[History: Enacted by Tribal Council motion in Regular Session
on August 15, 2018.]
(a)
The Constitution of the Grand Traverse Band vests in the Tribal Council
all sovereign governmental executive and legislative powers. These
powers include the power to regulate the health, safety, and welfare
of the tribe and its members; manage its economic affairs; levy and
collect fees and assessments; and maintain law and order within the
tribe's jurisdiction.
(b)
Use of the sheltered waters of the Grand Traverse Bay and other waters
is a historical right and cultural prerogative of the Grand Traverse
Band. Accordingly, the Tribal Council is obligated to regulate such
use to maximize its potential to the benefit of the Tribe and its
members, and preserve it for future generations.
[History: Enacted by Tribal Council in motion Regular Session
on August 15, 2018.]
(a)
There are established two marinas for use by commercial and subsistence
fishers exercising treaty-protected fishing rights in the Great Lakes:
the Arthur Duhamel Memorial Marina in Peshawbestown, and the Beaver's
Landing Marina on Beaver Island.
(b)
Supervision and management of the commercial and subsistence fishing
marinas in existence or as may be established is delegated to the
Natural Resources Department for exercise by a Harbormaster.
(c)
The Harbormaster is delegated such regulatory authority as necessary
to create regulations for the safe, efficient, and accessible use
of the marinas under his or her supervision and management. The Harbormaster
may establish or amend regulations, in writing, to be effective on
approval of the Natural Resources and Environmental Committee. Regulations
shall be posted at the Harbormaster's office and at all commercial
and subsistence fishing marinas.
(d)
Sections §§ 1003 — 1017 of this Marina Operations
Code do not apply to commercial and subsistence fishing marinas.
[History: Enacted by Tribal Council motion in Regular Session
on August 15, 2018.]
(a)
The Tribal Council adopted Resolution #07-25.1707 at a Regular Session
on May 16, 2007. Said resolution established the Grand Traverse Band
Municipal Marina Port Authority.
(b)
The Tribal Council may, in its discretion, designate marinas for
use other than commercial and/or subsistence fishing to be supervised
and managed by the Grand Traverse Band Municipal Marina Port Authority
and this Marina Operations Code.
[History: Tribal Act #7-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
The following terms, as used in this code, are hereby defined
to have the following meanings. All other terms shall have their regular
dictionary meanings.
(a)
"Vessel" means a craft designed to navigate on water.
(b)
"GTB" or "Owner" means the Grand Traverse Band of Ottawa and Chippewa
Indians.
(c)
"Tenant" means the person assigned to a seasonal or transient slip.
(d)
"Dinghy" means a human powered or outboard powered watercraft, less
than 12 feet in length, which is designed to carry people from their
vessel to a dock or to shore.
(e)
"Marina" shall mean the Grand Traverse Band Municipal Marina.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion on August 15, 2018.]
(a)
The GTB Marina shall keep two waiting lists, one for vessels 34 feet
to 48 feet and one for vessels 48 feet one inch to 80 feet. No vessels
larger than 80 feet may be moored in the Marina. The waiting lists
are operated as an annual renewal for which the Grand Traverse Band
sends out notices. The waiting list fee is due no later than January
31st of each year. If not received by February 1st, a 10% late penalty
will be assessed. If a renewal is not returned by February 1st the
name shall be removed from the waiting list.
(b)
The Grand Traverse Band shall establish the fee for the waiting list
in the Grand Traverse Band's Schedule of Fees.
(c)
The waiting list fee shall not be considered any part of the lease
fee if a person obtains a slip lease.
(d)
The intent of the slip renewals is to give each applicant the opportunity
to update any information such as mailing address, phone number or
vessel information. All changes and updated information shall be submitted
with the annual renewal slip to allow Grand Traverse Band to update
its records.
(e)
Any applicant may increase or decrease his/her vessel size within
the range of the list on which he/she is placed without the risk of
losing his/her position. If the applicant changes his/her vessel size'so
that it no longer is in the range of the list on which he/she is reserved,
he/she forfeits his/her place on the original list and will be placed
at the end of the other list.
