Suttons Bay Marina :: Leelanau County :: Michigan

VILLAGE OF SUTTONS BAY
MARINA ORDINANCE
Ordinance No. 3 of 2006
AN ORDINANCE TO PROVIDE RULES, REGULATIONS AND PROCEDURES FOR THE OPERATION OF THE VILLAGE OWNED MARINA, BOAT LAUNCHES AND MARINA PROPERTY TO INSURE THE PUBLIC HEALTH, SAFETY AND WELFARE; TO PROVIDE FOR ORDERLY MARINA CONDUCT; TO PROVIDE FOR PROCEDURES FOR OPERATIONS AS WELL AS VISITORS AND SEASONAL LEASE HOLDERS; AND TO PROVIDE ENFORCEMENT REGULATIONS.

THE VILLAGE OF SUTTONS BAY ORDAINS:

Section 1. Definitions.
The following terms, as used in this Ordinance, are hereby defined to have the following meaning. All other terms shall have their regular dictionary meanings or as defined in other governing regulations.

“Vessel” means a craft designed to navigate on water.

“Village”or “Owner” means the Village of Suttons Bay.

“Tenant” means the person assigned to a slip

Section 2. Rule and Procedure For The Operation of The Waiting List.

2.1The Marina has two waiting lists, with one for vessels up to 24’ and a second list for vessels 24’1” to 34’0”. No vessels larger than 34’0” may be moored in the Marina. Both waiting lists are operated as an annual renewal for which the Village sends out notices. The waiting list fee is due no later than January 31st of each year. If not received by February 1st, a 10% penalty will be assessed. If a renewal is not returned by February 10th the name shall be removed from the waiting list.

2.2
The Village shall establish annually the fee for the waiting list in the Village’s Schedule of Fees.

2.3
The waiting list fee shall not be considered any part of the lease fee if a person obtains a slip lease.

2.4
The intent of the slip renewals is to give each applicant the opportunity to update any information such as mailing addresses, phone numbers or vessel information. All changes and updated information shall be submitted with the annual renewal slip to allow the Village to update its records.

2.5
Any applicant may increase or decrease his vessel size within the range of the list on which they are placed without the risk of losing their position. If the applicant changes his vessel size so that it no longer is in the range of the list on which they are reserved, they forfeit their place on the original list and will be placed at the end of the other list.

2.6
Any applicant may ask to be placed on both lists at their discretion upon paying each annual fee, and shall be entitled to the reservation of their selection at the time a slip becomes available. Upon obtaining a slip lease only the vessel for which they obtained the lease may be kept in the slip. Once a slip is obtained, changing to a different vessel places them at risk of forfeiture of a future slip.

2.7
The Village may reject any application for the waiting list if there has been fraudulent, misleading, or unethical conduct by the applicant, or other similar situations to protect the best interests of the Village.

Section 3. Determination of Selection from the Waiting List.

3.1
Selection from the waiting list for a lease shall be granted to the first person on each list according to slip size availability. This placement shall be based on the vessel information provided by the applicant and shall not be substituted without prior authorization of the Harbormaster.

3.2
The Village will make reasonable attempts to contact the applicant according to the information provided during the annual renewal. It is the applicant’s responsibility to notify the Village of any change in their contact information and the Village is not responsible if the applicant did not update their information.

3.3
The Village will first attempt by telephone to contact the next person with the appropriate size vessel for the available slip to notify them of a slip’s availability. The Village shall leave a message if possible and the applicant then has 48 hours to return the call. If the Village must leave a message, a notice shall be mailed the same day to the person, or an e-mail if possible. The person receiving such mail or e-mail must reply immediately upon receipt of notice.

3.3.1 If the Village is not successful in contacting the first applicant as described upon, the Village will contact the next applicant following the above guidelines, and will continue this process until an applicant has been reached and the slip has been assigned.

3.3.2 An applicant may reject their first slip offer without risking their place on the waiting list. A second rejection of a slip assignment shall mean the applicant is removed from their place on the list and placed at the bottom of the list. The Village is not required to send notice of placing the applicant at the end of their list.

Section 4. Selection of Annual Slip Tenants.

4.1
The Village shall send annual lease renewals to current Tenants.

4.2
Prior-year Tenants shall be given first right of refusal for the coming year’s leases. However, the Village reserves the right to refuse any lease when it is deemed necessary or in the best interest of the Village.
4.3
Full payment of the lease is due to the Village no later than February 15th of each year. Any payments received between February 16thand March 1st are subject to a 10% penalty. Any penalties must be paid in full for the lease to be fully paid.

4.4
Any funds received on or after March 1st shall be returned to the payer and their slip shall be available for lease to another Tenant.

4.5
All vessels shall be identified at the time of lease payment. Proof of identification shall include vessel ownership, size, length, draft, beam, and power or sail. The vessel shall be registered and insured in the name of the Tenant. If the registration or insurance information does not match your application, the application will be returned without being processed.

