[Adopted as Sec. 12-1 of the 1982 Revised
General Ordinances]
The Borough Council is hereby authorized to
designate by resolution such places, areas, lots, land, property and
facilities owned by the Borough to be used as ramps, docks, piers,
slips, wharves, basins, harbors, harbor structures, docking facilities
and other related uses.
The Borough Council is hereby authorized to
adopt and promulgate, by resolution, such rules and regulations as
may be considered necessary and essential to govern the use and manner
of use of the facilities and property by those to whom permits may
be granted from time to time.
The Borough Council may also designate one or
more of its members, or any standing or special committee of its members,
to be in charge of and control the operation or management of such
facilities in accordance with the provisions of law, and rules and
regulations adopted pursuant hereto. Any employee or employees of
the Borough assigned to any work or duties in connection therewith
shall be subject to the control and direction of the Borough Council.
Reasonable and uniform fees may be and are hereby
authorized to be charged for any and all permits issued to use any
such facilities. The fees shall be established by resolution adopted
by the Borough Council in the manner required by law. All fees collected
for permits issued or for other lawful charges made shall be paid
over forthwith by the collecting officer to the Borough Chief Financial
Officer and shall be the property of and for the use of the Borough.
[Amended 3-21-2023 by Ord. No. 1626]
Any permit granted for use of any such facility
shall be subject to the terms, conditions, rules and regulations relating
to such use and permission. The holder of any permit shall be governed
by the terms, conditions, rules and regulations; and any holder shall
not acquire any right or title, but shall hold a mere license or permission
which is subject to revocation without notice in the event of a violation
of any of the terms, conditions, rules or regulations. The member
of the Borough Council, officer, employee, or other person in charge
of and in authority and supervision over such facilities shall be
and is hereby empowered to suspend the use of any such permit, and
the Borough Council is empowered to revoke any such permit. No fee,
charge or other sum paid for any such permit or permission shall be
returnable in the event of revocation. The permitting of seasonal
boat slips will be administered through the Borough Clerk.
A.
The payment of the fee or charge, together with the
acceptance of the permit, shall thereby charge the holder with the
knowledge and responsibility that the permit is issued and held subject
to this article and all rules and regulations promulgated and adopted
pursuant hereto.
B.
No person, except the holder of a permit and those
who are invitees of any holder, shall trespass upon any property of
the Borough or the property of any person which is lawfully situated
at any facility or location. Suitable signs may be posted on any such
property as notice hereof.
C.
The Borough shall not be responsible for any cause
or matter whatsoever relating to the use of any such facilities by
any person. All persons who use such facilities shall do so at their
sole risk, both as to person and property.
[Added 3-21-2023 by Ord. No. 1626]
Applications for use of the 81st Street marina boat slips will
be processed through the Borough Clerk's Office. All season boat slip
permittees shall be granted the first right of refusal to renew the
slip occupied during the previous season. Renewal applications must
be complete with payment in full and include an updated copy of a
certificate of insurance in the amount of $500,000 liability coverage
which shall name the Borough of Stone Harbor as additional insured,
proof of ownership and current registration. Failure to comply with
insurance requirements will result in forfeiture of the boat slip
subject to the aforesaid renewal rights. Applications must be received
by the date indicated on the renewal notice and if not received by
the specified date it will be considered a forfeiture of the boat
slip and the slip will be offered to individuals on the established
81st Street marina boat slip waiting list, starting with the first
person on said list.
[Added 3-21-2023 by Ord. No. 1626]
Any applicant found in violation of the rules and regulations
associated with the permitting of the boat slips at the 81st Street
marina shall be subject to forfeiture of their boat slip. There shall
be no exceptions.