(f)
Any applicant may ask to be placed on both lists at his/her discretion
upon paying each annual fee, and shall be entitled to the reservation
of his/her selection at the time a slip becomes available. Upon obtaining
a slip lease only the vessel for which he/she obtained the lease may
be kept in the slip once a slip is obtained. Changing to a different
vessel places him/her at risk of forfeiture of a future slip.
(g)
Grand Traverse band may reject any application for the waiting list
at its own discretion.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
Selection from the waiting list for a lease shall be granted to the
first person on each list according to slip size availability. This
placement shall be based on the vessel information provided by the
applicant and shall not be substituted without prior authorization
from the Harbormaster.
(b)
Grand Traverse Band will make reasonable attempts to contact the
applicant according to the information provided during the annual
renewal. It is the applicant's responsibility to notify Grand Traverse
Band of any change in contact information and Grand Traverse Band
is not responsible if the applicant fails to update information.
(c)
Grand Traverse Band will first attempt by telephone to contact the
next person with the appropriate size vessel for the available slip
to notify them of a slip's availability. Grand Traverse Band shall
leave a message if possible and the applicant then has 72 hours to
return the call. If Grand Traverse Band must leave a message, a notice
shall be mailed or emailed the same day to the person. The person
receiving such mail or email must reply immediately upon receipt of
notice.
(d)
If Grand Traverse Band is not successful in contacting the first
applicant as described above, Grand Traverse Band will contact the
next applicant following the above guidelines, and will continue this
process until an applicant has been reached and the slip has been
assigned.
(e)
All applicants may reject their first slip offer without risk of
losing their place on the waiting list. A second rejection of a slip
assignment shall result in the applicant being removed from their
place on the list and placed at the bottom of the list. The Grand
Traverse Band is not required to send notice when placing the applicant
at the end of their list.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
Grand Traverse Band shall send annual lease renewals to current tenants.
(b)
Prior-year tenants shall be given first right of refusal for the
coming year's leases. However, Grand Traverse Band reserves the right
to refuse any lease at its own discretion.
(c)
Full payment of the lease is due to Grand Traverse Band no later
than February 15th of each year. Any payments received between February
16th and March 1st shall be subject to a 10% late penalty. Any penalties
MUST be paid in full for the lease to be fully paid.
(d)
No payments made after March 1st shall be accepted. Any slip in which
the lease has not been paid in full prior to March 1st shall be available
for lease to another tenant at the discretion of Grand Traverse Band.
(e)
All vessels shall be identified at the time of lease payment. Proof
of identification shall include vessel ownership, size, length, draft,
beam, and power or sail. The vessel shall be registered and insured
in the name of the tenant. If the registration or insurance information
does not match the application, the application will be returned without
being processed.
(f)
Grand Traverse Band shall assign all available slips after March
15th and before March 31st of each year.
(g)
If a tenant changes to a vessel of a different size, he/she may risk
losing his/her slip assignment. Tenants who have changed or will be
changing vessels from the prior year shall contact the Harbormaster
for prior approval of the vessel. Grand Traverse Band may reject a
vessel change in the Marina.
(h)
Grand Traverse Band may, at any time, change any slip assignments
deemed in the best interests of Grand Traverse Band.
(i)
Dinghy slip leases are available on a first come, first serve basis
each year. Dinghy slips shall be available after January 1st of each
season. No leases, applications or payments shall be accepted before
January 1st. Prior tenants do not have any priority for dinghy leases.
(j)
No tenant may sublease or rent his/her slip to any person at any
time.
(k)
The tenant shall be responsible for any property damage, nuisance
or violations of this Marina Code, including those caused by a visitor
of the tenant or an invited guest.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
The Grand Traverse Band Municipal Marina season begins May 15th and
ends October 31st of each year. The Marina bathhouse and restrooms,
water service, electric, pump outs or gas pumps might not be open
or functional prior to this date.
(b)
Vessels may be placed in the Marina between April 15th and May 15th
only with the expressed permission of the Harbormaster and only after
the tenant has provided updated copies of vessel registration and
proof of insurance to Grand Traverse Band for the Harbormaster's review
and approval.
(c)
All vessels and personal equipment shall be removed from the Marina
and public lands no later than November 15th.
(d)
If any vessel remains in the Marina after November 15th, the owner
shall be charged twice the established daily rate.
