§ 3-21 Liability.
RCNY § 3-21
(a)Permittee agrees to maintain current Vessel insurance, including hull and liability insurance, collision and fire, and extended coverage insurance. Insurance policies must name the City of New York as an additional insured. Each insurer shall waive subrogation. Each Permittee will be held responsible for damage he or she causes to other boats in the Marinas or to the structure of facilities thereof. The Department assumes no responsibility for Permittee's boat or equipment.
(b)Permittee acknowledges that the Department makes no representation regarding the adequacy of water levels for egress and ingress. The Department is not responsible for damages resulting directly or indirectly from low water levels.
(c)The Department assumes no responsibility for the safety of any Vessel at the Marinas and shall not be responsible for loss or damage or injury to persons or property due to wind, waves, theft, collision, chafing, vandalism, fire, low water levels, or any other cause except for the negligence of Department employees acting in the performance of their duties. The Department shall not be liable for any damage to the Vessel occurring before, during, or after a severe storm, hurricane, or other emergency, for services performed, or for the failure to provide services. Permittee must pay for all services performed, and for all goods or materials used in all work performed, in a reasonable effort to protect and safeguard the Vessel, regardless of the success of such efforts.
(d)Permittee waives all claims against the City, its agents and employees for any damage to a Vessel and its contents arising out of the removal, relocation, storage and/or disposal of a Vessel by the Department pursuant to 56 RCNY §§ 3-06(o), 3-09(c) and 3-15, except for gross negligence or willful misconduct by the Department. In accordance with such rules, Permittee shall be responsible for all costs incurred by the Department associated with such removal, relocating, storage and/or disposal.
(e)Permits are for dockage or moorage only, and no injury, loss or damage to the Permittee's Vessel, Permittee, members of his or her family, guests, employees or agents is assumed by the Department, nor will the Department be held liable for any loss or damage caused by weather, acts of God, or other incidents beyond the control of the Department.
(f)Unless the Department receives a specific written work order to do so and suitable charge is applied and paid for, the Department does not guarantee inspection of any vessel or equipment during any storage period and is not responsible for any damage an inspection may have prevented.
(g)The Department and its staff assumes no responsibility for delays in hauling, repairing, cleaning or launching of Vessels at the Marinas. (Amended City Record 8/1/2019, eff. 8/31/2019)
