MARINA OPERATIONAL RULES AND REGULATIONS
ONE15 Brooklyn Marina, LLC doing business at 159 Bridge Park Drive, Brooklyn, NY 11201, is the Operator and Manager of ONE˚15 Brooklyn Marina located at Pier 5 Brooklyn Bridge Park, Brooklyn NY 11201. All people using the Marina or any of its facilities must comply with the following Marina Operational Rules and Regulations.
The Marina Management, which is comprised of those agents or employees designated by the Operator, to include the Marina Manager and staff are empowered to enforce all Rules and Regulations and to assign slips and collect on behalf of the Operator all berthing fees and ancillary charges. The Marina Management is also empowered to take appropriate action to assure the safety, general appearance and overall proper operation of the Marina.
It being understood that the reputation of the Park and the Marina are of paramount importance to Brooklyn Bridge Park Corporation (“BBP”) and to the Operator, the Marina Manager and staff reserve the right to limit the actions or activities of boaters, visitors and operators within the Marina facilities which it views as infringing upon the peace and comfort of Park visitors.
Without prejudice to the foregoing, in these Marina Rules and Regulations, except where the context otherwise requires, the following expressions shall have the following definitions:
|“Berth”||means the designated location where a vessel may be moored in the Marina, as directed by the Marina Staff. The location of the Berth indicated in the Berthing Agreement is for reference only;|
|“Berthing Agreement”||means the berthing agreement (including the Particulars and the Schedule) entered into by the Vessel Owner in respect of the Vessel Owner’s use of the Berth under a contractual license and these Marina Rules and Regulations shall form part of the Berthing Agreement;|
|“Berth Holder”||means any Vessel Owner who is or was granted the right to use a berth in the Marina under the Berthing Agreement.|
|“Common Areas”||means public spaces in the Marina not physically forming part of the berths;|
|“Effective Date”||The first day of a rental term; the first day a vessel may arrive in the Marina|
|“Operators”||means any person who is visiting the Marina including the Vessel Owner, yacht crew, licensees, visitors, agents, employees, contractors, customers or operators;|
|“Government”||means the Government of the United States of America, the state of NY and/or New York City|
|“Length”||means the overall length of the Vessel, includes but not limited, bowsprits, stern davits, swimming platforms and any other factory or non-factory extensions or additions in in normal position.|
|“Manager” ”Management”||means the General Manager of the Marina, the Marina Manager or his/her nominee(s) and who are entrusted to enforce these Marina Rules and Regulations at all times;|
|“Marina Rules and Regulations”||means these rules and regulations, including the Introduction, Annex and Maps attached hereto;|
|“Marina Staff”||means any employee of the Marina;|
|“Marina”||Means ONE˚15 Brooklyn Park Marina and includes the water surface as indicated in Map 1 hereto, and all elements thereof the basin situated at Brooklyn Bridge Park Brooklyn, NY 11201 including but not limited to all structures, floating infrastructure, floating clubhouses, upland eateries and office as well as the rights granted by Brooklyn Bridge Park (the landlord).|
|“Park”||Means Brooklyn Bridge Park;|
|“Permanent”||means any Term period longer than One (1) months;|
|“Rates”||means the official published prices by the Marina for all the services offered; the Rates can be defined as Daily, Weekly, Monthly, Seasonally or Annually. The Rates can be modified from time by time with thirty (30) calendar days’ notice;|
|“Transient”||means any Term period not exceeding one (01) month;|
|“Vessel”||means any vessel authorized by the Marina to use the Marina; and|
|“Vessel Owner||means the legal titleholder of the Vessel and can be a natural person, body corporate, incorporate, associated partnership, firm or any other entity, and shall include successors-in-title and assigns.|
General: For purposes of these Marina Rules and Regulations, words importing the singular shall, where applicable, include the plural and vice versa and words importing the masculine gender shall, where applicable, include the feminine and neuter genders. References to persons shall, where applicable, include corporations.
Any reference to a time of day and dates in these Marina Rules and Regulations shall be in reference to Eastern Standard Time, unless otherwise stated.
Where any word or expression is defined in these Marina Rules and Regulations such definition shall extend to the grammatical variations and cognate expressions of such word or expression.
SECTION 1: THE OBJECTIVE OF THE MARINA RULES AND REGULATIONS
1.1 The objective of these Marina Rules and Regulations is to set out the common rules of use and operation of the Marina. These Marina Rules and Regulations shall apply to the use and enjoyment of the water, land, infrastructure and facilities within the Marina including but is not limited to the Common Areas.
1.2 The Vessel Owner shall comply with all international maritime laws, applicable rules, regulations as well as rules of the US Guard and any other authorized government agency. Owner shall follow all ordinances, rules, and regulation regarding vessel operation and berthing in a marina including without limitation all government regulations, the Brooklyn Bridge Park Rules and Regulations (“Park Rules”), as well as these Marina Rules and Regulations.
1.3 The Marina Rules and Regulations are designed to regulate the use of the Marina and to create a safe, clean, friendly and welcoming environment for the mutual benefit of park users, Vessel Owners, Operators, the Marina Management and all the stakeholders alike. The Marina shall be entitled to make different provisions applicable to different parts of the Marina. By agreeing to be an occupant of the Marina, boat owners are acknowledging that they wish to be part of a friendly boating community. Aggressive, rude or abrasive behavior of any kind will not be tolerated. Causing a disturbance of any kind to fellow occupants, park visitors, or marina staff shall be grounds for immediate revocation of slip privileges. These Marina Rules and Regulations shall be applicable to all Vessel Owners, Berth Holders, Operators and Visitors and Crew using the Berths, offices, sailing school, changing facilities, lockers and any other facilities or installation within the Marina or affiliated with Marina operations.
