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HomeMy WebLinkAboutORD.3768.12-18-2006BILL NO. 06-250 ORDINANCE NO. 3� AN ORDINANCE ADOPTING A NEW CHAPTER 31 OF THE CITY CODE RELATING TO BOATING AND DOCKING REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby added a new Chapter 31 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Boating and Docking Regulations" in words and figures to read as follows: ARTICLE I. BOATING Section 31-1. Definitions. The following words, terms, and phrases, when used in this Chapter shall have meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Boat means any ship, boat, barge, vessel, steamboat, or any watercraft, including sea planes when not airborne in or upon, or docked or moored at any place in any waterway within the boundaries of the city. Director means the Director of the Parks and Recreation Department for the City of Cape Girardeau, Missouri, as established by Section 2-49 of the City Code, or his designee. Riverfront means that portion of land bordered on the west by the existing tracks of the Burlington Northern and Sante Fe Railroad, and on the east by the west bank of the Mississippi River extending from River Mile 51.7 to River Mile 52.8, in the City of Cape Girardeau, Missouri, and being that area approximately bounded on the south by the south line of the Southeast Missouri State University River 1 Campus, and on the north by the north bank of the mouth of Sloan Creek. Steamboat means the Mississippi Queen, Delta Queen, River Explorer or any extended -excursion passenger vessel of similar purpose, size and capacity. Waterway means any waters, waterway, lake, river, river tributary, canal, lagoon, or connecting waters within the boundaries of the City, including the river front area. Section 31-2. Compliance with other laws. No person shall operate a boat on or in any waterway unless properly licensed as required by applicable state and federal laws and regulations. Section 31-3. Coast guard regulations. No person shall operate a boat which does not meet all applicable equipment requirements of the United States Coast Guard regulations. Section 31-4. Mooring at private docks without permission. No person shall moor a boat to a seawall, dock, or beach, if upon private property, without the permission of the owner thereof. Section 31-5. Cleanliness of docks. Persons in charge of or occupying boats shall at all times keep the docks, seawalls and premises adjacent to such watercraft in a neat and orderly manner and free from trash, rubbish, repair parts, machinery, equipment and debris of all kinds. ARTICLE II. Docking and mooring regulations. Section 31-6. Supervision of the riverfront area. The riverfront area shall be under the supervision and direction of the Director of the Parks and Recreation Department, and the use thereof shall be governed by the provisions of this Code and all other Ordinances of the City of Cape Girardeau, Missouri. 2 V Section 31-7. Riverfront area - mooring permit required. No boat, vessel, barge or watercraft of any kind whatsoever, except steamboats and vessels of federal or state agencies, shall land at or occupy any part of the riverfront area for longer than twenty-four (24) consecutive hours without obtaining a mooring permit, and should any such boat, vessel, barge or watercraft so land at or occupy any part of the riverfront area, the person in charge thereof shall immediately, on verbal or written notice to do so by the Director, remove the same, and, on failure to do so, every such person shall, on conviction thereof, be punished as provided in Section 1-8 of the City Code. Section 31-8. Mooring permit issuance. (a) A boat owner requesting a mooring permit shall complete and submit a "City of Cape Girardeau Mooring Permit Application" which shall be dated, signed and filed with the Parks and Recreation Department. The applicant shall also provide proof of liability insurance coverage for such boat and its operators in the minimum amount of Three Hundred Thousand Dollars ($300,000.00) as part of the application. The Director of the Parks and Recreation Department shall act upon the application within a period of five (5) working days from receipt, unless review by the U. S. Army Corps of Engineers or the U. S. Coast Guard is required. The Director shall not discriminate against any applicant on the basis of residency, race, religion, sex, age, disability, or other illegal distinction. (b) Mooring permit considerations. The determination as to whether a mooring permit will be issued shall be made at the sole discretion of the Director. In making that decision, the Director shall attempt to maximize public safety and enjoyment of the riverfront area and to enhance the natural aesthetic beauty of the riverfront area, and in furtherance thereof, shall consider, but shall not be limited to, one or more of the following factors: 3 (1) Chronological order in which mooring permit requests were received. (2) Number of boats currently moored in the area. (3) Physical characteristics of the boat (e.g. size, type and physical condition) (4) Presence on the boat of all required lighting, markings and identification. (5) Availability of, and proximity to, parking or lawful access. (6) Potential for impact on navigation. (7) Potential for impact on any natural resource. (8) Purpose of boat use (e.g. commercial or recreational) (9) Length of stay. (10) Scheduling requirements. (11) Provision for sewage and trash disposal. (12) Availability of connections to water, electricity or other utilities. (13) Ability of mooring or docking facilities to adequately handle the boat without damaging such facilities. (14) obtaining all other applicable permits required by the U. S. Army Corps of Engineers and the U. S. Coast Guard. (c) Mooring permit. The Director shall issue the mooring permit containing the location of the boat, the owner's name, telephone number, home and business address, date(s) of mooring, size and type of boat and a list of any conditions imposed by the Director on the issuance of the mooring permit. The