Chapter 12.20
CITY BOAT HAVEN*
Sections:
12.20.020 Payment of rent required – Rate.
12.20.060 Unauthorized moorage.
12.20.065 Recreational dock and boat launch and parking area.
12.20.070 Limitation on city’s liability.
12.20.090 Vessels subject to police power.
12.20.100 Docks not to be obstructed.
12.20.130 Special limitation on use of docks.
* For criminal provisions concerning boating, see Chapter 9.20 SBMC.
12.20.010 Tenant defined.
“Tenant” shall mean the owner or lessee of the vessel (any boat, oyster dredge or any craft) assigned to a specific city moorage space. City moorage space shall be available only to a bona fide owner or lessee. Owners of vessels moored under a lease other than their own shall apply to the city within 30 days of the effective date of the ordinance codified in this section in order to comply with the provisions of this section. (Ord. 1589 § 1, 2023).
12.20.020 Payment of rent required – Rate.
Any tenant shall submit a written application to the city of South Bend on forms furnished by the city before making use of the city’s boat haven or docks. Tenants must pay in advance for each lease the following amounts plus any taxes required by the state on revenues collected by the city for moorage. The base fees without taxes are as follows:
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Commercial Inside: |
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Renting by the year: |
$6.53/ft. |
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$10.45/ft. (with water) |
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$13.20/ft., if dredged |
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Renting by the month: |
$1.65/ft. |
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$2.64/ft. (with water) |
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$3.34/ft., if dredged |
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Commercial outside: |
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Renting by the year: |
$13.20/ft. |
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Renting by the month: |
$3.30/ft. |
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General fees: |
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Rental on hoist: |
$16.00/day plus $40.00 deposit |
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Rental on emergency dock: |
$14.40/day in excess of six hours |
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Electrical service: |
$20.00 minimum/ |
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Minimum lease: |
Five-foot increments after the first 10 ft. |
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Penalty for nonregistered: |
$50.00 plus $14.40/day |
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(See SBMC 12.20.060, Unauthorized moorage) |
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Should space become available on the outside, tenants who currently lease inside portions shall have priority over nontenants. (Ord. 1589 § 2, 2023).
12.20.030 Rental due date.
Annual rentals shall fall due on the first day of January of each year and be past due on the first day of February. No moorage space may be reserved beyond the fifteenth day of February unless remittance has been made in full. Should the tenant fail to pay the rental fee for moorage by the fifteenth day of February, the city shall make the unpaid tenant’s space available to other qualified tenants based on the chronological order of the moorage waiting list maintained by the city. (Ord. 1589 § 3, 2023).
12.20.040 No subletting.
The moorage space designated on the lease shall not be sublet, assigned or transferred to any other person, firm or corporation by tenant. In the case of sale or transfer of the vessel, the new owner will have a six-month grace period to obtain new moorage. The moorage space occupied by the vessel will be offered to the individuals on the moorage waiting list on a first-come-first-served basis.
The city may make a leased moorage space available to others for any period of its nonuse by lessee. So far as practicable, lessee shall notify the city in advance if his moorage space will not be used for any extended period of time. Assignments shall be based on the chronological order of the waiting list maintained by the city. (Ord. 1589 § 4, 2023).
12.20.050 Reassignment.
Moorage may be temporarily reassigned, at the option of the city, to other berths or spaces to accommodate repairs, improvements, maintenance, construction, emergencies, and special events. Moorage may be permanently reassigned for the balance of the permit term at the option of the city, to other berths if a vessel’s size in relationship to the size of the berth and those adjacent does not permit maximum and efficient utilization of the moorage facilities or if a reassignment may in any other manner permit more efficient utilization of the moorage facilities. (Ord. 1589 § 5, 2023).
12.20.060 Unauthorized moorage.
The use of any space by any person other than the tenant or his agent shall be in violation of this section and will be subject to a penalty of $50.00 plus $14.40 per day payable by the violator. (Ord. 1589 § 6, 2023).
12.20.065 Recreational dock and boat launch and parking area.
A. Recreational Dock.
1. First day boat moorage shall be free until 6:00 p.m.
2. After 6:00 p.m a $5.00 maintenance fee is due.
3. A maintenance fee of $5.00 shall be due for each day thereafter. This fee is due if boat is moored after 6:00 p.m. A $5.00 fee is due each subsequent day the boat is at the dock and regardless of if moored in a different location.
4. The maintenance fee is due if boat is moored one day and moored (unattended) the next day. This fee also applies to any boat moored at the floats (docks) at the boat launch.
5. Boat owners can pay in advance, but cannot be guaranteed space at the dock. No boat shall be moored in excess of seven consecutive days.
6. The boat operator shall fill out a pay envelope, with payment, and provide the name or number of the boat, registered owner’s name, and contact phone number.
7. Boat numbers will be monitored and violations to this section will be ticketed with a misdemeanor citation.
8. Some spots at the dock may become available for reservation. Such spots will require an advance payment of a maintenance fee of $10.00 per calendar day.
9. Unattended moorage in a reserved space shall constitute a violation.
10. Moorage on the inside dock (south side) will also require a $5.00 maintenance fee after 6:00 p.m. but will provide the boater with two days of moorage on the inside.
11. After three days of nonpayment boats may be impounded.
12. The rate for moorage of boats 23 feet or longer at the recreational dock shall be $15.00 per calendar day. Payment is required to be paid upon mooring. Failure to pay will result in a late fee of $30.00.
13. Any unattended moorage of boats 23 feet or longer at the boat launch floats shall also be required to pay a fee of $10.00 per calendar day. No moorage is ever allowed at boat launch floats except at the far end (down river) on either side.
