03-14-2022 Council Packet - Laserfiche WebLink

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(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) [a.] b. (12) (13) (14) (15) (16) Sec. 38-906. - Terms of license for Big Island dock sites. Dock sites on Big Island are offered to provide dockage opportunity for inland lot of record owners to access their property via public right of way. Before a dock licens is issued for Big Island dock sites, the applicant must sign a license agreement containing the following terms and conditions and other provisions as the council may require. Rights and liabilities. The Licensee shall be permitted to use the property for the purposes described in this license agreement and shall not use the property for any other purposes. In addition to the provisions of this section, all dock license sites shall fully comply with LMCD regulations and all applicable state laws and regulations. Indemnification. Dock license holders shall be solely responsible for the dock license site and all activities thereon. The license holder shall indemnify, defend, and hold the city, its officers, boards, commissions, agents, and employees harmless from and against any and all lawsuits, claims, causes of action, liability, and costs, of any nature that the city may at any time, directly or indirectly, suffer, sustain in any way connected with the grant of a dock license or activities on the dock license site. Docks. The license holder household may obtain only one license. License plates. Dock license plates shall be issued by the city after approval of the license application. The license plate must be securely fixed to the lakeside end of the licensed dock. License plates shall be maintained by the licensee and shall remain the property of the city. Transferability. Big Island dock licenses may not be sold, assigned, licensed, or otherwise transferred in any way to any person, partnership, or corporation. Only the license holder may store a boat at the dock. Storage items. The license holder shall not store any accessory items at the dock site except fo the boat. The city may remove any accessory items from the dock site and treat it as abandoned property in accordance with law. Removal of boat. Upon termination of a dock license, the license holder must remove the boat. Any item that has not been removed will be removed by the city and treated as abandoned property in accordance with law. Dock specifications. Docks within right-of-way on Big Island will not extend more than 24 feet from the Ordinary High Water Line (OHW). Dock accessories. All dock accessories must be approved in writing prior to use at a dock site. Dock and dock site usage. Docks and dock sites may only be used after the city places the dock on the dock site. The city will endeavor to place docks on dock sites by May 1. The license holder shall not be entitled to a prorated license fee if the city places the dock on the dock site after May 1. The license holder shall cease using the dock and dock site on November 1 of each year. The license holder shall remove the boat from the dock site no later than November 1 of each year. Declaration of watercraft—Requirements. Watercraft that are moored at a city dock or multiple slip site must be declared on the dock license application. The applicant must provide the city with a copy of the current DNR watercraft registration or U.S. Coast Guard documentation or recently applied for DNR watercraft registration or U.S. Coast Guard documentation for each watercraft, at the time of application. This DNR registration or U.S. Coast Guar documentation must verify that the watercraft is in the name of the licensee. If a declared watercraft is removed from the city dock program, the site holder may substitute a replacement watercraft upon providing the city with required documentation as stated above. Newly declared replacement watercraft may be subject an additional LMCD fee. Unless permitted under the preceding two subsections, no watercraft shall be moored at a city dock site. A license grants the licensee one boat per dock site. Up to two license holders may share a dock allowing a total of two boats. Subject to inspections. All licensed docks are subject to inspection at reasonable times by the dock inspector or his or her designee. City access. The city shall be free to enter the dock site for any reason at any reasonable time and to perform maintenance and regulatory functions to be specified in the terms of the dock license agreement. Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder. Term. Big Island Dock licenses expire November 1 of each year. License fee. The city council shall establish license fees. License fees shall not increase during the term of a license. A licensee must pay a license fee in full at the beginning of the term of the license by April 1 of each calendar year of the term of the license. Failure to pay the license fee may be cause the denial of the license application. (Ord. No. 259 3rd series, 7-26-2021) Council Exhibit E BI-6