boat owner shall at all times during which the boat is moored at the riverfront area post a copy of said permit on the 4 boat in a readily observable location. The Director shall keep detailed records of all mooring permits issued pursuant to this section. A mooring permit is not transferable. However, the Director may approve the transfer of a mooring permit to a person within the immediate family of the permittee. Section 31-9. Damaging or obstructing riverfront or docking facilities. No person shall deface or in any manner damage any post, ring or other appurtenance to the public land or riverfront area, or do or cause to be done any act tending in any manner to obstruct or damage the public landing or riverfront area by depositing in the water or on the shore any filth, rubbish, earth or any other articles or things whatsoever. Such person shall pay all expenses of repairing or replacing the thing damaged, and of removing all obstructions deposited as aforesaid. If such person shall fail when requested by the Director to repair or replace the thing damaged, or to remove such obstructions, the Director shall make all such repairs or replacements, or shall remove such obstructions to a place he shall deem appropriate at the expense of the person causing such damage or obstruction. Section 31-10. Removal of boats in violation of this chapter; obstructing. If any boat, vessel, barge or watercraft of any kind whatsoever, except steamboats and vessels of federal or state agencies, shall land at or occupy any part of the public landings contrary to the provisions of this Chapter, it shall be the duty of the Director, in addition to other remedies pointed out in this chapter, to proceed at once to remove any such boat, barge, or watercraft to such place as the Director shall deem appropriate. All moving and storage expenses shall be paid by the owner. No person shall obstruct or resist the Director, or any person employed by him, in the removal of any such boat, or in the discharge of any other official duty of the Director. 9 0 Section 31-11. Boats without apparent custodian. If no master, owner, or agent shall appear and take charge of any boat or watercraft lying at any of the public landings or in the riverfront area, the Director shall take charge thereof; and if, in his opinion, the public convenience or the safety of the boat or watercraft requires it, he shall cause the same to be removed to such place as he shall deem advisable, at the expense of the owner. Section 31-12. Custody of boats until fines paid; disposition of boats with unpaid charges. (a) All boats and watercraft shall be retained in the custody of the Director until all fines, forfeitures and charges mentioned in this Chapter shall be paid by the owner, or person having charge thereof. If such fines, forfeitures and charges are not paid within twenty-four (24) hours, the Director may sell every such boat or watercraft at public auction to the highest bidder for cash, first having given at least ten (10) days previous notice of the time and place of such sale, by posting notices of the same in three (3) public places in the city. (b) The proceeds of every such sale, after deducting all fines, forfeitures, costs, charges and costs of sale, shall be paid by the Director into the city treasury, and such proceeds shall be paid by the finance director to any person authorized to receive the same, on the presentment of any order signed by the city manager, provided that the same shall be claimed within twelve (12) months after such sale. Section 31-13. Record of money received; report to and deposit with city finance director. The Director shall enter in a book kept for that purpose all money received by virtue of this Chapter, the names of persons or boats from whom the same is received, the specific amount from each and for what so received, and shall account for the same as part of the annual city budget process. The amount accruing to the city shall immediately be paid into the city treasury by the Director and the Finance Director's receipt therefor will be filed with the City Clerk. All money received by virtue of this Chapter shall be used only for maintenance or improvements to the riverfront area. Section 31-14. Charges, fines and expense to constitute a lien. For all proper charges, fines and forfeitures, and costs and expenses incurred by the Director in removing and taking care of any boat, vessel, watercraft, or other property by virtue of this Chapter, a lien is hereby created against any such boat, vessel, watercraft or other property, and no alienation or transfer of the same shall affect such lien. Section 31-15. Citations. (a) Any police or parking enforcement officer of the city is authorized to place a citation as securely as is practical, alleging a violation of any section set forth in this Chapter, upon any boat or watercraft docked, moored or otherwise in violation of this chapter. (b) Such citation shall be a notice of a claim of violation stated on the citation and shall contain the following information: (1) The subsection of this Chapter for which a claim of violation is made. (2) The date, location, and approximate time of the violation. (3) A brief description of the boat or watercraft docked, moored or otherwise in violation of the applicable subsection to this Chapter, including the registration number, if available. Section 31-16. Appeal of director's decision. Any mooring permit holder or applicant for a mooring permit aggrieved by a decision of the Director, or by any condition or restriction imposed relative to such mooring or such mooring permit application, may appeal that decision in writing to the Parks and Recreation 7 Advisory Board established pursuant to Chapter 18 of the Code of Ordinances of the City of Cape Girardeau. In that hearing, the Parks and Recreation Advisory Board shall decide whether the decision of the Director is reasonable and just in the circumstances, and if it is, it shall be upheld. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS � DAY OF 20_M. Jay Knudtson, Mayor E:3