Section 19-301
§ 19-301 Ferry property; acquisition. The commissioner may acquire by
purchase, condemnation or otherwise as provided in section 22-105 of the
code, the title to such wharf property and uplands within the city, as
he or she shall deem necessary for the equipment, maintenance or
operation of a ferry, the terminal facilities therefor and the
approaches thereto, whether or not such wharf property or uplands have
previously been taken for a public use.
Section 19-302
§ 19-302 Ferry property; provisions in leases. Leases of any ferry or
any wharf property necessary for the use of a ferry may provide for the
character of transportation service to be furnished by the lessee
including the character and speed of the boats to be used, frequency of
trips, rates of fare and commutation and freight charges, and may
provide for forfeiture of the lease in the event of failure to comply
with its provisions in relation thereto.
Section 19-303
§ 19-303 Ferry fares to be paid over daily. The commissioner shall pay
over daily to the commissioner of finance all moneys collected for ferry
fares.
Section 19-304
§ 19-304 Ferry rates to Staten Island limited. a. There shall be no
rate of ferriage charged for foot passengers by any city owned and
operated ferry operating between the borough of Manhattan and the
borough of Staten Island.
b. The rate of ferriage to be charged for vehicles owned and operated
by persons who are elderly or have a disability on any city owned and
operated ferry operating between the borough of Manhattan and the
borough of Staten Island shall be one-half of the rate applicable to
vehicles operated by other persons.
Section 19-305.
19-305. Staten Island Ferry service. a. Any city owned and operated
ferry operating between the Whitehall terminal in the borough of
Manhattan and the St. George terminal in the borough of Staten Island
shall operate, at a minimum, according to the following schedule: (i) On
monday through friday, except on legal holidays, a ferry shall depart
from the Whitehall terminal in the borough of Manhattan every twenty
minutes between 6:30 a.m. and 8:30 a.m.; every fifteen minutes between
8:30 a.m. and 9:30 a.m.; every thirty minutes between 9:30 a.m. and 4:00
p.m.; every twenty minutes between 4:00 p.m. and 5:00 p.m.; every
fifteen minutes between 5:00 p.m. and 7:00 p.m.; every twenty minutes
between 7:00 p.m. and 8:00 p.m.; every thirty minutes between 8:00 p.m.
and 1:30 a.m.; and every hour between 2:00 a.m. and 6:00 a.m.
(ii) On monday through friday, except on legal holidays, a ferry shall
depart from the St. George terminal in the borough of Staten Island at
5:30 a.m.; every twenty minutes between 6:00 a.m. and 7:00 a.m.; every
fifteen minutes between 7:00 a.m. and 9:00 a.m.; every thirty minutes
between 9:00 a.m. and 3:30 p.m.; every twenty minutes between 3:30 p.m.
and 5:30 p.m.; every fifteen minutes between 5:30 p.m. and 7:00 p.m.;
every thirty minutes between 7:00 p.m. and 1:00 a.m.; and every hour
between 1:00 a.m. and 5:00 a.m.
* (iii) On Saturdays, except on legal holidays, service both to and
from Manhattan's Whitehall terminal and Staten Island's St. George
terminal shall be every hour except between the hours of 6:00 a.m. and
7:00 p.m., in which case service shall be every thirty minutes.
* NB Effective until May 7, 2014 unless the department of
transportation determines that staffing levels are not adequate to
permit such increased weekend service
* (iii) On Saturdays, except on legal holidays, service both to and
from Manhattan's Whitehall terminal and Staten Island's St. George
terminal shall be every thirty minutes except between the hours of 2:00
a.m. and 6:00 a.m., in which case service shall be every hour.
* NB Effective May 7, 2014 unless the department of transportation
determines that staffing levels are not adequate to permit such
increased weekend service
* (iv) On Sundays, except on legal holidays, service both to and from
Manhattan's Whitehall terminal and Staten Island's St. George terminal
shall be every hour except between the hours of 9:00 a.m. and 7:00 p.m.,
in which case service shall be every thirty minutes.
* NB Effective until May 7, 2014 unless the department of
transportation determines that staffing levels are not adequate to
permit such increased weekend service
* (iv) On Sundays, except on legal holidays, service both to and from
Manhattan's Whitehall terminal and Staten Island's St. George terminal
shall be every thirty minutes except between the hours of 2:00 a.m. and
9:00 a.m., in which case service shall be every hour.
* NB Effective May 7, 2014 unless the department of transportation
determines that staffing levels are not adequate to permit such
increased weekend service
(v) On legal holidays, service both to and from Manhattan's Whitehall
terminal and Staten Island's St. George terminal shall include ferry
departures every thirty minutes between the hours of 7:00 a.m. and 7:00
p.m.
