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HomeMy WebLinkAboutGeneral Marina Policiesl 4 EXHIBIT C 2009 JEFFERSONVILLE MARINA GENERAL MARINA POLICIES AND TENANT RULES CONTENTS: PART 1. GENERAL MARINA POLICIES .................................................I PART 2. GENERAL RULES FOR TENANTS .............................................5 NOTE: The policies and rules herein shall become effective April 1, 2009. Each year thereafter the policies and rules may be amended to reflect the need for adjustment to accomplish the overall goal of the Riverfront Development Commission. "~ Lease agreements effective April 1, 2009 for seasonal pleasure boat users shall terminate on ,_ November 30, 2009. Lease agreements effective April 1, 2009 for current year -round users shall terminate March 31, 2010. Lease agreements effective April 1, 2009 for Commercial use shall terminate on March 31 2010. 4 Table of Contents: PART 1. GENERAL MARINA POLICIES A. GENERAL .............................................................................1 1. Administrative Authority ............. ...................................... l 2. Season ................................... ..................................... 1 3. Use ....................................... ......................................I 4. Eligibility ............................... .......................................2 5. Designated Area ....................... .......................................2 6. Rent Determination ................... ........................................2 7. Dock Assignments .................... .......................................2 S. Right Of First Refusal ................ ........................................3 9. Damages and Liabilities .............. ....................................... 3 10. Suggestions and Complaints ......... .......................................3 Il. Petitions .......................................................................3 12. Unauthorized Use ..................... .......................................3 13. Winter Storage ......................... .......................................3 14. Electric Service Lockout .............. .......................................3 15. Appeals ................................. .......................................3 16. Restricted Area ........................ .......................................4 17. Emergency River Service ............ .......................................4 18. Impoundment .......................... .......................................4 19. Sunken Boats .......................... .......................................4 20. Disposing of Abandoned Boats ..... .......................................4 PART 2 GENERAL RULES FOR TENANTS A. GENERAL ...............................................................................5 1. Dumping .......................................................................5 2. Fishing from Docks ...................... ....................................5 3. Dry Docking .............................. ....................................5 4. Launch Ramp ............................. ....................................5 5. Subletting .................................. ...................................5 6. Sale of Tenants Watercraft .............. ....................................5 7. Insurance .................................. ....................................5 8. Tenant Boundaries ....................... .....................................6 9. Restricted Area ........................... ....................................6 10 Waste Holding Tanks .................... ...................................6 11. Garbage Pickups .......................... ....................................6 B. FACILITY AND GROUNDS ............... ..........................................6 1. Dock Numbers .............................. ....................................6 2. Dock Integrity .............................. .....................................6 3. Tenant Area of Responsibility ............ ....................................6 4. Common Area .............................. ....................................6 5. End of Season Clean Up .................. ....................................6 6. Securing for High Water .................. ....................................7 7. Log Jams .................................... ....................................7 8. Water Contamination ...................... ....................................7 9. Cleanliness .................................. ....................................8 C. BOAT AND EQUIPMENT ......... ...................................8 1. General Condition (Sea-Worthiness) . ......................................8 2. Numbering ................................ .....................................8 3. Permit Decals ............................ ..................................... 8 4. Fuel System .............................. ......................................8 5. Ventilation ................................ .....................................9 6. Backfire Flame Arrestor ................ ......................................9 7. Mooring Lines ........................... ......................................9 8. Electrical lnstallations ........................................................9 9. Condition of Utilities .........................................................9 10. Electric Service Lockouts ....................................................10 1 1. Water Supply Backflow Preventers .........................................10 12. Personal Judgments of Condition ...........................................10 D. PARKING AND TRAFFIC ........................................ ..10 13. Assigned Parking ..............................................................10 14. Guest Parking ..................................................................10 I5. Traffic Flow ....................................................................10 16. Parking Tags .................................................................. 10 17. Speed Limit ..................................................................10 E. CONDUCT .............................................................11 18. Law Abiding Activities ..................................................... l 1 19. Common Nuisances ......................................................... l 1 20. Habitual Offenders ..........................................................11 PART 1. GENERAL MARINA POLICIES The purpose of the Jeffersonville Marina "Dock Rental Program" is to provide a means for the City of Jeffersonville to generate income to support the cost of development and maintenance of its riverfront as adopted by the Jeffersonville Riverfront Masterplan. Participation in the dock rental program is open to the general public. To become eligible each boat owner shall complete an application furnishing all the information requested. A. GENERAL I. ADMINISTRATIVE AUTHORITY The administration of the Dock Rental Program is conducted through the Office of the Building Commission. Phone (812) 285-6415. The Office hours are Monday through Friday, from 8:00 am to 4: 30 pm. 2. SEASON The season shall begin. on April 1 and end per the date shown on Section 10, Rent Fee and Term of the Rental Agreement: Exhibit B. Watercraft left in the Marina after the end of the term date as shown on Section 10, Rent Fee and Term of the Rental Agreement. Exhibit B. will be subject to impoundment and disposition at owner's expense. 3. USE Year round tenancy is prohibited except for those tenants who have a year round agreement with the Marina for the 2008 season and whom subsequently renews that agreement in a timely fashion in subsequent years. Failure to timely renew according to the terms of this Agreement or the Rules and Regulations will result in the loss of said rights forever. The use of the Marina shall be for seasonal pleasure boating and commercial sales and service only. The current use for year-round permanent residency shall be allowed to continue only until there is a change of ownership or occupancy. The use of the Marina for year-round storage will no longer be permitted. Those tenants who were allowed to remain beyond the regular season will be permitted to continue storing their vessels during the winter until April 1, of the next year for an additional $250.00 fee. Those tenants who are on a "year round lease" as of4/1/08 shall be permitted to renew that lease in subsequent years so long as they meet all of the requirements each year to timely renew. The City and the Marina strongly discourages "Year Round" tenancy and will no longer allow additional tenants on that basis. 4. ELIGIBILITY To become eligible for a rental slip the following requirements must be met: Application completed, submitted, and approved by the Board of Public Works with the following supporting documents attached: a. Proof of Ownership or Current Registration of watercraft. b. Proof of Liability Insurance. c. Recent photograph of boat to be moored. d. Check or money order for rental fee. Previous years' rents shall have been paid in full and pending violations shall have been resolved. 5. DESIGNATED AREAS The following areas shall be designated for dock rentals. Area A. Between Jeff Boat and Boat Launch Ramp. Area B. Between Boat Launch Ramp and the River Stage 6. RENTAL DETERMINATION Rental fees shall be determined based on the schedule furnished on Exhibit A: the application. 