\n\tThe ordinance and rules and regulations of the harbor area and boat launches are to promote safe and proper use of the City's facilities and to protect the best interest of our natural resource, its users and the City.<\/span><\/p>\n \n\tSec. 74-21. – Definitions.<\/strong><\/span><\/p>\n \n\tThe singular includes the plural and vice versa.<\/span><\/p>\n \n\t(Amd. of 4-22-2008, §§ 12.350, 12.351(1)A.—K.)<\/span><\/p>\n \n\tEditor's note— Amendment of April 22, 2008, § 12.350, repealed § 74-21 in its entirety. Section 12.351(1)A.—K. enacted new provisions to read as herein set out. Prior to amendment, § 74-21 pertained to similar subject matter and derived from Comp. Ords. 1986, § 12-351.<\/span><\/p>\n \n\tSec. 74-22. – Violations.<\/strong><\/span><\/p>\n \n\t(a) Persons who violate any of the provisions of this article are responsible for a municipal civil infraction.<\/span><\/p>\n \n\t(b) In addition, if any such vehicle, trailer, or boat is parked in violation of this article for more than 48 continuous hours, the city may immediately remove such vehicle, trailer, or boat and impound the same, and thereafter process such impounded vehicle, trailer, or boat in accordance with the provisions of law or the Uniform Traffic Code, as adopted by the city.<\/span><\/p>\n \n\t(c) In any proceeding for a violation of this article, proof that the particular vehicle, trailer, or boat described in the complaint was parked in violation of this article, together with proof that the respondent named in the complaint was, at the time of such parking, the registered owner of such vehicle, trailer or boat, shall constitute in evidence a presumption that the registered owner thereof was the person who parked or placed such vehicle, trailer, or boat at the point where, and for the time during which, such violation occurred.<\/span><\/p>\n \n\tSec. 74-23. – Powers and duties of the harbormaster.<\/strong><\/span><\/p>\n \n\t(a) The harbormaster or his\/her designee, under the direction of the city manager or his\/her designee, shall have full supervision and control over the movements and anchorage of all vessels within the corporate limits and jurisdiction of the city, subject to the laws of the United States in relation thereto.<\/span><\/p>\n \n\t(b) The harbormaster shall have the power, whenever the needs of navigation and the rights and safety of persons and property require, to order the moving or change of anchorage or docking of any vessel within said waters; and any person or persons who shall refuse, fail or neglect to comply with such order shall be deemed guilty of a municipal civil infraction and be punishable under the provisions of Ordinance No. A-73.<\/span><\/p>\n \n\t(c) The harbormaster shall have supervision and control of all municipal docks and piers, marine facilities, and launch ramps subject to the provisions of this article and the city marine regulations adopted by the city commission.<\/span><\/p>\n \n\t(d) The harbormaster shall have power to and it shall be his duty to seize and remove any vessel moored at any municipal pier, wharf, dock, or area contrary to the city marine regulations or contrary to any order of the harbormaster or other authorized officials of the city. The harbormaster shall cause said vessel to be placed in storage under his control, and the vessel shall not be released until the expense and charges for moving, docking and\/or storage are paid, to the harbormaster by the owner or persons lawfully in charge of said vessel.<\/span><\/p>\n \n\t(e) It shall be his duty to make prompt complaint to the local authorities for any violation of the provisions of this article and aid in the prosecution thereof.<\/span><\/p>\n \n\t(Amd. of 4-22-2008, § 12.354(4))<\/span><\/p>\n \n\tEditor's note— Amendment of April 22, 2008, § 12.354(4), repealed § 74-23 in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 74-21 pertained to harbormaster powers and duties and derived from Comp. Ords. 1986, § 12-354.<\/span><\/p>\n \n\tSec. 74-24. – City police.<\/strong><\/span><\/p>\n \n\tIt shall be the duty of all police officers of the city to aid and assist the harbormaster in the enforcement of the provisions of this article; and such police officers shall, during the absence or inability of the harbormaster, or when so instructed by the city manager, enforce the provisions of this article with like powers and authority as are therein conferred upon the harbormaster.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.355; Amd. of 4-22-2008, § 12.355(5))<\/span><\/p>\n \n\tSec. 74-25. – Rules and regulations<\/a>.<\/strong><\/span><\/p>\n \n\tThe city commission may, by resolution, adopt suitable rules and regulations for the control, management and operation of all municipal docks and piers, and launch ramps, including the fixing of rates and charges for the use of the marine facilities thereof, the purposes for which the marine facilities may be used, and the duration of such use, and the kind and location of all signs, posters or notices to be placed regulating use, not inconsistent with the provisions of this article and the laws of the State of Michigan and of the United States. Copies of the then current rules and regulations governing the Boyne City Harbor, launch ramps, and related facilities with current fees shall be kept in the office of the city clerk, harbormaster and the marina.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.356; Amd. of 4-22-2008, §§ 12.352(2), 12.356(6); Res. of 4-22-2008, § I)<\/span><\/p>\n \n\tSec. 74-26. – Vessel speed limits.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to navigate or operate, or cause to be navigated or operated, in the city harbor any vessel at a speed greater than a slow\/no wake speed, nor at a greater rate of speed than is safe and reasonable under the then existing conditions and circumstances.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(A); Amd. of 4-22-2008, §§ 12.357(7)A.)<\/span><\/p>\n \n\tState law reference— Reckless operation of vessels, MCL 324.80147.<\/span><\/p>\n \n\tSec. 74-27. – Littering.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to deposit or discharge, or cause to be deposited or discharged in the waters of the city harbor, or in any waters within the corporate limits of the city, any rubbish, garbage, refuse, offal, sewage, oil or any other foreign material or substance, or to place, deposit or leave, or cause to be placed deposited or left, any such foreign material or substance upon any municipal dock or pier, launch ramp, marine facility, or swimming area in the city limits, except in a receptacle provided by the city or its harbormaster for that purpose.