The text
(a)
Required. No mooring shall be located in the waters of the city until a permit has been received from the department. No mooring shall be located and no mooring shall be maintained unless the owner of the mooring has a valid permit for the mooring and the mooring conforms to the specifications set forth in this chapter and in the permit.
(b)
Application for renewal. Applications for renewal of a valid mooring permit shall be submitted to the department, on the forms provided, by May 15 of each year. An application shall be accompanied by the required fee and shall be received by May 15 in the offices of the department. Failure to submit a complete and accurate application by May 15 shall result in loss of mooring space. The department shall mail application forms during the month of February to all persons who held valid permits at the end of the prior calendar year to the address listed on their last permit. It shall be the burden of the permit holder to notify the department of any change of address. The department shall approve or reject the permit within ten days of receipt of the complete application.
(c)
Application for new mooring or relocation.
(1)
All requests for new or relocated moorings shall be made on the forms supplied by the director and meet the application requirements of this chapter. To be eligible for any new mooring permit, the applicant must own a boat or be a commercial mooring operator. To apply for relocation of a mooring, the applicant must hold a permit from the preceding year and, as part of the application, shall specify the reasons for the relocation request along with the existing mooring space registration number and size and type of boat. Based on availability of spaces and the requirements of this chapter, action will be taken on the application. Any application received by the department that is incomplete shall be returned to the applicant and no action shall be taken on the application.
(2)
The department shall perform an evaluation of all coves and harbors within the city to determine the appropriate number of boats. This determination shall be based on water quality certification formulas and regulations of the department of environmental management, division of water resources, as may be established from time to time. If any cove or harbor is determined to have more boats moored or docked than justified by the water quality certification regulations, no new moorings shall be issued unless appropriate remedial action is taken by the permit applicant or the city to ensure water quality certification compliance.
(3)
The application process for a new or relocated mooring is as follows:
a.
Preapplication to department. An application in accordance with subsection (d) of this section shall be filed with the department. The department, upon determining that there is space for the mooring, shall issue a preliminary permit advising the applicant that a space is available and that, upon receipt of any necessary state and federal approval, a full permit may be issued.
b.
Federal/state approval. Once a preliminary permit is issued, the applicant shall seek appropriate federal and state permits.
c.
Final application. Upon receipt of any necessary state and/or federal approvals, if necessary, a final application shall be filed with the department.
d.
Issuance of permit. The department shall approve or deny the final application within ten days of receipt. If within said ten-day period a permit is not issued, then the application shall be deemed denied.
(d)
Application requirements. The following requirements are set for applications for mooring permits:
(1)
Private moorings. Private moorings shall be permitted only in approved mooring area designated as part of the Harbor Management Plan. An application for private moorings permit shall be made on the form supplied by the department and shall contain the following:
a.
Name, address and telephone number (work and home) of owner;
b.
Vessel name, length in feet, breadth in feet, draft in feet, type, registration or documentation number, color, and type of sanitary facility;
c.
Mooring classification and actual mooring weight;
d.
Appropriate registration fee; and
e.
Area where applicant would like to locate the mooring.
(2)
Riparian landowners or lessors of riparian lands. Riparian landowners or lessors of riparian land, which at the discretion of the harbormaster, may be permitted a mooring within a proven reasonable proximity of their property, as long as said mooring does not give them advantage over others in any federally maintained mooring area.
(3)
Commercial moorings. Commercial moorings shall be permitted in approved mooring areas designated as part of the Harbor Management Plan. An application for a commercial mooring permit shall be made on the form supplied by the department and shall contain the following:
a.
Name, address and telephone number of applicant;
b.
Name, address and telephone number of manager, if different from applicant;
c.
The number of moorings requested, a breakdown of the moorings requested by size and a listing of moorings by their assigned number and size; and
d.
A plan, stamped by an engineer or land surveyor registered in the state, showing the boundaries of the mooring field, the location of each mooring, the mooring's number, size and type of sanitary facility, and all moorings located within a 200-foot radius of the boundaries of the mooring field.
(e)
Waiting list. The chief harbormaster shall maintain waiting lists of applications for private and commercial mooring spaces. The waiting lists shall consist of the existing waiting lists, minus all applicants who fail to file a new application and fee by April 1, 1989. Thereafter, the waiting list shall be added to as completed applications are received. The waiting list shall be available for public review.
(f)
Permit ratio for private and commercial moorings. For every six permitted private moorings, there may be no more than four permitted commercial moorings.
(g)
Appeal of denial. Upon denial of a permit by the department of parks and recreation, the applicant may, within ten days of such denial, appeal the denial to the commission by filing in the office of the director a written notice of his/her claim of appeal.
