§ 168-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ANCHOR

To secure a vessel temporarily to the bottom of a water body by dropping an anchor or anchors or other ground tackle from a vessel.

ANCHORAGE AREA

The areas designated by the City of New Rochelle, as depicted on the Harbor Management Map, that are reserved specifically for the anchorage of vessels.

ASSISTANT HARBORMASTER

A person appointed by the Police Commissioner to assist in the duties of the Harbor Patrol.

BARGE

A flat-bottomed structure not designed for transportation but designed to float on water and to support live loads, which usually is unable to be moved without assistance from a towboat or other vessel.

BEACH

All public beaches (at all levels of jurisdiction), private membership club beaches and private homeowners' association beaches, as depicted on the Harbor Management Map.

BULKHEAD

Any structure, except a building, positioned parallel to the shore, the primary function of which is to retain soil or any other material from eroding into a waterway or to protect the land from wave damage.

CHANNEL

Water areas specifically reserved for unobstructed movement of vessels and which may be marked in the water by aids to navigation. Channels are depicted on the Harbor Management Map.

DOCK

Any permanent structure, except a building, connected to a bulkhead or the upland and extending over the water's surface designed to secure vessels and provide access from the shore to a waterbody. Docks are generally anchored to the underwater land on pilings and allow for water flow beneath the decking. The term dock includes the term "pier" or "quay."

FAIRWAY

An area in the harbor, other than a federally or locally designated channel, commonly used as an open accessway between marine structures or designated channels, buffers areas and mooring areas. Fairways are depicted on the Harbor Management Map.

FLOAT

Any structure buoyant on the water surface extending seaward affixed and secured in place to underwater lands or to the shore, a bulkhead or a dock, of which the purpose is to berth and secure vessels or provide a means of access to and from the shore. The term "float" includes a floating dock, "mooring buoy" or "mooring raft."

HARBOR MANAGEMENT AREA

All surface waters, inlets, bays and coves, including the area between the mean high and mean low water mark, within or bounding the City of New Rochelle, as such waters are depicted on the Harbor Management Map.

HARBOR MANAGEMENT MAP

The water-surface map adopted by the City of New Rochelle as part of this chapter.

HARBOR MANAGEMENT PLAN

A plan comprised of the policies, goals, objectives and standards, including the Harbor Management Map.

HARBORMASTER

The administrative official appointed by the Commissioner of Parks and Recreation of the City of New Rochelle, which administrative official is a peace officer pursuant to § 2.10, Subdivision 19 of the New York State Criminal Procedure Law, and who is authorized to enforce and administer the provisions of this chapter.

HARBOR PATROL

The police enforcement official or officials under the control and supervision of the Police Commissioner, who are peace officers pursuant to § 2.10, Subdivision 19 of the New York State Criminal Procedure Law and who are authorized to enforce and administer the provisions of this chapter.

LIVE-ABOARD VESSEL

Any vessel used, designed or occupied as a dwelling unit, business office or source of any occupation, or for any private or social club of whatsoever nature, including but not limited to a structure constructed upon a barge primarily immobile and out of navigation which functions substantially as a land structure while the same is moored or docked within the harbor management area of the City of New Rochelle, whether such vessel is self-propelled or not.

MANUALLY PROPELLED VESSEL

Rowboat, kayak, canoe or other small vessel, usually less than 16 feet in length, which is propelled in the water by human force.

MARINA

Any contiguous arrangement of floats, piers or docks capable of accommodating two or more vessels and sharing common access, utility services, ownership or control.

MOOR

To attach a vessel to a pier or dock or other structure or to attach a vessel to the ground or lands underwater by means of tackle so designed that, when such attachment is terminated, some portion of the tackle remains below the surface of the water and is not under the control of the vessel or its operator.

MOORING AREA

The areas designated by the City of New Rochelle, as depicted on the Harbor Management Map, that are reserved specifically for the mooring of vessels.

MOORING DEVICE

A permanent or semi-permanent vessel-anchoring device and its associated tackle, such as chains, buoys and other equipment, other than a common anchor, manufactured and used specifically for the permanent or semipermanent mooring of vessels.

MOORING RAFT or MOORING BUOY

A mooring device of which standards for construction are specified in the Harbor Management Law and whose purpose is to berth and secure vessels.

PERSONAL WATERCRAFT

A vessel which uses an inboard motor powering a water-jet pump as its primary source of motive power or is powered by an outboard motor or a propeller-drive motor, and which is designed to be operated by a person sitting, standing or kneeling on, or being towed behind, the vessel rather than in the conventional manner of sitting or standing inside the vessel, including a jet ski or specialty prop-craft.

PERSON

An individual, partnership, corporation, association, and any other legal entity, using the facilities and areas within the harbor management area and subject to the provisions of this chapter.

PIER

A waterfront structure, usually of open construction, extending from the shoreline with water on all sides of the structure that extends from the shoreline.

PIERHEAD LINE

A line beyond which no structure may extend out into navigable waters, which line shall be the Federal Channel line where such exists or, where no Federal Channel line exists, that line as depicted on the Harbor Management Map.

[Amended 1-20-2004 by Ord. No. 12-2004]

SCUBA DIVE

To descend totally below the water surface for extended periods of time utilizing self-contained breathing apparatus and tanks.

SKIN DIVE

To descend totally below the water surface without the use of self-contained breathing apparatus and tanks but with the use of a face mask with or without an attached snorkel.

SHORELINE

The line of the shore at mean high water as generally depicted on the Harbor Management Map.

SPEED

The rate of travel of a vessel as measured in slack water in statute miles.

SWIMMING AREA

An area designated by safety lines at public beaches operated by government agencies, vessel exclusion areas depicted on the Harbor Management Map and any other areas within the jurisdictional limits of New Rochelle where swimming does not interfere with vessel navigation and is not prohibited by law.

TACKLE

See "mooring device."

VESSEL

Includes every description of boat, watercraft or other contrivance used or capable of being used as a means of transportation in the water, including aircraft, and personal watercraft.

VESSEL EXCLUSION AREA

A two-hundred-foot buffer area at beaches, except public beaches operated by government agencies, which buffer extends 200 feet outward from the mean high tide line and 200 feet along the shore in either direction, in which area bathing and swimming are customary and where vessels, and personal watercraft, are prohibited. At public beaches operated by government agencies, where safety lines mark the boundaries of swimming, wading and diving areas, the vessel exclusion area extends 50 feet seaward from said safety lines. Vessel exclusion areas are depicted on the Harbor Management Map.

VESSEL OWNER

The person under whose name the vessel was last registered in accordance with the provisions of 46 U.S.C. Chapters 121 to 125 or the Motor Vehicle and Traffic Law and, in any other case, the last known owner or person who claims lawful possession of such vessel by virtue of legal title or equitable interest therein which entitles him/her to such possession.

Amended 3-16-2004 by Ord. No. 59-2004