(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Any kind of personal property the owner of which cannot be found after a reasonable effort is made by the city. The term also means any kind of personal property the owner of which is or becomes known, and who, after receiving written notice to remove it within a reasonable time, refuses to remove it or does not remove it within the time stated.
CITY ADMINISTRATOR. The person appointed by the City Council to act as City Administrator or his or her designated representative.
CITY LAND. Land owned, possessed or controlled by the city. Land which the city has licensed to another party. Land on which the city has an easement.
FAMILY UNIT. A single person, a single person with children living at home, a married couple or a married couple with children living at home.
LAKE. Those waters within the corporate limits of the city constituting its lakes and wetlands.
RUBBISH. Any waste material, refuse, garbage, human excrement or matter that appears to be discarded.
SANITARY FACILITY. As per state regulations.
STRUCTURE.
(a) A boathouse, boat garage or similar shelter:
1. Built for use or used on the water;
2. Without motive power to propel it on, in or through the water; and
3. Used for storage of boats and/or personal property and/or human habitation.
(b) The term also includes a boat slip, buildings, trailers or any object or material used to shelter a person or the personal property of a person and which is placed on land or water in the same location for a period longer than 24 consecutive hours. A STRUCTURE is not:
1. A boat, except when it is moored to land for over 24 consecutive hours;
2. A fishing shack or house placed on natural ice over water; or
3. Something erected by the city, the state, the United States of America or a public utility.
(B) General regulations for lake and water areas. No person shall moor to or tie to or place on lake water areas any structure unless licensed to do so by the city or unless the use is permitted by special agreement between the city and the user.
(1) No person shall moor to or tie to or place on any land in the lake water area any structure or boat which will interfere with navigation on the waters or which will unreasonably expose any person to danger or be contrary to the laws of the United States of America, the state or the ordinances contained in this code of ordinances.
(2) No person shall throw, drop, deposit, bury or leave any rubbish in the water or on or in the land.
(3) No person shall fail to keep a structure securely fastened to the land. The structure shall be so fastened that it will float freely at any time, except when frozen into the ice and will be so fastened that it can be detached without destruction of its parts.
(4) No person shall abandon personal property in the lake water area. If property is so abandoned, the City Administrator may dispose of it as is seen fit, may charge the costs incurred to the person who abandoned it and may cause suit to be brought against the person for the recovery of the costs. Money received by the city on disposal in excess of the costs of removal shall be held by the city. If no claim is made of the monies within one year after receipt, the same shall become the property of the city and shall be placed in its General Fund.
(5) No person licensed to occupy a space shall move from that space without first notifying the City Administrator.
(6) No person shall have more than one neat firewood pile.
(7) No person shall occupy or use a structure for human habitation unless it is equipped with a sanitary facility.
(C) Special regulations for licensed areas.
(1) An application for a license shall be made to the city in writing. It shall state the name and address of the applicant, a description of the structure and other information as the city may from time to time require.
(2) A license shall be in writing and shall be signed by a representative of the city and by the licensee.
(3) A license shall contain the following information and such other information as the city may determine is necessary, the name and address of the licensee, the license location, a license number, the term and fee and the following statement:
“The licensee agrees to keep the licensed area assigned in a reasonably clean, sanitary and safe condition; to remove rubbish from the property not less often than weekly; to comply with the ordinances and regulations of the city; to display a current license number in a prominent place on the structure visible from the landward side; to keep the structure securely and safely moored; to quit the licensed area promptly after revocation and termination of his or her license and to remove all of his or her property within 30 days after the revocation and termination; to pay the cost of removal of abandoned property, or if the city pays for the removal of said property, to reimburse the city for all costs incurred in the removal of abandoned property; to repair any damage done to the real property; to assume responsibility for damages to property or injuries to persons which may arise from or be incidental to the exercise of the license or for damages to the property or injuries to the person of the licensee, his or her officers, agents, service employees, guests or family or others who may be on licensed area by invitation or the invitation of any one of them, whether arising from activities of the city on the area or otherwise; and the licensee shall hold the city harmless from any and all claims by appearing in and defending any and all actions and paying and satisfying all final judgments obtained.”
(4) All licenses shall expire on June 30 of each year. The term of a license shall be for one year or a shorter term if the license is obtained after July 1 of any year. A license fee, as set forth herein, shall be paid on or before July 1. A license fee shall not be prorated nor be refundable. A license shall be transferable only with the consent of the City Administrator. A person who has been licensed to use a particular space, and who wishes to secure a new license for that space, shall be given first priority.
(5) A licensee whose license is revoked shall not be granted a license for a period of three years thereafter.
(6) No person shall use a structure to engage in business unless licensed by the city to do so.
(D) Option to close mooring. The City Administrator may from time to time recommend to the City Council that certain city land in the lake water areas be closed to the mooring of a structure or structures. The City Council may close an area effective upon the expiration of the current license term, if any, or the City Council may, if it finds that a superior public use exists, close an area on 120-days’ notice.
(E) Floating Structures Safety Code. The following shall be deemed to be the Safety Code for floating structures in the city.
(1) All structures are required to be inspected initially by a representative of the city to ensure compliance with the requirements of this code.
(2) All structures shall have a gangway with a 30-inch minimum width between the shore and structure. The gangway shall be maintained in a safe and sound condition.
(3) All structures shall maintain house numbers of a minimum four-inch height which contrast to their background on the shore side of the structure.
(4) All boathouses shall have a minimum of one Coast Guard approved throwable personal flotation device.
(5) All structures shall have a minimum of one operable fire extinguisher with a minimum rating of 2A 10BC.
(6) All habitable structures shall have smoke detectors and shall maintain the detectors in operating condition.
(7) All heating and cooking appliances shall be installed and maintained in a safe condition so as to prevent fires and carbon monoxide poisoning.
(8) Electrical systems shall be maintained in a safe condition to prevent fires and the potential of electrocution.
(9) All sleeping areas shall be provided with and maintain egress.
(10) Any violations or deficiencies noted during the safety inspection shall be corrected within 15 days and reinspected unless a time extension has been granted by the inspecting authority for just cause.
(F) Effective date. This section shall take effect and be in force from and after its passage and publication. The ordinance codified herein was published 11-12-2002.
(Ord. 82, passed 11-4-2002) Penalty, see § 150.99