(h)
Mooring placement.
(1)
No mooring shall be placed in the waters of the city without inspection and approval of the chief harbormaster. The chief harbormaster must direct the placement of the mooring.
(2)
No vessel so moored or anchored shall extend beyond the mooring and anchorage areas into designated channels.
(3)
The chief harbormaster shall keep a detailed record of all moorings, their location and the owner's name, telephone number, home and business address, the date the mooring was set, and the name, length and type of boat to be attached thereto. Registration numbers will also be required if applicable.
(4)
All assignments of mooring space shall be made by the chief harbormaster in cooperation with the director. Moorings shall be assigned in chronological order of receipt of completed applications.
(5)
Mooring tackle must be installed within 30 days of the permit issuance or the permit will be revoked.
(i)
Maintenance of moorings; inspections.
(1)
Responsibility for maintenance. Every permit holder shall be required to maintain his/her mooring in safe condition. Any chain, shackle, swivel or other tackle which has become warped or worn by one-third its normal diameter shall be replaced. Failure to maintain a safe mooring shall be cause for revocation of the permit and shall be deemed a violation of this chapter. The chief harbormaster or the harbormaster(s) may inspect any mooring at any time to determine compliance with this section.
(2)
Inspections generally; correction of violations. All moorings in the waters of the city shall be inspected at least once every three years by a qualified inspector. Any mooring washed ashore during a storm shall be inspected by the chief harbormaster and harbormaster(s) before it is reset. The cost of any inspection required by this chapter shall be borne by the mooring owner. The inspection shall be made by raising the mooring or by an underwater inspection. The purpose of the inspection is to determine compliance with the mooring standards of this chapter. Any mooring or component of a mooring that violates the requirements of this chapter shall be replaced within 30 days. Within 45 days after a mooring has been found to violate the requirements of this chapter, a second inspection by a qualified inspector must be completed to determine if the violation has been corrected. Failure to correct the violation shall cause the mooring to be deemed an illegal mooring. The director may remove the mooring in accordance with the provisions of section 24-6 and the owner shall forfeit the mooring permit.
(3)
Inspection schedule. Moorings shall be inspected every three years. The report of the qualified inspector on the condition of the mooring shall be filed with the application for a permit renewal. New moorings permitted after April 1, 1990, shall be inspected every three years from the date the permit was first issued.
(4)
Qualified inspectors. Any person certified by the YMCA or similar organization as a qualified diver or any person who is an operator or employee of a boatyard and is familiar with the requirements of this chapter and the rules and regulations of the commission may apply to the commission to be designated as an inspector. Application shall be made on the form provided by the department of parks and recreation and must be accompanied by the annual application fee. A qualified inspector must reapply by July 1 of each year. The commission may designate as many inspectors as it feels are necessary, shall set standards for the inspectors to follow, and shall establish criteria for qualifying as an inspector. Any inspector who does not possess the necessary qualifications or who has failed to exercise diligence in the exercise of his/her duty shall have his/her inspector's license revoked.
(5)
List of inspectors. The director shall keep a list of all qualified inspectors and shall make this list available to holders of mooring permits.
(j)
Forfeiture of mooring space. Any owner shall be deemed to have forfeited his/her mooring permit by reason of the following:
(1)
Removal of tackle and notification to the chief harbormaster that the space is available.
(2)
Failure to reapply for the mooring permit by May 15 of any season or failure to replace any piece of mooring tackle not complying with the mooring tackle standards hereinafter set forth.
(3)
Failure to resurface or replace mooring within 60 days after being advised by the chief harbormaster that the mooring is down.
(4)
Failure to comply with any of the requirements of this chapter.
(k)
Abandoned moorings. Failure to renew an existing permitted mooring by May 15 of any given year shall result in the registered owner's abandonment of all his/her rights and interest in said mooring. The director may remove the abandoned moorings at the registered owner's expense, which may be recovered in an action brought by the city solicitor against such person, or the director may assign the mooring location to a new permit holder. If the mooring location is assigned, the permit holder shall have the mooring inspected in accordance with this chapter.
(l)
Determination of number of available spaces. As of May 15 of each year, the chief harbormaster shall determine the number of moorings available for new mooring space as the sum of all authorized mooring spaces for which acceptable applications for renewal were not received. These spaces shall be allocated to those on the waiting list.
(m)
Transfer of moorings. A mooring shall not be transferred from person to person, other than to a member of the immediate family as the same is hereinbefore defined.
(Code 1971, § 9-7; Ord. No. O-99-17, § I, 4-12-99)