Int. No. 513
By Council Members Nelson, Fidler, Gennaro, Gentile, James, Mendez, Sears, Stewart, Weprin, and Gerson
A Local Law to amend the administrative code of the city of New York, in relation to requiring that all persons complete an approved boating safety training course before being permitted to operate small vessels in the waters around the City of New York.
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 18 of the administrative code of the city of New York is amended by adding a new section 18-134 to read as follows:
§18-134. New York harbor boating safety training course. a. The commissioner shall establish an educational program designed to advance boating safety for the safe operation of small vessels. Such program shall consist of a course of sufficient length to adequately address the safety issues particular to small vessels operating in the New York harbor and to give basic instruction on the Inland Navigation Rules.
b. A New York harbor boating safety certificate" shall be issued by the commissioner to all persons who successfully complete the course of instruction in boating safety established pursuant to subdivision a of this section.
c. For the purposes of this section, small vessels shall mean rowboats, canoes, kayaks, and any other types of vessel that the commissioner may by rule include.
d. The department may charge a fee for the course of instruction in boating safety established pursuant to subdivision a of this section, except that persons less than eighteen years of age shall not be charged.
§2. Chapter 1 of title 10 of the administrative code of the city of New York is amended by adding a new section 10-165 to read as follows:
§10-165. Operating a small vessel in the waters bordering the city of New York. a. It shall be unlawful for any person to operate a small vessel, as defined in subdivision c of section 18-134 of this code, within fifteen hundred feet of the shore of the city of New York, who has not previously been issued a New York harbor boating safety certificate by the commissioner of parks and recreation, or is accompanied by a person who has previously obtained such certificate. For the purposes of this section accompanied means aboard such vessel.
b. For the purposes of this section, boating safety certificates issued by the New York state office of parks, recreation and historic preservation, the United States coast guard auxiliary, and the United States power squadron shall be deemed the equivalent of a New York harbor boating safety certificate.
c. Any person who violates any provision of this section shall be liable for a civil penalty for a violation of not less than fifty dollars nor more than one hundred dollars, and upon a second or subsequent violation thereof, a civil penalty of not less than one hundred dollars nor more than two hundred dollars.
§3. This local law shall take effect one hundred and eighty days after its enactment, except that the commissioner of parks and recreation shall take such measures as are necessary to implement and enforce its provisions prior to such effective date.
JTB
LS #2102
1/8/07