(vi) On or before May 1, 2015, service both to and from Manhattan's
Whitehall terminal and Staten Island's St. George terminal shall be
every thirty minutes at all times except when more frequent service is
required by this subdivision.
(vii) If the department in consultation with the office of the mayor
determines that it is not economically feasible to fully expand service
pursuant to paragraph (vi) of this subdivision, the department in
consultation with the office of the mayor shall provide a report to the
mayor, speaker of the council, and the borough presidents of Manhattan
and Staten Island describing the reasons why fully expanding such
service is not economically feasible by April 1, 2015, which shall
include but not be limited to the following factors: an analysis of
ridership numbers, including a breakdown by time of trip, day and month
of the year; a review of any recent or anticipated economic development
or other economic or population changes that have affected or could
affect ridership numbers; and plans for future expansion in service and
a timeline for such expansion. Every two years thereafter by April 1 the
department in consultation with the office of the mayor shall review
such determination and provide a report to the mayor, speaker of the
council, and the borough presidents of Manhattan and Staten Island,
including but not limited to the foregoing factors as well as a
description of any expansion of service since the enactment of the local
law that added this paragraph.
b. The schedule of service set forth in subdivision a of this section
shall not apply to service disruptions resulting from security concerns,
mechanical malfunctions of a ferry, unsafe weather conditions,
emergencies or other similar events beyond the control of the department
that would prevent compliance with such schedule. In the event of any
such disruption in the schedule of service set forth in subdivision a of
this section that lasts longer than twenty-four hours, the commissioner
or a designee shall submit a written report to the mayor and speaker of
the council which shall include the specific reasons for the disruption
and the time at which service was restored. If service has not been
restored by the time the report must be submitted, the report shall also
include the estimated duration of the disruption in service and what, if
any, attempts are being made to mitigate the loss of scheduled service.
In the event a disruption in the schedule of service lasts longer than
seven days, on the eighth day and every seven days thereafter, the
commissioner or a designee shall submit a written report to the mayor
and speaker of the council that shall include an update on the status of
resuming service.
Section 19-306
§ 19-306 Temporary citywide boater safety and wake reduction task
force. a. For the purpose of this section the following terms shall be
defined as follows:
1. "Hand-powered vessel" means every non-mechanically propelled water
craft operating within the city of New York or its territorial waters,
including rowboats, kayaks, racing shells canoes, and sailboats.
2. "Hand-powered vessel launch" means any dock, slip or pier located
within the city of New York or its territorial waters capable of being
utilized by a hand-powered vessel.
3. "Operator" means any person or private or governmental entity that
owns or operates a water-borne mechanically-propelled vessel or
water-borne hand-powered vessel.
4. "Point of embarkation or disembarkation" means any portal point of
entry or exit onto or off of a water-borne vessel, or into or out of the
main cabin area of such water-borne vessel.
5. "Wake" shall mean all changes in the vertical height of the water's
surface caused by the passage of a water-borne vessel including, but not
limited to, such craft's bow wave, stern wake and propeller wash.
6. "Water-borne commercial services facility" means any dock, slip,
pier or terminal located within the city of New York or its territorial
waters and capable of being utilized by a water-borne vessel, and any
concession, ticket purchasing or other facility or amenity available at
or on such dock, pier, slip or terminal but excluding hand-powered
vessel launches.
7. "Water-borne vessel" means every water craft operating within the
city of New York or its territorial waters, including commuter ferries,
tugboats, speedboats, motorboats and personal watercraft, but excluding
seaplanes.
b. Within ninety days of the effective date of this section, there
shall be established a temporary citywide boater safety and wake
reduction task force. Such task force shall be comprised of nine
members, four of whom shall be appointed by the speaker of the council
and five of whom shall be appointed by the mayor. The mayor shall
designate one member as the chairperson. To the extent possible,
appointments to the task force shall reflect the interests of
water-borne vessel operators, the port authority of New York and New
Jersey, the United States coast guard and other appropriate regulatory
agencies, hand-powered vessel operators, operators of privately-owned
piers and marinas within the city of New York, owners of other
waterfront property, experts on the waterfront environment, and members
of the general public. Each appointed task force member may be removed
for cause by the appointing authority and any vacancy shall be filled in
the same manner as the appointment was made. The temporary citywide
boater safety and wake reduction task force shall be deemed established
upon the appointment of four of its members.
c. Members of the task force shall serve without compensation and
shall meet when deemed necessary by the chairperson or whenever the
department or the department of parks and recreation proposes rules
relating to the travel of water-borne vessels on waterways within the
territorial waters of New York city, but in no event shall the task
force meet less often than three times in every calendar year.
