(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOAT/WATERCRAFT. Any object or structure capable of being propelled through and/or over the water by motor or wind while carrying one or more persons including, but not limited to, Boats, surf boards, canoes, rows, sailboats, or speedboats.
DOCK. A structure extending out from shore into a body of water, to which Boats may be Moored.
GRANDFATHERED USE. A Docking/Mooring use that existed before the U.S. Army Corps. Of Engineer agreement, which is recognized by the city.
MOOR. To secure a Boat in a particular place, as by cables, anchors, or by lines.
RESIDENT. A Resident is an individual who is in occupancy of property, at a minimum, from June 1 to September 1 of the current year.
(B) Docking/Mooring Permit required. No person shall Moor watercraft, use private Boat, Docks, or hoists, or install Mooring buoy or Dock structures along the city's shoreland designated parkland without first securing a permit from the city. A Docking/Mooring Permit is a privilege, not a right.
(1) Application. Permits shall be made by a Resident. An application for a Docking/Mooring Permit shall be submitted to the city on a form provided by the city and shall contain the following information:
(a) Certificate of Liability Insurance demonstrating applicant holding a minimum of $500,000 Boat insurance with the City named as a certificate holder as related to watercraft, Boats, Docks, and Moorings.
(b) Certificate of Liability Insurance demonstrating Applicant holding a minimum of $500,000 Docking/Mooring insurance. This may be under the Applicant's homeowner insurance policy if scheduled.
(c) The above Certificates of Liability Insurance for all listed Co-Owners of a Boat.
(d) A Docking/Mooring 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. Dock plan requirements. Docks 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 city permit decal.
(e) Other information the city may require.
Persons holding a Docking/Mooring Permit shall inform the City Clerk Administrator of any change in the information requested on the application within ten business days after any such change.
An Applicant must submit a Docking/Mooring Permit application by March 15 of each year to the City Clerk-Administrator, accompanied with the designated fees.
The Docking/Mooring Permit application must be reviewed by the Park Technical Committee and the Park Board before final submission to the City Council for approval.
(2) Conditions.
(a) Docking/Mooring Permit is for one Boat and one structure, either a Mooring buoy or a Dock.
(b) The Park Technical Committee manages the placement of Docks and buoys in the Shoreland Park under the direction of the Park Board and City Council. Once a Docking/Mooring Permit is issued, the permit holder will be offered the next available location according to the placement chart.
(c) Any Mooring, Dock, or hoist must be located no closer than 100 feet from an adjacent Mooring, Dock, or hoist. There shall be no Mooring, Docks, or hoists 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.
(d) All buoys shall be a minimum of 100 feet apart. Any moving system must be reset when it floats within 80 feet of another Mooring buoy or Dock.
(e) Docks and access ramps must not exceed 25 feet onto City Shoreland.
(f) Structures cannot be placed within the designated swim beach area.
(g) Removal of Moorings and Docks All Moorings, Docks, 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.
(h) A Docking/Mooring Permit holder must use their structure by June 15. Failure to use a structure by this date may result in revocation of the Docking/Mooring Permit. The City Council may consider written requests for exception to this requirement.
(i) A non-permit holder may own a Boat with a Docking/Mooring Permit holder.
(j) Multiple Docking/Mooring Permit holders may co-own a Boat together.
(k) Clustering.
1. Multiple Docking/Mooring Permit holders may cluster to share one Dock structure so long as all parties hold a valid Docking/Mooring Permit.
2. The cluster arrangement must be approved by the Park Technical Committee prior to set up.
3. If a clustering of Docking/Mooring Permit holders dissolves, each Docking/Mooring Permit holder can place their own structure, based on their structure designation in an open location as directed by the Park Technical Committee.
(l) Boat registration. All Boats must be registered in the Applicant or permit holders name and Lake St. Croix Beach address with the State of Minnesota Department of Natural Resources (DNR)
1. Boats must have their DNR registration number clearly displayed in accordance with DNR regulations.
2. Registration must be kept current.
(m) All watercraft must be maintained, safe, and operable for its intended use.
(n) Permit Decal. All Docks, Mooring buoys, and Boats must display the owner's permit number on a decal issued by the city.
1. Fee. Permittees must pay the decal fee. The decal fees for a Docking/Mooring Permit shall be in accordance with the current city fee schedule, as amended.
2. Placement.
a. The decal shall be placed on the upper right-hand corner of the transom on Boats.
b. The decal shall be place on the right-hand corner beach side of the Dock.
c. The decal shall be place visible above the waterline on buoys.
(3) Structures. All Docking or Mooring structures must be constructed to meet certain minimum standards and maintained in good condition.
(4) Docking/Mooring Permit fees and term.
(a) The fees for a Docking/Mooring Permit shall be in accordance with the current city fee schedule, as amended.
(b) The fee will be returned to the Applicant if the Docking/Mooring Permit is denied.
(c) All Docking/Mooring Permits shall expire annually on March 31 of each year.
(d) Each Docking/Mooring Permit will be subject to yearly review before renewal is considered.
(e) Residents who have had a Docking/Mooring Permit approved the previous year, will be given first right to receive a permit during the present year of application. The renewal fee, application, proof of liability insurance, and registration must be paid on or before March 15 of each year to reserve this right. An additional late fee will be charged for applications received between March 16 and April 15. Failure to submit the complete application documents and fees on or before April 15 will result in the loss of first right of refusal and reapplication to be placed on the waiting list will be required.
(f) The city maintains a waiting list for individuals wishing to receive a Docking/Mooring Permit. When available, Docking/Mooring Permits are offered to the first individual on the waiting list.
(g) Residents desiring to be placed on the waiting list must make application at city hall accompanied with the designated fee in accordance with the current city fee schedule, as amended.
(h) Individuals desiring a Docking/Mooring Permit shall be placed on a waitlist as follows:
1. 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 Applicant's for the present year. A new Applicant's rank order will be determined by lottery on April 15.
(5) Limit on Number of Docking/Mooring Permit.
(a) There are 35 Docking/Mooring Permits available.
(b) Only one Docking/Mooring Permit will be granted to any one household.
(c) Grandfathered Docking/Mooring uses recognized by the city are in addition to the 35 Docking/Mooring Permits.
(6) Transferability. If a Docking/Mooring Permit holder relinquishes their Docking/Mooring Permit, the Docking/Mooring Permit does not transfer to a non-permitted co-owner of a Boat.
(7) Penalty.
(a) Failure to comply with § 91.01 (B) may result in loss of the permit or loss of the right to renew the permit.
(b) Any illegal structure or Boat may be removed by the city and the costs charged to the responsible party.
(c) Inspections with be scheduled by the Park Board without notice to the permit holders.
(d) The above penalties are in addition to § 10.99 of this code.
(C) Shore Boat Permit required. No storage of a Boat at the base of the bluff or, at the discretion of the Park Technical Committee, at a designated distance from the shoreline when not in use is permitted without first acquiring a Shore Boat Permit.
(1) A Resident with a Docking/Mooring Permit whose structure is a Dock may also receive a Shore Boat Permit.
(2) Dock Boats must be stored out of the water, on the Dock or elevated on an appropriate structure attached to the Dock.
(3) Any Resident may receive a Shore Boat Permit without a Boat permit.
(4) Dock and Shore Boats may not exceed 16 feet, except canoes and catamarans.
(5) Certificate of Liability Insurance demonstrating applicant holding a minimum of $500,000 shore/Dock Boat insurance . This may be under the applicant's homeowner insurance policy if scheduled.
(D) 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.
(E) Penalty. See § 10.99