1.4 Whenever under these Rules, the Marina or BBP, as the case may be, has the right to approve or determine any matter, or has an election with respect to a matter, such approval, determination or election will be made in such entity’s sole discretion unless specifically provided herein to the contrary.
1.5 The Management and/or BBP shall be entitled to limit access and/or shut down parts or all of the Marina during inclement weather, for maintenance, repair, or for any other purposes, as the Management deems appropriate.
1.6 In the event of any inconsistency between the Berthing Agreement and these Marina Rules and Regulations, these Marina Rules and Regulations shall prevail.
SECTION 2: REFUSAL OF SERVICES
2.1 The Marina can refuse the entrance and provision of services and/or berthing in the following instances:
- when the person or entity soliciting the Marina services refuses to sign the Berthing Agreement;
- when the vessel does not meet the regulatory safety conditions, determined in the sole discretion of the Marina;
- when the person or entity soliciting the Marina services, does not provide proof of an insurance policy in accordance with the Berthing Agreement;
- when the vessel that requires the Marina service does not comply with the minimum required standards of aesthetic image, safety or environmental awareness, determined in the sole discretion of the Marina; or
- A vessel owner not in “good standing” with the Marina.
SECTION 3: THE BERTH
3.1 The Vessel Owner shall only use a Berth for the mooring of the Approved Vessel and not for any other vessel or purpose unless approved in writing by the Marina. No vessel shall be allowed to berth in the Marina without the prior written approval of the Marina. Boat slips may not be used or occupied for any unlawful, illegal or extra hazardous business, use or purpose, or in such manner as to constitute a nuisance of any kind (public or private) or that BBP deems in its sole discretion offensive by reason of odors, fumes, dust, smoke, noise or other pollution, or in any way violates these Marina Rules and Regulations, the Berthing Agreement, the Park Rules, or any other applicable rules and regulations.
3.2 All applications for Berths are subject to written approval by the Management and are allocated at Management discretion, subject to availability. Applications must be submitted with supporting documents including but are not limited to valid vessel registration, bill of sale, valid third-party liability insurance certificate, and a recent picture of the vessel (side & stern).
3.3 Membership in the Sailing Club/Sailing School does not automatically entitle a Vessel Owner to a Berth and/or access or any rights in the Marina unless the Vessel Owner is also a registered Marina user.
3.4 The right to use the Berth (pursuant to the Berthing Agreement) is vessel specific, non-transferable and shall not form part of the sale of the Vessel. The Vessel Owner shall not allow any vessel to occupy the licensed Berth, other than the Vessel referenced in the Berthing Agreement or the Vessel’s Tender as described elsewhere, regardless of whether or not fees or other consideration are paid. No right of Owner created under this Agreement may be transferred or assigned without specific written consent of The Marina. Any attempted transfer or assignment shall give The Marina the right to terminate this Berthing Agreement forthwith, without prejudice to its rights hereunder. Should Owner attempt to sell, charter, or transfer all or any portion of the Owner’s interest in, or possession of, the Approved Vessel, all rights under the Berthing Agreement shall terminate automatically, unless The Marina agrees in writing.
3.5 The Marina reserves the right to re-locate any Vessel to any other Berth at any time permanently or temporarily. The Marina shall be entitled to instruct the Vessel Owner, in writing, to relocate the Vessel within five (05) calendar days from the date of the notice. If the Vessel has not been relocated within the said five (5) calendar day’s period, the Marina can relocate the vessel at the Vessel Owner’s expense and risk. The Marina shall not be responsible for, and the Vessel Owner shall hold the Marina harmless from, any claim or damage to the Vessel resulting from such relocation or removal by the Marina.
3.6 Without prejudice to the generality of the foregoing, in the event that a Berth is required by the Marina for any event or function including but is not limited to a boat show, Park or Marine Event, the Management reserves the right to re-locate the Vessel to any other Berth in the Marina. In some cases this may require moving the Vessel out of the Marina. Marina agrees to provide a minimum of five (5) days written notice where practicable, and will refund the cost of berthing for any days that the Vessel is not permitted in the Marina and if the Marina is unable to secure alternative berthing at the Marina’s expense. Refunds will be pro-rated based on Owner’s rate for dockage for the period that the Marina is unavailable.
3.7 Vessels berthed on a Permanent basis leaving the Marina for a period longer than two (02) calendar days shall inform the Marina Office at least twelve (12) hours prior to departure for the purpose of closing the utility meter reading and other administrative steps which must be taken. Vessels berthed on a Transient basis leaving the Marina must inform the Marina Office at least twelve (12) hours prior to the scheduled departure for the purpose of processing the settlement of any expenses incurred and the issuance of any documents that are necessary for the closing of the utilities. In the event of a departure after office hours, notice must be given at least six (06) hours prior to the close of business of the Marina Office. All Vessels with a Length of 100ft and above must notify the Marina Office at least 24 (24) hours prior to arrival or departure. The Berth Holder agrees that the Marina may rent for fees the use of the Berth when the said Berth is not in use by the Berth Holder.
3.8 Commercial Berth: The Marina reserves the right to license the use of a Berth to a vessel broker/dealer for any nonspecific vessel (stock boat). All such vessels must comply with all Marina Rules and Regulations and the Berth specifications. In no event shall any sub-licensing of the Berth by the broker/dealer be permitted. Broker/dealers are required to be a Corporate licensee.
3.9 Reservations: Reservations for berths are confirmed only upon receipt of a non-refundable deposit of fifty (50) per cent of the applicable Rates for the Term and a signed Berthing Agreement. This deposit shall be applied towards the final invoice payable by the Vessel Owner. The non-refundable deposit of fifty (50) per cent will be charged before a reservation is confirmed.
3.10 Waiting List: Owners may request in writing to be put on a non-binding waiting list to obtain a Berth. The Marina is not required to disclose the ranking or the vessels on the waiting list. The waiting list is for internal Marina use only. Administrative fees may apply to remain on the waiting list.
