Ord #259 - 3rd Ser/Amending Docks on the ROW

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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 Guard 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. a.Allowable mooring of non-owned watercraft. Mooring of watercraft not owned by the dock licensee is permitted for a period of up to 48 hours,two times in a calendar year. Unless permitted under the preceding two subsections,no watercraft shall be moored at a city dock site. (11) Subject to inspections. All licensed docks are subject to inspection at reasonable times by the dock inspector or his or her designee. (12) 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. (13) Costs. All costs of maintaining licensed docks and dock accessories are the responsibility of the license holder. (14) Term. All dock licenses on Crystal Bay Road shall be valid for ten years. (15) 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 by April 1 shall result in the termination the license agreement. In the event the licensee paid a license fee at the beginning of the term,and the license is terminated, the city may refund a prorated amount of the license fee,based on the number of years remaining at the time of refund request,unless the licensee owes the city for costs and expenses as outlined in the license agreement. (Ord.No.239 3rd series, § 1,3-9-2020) 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 license 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. (1) 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. (2) 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. (3) Docks. The license holder household may obtain only one license. 4