay, located in Flushing Meadows Corona Park, Queens.
"Marine Division": Department of Parks and Recreation division responsible for managing, operating and maintaining recreational and commercial vessel usage at, but not limited, to the division facilities and mooring fields.
"Mooring fields": Areas that are designated by the United States Coast Guard as Special Anchorage Areas and are under the jurisdiction of the department in Sheepshead Bay and Great Kills Harbor and the mooring fields adjacent to the 79th St Boat Basin
"Permit": A permit to moor a vessel at a designated position in a mooring field.
"Permittee": The person whose name appears on a permit.
"Piers": The piers located on the northern side of Sheepshead Bay, adjacent to Emmons Avenue in Brooklyn.
"Supervisory Dockmaster": Deputy Chief of the NYC Department of Parks & Recreation Marine Division. Responsible for the administration of marine division facilities and enforcement of department policies and rules under the direction of the chief dockmaster.
"Vessel": A floating craft of any kind, including but not limited to a boat, sailboat, motorboat, dinghies, canoe and kayak.
"Waiting list": A list of persons interested in obtaining permits, which shall be maintained by the department

§ 4-03 Inspections

All vessels moored in the mooring field may be boarded by authorized officers of the department or of other city, state and federal agencies if necessary to respond to an emergency, or as otherwise permitted by applicable law. It shall be a violation of these rules for a permittee to refuse to allow, prevent or interfere with such boarding.

§ 4-04 Permits

No person shall place a mooring or moor a vessel in a mooring field without a permit from the department.
A permit shall authorize the use of a mooring that meets the requirements of subdivision (a) of section 4-07 of this chapter, the location of a mooring at a particular position in the mooring field, and the mooring of a particular vessel identified by size, type and registration number.
A permit shall be issued to the permittee named thereon and is not transferable.
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.
A permit will not be issued to an applicant who has any outstanding fees, charges, fines or civil penalties due the department.
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 and participation in the Boat Anti-Theft Program administered by the Police Department of the City of New York. 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 and participation in the Boat Anti-Theft Program of the Police Department of the City of New York.
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.
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. No vessel shall be moored at such moorings for the accommodation of guest vessels of such yacht clubs or marinas for more than fifteen consecutive days. Any such person, yacht club or marina 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.
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 of one week or one day.
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.
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 (i) 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 therefore. 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.
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.
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.
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 may be turned over to the police property clerk for disposal in accordance with applicable law.
Every applicant and permittee must provide the department with an address in writing at which he or she may receive notice required by these rules or other applicable law. Any changes in address must be reported in writing to the department within 10 days.

§ 4-05 Waiting List

The department shall maintain a waiting list for the issuance of permits, which shall be available upon request from the department.

§ 4-06 Conduct

No person at the Sheepshead Bay or Great Kills Harbor mooring fields shall use a toilet that discharges into the water without marine sanitation devices approved by the New York State Department of Environmental Conservation. No person at the boat basin mooring fields shall use a toilet that discharges into the water. Use of composting toilet systems are not permitted in the mooring fields. All vessels at the boat basin must have waste holding tanks and discharge waste through the pump out station.
No person shall discharge into the water any oil, spirits, drift, debris, inflammable liquids, rubbish, refuse or untreated human waste.
Any person who engages in disorderly behavior as defined in paragraph 6, 7 or 9 of subdivision 1 of section 1-04 of chapter 1 of this title may, in addition to any other applicable penalties, be expelled from the mooring fields.
No person shall make or cause or allow to be made unreasonable noise in the mooring field so as to cause public inconvenience, annoyance or harm. Unreasonable noise means any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivity or injures or endangers the health or safety of a reasonable person of normal sensitivity. The department may restrict the outdoor use of radios, record players, compact disc players, television receivers, tape recorders and other sound reproduction devices after 11 p.m. Sunday through Thursday and after 12 p.m. on Friday and Saturday.
No person shall make an open fire on any vessel while alongside any dock or within the confines of the boat basin. [except] Vessels that are fitted with a device specifically designated for use on a vessel may be used in accordance with the manufacturer's instructions for cooking on deck but only in the mooring field.
No advertising shall be displayed from the vessel in the mooring field.