4.6
The Village shall assign all available slips after March 15th and before March 31st of each year.

4.7
If a Tenant changes to a vessel of a different size, they may risk losing their slip assignment. Tenants who change or will be changing vessels from the prior year shall contact the Harbormaster for prior approval of the vessel. The Village may reject a vessel change in the Marina.

4.8
The Village may, at any time, change any slip assignments deemed in the best interests of the Village.

4.9
Slip leases are specifically for the right to use a slip assignment and the right to use the Marina bathhouse. No other amenities are implied or included except as stated for the Coal Dock section. The Marina is owned and operated by the Village of Suttons Bay on publicly owned land. All other areas are open to the general public at all times. No Tenant shall block or infringe the public’s right to use or access any portion of public land or areas not specifically limited to Tenants.

4.10 Dinghy slip leases are available on a first come, first serve basis each year. Dinghy slips shall be available after January 1st of each season. No leases, applications or payments shall be accepted before January 1st. Prior Tenants do not have any priorityfor dinghy leases.

4.11 No Tenant maysub-lease or rent their slip to any person at any time.

4.12 The Tenant shall be responsible for any property damage, nuisance or violations of this Marina Ordinance, including those caused by their visitor, or invited guest.

Section 5. Marina Season.

5.1
The Village marina season begins May 15th and ends October 31st of each year. The Marina bathhouse and restrooms, water service, electric, pump outs or gas pumps might not be open or functional prior to this date.

5.2
Vessels may be placed in the Marina between April 15th and May 15 only with the expressed permission of the Harbormaster and only after the Tenant has provided updated copies of vessel registration and proof of insurance to the Village for the Harbormaster’s review and approval.

5.3
All vessels and personal equipment shall be removed from the Marina and public lands no later than November 15th.

5.4
If any vessel remains in the Marina after November 15th, the owner shall be charged twice the established daily rate.

5.5
If any vessel remains in the Marina after November 30th, it shall be removed from the Marina and impounded by the Village. The Tenant shall be responsible for one and one-half times the costs incurred by the Village for the removal and impound of the vessel. The impound fees shall be established in the Village’s Schedule of Fees.

5.6
The Village or company removing any vessel from the Marina shall not be liable for damages to any vessel which was removed from the Marina as provided in this Ordinance.

Section 6. Hours of Operation.

6.1
Unless otherwise specified the Marina’s hours of operation shall be:
May 15 through June 23: 8:00 a.m. to 6:00 p.m.
June 24 through September 5:8:00 a.m. to 8:00 p.m.
September 6 through October 15:8:00 a.m. to 6:00 p.m.
After October 15: by Appointment

6.2
If there is an emergency after the posted hours, all calls shall be placed to 9-1-1.

Section 7. General Provisions.

7.1
It is the responsibility of every Marina user, Tenant, or transient user to know and comply with this Ordinance. The Village shall supply each current and new Tenant with a copy of this Ordinance at the time it is adopted, or at the time a Tenant is offered a seasonal slip. A copy of this Ordinance shall be made available on the Village’s website and shall be posted at the Harbormaster’s office in plain view for all transient users to review. This Ordinance shall supersede any and all prior rules or regulations. All Tenant’s shall comply with this Ordinance and at the time they accept a seasonal, day use, or transient rental, affirm they will comply with the Ordinance by paying the Marina slip annual lease, day rental or transient fee.

7.2
Slip Holders shall notify the Harbormaster if leaving the slip for 24 hours or longer. Slips vacated for 24 hours or longer may be rented at the discretion of the harbormaster. In the event of extended absences from the slip, the slip holder may have to use an alternative (assigned slip up to 3 days) until his or her slip is available.

7.3
The Marina is a no wake zone with a maximum speed of 5 nautical mph.
7.4
All slip users shall supply their own bumpers.

7.5.
All Tenants shall immediately report any damage or deficiencies to a Marina employee.

7.6
Tenant may place one enclosed storage box near the entrance to their dock, in which personal effects may be stored. Other than those objects stored in the box or on the boat, Tenant shall not keep any personal effects on the premises. If Tenant uses such a storage box, it must be removed no later than November 15, or the box and its contents will be deemed abandoned, and Owner may, without further notice, dispose of the box and any contents in the manner it deems appropriate, without any liability to Tenant whatsoever.

7.7
No open flames or cooking shall be permitted within 100 feet of the gas storage tank, unless it is on a vessel specifically designed with below deck kitchen facilities.

7.8
Tenants shall keep pets on a leash at all times while on land and shall not permit the pet to run at-large. The Tenant is responsible for clean up of their pet and disposal of droppings in approved waste containers.

7.9
It is unlawful for any slip holder to turn-off, dismantle, or damage lighting in or around the Marina.

7.10
Tenant may have only the registered vessel in the slip. Tenant may keep a dinghy in the slip, provided the dingy is tied to or placed on the vessel, and does not protrude into any other slip or beyond the dock. For purposes of this Agreement, a “dinghy” is a human powered or outboard powered watercraft, less than 12’ in length, which is designed to carry people from their vessel to a dock or to shore. No dinghy may be kept in a slip unless the registered vessel is also in the slip. Any motorized dinghy must also be registered with Owner, who must also provide the insurance and registration information required for a Vessel, and the dinghy must be registered and insured in the name of Tenant.