3.11 Berthing Agreements are subject and subordinate to the lease agreement between the Operator and BBP (the “Lease”), and to any matters to which the Lease is or shall be subordinate. In the event of termination, reentry or dispossession by BBP under the Lease, BBP may, at its option, take over all of the right, title and interest of the Operator, as licensor, under such Berthing Agreement, and Slip Occupant shall, at BBP’s option, attorn to BBP pursuant to the then provisions of such Berthing Agreement applicable to the balance of the term of such Berthing Agreement, except that BBP shall not be (i) liable for any previous act or omission of the Operator under such Berthing Agreement, (ii) subject to any credit, offset, claim, counterclaim, demand or defense which Slip Occupant may have against the Operator, (iii) bound by any modification to the Berthing Agreement that modifies the requirements of the Lease, unless approved in writing by BBP, (iv) required to account for any security deposit of Slip Occupant other than any security deposit actually delivered to BBP by the Operator, (vi) bound by any obligation to make any payment to Slip Occupant or grant any credits, except for services, repairs, maintenance and restoration provided for under the Berthing Agreement to be performed after the date of such attornment, (vii) responsible for any monies owing by BBP to the credit of the Operator or (viii) required to remove any person occupying the Premises or any part thereof.
3.12 The sidewalks and other space on the exterior of the Marina may not be used for any display, sale or similar undertaking or storage, without, in each case, the prior written consent from the Operator and Brooklyn Bridge Park, which may be granted or denied at their discretion.
SECTION 4: VESSELS
4.1 The Owner warrants that he is the sole owner of the Approved vessel described in the Berthing Agreement. If the Approved Vessel is jointly owned, the Owner signing the Berthing Agreement represents that he is authorized to bind all owners of the Approved Vessel in accordance with the terms of this Agreement. An applicant need not own a boat to apply for a boat slip; however, an applicant must be the primary owner of the boat at the time of licensing, and show valid proof of ownership within 30 days of notification that a slip is available. For purposes of these rules, primary owner shall mean an individual or an entity that have majority ownership by the applicant.
4.2 When ownership of a Vessel is transferred, the following procedures shall apply:
- The new owner is given thirty (30) calendar days from the date of change of ownership to submit appropriate paperwork to the marina for review by marina management. Management may choose not to allow the vessel to remain in the marina. In such cases, the new owner shall remove the Vessel from the Marina promptly, after settling the outstanding charges with the Marina in respect of the Vessel. The Marina is not required to accept the new owner’s application.
- Should the new owner’s application for Membership be rejected by the Marina, the new owner shall be required to remove the Vessel immediately from the Marina or alternatively, the daily rates will be applied.
4.3 Commercial Use:
- Vessels offering commercial services such as, but not limited to, charter, tours, Food and Beverage, sailing schools must obtain special prior written permission for berthing at the Marina from the Management and BBP. Commercial operations without prior written approval of the Marina and BBP are not permitted.
- Assuming a vessel has been approved for commercial operations by the Marina and BBP (hereinafter referred to as a “Commercial Vessel”), the following rules apply:
- Commercial Vessels must meet all relevant regulations.
- The owner of a Commercial Vessel shall be responsible for the proper conduct of their passengers.
- The Marina reserves the right to refuse entry to any passenger without assigning any reason.
4.4 If the Vessel is sold by the licensee, the licensee is required to inform the Marina. In such an event, the licensee surrenders all rights (but not obligations) under the Berthing Agreement and is required to re-apply for a Berth (subject to availability) should he intend to bring in a new vessel. The Marina shall have the sole discretion to approve the new vessel and the prevailing applicable Rates shall apply.
4.5 The Vessel Owner is permitted to have one tender in the Marina. The tender should be kept in the same slip as the Vessel, unless other permission is given by Management and cannot occupy a separate Berth without a Berthing Agreement or hinder any other Vessel. The tender cannot be longer than the width of the Mother- Vessel it belongs to and should clearly have the letter t/t (tender to) with the name of the Vessel it belongs to on it.
4.6 In no event shall any vessel to be placed in the Marina exceed 200’ in length or have a superstructure in excess of 48’ except that such prohibition shall not apply to antennas, flying bridges, radar arches or similar appurtenances, or masts of sailing vessels, without the Operator’s or BBP’s prior written approval.
4.7 Vessels left at the Marina are deemed discarded when they have been in the Marina without paying the corresponding rental fee for a period of more than 30 (thirty) days. The Vessel Owner hereby authorizes the Marina and the Management to remove any objects including but are not limited to equipment, vehicles, vessels, materials, etc. from the Marina, that have been deemed discarded or if the Operator considers that these items create a danger to other users, operators or visitors to the Marina.
SECTION 5: THE TERM
5.1 The Berthing Agreement shall be for a “Pick Up/Drop Off”, “Day Stay”, “Overnight”, “Monthly”, “Seasonal” or “Yearly” (each a “Term”) as may be selected by the Vessel Owner in the Term section of the Berthing Agreement. The effective commencement date of the Term (the “Effective Date”) shall be such time the Vessel is physically moored at the assigned Berth or as indicated in the Term section of the Berthing Agreement, whichever is earlier.
- Pick up/Drop Off: A stay of 15 minutes or fewer.
- Day Stay: Any non-overnight stay between 9am and 5pm lasting 4 hours or less.
- Overnight: 1pm until 1pm the following day.
- Monthly: Starting any given day after 1 pm until 1pm the same calendar day the following month.
- Seasonal: Starting May 1st after 1pm until 1pm October 31 annually
- Yearly: Starting any given day after 1pm on January 1st and running up to 1pm on December 31st (requires a separate written authorization from the Marina and BBP)
- Dock and Dine: A stay of 3 hours or less with receipt from Estuary restaurant.
a) The Operator reserves the right to inquire into the matter of ownership and continuing ownership in connection with all slip renewal requests. Failures to provide supporting evidence of ownership shall terminate a licensee’s slip rights.
b) Slip licenses are granted for one term, licenses in future terms are not guaranteed. Slip licensees in good standing must renew their slips for the coming season by showing proof of insurance and by payment of slip fees under the following schedule.
