[Adopted 4-17-2001 by Ord. No. 130]
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.