Any business or person using New Buffalo Boat Facilities as
part of his or her business (hereinafter commercial operation), shall,
in addition to the previous sections and all other rules pertaining
to recreational boat users, be subject to the following additional
rules and regulations.
[Amended 3-28-2007 by Ord. No. 167]
A. Each and every time a commercial operator uses a municipal boat launching
facility, he/she shall have a numbered ticket slip and/or Commercial
Haulers Pass for each individual vessel that is launched and/or removed
at a municipal boat launch or facility.
B. Ticket slips and passes will be provided by the City. Ticket slips
and passes must be completely and correctly filled out, including
but not limited to, the model of the watercraft, its size (footage
and weight), the date, the time and the signature of the commercial
operator's representative launching and/or hauling the craft, and
the signature of the attendant on duty. Completed ticket slips and
passes must be given to attendant or deposited into the drop box located
at the attendant's booth. Passes are valid only for the date printed.
No other materials may be used for recording commercial usage of the
municipal boat launch or facility. Commercial operators will be charged
$100 for each ticket that is not completely filled out.
[Amended 1-21-2014 by Ord. No. 211]
Commercial rates for launching and/or removal shall be established
annually by the City Council.
[Amended 5-18-2004 by Ord. No. 145]
No vessel shall be launched and/or removed from the boat launch
in excess of 32,000 pounds, including the weight of the trailer.
[Amended 3-28-2007 by Ord. No. 167; 1-21-2014 by Ord. No. 211]
A. No vessel shall be launched and/or removed that is not legally registered
or documented.
B. No oversized vessel, as defined by state law (eight feet six inch
width), shall be launched and/or removed by any commercial operator
on Saturday, Sunday or holidays.
C. Launching and/or removal of oversized vessels by any commercial operators
are to be completed between 9:00 a.m. and one hour prior to sunset
Monday through Friday.
D. All vessels shall be launched and/or removed only at the places designated
for such purpose. The docking or mooring of vessels to the launching
ramps is strictly prohibited. Parking of motor vehicles and/or trailers
on the launching ramps is prohibited. No vessels shall be removed
from trailers and staged in the parking lot. All vessels using a slip
at the transient marina must pay the fee for that slip.
[Amended 1-21-2014 by Ord. No. 211]
Use of the City Boat Launch facility is at your own risk. The
City is not responsible for any bodily injury, liability, or damage
to your property for your use of this public facility.
Any person or business which shall refuse, fail or neglect to
comply with this ordinance shall be deemed guilty of a violation of
this Code. The appropriate City officials shall have the power to
do any and/or all of the following:
A. Seize and remove any vessel at the boat launch or removal site or
any other municipal pier, dock, or wharf and shall cause said vessel
to be placed in storage. The vessel shall not be released until the
expense and charges for moving, docking and/or storage, along with
the appropriate fees and fines, are paid to the City by the owner
or person lawfully in charge of said vessel.
B. Make a prompt complaint to the proper court for any violation of
the provisions of this chapter and aid in the prosecution thereof.
Violations of this section are deemed a misdemeanor and may be punished
by a fine not to exceed $500 together with costs of prosecution or
imprisonment in the County jail.
C. Terminate launching and removal privileges at municipal facilities
for that specific commercial operator and/or his/her successors in
interest.
D. The fines shall be a minimum of $100 for the first offense and $200
for the second offense.
[Amended 9-18-2018 by Ord. No. 232]
Special permission for exceptions to these rules and regulations
may be granted by the Department of Public Works Director except for
the weight restrictions. Such permission must be written on the ticket
for the watercraft in question and be initialed by the Department
of Public Works Director or an authorized representative.
This section and the various parts, sections, subsections, provisions,
and clauses are severable. If any part of this section is found to
be invalid, or unconstitutional, it is hereby declared that the remainder
of this section shall not be affected thereby.