- Regardless of term, a 50% Deposit for the slip fee is due within 30 days of signing a Berthing Agreement.
- In cases of reservation cancellation, Owner acknowledges that planning and investment will incur costs to Marina. As such, Marina shall refund up to 80% of the payments received if and when Marina re-licenses the slip to another party. As a result, refunds are not guaranteed.
- Slip fees may change from time to time at the discretion of the Operator.
- The Marina reserves the right to allocate slips at whatever priority it sees fit.
- In applying these rules, the applicant and/or licensee shall on request personally appear before the Operator for the purpose of answering questions as to continued ownership interest and shall likewise submit such documentation on the matter as may be
- An applicant or licensee who is denied license rights under this Section may appeal the decision to the Operator for a meeting and final determination.
- The Marina shall also maintain a slip reassignment list. Slip reassignments within the marina for existing boaters shall be approved by Marina on a best efforts basis and at Marina’s sole discretion prior to opening up new slips for new licensees. Different slips of the same size may be valued differently, and thus in some cases moving to a different slip may result in an increase in dockage fees. Transfers shall be made at the sole discretion of Marina.
SECTION 6: BERTH FEES, DEPOSIT AND OTHER CHARGES
6.1 The Berth Fee schedule is public and available in the Marina Office and on Marina website. This schedule is subject to change by the Marina without notice. However, the applicable Rate in the Berthing Agreement for berth license fees cannot be changed during the given Term insofar as the Vessel Owner has paid all applicable fees and has submitted valid documentation including, but not limited to, a signed Berthing Agreement, proof of insurance. The rates for utilities (water, electricity), services, goods and others as indicated on the Schedule may be subject to change by the Management, and this change will be announced on the Marina Notice Board and /or Marina website.
6.2 The Berthing Fee for the berth is based on the length of the Berth or the Length of the Vessel, whichever is greater with a minimum chargeable length of 33ft. The rental fees are based on the Marina’s schedule of fees which are subject to change without notice but will only apply to new Berthing Agreements and not affect valid signed agreements.
6.3 In addition to the Berth Fee, the Vessel Owner agrees to pay in full all utility charges for electricity and water supplied, and waste collection services at the end of each month or at the end of the Term (whichever is applicable), in accordance with the Marina’s published policy and rates. A pre-paid Utility Charge of 10% of the berthing fee will be collected in advance for the consumption of utilities and this credit will be applied to the final bill.
6.4 The berth license fee and such other sums payable by the Vessel Owner to the Marina under the Berthing Agreement are exclusive of taxes if any such taxes are due, which shall be payable by the Vessel Owner.
SECTION 7: TERMINATION
7.1 The Berthing Agreement may not be pre-maturely terminated by the Owner without the prior written consent of the Marina, which consent may be given without prejudice to the rights of the Marina. If a Berthing Agreement should be terminated by the Berth Holder pre-maturely, the Deposit will be forfeited and used as a penalty.
7.2 If the Berth Holder shall hold over any Berth after the expiry of the Berthing Agreement and without signing a new Berthing Agreement, the Daily rate shall be applied.
7.3 The Berthing Agreement terminates in the following instances:
- Expiry of the Term stipulated in the Berthing Agreement;
- If the Vessel Owner sells his vessel as indicated in the Berthing Agreement; by selling the Approved Vessel, the Vessel Owner loses all license rights to the Berth; it is the Marina’s sole discretion to grant the Vessel Owner new license rights to the same Berth for a new vessel; if the new Vessel is longer in Length, the berth rental fee will be adjusted accordingly;
- Any breach of the Berthing Agreement or these Marina Rules and Regulations, by the Berth Holder; in such an event, the Berth Holder will be notified in writing of the breach and the grace period given by the Marina to the Berth Holder to rectify such breach; the Berth Holder is entitled to appeal in writing within five (5) working days and be heard by the Management whose decision shall be final and binding;
- In the event any Marina invoice remains unpaid by the Berth Holder thirty (30) days from the date of such invoice; or
- Berthing Agreements may be terminated by the Operator or by BBP on twenty (20) days’ notice, or in the event of default under this Berthing Agreement, immediately.
7.4 Upon termination of the Berthing Agreement, the Marina may instruct the Owner, in writing, to remove or relocate the Vessel within five (5) working days. If the Vessel has not been removed or relocated, The Marina can retake possession of the Berth at the Owner’s expense and risk. The Marina shall not be responsible for, and the Owner shall hold The Marina harmless from, any claim or damage to the Vessel resulting from such removal or relocation.
7.5 The Vessel Owner shall indemnify the Marina against all losses, costs and/or damages suffered by the Marina as a result of this Agreement being terminated prior to the expiry of the Term. The Marina shall have a lien at all time of the Vessel Owner’s property in the Berth including without limitation the Vessel and all its contents for any and all amounts due at any time from the Vessel Owner to the Marina and the Marina shall be entitled to use, sell or dispose as agent for and at the expense of the Vessel Owner the Vessel and all its contents and apply the sales proceeds in and towards the payment of such amounts, on twenty eight (28) calendar days’ written notice to the Vessel Owner. On accounting to the Vessel Owner for any balance remaining after payment of any amounts due to the Marina and the costs of sale or disposal the Marina shall be discharged of any liability in respect of the Vessel Owner’s property.
