§ 168-22. Removal of vessels.

A. 

Any vessel which unreasonably interferes with navigation or sinks or becomes grounded or otherwise disabled or is in peril or which anchors or moors without the permission of the Harbormaster in the waters of the City of New Rochelle for longer than 48 hours, except at privately owned marinas and docks, or which may be a menace to other vessels or installations, shall be removed by the owner or person in charge, on order of the Harbormaster or Harbor Patrol.

B. 

If the vessel is not removed as ordered by the Harbormaster or Harbor Patrol, it may be removed by or at the direction of the Harbormaster or the Harbor Patrol, and the owner shall pay the cost of removal, including, without limitation, towing, pumping, salvaging, clean-up of discharge and hauling, as well as the costs of any temporary storage, in accordance with Chapter 133 (Fees). If the owner is aboard the vessel, the order to remove may be made orally or in writing.

C. 

In an emergency situation, as determined by the Harbormaster or Harbor Patrol, the following vessels may be subject to immediate removal:

(1) 

Any vessel which is involved in an accident where the operator or owner is not at the scene or is incapable of making a decision or refuses to have the vessel moved from the accident location.

(2) 

Any vessel which is unattended and is moored or anchored in any fairway, marked channel or improved channel or so as to obstruct any aid to navigation or so as to interfere with the free passage of any vessel from or to any pier, wharf or dock.

D. 

In a nonemergency situation, if the owner is not aboard the vessel, an order to remove the vessel shall be posted in a visible location on the vessel in a waterproof envelope and shall also be served upon the owner by ordinary mail as well as by certified mail, return receipt requested, addressed to the address of the owner as set forth in the application on file with the Harbormaster. The person shall file annually with the Harbormaster a local address of a managing agent or other authorized representative for legal service of process, in order to have a local contact in case of emergency or violation of this chapter. The owner is required to remove the vessel within seven days after mailing of the notice, and if he/she fails to do so, then the vessel may be removed at the direction of the Harbormaster.

E. 

If the owner of the vessel has not filed documentation with the Harbormaster, as herein required, and the vessel is anchored or moored without the written permission of the Harbormaster in the waters of the City of New Rochelle for longer than 48 hours, except at privately owned marinas and docks, an order to remove such vessel from the waters of the City of New Rochelle shall be posted in a visible location on the vessel in a waterproof envelope. The owner is required to remove the vessel within seven days after the order to remove such vessel is posted on the vessel.

F. 

A vessel may not anchor or moor except in an area designated as an anchorage area or a mooring area on the Harbor Management Map on file at the office of the Harbormaster.

G. 

In cases of emergency, the Harbormaster may shift the position of any unattended vessel anchored or moored in an anchorage or mooring area.