d. The task force shall examine, but need not be limited to, examining
the following issues: existing and proposed points of embarkation or
disembarkation in the territorial waters of New York city; existing and
proposed hand-powered vessel launches; geographic areas where wake
impacts are currently or may in the future adversely affect hand-powered
or water-borne vessel launches, and/or hand-powered or water-borne
vessel users; geographic areas where wake impacts are causing or may
cause possible erosion of shore front property and wetlands; community
outreach; education, enforcement, and any other activities relating to
improvements in boater safety and the reduction of wakes.
e. The task force shall issue a report to the speaker and the mayor
within twelve to fifteen months from the establishment of the task
force. Such report shall include, but not be limited to, recommendations
for minimizing wake impacts on hand-powered or water-borne vessel
launches and/or hand-powered or water-borne vessel users; minimizing
wake impacts to shore front property; community outreach; education; and
enforcement activities. Such report shall be posted on the city's
website within seven days from its submission to the speaker and the
mayor. The task force shall cease operation one year after the
submission of the report.
Section 19-307
§ 19-307 Use of ultra low sulfur diesel fuel and best available
technology for city ferries. a. For purposes of this section only, the
following terms shall have the following meanings:
(1) "City ferry" means any motorized watercraft that is used as a
means of commuter passenger mass transportation by water that is owned
or operated by the city of New York.
(2) "Retrofit" means the installation of a pollution control device on
the exhaust system after the engine, such as a diesel oxidation
catalyst.
(3) "Tier 2 air quality standards for marine engines" means the engine
exhaust emission standards listed in 40 C.F.R. Sec. 89.112 (a) (for
marine diesel engines under 37 kW) and listed in 40 C.F.R. Sec. 94.2 (a)
(for all other marine diesel engines).
(4) Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur
content of no more than fifteen parts per million.
b. As of July 1, 2008, every diesel fuel-powered city ferry shall be
powered by ultra low sulfur diesel fuel.
c. (1) Engine upgrades. Diesel fuel-powered city ferries shall utilize
the best available technology for reducing the emissions of pollutants
through engine upgrades, in accordance with the following schedule:
(i) two such ferries shall utilize such technology by July 1, 2008;
(ii) three such ferries shall utilize such technology by January 1,
2009;
(iii) four such ferries shall utilize such technology by January 1,
2010;
(iv) five such ferries shall utilize such technology by July 1, 2010;
(v) all such ferries shall utilize such technology by January 1, 2011.
(2) Retrofits on the exhaust system. Diesel fuel-powered city ferries
shall utilize the best available technology for reducing the emissions
of pollutants through retrofits on the exhaust system, in accordance
with a proposed schedule to be developed by the commissioner and
submitted to the council by July 1, 2009. Thirty days after any
successful demonstration of a technology on a city ferry, the schedule
shall be reviewed and revised, if appropriate, and resubmitted to the
council. Any such proposed and revised schedule shall require the
retrofitting of every city ferry as soon as is possible given
manufacturing, dry dock, repair and operational considerations.
d. (1) Any diesel fuel-powered city ferry that is newly purchased or
placed in operation after the effective date of this section shall meet
the then current United States environmental protection agency's air
quality standards, provided that such standards shall be at least as
stringent as the United States environmental protection agency's Tier 2
air quality standards for marine engines.
(2) Any engine upgrade kit that is certified by the United States
environmental protection agency may be used to achieve Tier 2 air
quality standards for marine engines.
(3) Any diesel fuel-powered city ferry that on the day first purchased
or newly operated by the city meets the then current United States
environmental protection agency's air quality standards for marine
engines, provided that such standards shall be at least as stringent as
the United States environmental protection agency's Tier 2 air quality
standards for marine engines, shall meet the requirements of subdivision
c of this section.
(4) Any diesel fuel-powered city ferry that is in use thirty years
after being placed into service or at least seven years after the
installation of best available technology and cannot be retrofitted,
upgraded or repowered to comply with the United States environmental
protection agency's Tier 2 air quality standards for marine engines,
shall be retired.
e. (1) The commissioner shall make determinations, subject to the
written approval of the commissioner of environmental protection, and
shall publish a list of such determinations as to the best available
technology to be used for each class of city ferry to which this section
applies for the purposes of subdivision c of this section. Each such
determination, which shall be reviewed and revised as needed but in no
event less often than once every six months, shall be based upon the
reduction in emissions of particulate matter and the reduction in
emissions of nitrogen oxides associated with the use of such technology
and shall in no event result in an increase in the emissions of either
such pollutant. In determining the best available technology for each
class of city ferry, the commissioner shall select technology that has
been certified by the United States environmental protection agency or
approved by the United States coast guard or such other technology that
the commissioner determines is at least as stringent as the United
States environmental protection agency Tier 2 air quality standards for
marine engines.