SECTION 8: USE OF AND COMPORTMENT WITHIN THE MARINA
8.1 The Marina is for the use of recreational vessels and leisure-oriented nautical activities. By agreeing to be an occupant of the Marina, boat owners are acknowledging that they wish to be part of a friendly boating community. Aggressive, rude or abrasive behavior of any kind will not be tolerated. Causing a disturbance of any kind to fellow occupants, park visitors, or marina staff shall be grounds for immediate revocation of slip privileges. Vessels or activities which are of a commercial character may be permitted, subject to prior written authorization from the Marina and BBP. All complimentary uses, in harmony with the natural surroundings of the Marina and the Park, which are proposed by the Marina user, can be accepted at the Marina’s sole discretion.
Disorderly or indecorous conduct within the Marina premises is prohibited. Vessel Owners are responsible for the conduct of their family, operators, agents, and crew while they are in the Marina, and for ensuring that such persons observe the provisions of these Marina Rules and Regulations. The Vessel Owner acknowledges that it shall not enter into any illegal or immoral activities onboard the Vessel while the Vessel is moored at the Marina and further agrees to procure that such activities are not carried out by any operators or crew. Causing a disturbance of any kind to fellow occupants, park visitors, or marina staff shall be grounds for immediate revocation of slip privileges.
Prohibited vessels/uses include:
- Transportation uses such as ferries.
- Gambling, vessels used for the purpose of gambling outside of the Marina or vessels for the purpose of providing transportation directly to casino or other gambling destinations or to other modes of transportation serving such destinations.
- Jet skis, wave runners and other motorized personal watercraft.
- Boats used for parasailing, speed boat rides or providing transportation to such boats or staging areas with respect thereto
8.2 In the case of an emergency or force majeure, Vessels which are not designed for sport or recreational use, can use the Marina temporarily for the duration of time necessary under such circumstances. Such a state does not exempt such vessel or its crew from complying with the Marina Rules and Regulations, such as the obligation to follow the indications and instructions of the Marina Staff, nor does it under any circumstances absolve the payment of any applicable fees as determined by the Marina
8.3 BBP and the Marina reserve the right to limit the actions or activities of boaters which it views as infringing upon the peace and comfort of Park visitors as well as the good reputation of the Park and the Marina, and where necessary terminate Berthing Agreements and require removal from the Marina of any person and their property at their sole discretion.
8.4 Boat slips may not be used or occupied for any unlawful, illegal or extra hazardous business, use or purpose, or in such manner as to constitute a nuisance of any kind (public or private) or that either the Marina or Brooklyn Bridge Park deems in its sole discretion offensive by reason of odors, fumes, dust, smoke, noise or other pollution, or in any way violates these Marina Rules and Regulations, the Berthing Agreement, or any other applicable rules and regulations.
8.5 The marina is designed for specific wind speed tolerances above which the occupancy of the marina is prohibited. Boaters agree to vacate part of all of the marina in any of the following instances:
- When the NOAA Hurricane Center is forecasting that the New York Area will be subject to winds beyond Category 1 in the next 72 hours. (https://www.nhc.noaa.gov/)
- When wind speeds are gusting beyond 75 mph at a reference point designated by the Marina Operations (Robins Reef https://www.ndbc.noaa.gov/station_page.php?station=robn4)
- Any other time where wind and wave conditions may imperil the safety of the marina and its tenant as determined by Marina Operations
SECTION 9: VESSEL
9.1 All Vessels must be well-maintained, sea-worthy, and capable of moving under their own power at all times. Vessel Owners must at all times ensure that their Vessel are safely and properly secured in a manner and position acceptable to the Marina and according to generally accepted seaman standards. The Marina shall have the right to enter and/or remove Vessel from their Berth or take other safety precautionary measures –such as adjusting mooring lines and fenders, providing safe mooring lines, remove canvasses, adjust halyards- as deemed necessary in the event of an emergency. The Marina shall not be responsible for any damage to any Vessel or other property of Vessel Owners caused as a result of such precautionary measures. The Marina reserves the right to board any vessel in the event of any unsafe condition causing a prospective hazard to the Marina or surrounding vessels. The Marina will submit a documented report to owners.
9.2 Every Vessel that is moored in the Marina must be maintained in good condition, including but not limited to working order, appearance, safety and floatation as determined by the Marina. If the Marina observes that a Vessel does not comply with the aforesaid conditions, the Marina will notify the Vessel Owner or person in charge and give them a period of five (05) working days to commence repair on the indicated defects failing which the Marina shall be entitled to remove the Vessel from the Marina’s water and place it on land at the Vessel Owner’s expense and risk.
9.3 Any Vessel Owner is required to inform the Marina – before arrival or departure – of any defect that could hinder its sea-worthiness, safety or maneuverability.
9.4 In the event a Vessel is requested to be moved from its location in the Marina, for reason in the interests of the Marina, its crew must comply with any instructions received from the Marina. In the event no crew members are on board, the Marina can undertake the necessary operations themselves without the right on the part of the Vessel Owner to claim reimbursement for the costs.
9.5 The Vessel Owner shall ensure that all mooring lines, hoses, power and television cables, and the likes are neatly coiled and arranged on the docks so as not to cause any obstruction or danger to other persons. Mooring lines must be of good quality rope. Vessel Owners shall replace any worn or damaged lines at their own cost. Halyards shall be tied-off to eliminate noise. Dock lines shall be maintained in a safe and non-chaffed manner and be of adequate size for the Vessel. All Vessels shall be moored according to the suggested docking methods set out in the information package provided at the time of the execution of the Berthing Agreement.
9.6 All ancillary crafts (dinghies, wind surf boards, jet skis, and the like), equipment, gear, and supplies must be kept on the Vessel Owner’s Vessel, and not at walk-on berths or elsewhere in the Marina. The Marina shall have the right to remove such craft, equipment, gear, or supplies left unattended in the Marina. The Vessel Owner shall take all necessary precautions with regard to the storage of inflammable gas and fuel to prevent the outbreak of fire or explosion on the Vessel. Vessel Owners must ensure that a sufficient number of fire extinguishers are kept on the Vessel, in easily accessible locations. Supplies, materials, accessories, equipment or gear of any kind shall not be stored anywhere within the Marina except in approved locations. No fuel, lubricants or other flammable items in portable containers are to be stored in the dock boxes. The Marina is authorized to enter the dock boxes in order to affect repairs, in the sole discretion of the Marina, when such entry is necessary for the safety of the Marina or Vessels.