§4-07 Mooring of vessels

All vessels moored at the boat basin shall be secured to the mooring provided by not less than two mooring bridles. All vessels at the Sheepshead Bay or Great Kills Harbor mooring fields shall be secured by moorings meeting the following requirements:
1. The anchor, chain and pendant of all moorings shall meet the following
  1. the anchor scope shall be at least three times the distance from the land under the water of the harbor to mean high water;
  2. the pendant safe working load shall be at least four times the anchor weight;
  3. the anchor type shall be either mushroom or navy
  4. 1. if the vessel length is 15 feet or less, each anchor shall weigh at least 100 pounds and be connected to a buoy by a metal chain no less than 5/16 inches in diameter, and the pendant shall be at least 4 feet in length;
    2. the vessel length is greater than 15 feet but not greater than 21 feet, each anchor shall weigh at least 150 pounds and be connected to a buoy by a metal chain no less than 3/8 inches in diameter, and the pendant shall be at least 8 feet in length
    3. if the vessel length is greater that 21 feet but not greater than 26 feet, each anchor shall weigh at least 200 pounds and be connected to a buoy by a metal chain no less than 3/8 inches in diameter, and the pendant shall be at least 10 feet in length;
    4. if the vessel length is greater than 26 feet but less than or equal to 65 feet, each anchor shall weigh no less than 10 pounds per foot of vessel length and be connected to a buoy by a metal chain no less than 1/2; inch in diameter for each anchor weighing no more than 400 pounds, or not less than 5/8 inches in diameter for each anchor weighing more than 400 pounds, and the pendant shall be at least 10 feet in length.
2. Moorings in the special anchorage area in Sheepshead Bay shall be secured by two anchors which shall be placed as indicated in figure 1. Moorings in all other mooring fields shall be secured by one anchor, provided, however, that the department may require the use of two anchors in any mooring field in order to provide additional positions at which moorings may be located or to enhance the safety of existing mooring locations.
3. Mooring buoys shall be of a buoyant material sufficient to make at least one foot of the buoy visible above the water line.
4. Buoys shall be painted with the permit number and the mooring location in black block letters no less than three inches high.
5. Fixed mooring piles or stakes are not permitted.
Vessels must be moored at locations designated by the department. The location assigned to the permittee shall be determined by the department based on vessel size, type, water depth and safety considerations. No vessel shall be moored in such a manner as to interfere with the use of a duly authorized mooring location or regular traffic channel. Mooring locations may not be changed or exchanged without the prior written approval of the department.
All vessels shall be adequately tied to their moorings and shall have sufficient lines to secure the vessel in all wind and weather conditions. The department may affix additional lines as necessary to assure the safety of people or property.
All parts of the mooring, including the buoys, anchors and chains, shall be supplied and installed by the permittee and shall remain the property of the permittee at the mooring fields at Sheepshead Bay and Great Kills Harbor.
Moorings shall be inspected for deterioration at least every two years and repaired or replaced if necessary. The department may require, as a condition of renewing a permit, evidence that an inspection has been made, including a description by the person who made the inspection of the condition of the mooring and the qualifications of such person to make such inspection.
Vessels and moorings may be temporarily relocated in an emergency or to accommodate dredging or other work in the mooring field. When a vessel or mooring must be removed to accommodate such work, the department will give the permittee or owner 45 days written notice to remove the vessel or mooring. If the vessel or mooring is not removed within 45 days, the department may remove the vessel and mooring, or cause the vessel or mooring to be removed and recover all costs associated with moving and storage from the permittee or owner.
Vessels which are improperly secured to the wrong mooring or area may be towed to the assigned mooring by the Dockmaster or Marine Division staff and the appropriate Labor Rate shall be charged to the owner of such vessel.

§ 4-08 Condition of Vessels

All vessels in the mooring field and all equipment thereon must be maintained in good order and free of any hazard to persons or vessels. All vessels in the mooring field shall comply with all federal, state and local laws, rules and regulations concerning the condition of vessels and equipment.

§4-09 Operation of Vessels

No vessel within a mooring field may be navigated at a speed in excess of 5 miles per hour. Any person operating a vessel in a mooring field shall comply with all federal, state and local laws, rules and regulations concerning the safe operation of vessels, including the Inland Navigational Rules (33 U.S.C. §2000 et seq.).

§ 4-10 Required safety equipment

All vessels in the mooring fields must have on board at all times all equipment required by the Coast Guard or by any other federal, state or local law, rule or regulation.

§ 4-11 Removal of sunken vessels

A sunken vessel shall be removed from the mooring fields within 48 hours after oral or written notice by the department to remove the vessel. Upon request of the permittee or the owner of the vessel, the department may, in writing, extend the time for removal of the vessel. If the vessel is not removed within the allowed time, the department may remove the vessel or cause it to be removed and may recover the cost associated with removal and of storage or disposal of the vessel from the permittee or owner of the vessel. If the department determines that a sunken vessel is discharging pollutants into the water or causing any other kind of an emergency, the department may take action to stop the cause of pollution and may remove or cause the vessel to be removed, without prior notice to the permittee or owner of the vessel, and recover all costs associated with removal and storage or disposal of the vessel from the permittee or owner of the vessel.

§ 4-12 Dinghies, kayaks and canoes

A permittees may store one dinghy, kayak or canoe under 14 feet in length on or alongside the permitted vessel without obtaining a separate permit for such dinghy, kayak or canoe. In all other cases, including but not limited to personal watercraft, a separate permit must be obtained for each vessel.

§ 4-13 Orders

The department may issue any orders which may be necessary or appropriate to enforce compliance with these rules or the rules set forth in chapters one and two and, in the case of vessels moored adjacent to the marina, piers or boat basin, chapter three of this title. It shall be a violation of these rules to fail or refuse to comply with such orders.

§ 4-14 Unlawful use of vessel

No person shall permit or cause any vessel or any portion thereof to be used or occupied for an illegal purpose.

§ 4-15 Penalties

In addition to any penalties provided for in this chapter, violations of these rules shall be punishable as provided in section 1-07 of chapter one of this title.

§ 4-16(a) Commercial Mooring Permits

Commercial mooring permits may be issued at the boat basin to operators of commercial vessels upon terms to be determined by the commissioner. The commissioner is authorized to exempt holders of these commercial permits from the rules set forth in chapter 3 and chapter 4.

§ 4-16(b) Fees

Mooring at West 79th Street Boat Basin (effective as of May 2007)
$30 / day
$180 / week
$1550 / season

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§4 Rules Governing Mooring Fields Under the Jurisdiction of the Department

§ 4-01 Application