7. DOCK ASSIGNMENT The dock space assigned is for a nominal 20' space only. Improvements such as shoreline electrical equipment, walkways, patios, water supply lines, etc., are not included. Occupants who select a space with existing improvements of any kind will be responsible for the general upkeep of, and liability for such improvements. The electrical supply equipment located on Riverside Drive to the connection at the top of the pole of the drop to the lower subpanel located at the shoreline is an exception to this policy and will remain the property and the responsibility of the Marina. Dock space will be assigned only for watercraft that is seaworthy and capable of receiving the Coast Guard Seal of Safety. Watercraft with a beam width more than 20' will be assigned 2 docks spaces and charged accordingly. Only one vessel will be permitted to occupy the assigned space unless otherwise permitted by the Marina. Dock assignments may be altered based on progress of the Riverfront Masterplan. Docks will be assigned only after the application is completed and submitted with supporting eligibility requirement documents. Reservations for a continued use, if available, of an existing space will be accepted for those tenants with a previous years occupancy provided that all requirements of the Application and Rental Agreement Instructions are met prior to March 15'h. Tenants who are reassigned dock space because of construction or any other reason caused by the Marina will be allowed first choice of refusal of when, or if, the space becomes available again. 8. RIGHT OF FIRST REFUSAL Those tenants who have occupied a slip the previous year, will be allowed first choice of refusal for the same slip. Right of first refusal ends March 15"' of the year of the termination of this agreement. 9. DAMAGES & LIABILITIES Occupants shall be held accountable for the cost of damages resulting from themselves or their guests. 10. SUGGESTIONS AND COMPLAINTS Suggestions or complaints of any nature are to be submitted in writing and addressed to the Jeffersonville Marina 500 Quartermaster Court, Suite 200, Jeffersonville, IN 47130. Building Commission Office. 1 1. PETITIONS Complaints concerning "personal" conduct and/or appearance of dock area, including watercraft, are not specifically covered by these rules, and shall be handled by petition only. A majority of the tenants in the immediate area of 5 slips or 100' in either direction is required for action to be taken. Residents along Riverside Drive shall have the same right of petition. Petitions are to be submitted in writing and addressed to the Board of Public Works. All decisions of the Board of Public Works are final. 12. UNAUTHORIZED USE Vacant slips and areas not paid for are not to be occupied at any time. Violator's property will be impounded immediately at violator's expense. 13. WINTER STORAGE Effective April 1, 1997 new use for winter storage will not be permitted. 14. ELECTRIC SERVICE LOCKOUT Electric service may be disconnected and locked out at any time the Marina feels there is imminent danger to life or property. Tenants may not remove locks for any reason until a licensed and registered electrician has certified in writing that the equipment is safe to use. 15. APPEALS The Jeffersonville Board of Public Works and Safety shall handle appeals to any action by the administration of the dock rental program. Decisions by the Board shall be final. 16. RESTRICTED AREAS The area between Dock # 1 and #60 is restricted to current tenants and their guest only. Only tenants in good standing and their guest are permitted in a restricted area. 17. EMERGENCY RIVER SERVICE The Marina does not provide any services in the water during high water conditions or any other time. 18. IMPOUNDMENT Justified impoundment of any of a tenant's personal property shall be at tenant's expense. The recovery of any impounded property shall be conducted through the office of the City Attorney. There shall be a $10.00 per day charge for any personal property impounded and stored on city property. 19. SUNKEN BOATS Sunken boats, or boats in imminent danger of being sunk, shall be corrected within 72 hours of time of occurrence. The Marina will take whatever action necessary to remove sunken or troubled watercraft or property after 72 hours. Any and all cost of removal, including transporting and storage, shall become a lien against the owner's property. 20. DISPOSING OF ABANDONED OR IMPOUNDED BOATS OR OTHER PROPERTY The disposition of abandoned or impounded boats or other property shall be conducted through the office of the City Attorney. All cost shall become an obligation of the owner. Abandoned or impounded boats or other property shall be sold for salvage after t year from date of impoundment. PART 2. GENERAL RULES FOR TENANTS a. GENERAL i. DUMPING Shall not be allowed except in authorized container 2. FISHING FROM DOCKS Permitted only with permission from dock tenant. 3. DRY DOCKING The use of any area for dry dock storage, other than for minor repairs, for any reason is not permitted. 4. LAUNCH RAMP The use of the launch ramp shall be for launching of watercraft only. Only passenger vehicles are permitted in the dockside parking area. Trailers, Wave Runners or the like are not allowed to be parked at any time in dockside parking. 5. SUBLETTING The subletting of any dock space is not allowed. 6. SALE OF TENANT'S WATERCRAFT The sale of a tenant's watercraft shall be reported to the Marina within 7 days after the sale. New owners will be allowed to remain in the assigned slip at no additional charge for the season providing the new owner satisfies all the requirements for eligibility. 