[Adopted 4-18-1995 by Ord. No. 101]
The Harbor of New Buffalo shall consist of all the body of water off the shores of Lake Michigan extending 1/2 mile lakeward between the Easterly and Westerly boundary limits of the City of New Buffalo and the waters of the Galien River within the City limits.
A. 
The City hereby adopts by reference Sections 2 through 8, 31 through 33, 36, 61, 62, 71 through 101, 151, 161 through 166, and 191, inclusive of the Michigan Marine Safety Act of 1967, that being Act No. 303 of the Public Acts of 1967, as amended.[1] The purpose of said regulations are to provide for rules relative to the operation of vessels and motorboats, the carrying of equipment on such waters and to the use of waters for boating, to prescribe the duties and responsibilities of owners and operators of vessels and motorboats. A complete copy of said regulations shall be kept in the office of the City Clerk and/or Chief of Police and shall be there available for public use and inspection.
[1]
Editor's Note: The Marine Safety Act was repealed by P.A. 1994, No. 451. See now MCLA § 324.80101 et seq.
B. 
All swimming within the confines of the breakwater and in the Galien River up to the easterly boundary of the City limits is hereby prohibited.
C. 
All jumping and diving off of or from the North Whittaker Street bridge is hereby prohibited.
Every owner, lessee, or person in possession of premises immediately adjacent to or abutting the harbor shall at all times keep the wharves, docks, and bulkhead walls on such premises in good repair and safe condition.
A. 
On the waters of the Galien River, the channels and canals connected thereto, and the New Buffalo Harbor Sections 3, 4, 9, and 10, T8S, R3W, City of New Buffalo, Berrien County, it is unlawful for the operator of a vessel to exceed a slow—no wake speed.
B. 
On the waters of the Galien River, the channels and canals connected thereto, and the New Buffalo Harbor, Sections 3, 4, 9, and 10, T8S, R3W, City of New Buffalo, Berrien County, it is lawful for a person to swim only in a area designated as a bathing area, pursuant to Section 141 of Act No. 303 of the Public Acts of 1967, as amended, being Section 281.1141 of the Michigan Compiled Laws.[1]
[1]
Editor's Note: This statute was repealed by P.A. 1994, No. 451. See now MCLA § 324.80156.
C. 
On the navigable waters of the entrance channel to the New Buffalo Harbor, Section 4, and 9, T8S, R3W, City of New Buffalo, Berrien County, it is unlawful to anchor or moor a vessel, unless a special exception permit has been granted by the City Council, upon recommendation from the Harbor Commission.
It shall be unlawful for any entity, public or private, to install and/or operate a fueling station, including underground and/or aboveground fuel storage tanks, fuel pumps, and other related equipment, at the City's municipal transient marina. It shall also be unlawful for any person with watercraft moored at the municipal transient marina to have their vessel refueled by any possible means while said watercraft is moored at the municipal transient marina. This section shall apply only to the municipal transient marina, and any watercraft moored therein, and to waterfront property within New Buffalo Harbor bordering the area legally described and established as the federal channel, but to no other properties within New Buffalo Harbor.