(2) The city shall not be required to replace best available
technology for reducing the emission of pollutants or other authorized
technology utilized for a diesel fuel-powered city ferry in accordance
with the provisions of paragraph one of subdivision c of this section
within seven years of having first utilized such technology for such
ferry.
f. This section shall not apply: (i) where federal or state funding
precludes the city from imposing the requirements of this section; or
(ii) to purchases that are emergency procurements pursuant to section
three hundred fifteen of the charter.
g. Subdivision b of this section shall not apply where the
commissioner, subject to the written approval of the commissioner of
environmental protection, makes a written finding that a sufficient
quantity of ultra low sulfur diesel fuel is not available to meet the
requirements of subdivision b of this section or is not technically or
operationally feasible; provided that the city, shall maximize its use
of ultra low sulfur diesel fuel with a sulfur content of fifteen parts
per million, and further provided that any diesel fuel used that is not
ultra low sulfur diesel fuel contains the next lowest sulfur content
available. Any finding made pursuant to this subdivision shall expire
after six months, at which time the requirements of subdivision b of
this section shall be in full force and effect unless the commissioner
renews the finding in writing and such renewal is approved in writing by
the commissioner of environmental protection.
h. Subdivision c of this section shall not apply to a diesel
fuel-powered city ferry where the commissioner makes a written finding,
which is approved in writing by the commissioner of environmental
protection, that the best available technology for reducing the emission
of pollutants as required by that subdivision is unavailable for such
city ferry, is not technically, operationally or economically feasible,
or is not available on the required time table due to delays in
manufacturing such technology or in the availability of dry dock or
other repair facilities that are necessary for installing such
technology. Where a finding is in effect pursuant to this subdivision,
the city shall revise its proposed engine upgrade implementation
schedule within thirty days of the grant of renewal of the finding and
use the next best available technology for reducing the emission of
pollutants that is appropriate for such city ferry. Any finding made
pursuant to this subdivision shall expire after six months, at which
time the requirements of subdivision c of this section shall be in full
force and effect unless the commissioner renews the finding in writing
and such renewal is approved in writing by the commissioner of
environmental protection.
i. In determining which technology to use for the purposes of
subdivision h of this section, the city shall consider the reduction in
emissions of particulate matter and the reduction in emissions of
nitrogen oxides associated with the use of such technology, which shall
in no event result in an increase in the emissions of either such
pollutant.
j. (1) On or before October 1, 2009 and every succeeding October 1
thereafter, the mayor shall submit to the comptroller and the council a
report regarding the use of ultra low sulfur diesel fuel and the best
available technology for reducing the emission of pollutants and such
other authorized technology in accordance with this section for diesel
fuel-powered city ferries during the immediately preceding fiscal year.
The information contained in such report shall also be included in the
mayor's preliminary management report and the mayor's management report
for the relevant fiscal year and shall include, but not be limited to:
(i) the total number of diesel fuel-powered city ferries; (ii) the
number of such diesel-fuel powered city ferries that were powered by
ultra low sulfur diesel fuel; (iii) the number of such diesel-fuel
powered city ferries that utilized the best available technology for
reducing the emission of pollutants, including a breakdown by the type
of technology used for each ferry model; (iv) the number of such diesel
fuel-powered city ferries that utilized other authorized technology in
accordance with this section, including a breakdown by the type of
technology used for each city ferry model; (v) the number of city
ferries purchased or newly operated by the city after the effective date
of this section and whether or not emissions from such ferries meet the
United States environmental protection agency's marine engine standards
in effect at the time of such purchase or operation, and if the
emissions from such ferries do not meet such standards, when they can be
expected to meet such standards or meet, at a minimum, the United States
environmental protection agency's Tier 2 air quality standards for
marine engines; (vi) all findings and renewals of such findings issued
pursuant to subdivision g of this section, which, for each finding and
renewal, shall include, but not be limited to, the quantity of ultra low
sulfur diesel fuel needed to power diesel fuel-powered city ferries and
any quantity of diesel fuel used that was not ultra low sulfur diesel
fuel; and (vii) all findings and renewals of such findings issued
pursuant to subdivision h of this section, which shall include, but not
be limited to, all specific information submitted by the city upon which
such findings and renewals are based and the type of other authorized
technology, if any, utilized in accordance with this section in relation
to each finding and renewal.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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