9.7 All persons including Vessel Owners, operators, and visitors as well as Vessels entering or departing from the Marina do so at their own risk. No responsibility will be undertaken or accepted by the Marina for any loss, damage, or injury to persons or property while in the Marina or on a Vessel.
9.8 Vessel Owners must take care when navigating their Vessel in and out of the Marina so as not to endanger and/or inconvenience other Vessels. Vessel Owners must comply with any direction or communication given by the Marina Office with regard to the movement of vessels within the Marina. The speed limit within the Marina is a wake-less speed. Vessel Owners shall be responsible for any damage caused by wake and wash off their Vessel, whether intentionally or unintentionally caused, or arising from their negligence. Vessels cannot overtake another vessel in the Marina be it the entrance, fairway or other area.
9.9 Except when entering or leaving Berth, main engines, power generating equipment and other noise making machinery shall not be operated between the hours of 6.00pm and 9.00am. Engines shall not be operated in gear while the Vessel is secured to the dock. Vessel Owners must use shore power when their Vessels are berthed in the Marina. Unnecessary operation of engines in the Berth is not permitted. No horns or warning devices may be sounded in the Marina except in cases of emergency or as may be necessary in the course of navigation.
9.10 If a Vessel Owner wishes their crew to have independent access to the Marina, they must apply in writing for and obtain a crew pass for each member of their crew. Crews without crew passes must be accompanied at all times by the Vessel Owner. Crew passes shall be issued at the discretion of the Marina subject to the payment of an administrative fee as may be determined by the Marina. Crew passes are not transferable and must be produced when requested by any employee of the Marina. A crew pass may be withdrawn by the Marina if, in the opinion of the Marina, the crew is guilty of any misconduct or fails to observe these Marina Rules and Regulations, the Berthing Agreement, the Park Rules and/or Regulations.
9.11 Liveaboards are not permitted in the marina. The Vessel Owner or his crew is not permitted to use the Marina as their legal domicile. The address of the Marina can only be used as a forwarding address to receive mail, provided that the name of the Vessel is clearly stated on the label of the mail. The Vessel Owner acknowledges that the Marina is not responsible for any items sent to its premises or any damage or loss incurred due to the use of the Marina as a shipping or delivery address.
9.12 Owners and their agents, or those persons affiliated with a vessel staying in the Marina must be neatly and appropriately dressed. Maintenance and repair work, including any alterations, may not be done in the Marina without prior written consent from the Marina and Brooklyn Bridge Park. Where permitted in writing by the Marina and BBP, crews are allowed to work only on the Vessel they are assigned to as indicated on the crew identity pass. Crews working on a non-designated Vessel can result in termination or non-renewal of the Berthing Agreement of the Vessel where the prohibited work is taking place as well as for the Vessel Owner who allows his crew to work on another Vessel. If a crew ceases to be employed by a Vessel Owner, the Vessel Owner shall immediately notify and return the crew passes to the Marina.
9.13 The Vessel Owner cannot employ any former Marina Staff during such employee’s restricted period pursuant to the provisions of that employee’s employment contract.
9.14 All third party contractors, service organizations, or individuals permitted to undertake work in the Marina are required to be registered with the Marina and obtain a “Work Permit” pass from the Marina Management which is subject to the prevailing terms and conditions herein including the presentation of third party liability insurance and paying any fee as may be prescribed by the Marina.
9.15 Dock steps may be placed on the finger or main docks with approval from the Marina and must be no wider than one-half the width of the finger and no longer than five (05) feet and placed such that it does not hinder the neighboring Vessel. Dock wheels may be added with prior approval of the Marina.
9.16 Children under the age of twelve (12) years are not permitted on the docks at any time without parents or guardians. Non-swimmers or children under age 12 must wear life jackets when on the docks or on board vessels in the Marina.
9.17 As noted elsewhere, the Marina is for the shared community use of recreational boaters and leisure nautical activities. Therefore, activities which impede the shared use and enjoyment of the Marina are not permitted such as, but not limited to, the:
- display of advertising signs such as “for sale”, “for lease” or ‘for charter” signs; or make any form of publicity for political parties or candidates, companies or services
- hand out of leaflets, fliers or any kind of informative documents, or carry out surveys;
- press reporting or video filming or photographing for non-private use;
- use of bikes, scooters, skateboards, or roller skates of rollerblades, coaster toys or anything of a similar nature; Bikes must be stored outside the marina area,
- storage or use on a Vessel in the Marina open fires, outdoor grills, fireworks, flares, kerosene heating and cooking equipment (except propane cooking equipment) and any flammable or otherwise hazardous materials or equipment; collect shells or seafood, or to fish; Fish cleaning is not allowed in the Marina. Fish entrails shall not be discarded in the Marina waste cans.
- water-skiing, swimming, scuba diving, for pleasure or commercial reasons, without prior written approval from Marina;
- use of drones or similar remotely operated devices
- use of jet-skis or similar vessels
- use of public address systems and other amplification and/or music systems
- holding meetings, conferences or events without prior written permission from Management and BBP;
- walking any type of animal in the Marina that does not conform to the rules of security and hygiene established by the current legislation or that commits any of the following:
- being the carrier of parasitic illness, bacteria or anything of a similar type that affects the human race in a detrimental way;
- in the case of dogs or other animals of a similar type that are not properly on a leash or are not wearing a muzzle;
- causes acoustic disturbances to other users of the area where the animal is found;
- creating a danger to the safety of the Users of the Marina; or failure by the owner of the animal to collect and properly dispose of any excrement;
- Camping or picnicking or holding a party on the docks.
