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What is NYC AC § 22-113?

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This section outlines the process for the assignment of berths for vessels, including the authority of the commissioner to manage accommodations and enforce compliance. It specifies penalties for non-compliance by vessel operators. Applies to vessel operators and masters regarding berth assignments at wharf property.

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§ 22-113 Assignment of berths for vessels.

AC § 22-113

a. Applications for berths shall be filed as the commissioner shall direct and shall be considered in the order of receipt. The commissioner shall have power: 1. To provide and assign suitable accommodations for all ships and vessels, and to regulate them in the berths they are to occupy at wharf property; 2. To remove from time to time such vessels not employed in receiving or discharging cargoes, to make room for such others as require to be more immediately accommodated for that purpose; 3. To determine as to the fact of such vessels being, fairly and in good faith, employed in receiving and discharging cargoes; 4. To determine how far and in what instance the master, and others having charge of ships and vessels, shall accommodate each other in their respective situations. b. Any master or other person, having charge of any vessel, canal boat, barge or lighter, who shall refuse or neglect to move the same when ordered to do so by the commissioner or other proper officer of the department, or who shall resist or forcibly oppose such commissioner or officer in the discharge of his or her duties, for every such offense, shall forfeit and pay the sum of fifty dollars, to be recovered with costs by and in the name of the department of ports and trade. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1989/014.

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