(e)
If any vessel remains in the Marina after November 30th, it shall
be removed from the Marina and impounded by Grand Traverse Band. The
tenant shall be responsible for 1 1/2 times the costs incurred
by Grand Traverse Band for the removal and impound of the vessel.
The impound fees shall be established in Grand Traverse Band's Schedule
of Fees.
(f)
Neither the Grand Traverse Band nor any company working in conjunction
with the Grand Traverse Band to remove any vessel from the Marina
shall be liable for damages to a vessel removed from the Marina as
provided in this Code.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
Unless otherwise specified the Marina's hours of operation shall
be:
May 15th through June 23rd: 8:00 a.m. to 6:00 p.m.
June 24th through September 5th: 8:00 a.m. to 8:00 p.m.
September 6th through October 15th: 8:00 a.m. to 6:00 p.m.
After October 15th: by appointment only
(b)
If there is an emergency after the posted hours, all calls shall
be placed to 911.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
It is the responsibility of every Marina user, tenant, or transient
user to know and comply with this code. Grand Traverse Band shall
supply each current and new tenant with a copy of this code at the
time it is adopted, or at the time a tenant is offered a seasonal
slip. A copy of this code shall be made available on Grand Traverse
Band's website and shall be posted at the Harbormaster's office in
plain view for all transient users to review. This code shall supersede
any and all prior rules or regulations. All tenants shall comply with
this Code and, at the time they accept a seasonal, day use, or transient
rental, affirm they will comply with the Code by paying the Marina
slip annual lease, day rental, or transient fee.
(b)
Tenants shall notify the Harbormaster if leaving the slip for 24
hours or longer. Slips vacated for 24 hours or longer may be rented
at the discretion of the Harbormaster. In the event of extended absences
from the slip, the slip holder may be required to use an alternative
assigned slip for up to three days until his or her slip becomes available.
(c)
The Marina is a no-wake zone with a maximum speed of five nautical
miles per hour (mph).
(d)
All slip users shall supply their own bumpers.
(e)
All tenants shall immediately report any damage or deficiencies to
a Marina employee.
(f)
Tenant may place one enclosed storage box near the entrance to their
dock, in which personal effects may be stored. Other than those objects
stored in the box or on the boat, tenants shall not keep any personal
effects on the premises. If a tenant uses such storage box, it must
be removed no later than November 15th, or the box and its contents
will be deemed abandoned, and Grand Traverse Band may, without notice,
dispose of the box and any contents in any manner it deems appropriate,
without liability to tenant.
(g)
No open flames or cooking shall be permitted within 100 feet of the
gas storage tank, unless it is on a vessel specifically designed with
below-deck kitchen facilities.
(h)
Tenants shall keep pets on a leash at all times when on land and
shall not permit the pet to run at large. The tenant is responsible
for clean up of his/her pet and disposal of droppings in approved
waste containers.
(i)
It is unlawful for any slip holder to turn off, dismantle, or damage
lighting in or around the Marina.
(j)
Tenant may have only the registered vessel in the slip. Tenant may
keep a dinghy in the slip, provided the dingy is tied to or placed
on the vessel, and does not protrude into any other slip or beyond
the dock. No dinghy may be kept in a slip unless the registered vessel
is also in the slip. Any motorized dinghy must be registered with
owner, who must also provide the insurance and registration information
required for a vessel, and the dinghy must be registered and insured
in the name of tenant.
(k)
Minor maintenance and repairs are permissible in the slips. Exterior
painting, varnishing or restoration work shall not be done with the
vessel in the slip; all major work shall only be done on dry docked
vessels.
(l)
No swimming is permitted in the main Marina basin or off the Marina
pier.
(m)
If any vessel has a gas or oil leak, the owner is responsible for
the immediate containment of the leak. If any vessel is found with
a gas or oil leak it shall be immediately removed from the Marina
by its owner. If the vessel's owner cannot be immediately located,
Grand Traverse Band may remove the vessel without the owner's prior
consent. The owner shall be responsible to Grand Traverse Band for
all costs associated with removal of the vessel and/or clean up. Grand
Traverse Band shall not be responsible for damage to the vessel in
the event of such removal.