7.11
Minor maintenance and repairs are permissible in the slips. Exterior painting, varnishing or restoration work shall not be done with the vessel in the slip; all major work shall only be done on dry docked vessels.

7.12
No swimming is permitted in the main marina basin, off the marina pier, off the coal dock pier, or off the Inland Seas pier.

7.13
If any vessel has a gas or oil leak, the owner is responsible for the immediate containment of the leak. If any vessel is found with a gas or oil leak it shall be immediately removed from the Marina by its owner. If the vessel’s owner can not be immediately located the Village may remove the vessel without the owner’s prior consent. The owner shall be responsible to the Village for all cost of removal of the vessel and/or the clean-up cost. The Village shall not be responsible for damage to the vessel in the event of such removal.

7.14
The Tenant is responsible for ensuring their vessel is in proper working order and afloat. The Tenant is responsible for any vessel that may be in danger of sinking and shall immediately remove the vessel from the Marina. The Village may immediately remove any such vessel from the Marina without the owner’s prior consent. The owner shall be responsible to the Village for all cost of removal of the vessel and/or any clean-up cost. The Village shall not be responsible for damage to the vessel in the event of emergency removal.

7.15
The Village Parks are open to the general public from 7:00am until 10:00pm. The Tenants shall comply with the rules and regulations regarding noise and nuisances as provided in the park Ordinance. No Tenant shall play audio devices at level that disturbs adjacent boaters. No Tenant shall permit their pet to bark in a manner causing a nuisance to adjacent slip holders.

7.16
No Overnight camping is allowed other than on boats.

7.17
No fireworks are permitted in the Marina at any time.

Section 8. Transient rentals and Day use.

8.1
Transient rentals and Day use rentals are on a first come, first serve basis. The Marina does not accept prior reservations.

8.2
All transient and day-use boaters must immediately report to the Harbor Hut, complete the required form and make payment upon arrival. All transient boaters are required to pay in advance for one night at the time of arrival. The Village requires all transient renters to provide their credit card number at the time of registration and shall bill the card for all unpaid balances.

8.3
Transients who arrive after business hours shall complete the registration form available at the Harbor Hut upon arrival and shall include the slip number and slip where they have docked. The transient shall confirm the slip they entered is open to transient boaters on the map located at the Harbor Hut. A transient shall not fill any slip not assigned or designated as a transient slip unless designated to do so by Marina staff.

8.4
Transients understand the slip they arrived at after hours may not be available for rent and the Village may, if a slip is available, move the transient to another slip.

8.5
Transients shall immediately remove their vessel from a slip which is not available for rent.

8.6
Transient boaters may stay at the Marina as space permits for a maximum of two weeks and shall be charged full day rate fees for the full time they are in the Marina.

8.7
Transient check-out is 12:00pm. Transients who remain in the Marina after 12:00pm shall be charged an additional day.

Section 9. Enforcement.

9.1
The Harbormaster and any police officer are hereby designated as the officials authorized to issue municipal civil infraction citations directing alleged violators of this Ordinance to appear in court.

9.2
The Harbormaster may enforce any provision of this Ordinance up to and including eviction of any Tenant, transient or day user.

9.3
Any person who does not remove themselves from the Marina as ordered by the Harbormaster is guilty of misdemeanor trespassing.

Section 10. Violations and Penalties.

10.1
Any person who violates any provision of this Ordinance, except Section 9.3, shall be responsible for a municipal civil infraction as defined in Public Act 12 of 1994, amending Public Act 236 of 1961, being Sections 600.101-600.9939 of Michigan Compiled Laws, and shall be subject to the following fines:
a. For a first offense, the offender shall pay a fine of $100.00.
b. For a second offense within two years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of $250.00 Dollars.
c. For a third or subsequent offense within two (2) years of the date on which the person was found responsible for the first violation, the offender shall pay a fine of $500.00 Dollars.

10.2
Any person who knowingly violates Section 9.3 of this Ordinance shall be guilty of a misdemeanor punishable by a fine of not more than $500.00 and/or by imprisonment in the county jail for not more than 90 days.

10.3
Each day this Ordinance is violated shall be considered a separate violation.

Section 11. Nuisance Per Se.
A violation of this Ordinance is hereby declared to be a nuisance per se and is declared to be offensive to the public health, safety and welfare.

Section 12. Separate Court Action.
In addition to enforcing this Ordinance through the use of a municipal civil infraction proceeding or a criminal prosecution, the Village may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this Ordinance.

Section 13. Validity.
If any section, provision or clause of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any remaining portions or application of this Ordinance, which can be given effect without the invalid portion or application.

Section 14. Effective Date.
This Ordinance shall become effective 30 days after being published in a newspaper of general circulation within the Village.
Approved: ____________________
Publication Date: _______________
Effective: _____________________
______________________________
____________________________
Larry Mawby, Village President
Dorothy Petroskey, Village Clerk