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(B); Amd. of 4-22-2008, §§ 12.357(7)B.)<\/span><\/p>\n \n\tState law reference— Littering, MCL 324.8901.<\/span><\/p>\n \n\tSec. 74-28. – Unloading, loading and refueling vessels.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to use any municipal pier, dock or wharf for the purpose of unloading or loading freight, machinery or other cargo, or for refueling any vessel, except such docks, piers or wharfs as are specially designated for such use and purposes; provided that the required permit is first obtained from the proper officials of the city and the city marine regulations, the orders of the harbormaster, or other authorized officers of the city are complied with; provided further, that this provision shall not apply to vessel supplies or provisions other than fuel.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(C); Amd. of 4-22-2008, §§ 12.357(7)C.)<\/span><\/p>\n \n\tSec. 74-29. – Docking or mooring vessels engaged in commercial business.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to use or occupy any municipal dock or pier or swimming area for docking or mooring any vessel engaged in commercial business or other business for gain or profit, or for the storage of any such vessel or cargo or other material other than as may be permitted by city marine regulations; except those docks, piers or wharfs which are specially designated for such use and purposes, provided that the permit therefore is first obtained from the officials of the city, the city marine regulations and the orders of the harbormaster or other authorized city officials are complied with.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(D); Amd. of 4-22-2008, §§ 12.357(7)D.)<\/span><\/p>\n \n\tSec. 74-30. – Anchoring or storing vessels.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to use any municipal dock, pier, swimming area or wharf for mooring, docking, anchoring or storing any vessel for a longer period of time than is permitted, or in any other manner contrary to the city marine regulations, adopted and published by the city commission of said city pursuant to the provisions of this article, or to moor, dock or store any vessel without a license or permit, issued under the provisions of this article or said city marine regulations.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(E); Amd. of 4-22-2008, §§ 12.357(7)E.)<\/span><\/p>\n \n\tSec. 74-31. – Disturbing official signs, posters or notices.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to destroy, mutilate, molest, remove, change the location of, or in any manner interfere with any official sign, poster or other notice of regulatory device placed upon or adjacent to any municipal dock, wharf, pier, swimming area, launch ramp, or marine facility.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(F); Amd. of 4-22-2008, §§ 12.357(7)F.)<\/span><\/p>\n \n\tSec. 74-32. – Landing or docking vessels near swimming areas.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to land or dock any vessel at any swimming area or to anchor any vessel within 100 feet of such area.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(G); Amd. of 4-22-2008, §§ 12.357(7)G.)<\/span><\/p>\n \n\tSec. 74-33. – Speeding near swimming areas.<\/strong><\/span><\/p>\n \n\tIt shall be unlawful for any person to navigate or operate any vessel in the harbor area or near any swimming area in such a manner or at a rate of speed so as to endanger the lives or safety of persons using such swimming area, or in such a manner as to interfere with the free and proper use of the swimming area and waters.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(H); Amd. of 4-22-2008, §§ 12.357(7)H.)<\/span><\/p>\n \n\tSec. 74-34. – Swimming, bathing and diving.<\/strong><\/span><\/p>\n \n\tSwimming, bathing, and diving shall be prohibited in the city harbor and at city launch ramps.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(I); Amd. of 4-22-2008, §§ 12.357(7)I.)<\/span><\/p>\n \n\tSec. 74-35. – Fishing prohibited.<\/strong><\/span><\/p>\n \n\tFishing shall be prohibited from all docks, piers and finger piers within the city harbor. Fishing shall be permitted from the shoppers dock near the mouth of the river and from the northwesterly point of land north of the city harbor from the location of the floating breakwall to the west and north.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(J))<\/span><\/p>\n \n\tSec. 74-36. – Official permit and berth assignment required.<\/strong><\/span><\/p>\n \n\tNo person shall moor a vessel at a city dock without first obtaining an official permit and berth assignment from the harbormaster, assistant harbormaster or marina attendant. A fee shall be charged from May 15 through October 15 each year for dockage and services of water, waste disposal, electricity and garbage collection. The day period in the permit shall extend from 1:00 p.m. to noon and the permit shall reserve the berth for the vessel for the duration of the permit. Fees will be charged according to rates set annually by the state waterways commission and adopted annually by the city commission. Fees are based on the length of the vessel and include the entire length of the vessel and any extensions protruding from the bow or stern of the vessel.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(K); Res. of 4-22-2008, § I)<\/span><\/p>\n \n\tSec. 74-37. – Specific berth assignment to be followed.<\/strong><\/span><\/p>\n \n\tNo person shall moor a vessel in the berth other than that assigned to the vessel.<\/span><\/p>\n \n\t(Comp. Ords. 1986, § 12.352(L))<\/span><\/p>\n \n\tSec. 74-38. – Observance of signs.<\/strong><\/span><\/p>\n \n\tEvery person shall observe, heed and obey all signs, posters and notices placed by lawful authority upon or adjacent to any municipal pier, swimming area, marine facility, launch ramp, or revetment for the regulation and control of navigation and for the regulation and control of said facilities.<\/span><\/p>\nHarbor Area\/Marine Odinance<\/h3>\n
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