Subd. 1. Definitions. For the purpose of this subsection, the following definitions apply unless the context clearly indicates or requires a different meaning.
Dock. Any wharf, pier, boat ramp, boat slip, or other structure constructed or maintained in, upon, or into the water of a lake from either public property or public rights-of-way.
Dock Accessories. All structures and materials used in conjunction with a dock, including, but not limited to, boat lifts, buoys, fences, or other obstructions and permanent or semi-permanent steps, ramps, or other structures leading to the shoreline.
Dock Site. The property designated in the license issued pursuant to this section and as designated on the dock location map to be maintained by the city.
Public Property or Public Rights-of-Way. All publicly owned property and all public rights-of-way that are immediately adjacent to a lakeshore, as designated on the dock location map to be maintained at all times by the city pursuant to this section.
Subd. 2. License Required. No person shall erect, place, keep, or maintain a dock or other structure from public property or public rights-of-way without a dock license.
Subd. 3. Applications.
1. Applications for dock licenses shall contain the following information and such other information as the Council deems necessary:
a. Full name of applicant;
b. Address;
c. Preferred dock location on the dock location map and dock specifications; and
d. Boat license number of any boats to be moored at the dock.
2. An application fee shall be set by the City Council and shall be paid with the application. The application fee shall be refunded if the applicant is not awarded a dock license.
Subd. 4. Eligible Applicants. All owners of property within the city whose primary residence parcel is located within 750 feet of any dock site are eligible to apply for a dock license for said site or sites. Only one individual per household may apply for a dock license and only one license shall be issued per parcel.
Subd. 5. Shared Docks. All parties that have an existing shared dock license may renew the license. The dock site license agreement must be signed by each of the property owners. In the event that one of the parties fails to renew or otherwise abandons the dock license, the remaining licensee shall have the opportunity to assume the license for that dock site.
Subd. 6. Application Approval and Denial. The Dock Administrator shall approve or deny all applications. No application shall be approved if there are any outstanding non-compliance orders against the applicant or if the proposed dock will not comply with all terms of the City Code.
1. Vacant Dock Sites. A vacant dock site shall be awarded according to the following rules.
a. First Priority. Dock site applicants who own property closest to the dock site shall have first priority for a vacant dock site, except as provided in the next section. In case of a tie based upon distance, the license shall be awarded by lottery.
b. Not Eligible. Property owners who declined to participate in the city’s dock area vacation proceedings shall not be eligible for dock licenses at any location.
2. License Renewals. Dock license applicants who are applying to renew an existing dock license for another one-year term shall have priority over all other applicants.
3. Waiting List. The city shall maintain a waiting list for dock licenses. Applicants will fill the waiting list according to an initial lottery and after that, in the order they submit applications. In the event that a current license holder does not renew their license, the dock license site does not become vacant until each individual on the waiting list has had an opportunity to obtain a license for that site. The Council shall adopt by resolution procedures for conducting the lottery and administering the waiting list.
Subd. 7. Terms of License. Before a dock license is issued, the applicant must sign a license agreement containing the following terms and conditions and other provisions as the Council may require.
1. Rights and Liabilities. Except as otherwise provided, a city dock license entitles the license holder to the exclusive use and control of the dock site and the same rights, obligations, and liabilities as a private property owner. In addition to the provisions of this section, all dock license sites shall fully comply with Sections 1004.03 and 1005.01 of this Code and all applicable state laws and regulations
2. Indemnification. Dock license holders shall be solely responsible for the dock license site and all activities thereon. The license holder shall indemnify, defend, and hold the city, its officers, boards, commissions, agents, and employees harmless from and against any and all lawsuits, claims, causes of action, liability, and costs, of any nature that the city may at any time, directly or indirectly, suffer, sustain in any way connected with the grant of a dock license or activities on the dock license site.
3. Docks. The license holder shall maintain only one dock at the dock license site.
4. License Plates. Dock license plates shall be issued by the city after approval of the license application. The license plate must be securely fixed to the shoreland end of the licensed dock. License plates shall be maintained by the licensee and shall remain the property of the city.
5. Transferability. Dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership, or corporation, except that the license may be transferred to a purchaser of the license holder’s residential property within the city.
6. Removal of Docks. Upon termination of a dock license, the license holder must completely remove the licensed dock and all accessory items, including, but not limited to, stairs leading to the dock from the public property or public right-of-way. Any dock or accessory item that has not been removed will be removed by the city and all costs the responsibility of the last license holder for that dock site.
7. Dock Construction; Specifications and Dimensions.
a. Docks on dock sites shall comply with the following regulations.
i. Docks shall not be less than 24 inches wide or more than 28 inches wide.
ii. Docks shall not be less than ten feet long or more than 24 feet long, unless otherwise approved by the Dock Inspector.
iii. Docks shall be constructed of materials approved by the Dock Inspector; docks shall be of plank or rail construction; and all dock posts shall be of equal height above the dock.
iv. Docks shall not be located closer than ten feet to a neighboring dock license site or private property line.
b. The City Council may grant exceptions where there are unusual circumstances and such an exception will not have a detrimental impact on the lake. The City Council may impose conditions on any exception granted under this subsection.
8. Dock Accessories. All dock accessories must be approved in writing prior to use at a dock site. Dock accessories must comply with Section 1004.03 of the City Code.
9. Dock Storage. Docks must be removed from the water no later than November 1. Licensed docks may be stored on public land or public rights-of-way, provided the following conditions are met:
a. Storage is at least five feet from the city sidewalk;
b. Storage does not conflict within the following uses as shown on the dock map: slide area, snowmobile crossings, skating rinks, trails, and road access; and
c. Storage is not on those areas shown on the dock location map as having topographical conditions that are too steep, or have fragile flora, or where tree damage may occur.
10. Watercraft. Only properly licensed watercraft may be moored at a licensed dock. No watercraft may be landed, beached, or otherwise anchored or tied to the shore within a dock site.
11. Subject to Inspections. All licensed docks are subject to inspection at reasonable times by the Dock Inspector or his or her designee.
12. City Access. The city shall be free to enter the dock site for any reason at any reasonable time and to perform maintenance and regulatory functions to be specified in the terms of the dock license agreement.
13. Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder.
14. Term. All dock licenses shall be valid for three years.
Subd. 8. Administration.
1. Dock Administrator. The City Council shall appoint a Dock Administrator, who shall be responsible for the administration of the city dock licensing program to include: processing applications and maintaining the dock location map.
2. Dock Inspector. The Dock Administrator shall appoint a Dock Inspector, who shall be responsible for inspecting all public shoreline and public rights-of-way. The Dock Inspector shall report to the Dock Administrator for all dock site related items.
3. Dock Location Map. There shall be on file with the city a map maintained by the Dock Administrator showing the approved locations of docks on public land and public rights-of-way. The map shall be reviewed annually. The map shall contain the following information:
a. Locations of public property and public rights-of-way;
b. Specific dock locations;
c. A numerical designation for each dock location to correspond with a list or license holders;
d. Restrictions applicable to certain areas of shoreline;
e. Shoreline access points; and
f. Shoreline areas available for winter storage.
4. Inspections; License Revocation. The Dock Inspector or designee shall from time to time inspect any dock erected or maintained on public property or public rights-of-way. If there are any violations of the City Code, state statute, or state regulation, the dock license holder shall be notified in writing of the way or ways the dock or dock area does not comply. The license holder shall have 14 days to remove the dock or otherwise bring the dock license site into compliance. If the violation is not corrected after 14 days, the license shall be revoked and all property removed from the dock license site unless, within the 14 days, the Dock Administrator receives from the license holder a written request for a hearing.