(a) No person, firm or corporation owning, leasing, controlling or operating any commercial dredge shall conduct any commercial dredging operation in waters within the territorial limits of the City without first having obtained a permit to do so as hereinafter set forth.
(b) Application for such permit shall be made in writing, signed by or on behalf of the applicant and filed with the Municipal Administrator. Such application shall include the following information:
(1) The applicant's name and the address of his principal place of business;
(2) A description of all dredging and associated equipment to be used by the applicant and of the manner in which such equipment will be operated;
(3) An exact specification of the areas to be dredged;
(4) The type and amount of material to be extracted in each such area;
(5) Such other information that may be necessary to demonstrate the applicant's ability to comply fully with the provisions of Section 707.01 in the conduct of the commercial dredging operation for which the permit is sought.
(c) Upon filing of the application, the Municipal Administrator shall cause public notice thereof to be given by announcement posted as required by the Charter, Article III, Section 12.0
. The announcement shall state that the application papers are available for public inspection and that any interested party may, within twenty days from posting of the announcement, submit to the Municipal Administrator in written form information or comments in respect to the application. Such information or comments shall be made available for inspection by the applicant. If the applicant elects to amend or supplement the application papers, the procedures of this subsection (c) shall be repeated in respect to the application as amended or supplemented.
(d) Within ten days following the final expiration of the time limited for submission of information or comments, the Municipal Administrator shall recommend to Council the approval or rejection. He shall recommend approval of the application only if he finds upon consideration of the application papers and the information and comments submitted, that the applicant has met the burden of demonstrating by clear and convincing evidence that commercial dredging operations of the type described, and conducted in the manner specified in the application papers, would not result in violation of any provision of Section 707.01.
(e) Upon recommendation of the application by the Municipal Administrator, and approval thereof by Council, the Clerk of Council shall, upon payment of an annual permit fee of one hundred dollars ($100.00), issue and deliver to the applicant a permit to engage in commercial dredging operations in waters within the territorial limits of the City, of the type and in the manner specified in the application papers, but subject always to the provisions of Section 707.01. Such permit shall be valid for a period of one year from the date of issuance and may be renewed for successive periods by payment of the annual permit fee.
(f) All moneys received as permit fees under the provisions of this section shall be paid into the Treasury and credited to the General Fund.
(Ord. 734. Passed 10-12-70.)