- Leaving trash unattended. Trash or garbage must be placed in a plastic bag and disposed of as directed by marina staff. The Marina promotes the principle of Reduce, Reuse, Recycle.
- Hanging laundry on the decks of a Vessel;
- Storage or depositing any personal property or other material, other than the Vessel and one tender, as described above, in the water or on the walkways, docks, utility vaults or other areas in the Marina. Any unauthorized property in such areas shall be subject to immediate removal by Management or BBP;
- Serving or consumption of alcohol on docks or gangways in the Marina;
- Smoking on Vessels docked in the Marina, or anywhere else within the Marina;
- Use of an onboard toilet while a Vessel is docked at the Marina, unless the Vessel is equipped with marine sanitation devices approved by the United States Coast Guard.
- Having any unregistered fire arms, explosives of any kind except the regulated safety flares and signals, fuel reserves and gas cylinders or any items not authorized by the Competent Authority.
- Carrying out work or activities on board the Vessel which may result in the disturbance or danger to other Marina operators;
- Dropping anchor in the marina, channels or waterways of the Marina, except in the case of emergency;
- Connecting to the Marina electricity and water supply without prior authorization;
- Using any type of vehicle with an engine on the docks. The Marina has equipment specially designed for this purpose;
- Installing aerials of any kind on the Marina Berths;
- Cooking or cleaning fish on the docks;
- Construction or repairs, painting or significant overhaul to a Vessel shall be permitted while the Vessel is moored in the Marina. The Marina shall determine in its sole discretion as to what constitutes “construction or repairs”. No hot work may be carried out on any Vessels in the Marina. Only cleaning, minor running repairs, and maintenance may be carried out on Vessels in the Marina provided that the same does not cause any nuisance or annoyance to other users of the Marina, or the Marina. Cleaning or repair of equipment shall not be carried out on the docks;
- Discharging black water while the Vessel is in the Marina basin; and/or
- Bunkering or fueling of vessels.
In any occurrence of the above events, the Management can restrict access to the Marina in the entirety or in part to the individual or individuals in question, if it is deemed pertinent to safeguard the rights of other users of the Marina. The Marina shall be entitled to take appropriate measures to rectify any breach of the aforesaid said rules and/or to report the same to the relevant Authority. Persistent breaches of the aforesaid rules shall result in the offender being prohibited access to the Marina.
9.18 Because of its close proximity to a densely populated urban neighborhood boats shall not cause the noise level within the Marina, as measured from any location twenty‑five (25) feet from boundary of the Marina, to exceed the lower of (a) a limit of Leq equals seventy (70) dBA for any one hour period, and (b) the following measured octave band sound pressure levels in bands centered on the following mid frequencies:
No loudspeakers or other sound systems or advertising device which may be heard outside the marina may be used. While docked and awaiting boarding or during a docked dinner party, no motors may be operated or amplified or other loud music played. Loud parties are not permitted. Vessel Owner will best efforts to eliminate all exterior noise within two minutes of entering or leaving the Marina.
9.19 Smoking is prohibited anywhere within Brooklyn Bridge Park.
SECTION 10: RESPONSIBILITIES & LIABILITIES
10.1 A Vessel owner is required to:
- Comply in all instances to the orders or instructions of the Marina Staff as well as these Marina Rules and Regulations.
- Respect all installations be they of public or private use.
- Be responsible for any damage caused including the costs of repair and the indemnification of the Marina for any such damages.
- Maintain in appropriate condition the mooring material, ropes, protective bumpers or fenders, etc., as well as due consideration in the use of the Berth and other installations, including maintaining them in good condition and good working order.
- Equip the Vessel with appropriate ropes, fenders, berthing equipment and other materials necessary for safety and hygiene as may be determined by the Marina.
- Comply with maritime safety measures, as mandated by the relevant Authority.
- Comply with the applicable rules of Vessel installations as well as conducting inspections, periodic revisions and maintenance. The Marina reserves the right to reject admission of Vessels which do not comply with all of the aforesaid.
- Be or to have a person in charge of the Vessel who is easily contactable. The Vessel Owner must provide the Marina with the name and location of the person responsible for all Vessel, Marina and official issues.
- Comply with all applicable laws, rules and regulations of all departments, agencies, boards or commissions of the United States of America, the State of New York and the City of New York relating to (a) air and water pollution, sewage or waste disposal, sanitation, health, fire and safety, (b) security regulations promulgated by the United States Coast Guard, and (c) navigation and the Navigation Law of the State of New York.
10.2 The Berthing Agreement is a license granting the right to use of berthing space only, such space to be used at the sole risk of the Vessel Owner. The Vessel Owner agrees to hold the Marina harmless and free from, and waives any right against the Marina for any and all liability for any damages, theft, or loss of whatever kind or nature to the Vessel or other boats, the contents thereof including, without limitation equipment, fittings and fixtures including the consequences of any power interruption (including, to the extent permitted by law, death and/or personal injuries) suffered by the Vessel Owner, the Vessel Owner’s family, operators or crew or their property whether caused by the negligence of the Marina Staff (including in providing any services such as launching, recovery and flushing in relation to dry storage), any customer of the Marina or their operators or agents using the Marina facilities, or caused by third parties, storms, or acts of God. Owners agree to vacate the marina when wind speeds are above levels outlined in section above.
10.3 The Vessel Owner agrees that in the event the Vessel Owner, the Vessel Owner’s family, or any of the Vessel Owner’s agents, operators, business visitors or crew cause any damage or loss to the Marina’s or Park’s buildings, yards, docks or equipment, or to the belongings of any customer of the Marina, or operators thereof, the Vessel Owner shall be liable for the said damage or loss. The Vessel Owner further agrees to indemnify, defend and hold harmless the Marina and BBP from any such damage or loss suffered. Under all circumstances, visitors and users of the Marina enter the Marina premises at their own risk.
