Draft LOCAL LAW NO. ___ OF 2011
November 30, 2011
A LOCAL LAW AMENDING THE CITY CHARTER TO PROVIDE FOR
THEAPPOINTMENT OF A HARBOR MASTER IN ORDER TO IMPLEMENT
THE LOCAL WATERFRONT REVITALIZATION PROGRAM
BE IT ENACTED BY THE COMMON COUNCIL OF THE CITY OF HUDSON
AS FOLLOWS:
SECTION 1. TITLE. This Local Law shall be known as Local Law No. __ for the
year 2011, the Harbor Master Law.
SECTION 2. LEGISLATIVE FINDINGS.
The Common Council of the City of Hudson finds that:
Revitalization of the City’s waterfront is critical to the City’s continued economic
growth and the health and welfare of its residents who desire better access and additional
opportunities to enjoy coastal resources, including recreational, historic, and cultural
resources within the waterfront boundary.
The economic and social interests of the City’s residents would be best served by
adoption of a Local Waterfront Revitalization Program (LWRP) to revitalize the
waterfront based upon a mix of land uses including residential, commercial, industrial,
shipping, recreational, open space and conservation.
Adoption of the City’s LWRP will likely result in increased use of the Hudson
River and the City’s riverfront by water borne vessels, thereby necessitating appointment
of a Harbor Master to protect the public’s health, safety and welfare and to ensure
implementation the LWRP.
SECTION 3. LEGISLATIVE INTENT.
It is the intent of the Common Council to amend the Hudson City Charter to
authorize the Mayor to fully implement the LWRP through the appointment of a Harbor
Master to ensure the public’s health, safety and welfare.
SECTION 4. STATEMENT OF AUTHORITY.
This local law is authorized by the Municipal Home Rule Law (Chapter 36-a of the
Consolidated Laws of the State of New York); the Waterfront Revitalization of Coastal
Areas and Inland Waterways Act of the State of New York (Chapter 18 of the
Consolidated Laws of the State of New York, Article 42 of the Executive Law); the
General City Law, (Chapter 21 of the Consolidated Laws of the State of New York,
Article 3, §§20, 27-a, 32 and 37 and Article 5-A, §81-D); the General Municipal Law
(Chapter 24 of the Consolidated Laws of the State of New York, Article 12-A, §247); and
the Environmental Conservation Law (Chapter 42-B of the Consolidated Laws of the
State of New York, Article 49, §49-0301).
SECTION 5. APPOINTMENT OF HARBOR MASTER
A. Hudson City Charter, Article IV, §C4-4B, is hereby AMENDED by
adding at the end thereof the following NEW paragraph:
“(7) Harbor Master”
B. Hudson City Charter is hereby AMENDED by ADDING the following
NEW Article:
“XXVIIB Harbor Master
§C27B-1. Establishment of Office.
There shall be in the City of Hudson, as appointed by the Mayor, an officer
known as the “City of Hudson Harbor Master”.
§C27B-2. Appointment of Harbor Master; term of office.
The Mayor may appoint a Harbor Master for the City of Hudson who shall
hold office during the pleasure of the Mayor.
§C27B-3. Certification of appointment of Harbor Master.
The appointment of the Harbor Master of the City of Hudson shall be
evidenced by a certificate in writing signed by the Mayor and filed forthwith
in the office of the City Clerk.
§C27B-4. Powers and duties of the Harbor Master.
The Harbor Master shall collect fees in accordance with a fee schedule
established by the Common Council, from vessels docking at any City owned
dock or marina space. The Harbor Master shall keep records of vessels
docking at any City owned dock or marina space and any fees collected and
shall transmit such fees the City Treasurer’s Office not more than 30 days
after receipt. The Harbor Master shall, as necessary, direct vessel traffic
within the jurisdictional limitations of the City in a manner which protects the
public’s health, safety and welfare.
§C27B-5. Required reports of the Harbor Master.
It shall be the duty of the Harbor Master to meet with the Mayor of the City of
Hudson at least once annually to report on the condition of any City owned
dock or marina space and provide an accounting of the fees collected for the
reporting year.”
SECTION 6. SEVERABILITY. If any clause, sentence, paragraph, section or part
of this Local Law shall be adjudged by any Court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder thereof, but shall be
confined to its operation in said clause, sentence, paragraph, section or part of this Local
Law.
SECTION 7. EFFECTIVE DATE. This Local Law shall take effect immediately
upon passage and filing with the Secretary of State.
Introduced ___________________________
Seconded ____________________________
Approved __________________________
By_________________________________
Richard Scalera, Mayor