B. Boat Launch and Parking Area.
1. A maintenance fee of $5.00 will be due for each use of the boat launch ramp and shall entitle the boater to one day’s parking of vehicle and trailer. The fee also covers the use of ramp to retrieve the boat.
2. The vehicle operator shall fill out an envelope, with payment, and provide the vehicle license number, registered owner, and contact phone number.
3. “A day’s parking” shall be defined as any unattended parking from 0001 hours to 2400 hours.
4. Any other unattended vehicle is also due a $5.00 per day maintenance parking fee.
5. Unattended trailers (those not attached to tow vehicle) are not allowed in any parking area of the boat launch facility.
6. An annual pass may be purchased for $60.00 which will be good for a calendar year. City of South Bend residents can purchase an annual launch pass for $40.00.
7. Repealed by Ord. 1465.
8. Parking in No Parking areas will be subject to fine and/or towing at owner’s expense.
9. Any unattended motor vehicle/trailer in violation of this section shall be fined and the fine will be the responsibility of the registered owner of the motor vehicle/trailer if the operator cannot be located.
10. Overnight camping is allowed at the boat launch parking area. RVs $10.00 and tents $5.00. Camping (RV and tent) shall be limited to seven consecutive days and cannot exceed 30 days in a 12-month period. Campers will be fined and/or evicted for nonpayment of fees. (Ord. 1553, 2020; Ord. 1465, 2013; Ord. 1443, 2011; Ord. 1431, 2010; Ord. 1404, 2009; Ord. 1379, 2007; Ord. 1371, 2007; Ord. 1365, 2007; Ord. 1342, 2005).
12.20.070 Limitation on city’s liability.
The city of South Bend will not be responsible for any loss or damage caused by fire, the elements, collapse of buildings, structures, floats, logs or piling in the boat haven. (Ord. 1589 § 7, 2023).
12.20.080 Tenant’s duties.
All boat owners or operators entering the boat area shall promptly comply with all directions and instructions issued or given by the city of South Bend with respect to the movement of their boats or scows. Noncompliance with such directions or instructions shall entitle the city of South Bend to require immediate removal of the boat or scow from the boat area.
It is the responsibility of the tenant to advise the city clerk of any changes pertaining to current address, telephone number and the sale of or acquirement of any boat that may change the information on the original application. (Ord. 1589 § 8, 2023).
12.20.090 Vessels subject to police power.
Boats may be moved by the city police chief, or under his direction, for the protection of life or property. Any vessel which, in the opinion of the city police chief, is in danger of sinking or is a hazard to other vessels may be removed forthwith, with all expense and risk of loss or damage for account of the vessel’s owner; or should the city of South Bend be obliged to render salvage services to any vessel, the costs thereof shall be paid by the owner.
The administrative control of docks and floats used by the permit holders is placed under the jurisdiction of the South Bend police department, whose decision in all cases shall be final and conclusive. (Ord. 1589 § 9, 2023).
12.20.100 Docks not to be obstructed.
Docks and floats must not be obstructed by, nor used as, storage area for tools, equipment, gear, etc. (Ord. 1589 § 10, 2023).
12.20.110 Prohibited uses.
Children under 10 years of age are not permitted on docks or floats unless accompanied by a parent or other responsible adult.
Bicycles, scooters, skateboards, skates and any other associated toys are not allowed on the city docks.
No swimming, diving, water skiing or other related forms of water sport shall be permitted from the city pier and the commercial lease floats.
No unauthorized persons are allowed on docks or floats after dark.
No garbage, trash, oil, fuel, debris or other material, liquid or solid, shall be deposited in the water or on the land area of the dock facilities except in containers provided for that specific purpose.
No commercial landing of fish and other seafood products shall be landed across city floats without first registering under the provisions of Chapter 3.25 SBMC, Seafood Product Tax. (Ord. 1589 § 11, 2023).
12.20.120 Default by tenant.
The city of South Bend may cancel any lease hereunder upon 30 days default in payment of rent.
In the event that the lease hereunder is canceled, the city of South Bend may take immediate possession of the boat, tackle, apparel; and may retain such possession until all charges then owing and any additional charges necessarily incurred have been paid. This is in addition to any other remedy the city of South Bend may have in the collection of its charges. In the event suit is brought to collect any sums owing from any tenant, the tenant agrees to pay the city of South Bend a reasonable attorney’s fee herein together with its costs. (Ord. 1589 § 12, 2023).
12.20.130 Special limitation on use of dock.
For the purpose of convenience to the public, 50 feet of the 300 feet of the western, or lower, commercial float will be set aside in an appropriate manner as a loading and unloading zone only; and 50 feet of the eastern, or upper, float shall be set aside and properly designated as a public moorage for a period not to exceed 24 hours. In the event of an emergency, no charge will be imposed up to the first six hours. After the sixth hour a full day will be charged and the daily rate will be imposed thereafter. (Ord. 1589 § 13, 2023).
12.20.140 Other charges.
In addition to all charges set out in this chapter, there shall be a charge for the use of the city’s winch and/or pier as set in the following schedule:
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City pier (east portion): |
$1,272.00 per season |
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City pier (west portion): |
$1,272.00 per season |
Commercial float (near Coast Oyster facility)
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$716.00 per year winch fee |
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$8,850 per year dock fee |
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$1,136.34 (12.84%) state tax on dock fee |
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Total |
$10,702.34 |
(Ord. 1589 § 14, 2023).
12.20.150 Violations.
Violation of this chapter shall be a misdemeanor punishable by a fine of up to $1,000 and up to 90 days in jail. (Ord. 1589 § 15, 2023).