[Adopted 10-16-1997 by Ord. No. 97-21 as
Ch. 4.08 of the 1997 Municipal Code; amended in its entirety 4-6-2006 by Ord. No.
2006-004]
No boats, racks, rafts, lumber, freight, merchandise,
supplies or any materials shall be deposited, placed, left upon or
permitted to remain upon any of the public wharves or piers at the
foot of Canandaigua Lake within the limits of the City of Canandaigua
without a permit from the Department of Public Works.
All sailboats and launches are forbidden to
anchor in any of the boathouse slips or within 100 feet of the west
end of said slips.
No garbage, dirt, sewage, cinders, ashes, stone
or other refuse matter shall be thrown or dumped upon any of the piers
or wharves of said channel or basin, or in any of the waters within
the corporate limits of said City, or upon the outlet of Canandaigua
Lake and the new channel for the outlet known as the "feeder", nor
upon or along the banks of said outlet or feeder between the limits
of the City of Canandaigua and the spot or place where formerly was
erected a dam across the said outlet at Chapin, formerly Chapinville,
except by and with the consent of the City Council previously granted.
No person shall in any manner mar, mutilate
or deface any of the piers, wharves or structures forming any part
of said channel or basin, nor post, paint, print or in any manner
affix or place thereon any bill or advertisement.
A.
No person shall bath or swim without wearing a bathing
suit or other suitable covering in the waters of Canandaigua Lake
within the City limits, and no person shall undress and publicly expose
his naked body within said City limits for the purpose of bathing
in said waters or for any other purpose.
B.
No swimming or bathing shall be permitted in the vicinity
of the City Pier.
C.
No person shall discharge soap or other cleaning compounds
into the waters of Canandaigua Lake within the City limits.
A.
It shall be unlawful to moor any boat, vessel, baitbox,
houseboat or structure, or to beach the same or to tie the same up
to the beach, except in an emergency, along the shore of Canandaigua
Lake at any point between the center line of the feeder where it is
crossed by the Lakeshore Drive bridge and extending easterly to the
center line of the outlet where it is crossed by the Lakeshore Drive
bridge, except by and with the consent of the Department of Public
Works.
B.
No boat, vessel or launch shall be moored or anchored
in the channel or basin between the pier and the breakwater in such
a manner as to obstruct the same or interfere with navigation in said
channel or basin. Only the two southernmost lake access platforms
on the east side of the pier shall be used for launching or removal
of small nonmotorized marine craft and for loading or unloading of
passengers and supplies.
C.
Temporary mooring of vessels shall be permitted only
along east side of the pier between the northernmost and southernmost
lake access platforms and on both sides of the public dock that is
adjacent to the mouth of the outlet, for periods of time not to exceed
two hours, as long as such mooring does not obstruct public use of
the lake access platform.
[Amended 10-1-2009 by Ord. No. 2009-012]
D.
The City Council of the City of Canandaigua may issue
to commercial vessel owners, upon such terms and conditions as the
City Council of the City of Canandaigua, the City Manager and the
Corporation Counsel impose, permits to moor, at designated parts of
the City Pier, commercial vessels with the capacity to carry at least
150 people and which are up to 90 feet in length and 25 feet in width.
Permits shall require the owner to indemnify the City against property
and personal injury and shall further require the owner to maintain
insurance in an amount deemed necessary to provide adequate coverage
for any risks caused by said mooring. The City Council of the City
of Canandaigua may allow permittees under this section to make improvements
to the City Pier at the permittees' own cost and under any conditions
imposed by the City Council of the City of Canandaigua, which improvements
shall be incident to mooring permitted pursuant to this section, and
which may at the request of the City Council of the City of Canandaigua
become the property of the City of Canandaigua. Mooring rights conferred
by permits issued pursuant to this subsection shall supersede mooring
rights otherwise conferred by this article.
E.
No boat, vessel or launch shall be moored or anchored
within Canandaigua Lake in any manner so as to obstruct any sluiceway
located under the City Pier.
F.
No mooring is permitted adjacent to any section of
the pier other than as described herein.
The piers now erected and built to the west
of the main pier in the City of Canandaigua shall hereafter be known
and designated as follows:
All buildings and structures erected or to be
hereafter erected upon or adjacent to or connected by means of a bridge
or other structure with any of the piers, wharves, breakwaters, cofferdams
or basins at the foot of Canandaigua Lake or in, upon or over any
of the waters of said lake within the limits of the City shall be
numbered and numbers displayed, in accordance with Chapter 586, Street
Naming and Property Numbering, of the Code of the City of Canandaigua.
A.
All persons owning or having an interest in any building or other structure situate upon or adjacent to or connected by means of a bridge or other structure with any of the piers, wharves, breakwaters, cofferdams or basins at the foot of Canandaigua Lake or in, upon or over any of the waters of said lake within the limits of the City, or an interest in any business located thereon, shall, between April 1 and June 30 inclusive in each and every year, file his name and address and specify the interest that he has in any such business, building or structure, and the number and pier number of such business, building or structure with the Clerk/Treasurer. Persons required to file shall be liable for compliance with this article by all persons ensuing upon said building structure. Failure to take all reasonable steps to secure such compliance will subject persons required to register to penalties under § 287-13 of this article.
B.
Upon the transfer of any boathouse, a boathouse transfer
report shall be filed in the City Assessor's office by the buyer,
seller, or agent of the buyer or seller within 30 days of said transfer.
The boathouse transfer report shall be on a form designated by the
City Assessor and may be modified from time to time as deemed necessary
by the Assessor. A copy of the bill of sale or other transfer document(s)
shall be attached to the form. The form shall include all information
related to the sale of the boathouse, information on the physical
inventory of the boathouse, and names, mailing addresses and telephone
numbers of all parties involved in the transfer of the boathouses.
A.
Storage of bottle gas tanks or other appurtenances
including any flammable material shall not be allowed on any pier
or catwalk. A boathouse owner will be allowed one tank containing
gasoline limited to 10 gallons to be used for consumption by motor.
B.
Any open wood, coal or charcoal fires either in the
boathouses or upon the pier boardwalks are prohibited.
The City shall provide normal maintenance of
piers and boardwalks located thereon. Said use of piers and boardwalks
shall be limited to ingress and egress.
The Code Enforcement Officer will be designated to enforce this article covering piers, harbors and boathouses as well as Chapter 300, Building, Unsafe, where applicable. In the event that any person, firm or corporation violates this article or Chapter 300 or any part thereof, the Code Enforcement Officer shall notify the owner of the existing violation. Such notice shall contain a statement of the violation, and the time within which the owner so served shall commence the maintenance, repair or removal of said structure. The notice shall further contain a time and place for a hearing before the Code Enforcement Agency in the City, not less than two weeks nor more than four weeks from the date of the service of said notice. In the event a hearing is held, or if the owner does not appear, and it is determined by the Code Enforcement Agency that such violation exists and the owner has failed to commence repair or other maintenance items he shall notify the City Council that such violation exists, giving full details, and with its approval shall notify owner that his permit has been revoked and said structure shall be secured for a period not to exceed six months. If the owner fails to show interest during that time, the City will have the right to repair or demolish said structure and reclaim such space.
Any person who shall violate any of the provisions
of this article shall, upon conviction thereof, be punishable by a
fine not exceeding $250 or imprisonment in the County Jail of Ontario
County for not more than 15 days, or both such fine and imprisonment.
Each day on which any such violation continues shall constitute a
separate offense.