10.4 The Vessel Owner agrees that it shall indemnify the Marina and BBP from all liability associated with the use and operation of such Vessel.
10.5 Prior to the commencement of the Berthing Agreement, the Vessel Owner shall furnish the Marina with evidence of such insurance and shall renew or replace such insurance upon its expiry or termination. Should the said insurance not cover the cost of repair or loss, then such cost shall become part of the Vessel Owner’s debt due to the Marina and be treated the same as any other sum or sums due under the terms of this Agreement.
10.6 Third parties or other users of the Marina services and/or the Marina installations who, by act or omission, through fault or negligence adversely affect the provision of any Marina services, agrees to fully indemnify the Marina in respect of damages caused to the Marina or titleholders of the service affected.
10.7 Persons who have the authority to enter the Marina premises to exercise any function, task or job, and all other service providers in the Marina, must comply with the provisions on matters of risk prevention in the workplace and must be covered by the relevant insurance (including but not limited to accidents, civil responsibility and fires, repair of damages, and effects caused by the cessation of services e.g. breakdown, accidental damage or wrongful maneuvers) for the provision of said service.
10.8 The Marina is duty-bound to report to the relevant Authority any incidents that occur in relation to the protection and preservation of properties and the provision of services. To that end they must report any legitimate information and also supply information given by third parties.
10.9 Third parties and Marina users that, as a consequence of the running of the Marina’s public services, suffer damage to their properties or interests directly attributable to the Marina, must submit their petition in writing and in an incontrovertible manner to the Marina, and if such a petition is not attended to within a period of thirty (30) calendar days, the injured party will be able to exercise appropriate legal actions.
10.10 The Vessel Owner shall notify the Marina of any unsafe or hazardous conditions that come to his attention. The Vessel Owner shall notify the Marina immediately of damage or defect to any part of the Berth.
10.11 No person shall obstruct or interfere with any Marina Staff in the execution of his duties. Marina Staff shall have the right to request persons to identify themselves while within the Marina.
10.12 If the Marina shall obtain legal counsel or bring an action against the Vessel Owner by reason of the breach of any provision of the Berthing Agreement, these Marina Rules and Regulations, the Vessel Owner hereby agrees to indemnify the Marina’s legal costs on a full indemnity basis.
SECTION 11: ENVIRONMENTAL EFFECTS
11.1 All waste including garbage, oil, grease, batteries, chemicals, water from bilges and other contaminants (including hazmat waste and recyclable waste) must be deposited in appropriate receptacles as directed by the Marina.
11.2 Dumping or littering, whether pollutant or not, on the Marina grounds or in the Marina waters is prohibited. Rubbish must be deposited in the bins. Dumping of oil, oil filters, or other similar residual liquids is to be carried out in compliance with all applicable rules and regulations, at an approved waste management area. It is prohibited, as well as illegal, to dump water that contains oils, hydrocarbons, suspended matter, plastic or any type of waste regardless if it has contaminating products into the grounds or waters of the Marina.
11.3 The polluter will be wholly responsible for the cleaning costs and repair, and likewise incur any possible sanctions that may arise, legal and financial, in accordance with the infractions outlined by the relevant Authority. The Marina is authorized to order the appropriate cleaning and repair, and allocate the cost to the polluter.
11.4 Environmental incidences caused by the Vessel Owner, his family, operators or crew as a result of negligence, or lack of preventive measures or due to non-compliance with these Marina Rules and Regulations, shall entitle the Marina to terminate the Berthing Agreement or the Work Permit (where applicable).
11.5 The collection of trash generated by Marina users will be carried out by means of the containers (trash bins) expressly provided for that purpose by the Marina. Vessel Owners can call the Marina Staff for trash collection
SECTION 12: INSURANCE
12.1 The Marina has a third party insurance coverage sufficient to cover their liabilities for the running of the Marina and its activities. The Vessel Owner agrees to purchase sufficient third party property damage insurance in accordance with the prevailing recommended guidelines (as may be amended from time to time) and to submit a copy of the valid insurance policy while checking in and to furnish the same as and when requested by the Management.
12.2 The Marina is entitled to demand Vessel Owners or any third parties operating in the Marina at any time to furnish their valid insurance documentation. In the event the insurance requirements are not satisfied, the Marina is authorized to terminate any activity without any compensation.
12.3 All boat owners must maintain and provide the Operator with a certificate of insurance indicating $500,000/$500,000 general liability coverage for personal injury, bodily injury and property damage with a company licensed and admitted to do business in the State of New York. Failure to provide a copy of your proof of insurance with your slip agreement could result in forfeiture of your boat slip. Commercial vessels or vessels other than those designated solely for recreational use, assuming they have received prior written approval from the Operator and BBP, may be required to carry additional insurance by the Operator, at its sole discretion.
12.3 The Marina is authorized to procure third party liability insurance on behalf of the Vessel Owner or any third party (at the Vessel Owner or third party’s costs) if such Vessel Owner or third party fails to present a valid third party liability insurance when entering the Marina or starting an operation and/or activity.
SECTION 13: PROMULGATING THE MARINA RULES AND REGULATIONS
13.1 A copy of these Marina Rules and Regulations can be accessed on the ONE˚15 Marina website at www.one15brooklynmarina.com and will at all times be made available at the Marina Office at the request of Marina users. A copy of these Marina Rules and Regulations will be handed over to the Vessel Owner to be acknowledged while signing the Berthing Agreement.
13.2 One15 Brooklyn Marina reserves the right to modify these Marina Rules and Regulations. Important changes will be displayed on the Marina Announcement Notice Board and/or by email notice to Vessel Owners.