§ 91.01 USE OF SLIPS AND HOISTS; MOORING AND DOCKING.
   (A)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MOTORBOAT. Any boat propelled exclusively by an internal combustion engine.
      SAILBOAT. Any boat intended to be propelled primarily by the wind. It may be equipped with a motor for auxiliary use.
   (B)   Permit required. In order to assure the orderly use of the city’s shoreland designated parkland, the mooring of watercraft or the use of private boat docks, slips or hoists will be limited to residents of the city and will require a permit to be issued by the City Council on an annual basis.
      (1)   Permits for a maximum of 35 watercraft will be given in any year. Permits may be issued for no more than 18 motorboats, the remaining watercraft shall be sailboats.
      (2)   Each permit will be subject to yearly review before renewal is considered. A person who receives a permit is entitled to moor or dock one watercraft registered in that person’s name. Only one permit will be granted to any one household. Annual permit fees shall be established from time to time by resolution of the City Council.
(1990 Code, § 901.010)
   (C)   Application and fee. An applicant must submit a mooring/docking application by March 31 of each year to the City Clerk-Administrator, accompanied with the designated fee according to the fee scheduled as adopted by resolution of the City Council. This fee must be returned to the applicant if the permit is denied. The mooring/docking application must be reviewed by the Park Technical Committee and the Park Board before final submission to the City Council for approval.
      (1)   Residents who have had mooring/docking plans approved the previous year, will be given first right to receive a permit during the present year of application. The renewal fee must be paid on or before March 15 to reserve this right.
      (2)   Any new resident applications that are approved by the Park Technical Committee will be chosen in the following order:
         (a)   Those persons who have been on a rank order waiting list from the previous year; and
         (b)   Those new approved applicants for the present year. A new applicant’s rank order will be determined by lottery on April 15.
(1990 Code, § 901.020)
   (D)   Regulations for mooring/docking plans.
      (1)   Mooring plan requirements. A mooring plan must meet minimum requirements of all authorized state and federal agencies. In such event that there exists no clear requirements, the text of Piloting, Seamanship, and Small Boat Handling by Chapman will be used as a standard.
      (2)   Docks. Docks, slips or boat hoists will be constructed in such a fashion that they are structurally sound and aesthetically congruent with the environment. Each structure must clearly display the owner’s name and phone number.
      (3)   Location. Any mooring, dock, hoist or slip must be located no closer than 100 feet from an adjacent mooring, dock, hoist or slip. There shall be no mooring, docks, hoists or slips located on or in the water bounded by Upper 20th Street South, and 100 feet north of 19th Street South. Any encroachment of the area designated as “Swimming Beach” is prohibited.
(1990 Code, § 901.030)
   (E)   Disputes. Any disputes that arise from the provisions of this section shall be resolved by the Chairperson of the Park Board. If the dispute is not resolved to all parties’ satisfaction, a hearing may be requested before the City Council. A majority vote of the City Council will be required to resolve any such dispute.
(1990 Code, § 901.040)
   (F)   Removal of moorings, docks, and slips. All moorings, docks, slips, hoists, ramps and related structures must be removed by non-mechanical means from the river and Shoreland Park by November 1 of each year or earlier if so notified by the Park Technical Committee to the owner of that device. Any mooring, dock, slip or hoist that is placed on the shore during winter months must be firmly anchored to prevent floatation and placed so as to offer a minimal obstruction to the flow of flood water.
(1990 Code, § 901.050)
Penalty, see § 10.99