(n)
The tenant is responsible for ensuring his/her vessel is in proper
working order and afloat. The tenant is responsible for immediately
removing his/her vessel from the Marina in the event that it may be
in danger of sinking. Grand Traverse Band may immediately remove any
such vessel from the Marina without the owner's prior consent. The
Harbormaster shall notify the owner of a vessel removed under this
section immediately. The owner shall be responsible to Grand Traverse
Band for the cost of removal of the vessel and/or any cleanup cost.
Grand Traverse Band shall not be responsible for damage to the vessel
in the event of emergency removal.
(o)
Grand Traverse Band Municipal Marina is open to the general public
during normal business hours. The tenants shall comply with the rules
and regulations regarding noise and nuisances as provided in this
Code. No tenant shall play audio devices at levels that disturb adjacent
boaters. No tenant shall permit his/her pet to bark in a manner causing
a nuisance to adjacent slip holders.
(p)
No overnight camping is allowed other than on boats.
(q)
No fireworks are permitted in the Marina at any time.
(r)
No commercial operations are permitted in the Marina at any time
without prior approval of Grand Traverse Band Municipal Marina Port
Authority.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
Transient and day use rentals are on a first come, first serve basis.
The Marina does not accept prior reservations.
(b)
All transient and day use boaters must immediately report to the
Harbor office to complete the required forms and make payment. All
transient and day use boaters are required to pay in advance for one
night at the time of arrival. Grand Traverse Band requires all transient
renters to provide a credit card number at the time of registration
upon which unpaid balances shall be billed.
(c)
Transient boaters who arrive after business hours shall complete
the registration form available at the Harbormaster's office upon
arrival, and shall include the slip number and slip where they have
docked. The transient shall confirm the slip they entered is open
to transient boaters by searching the map located at the office. A
transient shall not rent or dock at any slip not assigned or designated
as a transient slip unless designated to do so by Marina staff.
(d)
Transients understand the slip they arrived at after hours may not
be available for rent and Grand Traverse Band may if necessary move
the transient to another slip.
(e)
Transients shall immediately remove their vessel from a slip which
is not available for rent.
(f)
Transient boaters may stay at the Marina as space permits for a maximum
of two weeks and shall be charged full day rate fees for the entire
time they are in the Marina.
(g)
Transient check out is 12:00 p.m. Transients who remain in the Marina
after 12:00 p.m. shall be charged an additional day.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
The Harbormaster and any GTB Police Officer or other officer deputized
by the Grand Traverse Band is hereby authorized to issue municipal
civil infraction citations directing alleged violators of this Code
to appear in Tribal court.
(b)
The Harbormaster may enforce any provision of this code up to and
including eviction of any tenant, visitor, guest or day-user.
(c)
Any person who does not remove him/herself from the Marina as ordered
by the Harbormaster or a police officer is guilty of misdemeanor trespassing.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
(a)
Any person who violates any provision of this Code, except Section
1009(c), shall be responsible for a Tribal civil infraction as defined.
(b)
Any person who knowingly violates Section 1012(c) of this code shall
be subject to a civil fine of not less than $1,000 or more than $5,000
for each violation.
(c)
Each day this code is violated shall be considered a separate violation.
(d)
Citations for violations of this code may be issued by sworn officers
of the GTB Tribal Police Department or the Tribal Conservation Department,
or by a sworn officer acting under a valid cross-deputation agreement.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
A violation of this Code is hereby declared to be a nuisance
per se and is declared to be in violation of the public health, safety
and welfare of Grand Traverse Band.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
In addition to enforcing this code through the use of a municipal
civil infraction proceeding, Grand Traverse Band may initiate proceedings
in the Tribal Court to abate or eliminate the nuisance per se or any
other violation of this Code.
[History: Tribal Act #07-25.1851, enacted by Tribal Council
in Special Session on September 26, 2007; amended by Tribal Council
motion in Regular Session on August 15, 2018.]
If any section, provision or clause of this code or the application
thereof to any person or circumstances is held invalid, such invalidity
shall not affect any remaining portions or applications of this Code,
which can be given effect without the invalid portion or application.
This Code shall become effective upon adoption by Tribal Council.