7. INSURANCE Each occupant is required to carry a minimum amount of liability insurance in the amount $500,000.00 per the terms of the rental agreement. Insurance carriers shall be required to notify the city upon alterations or cancellation. Cancellation or adverse changes in coverage of insurance will be just cause for immediate eviction. 8. TENANT BOUNDARIES Each dock slip is a nominal 20' wide. From blacktop edge of access road to furthest distance into river that boat, or dock structure, extends. 9. RESTRICTED AREA Only tenants and their guests are allowed in restricted areas as designated by signage. 10. WASTE HOLDING TANKS Contents of waste holding tanks are not to be disposed of on Marina property. 1 1. GARBAGE PICKUPS. Garbage and other refuse are to be placed in containers provide or in plastic bags, secured and set out for pickup on Mondays and Fridays. B. FACILITIES & GROUNDS 1. DOCK NUMBERS Tenants are responsible to insure dock numbers are visible from both Riverside Drive and the lower access road at all times. 2. DOCK INTEGRITY Docking structures shall be kept in structurally sound condition at all times. 3. TENANT AREA OF RESPONSIBILITY From blacktop edge of access road, or 25' from water to furthest distance into river that boat or structure extends. 4. COMMON AREA The "common area" shall not be altered, defaced, damaged or tampered with at any time. 5. END OF SEASON CLEAN-UP It shall be the responsibility of each tenant to remove from there assigned area all property capable of floating during high water conditions by the end of the contract season. The area shall be raked cleaned. The cost of a violation of this rule shall become an obligation to the tenant and shall be payable prior to the renewal of all future leases. All electrical equipment, including festoon lighting, shall be removed or secured at the end of the normal season. All water lines or fittings shall be removed or secured at the end of each normal season. The Marina will not be responsible for damaged equipment of any kind during high water clean-up operations. 6. SECURING FOR HIGH WATER Each permanent resident tenant shall be responsible to remove or secure all loose personal property from their assigned dock area during high water conditions. Failure to comply with this rule will justify expulsion from the Marina. Property not removed or secured to the satisfaction of the Marina will be removed from the area by the Marina and disposed of property. All cost of removal shall become an obligation of the tenant. 7. LOG JAMS & DRIFT WOOD Each occupant shall be responsible for logjams and driftwood in the water area within the boundaries of their slip. During high water conditions each tenant shall be responsible to remove all accumulation of drift materials from their assigned area, or adjoining areas if their watercraft was the cause of such accumulation of drift, daily. The Marina will be responsible for logjams occurring in vacant slips and other common areas during the normal season only. Out of season clean up of driftwood and other debris shall be preformed at the Marina's convenience and discretion. 8. WATER CONTAMINATION Fuel and oil leaks shall not be allowed to contaminate the waters. Electric currents, creating electrolysis, no matter how small, shall be abated immediately. Every tenant, who has on board bathroom facilities, must have a Coast Guard Approved sanitation system. In the event there is a waste water holding tank on board, then each tenant-must be able to provide a record of disposal throughout the year, upon request. 9. CLEANLINESS Each tenant shall keep the area of water and land within their defined area cleaned at all times. There shall be no open storage of any kind. Lumber and other materials used for dock repairs shall be removed from the area daily. C. BOAT AND EQUIPMENT ]. GENERAL CONDITION (Seaworthiness) The boat must be free from fire hazards, in good overall condition with the bilges reasonably clean and hull structure structurally sound. 2. NUMBERING The boat's number must be permanently attached to each side of the forward half of the vessel (the bow), and as may be required by other State or Federal Regulations, and no other number may be displayed thereon. Numbers are to read left to right, be plain, vertical block characters, of a color contrasting with the background, distinctly visible and legible, and not less than 3" in height. A space or dash must separate letters from numbers. (IN 1234 AB) 3. PERMIT DECAL The current year permit decal shall be placed on the watercraft so as to be readily visible at all times. 4. FUEL SYSTEM Portable fuel tanks (7 gallon capacity or less) must be constructed of sturdy non- breakable material and in safe condition. Tanks shall be free of excessive corrosion and must not leak. Any vents must be capable of being closed and the tank must have a vapor-tight, leak-proof cap. All tanks must be properly secured in the boat to prevent excessive movement. Permanent fuel tanks (over 7 gallons) and fuel lines must be free of excessive corrosion and not leak. Fuel tanks must be secure and grounded. The fuel fill pipe must be tightly fitted to the fill plate and located outside of a closed compartment, where any spilled fuel will be directed overboard. Each permanent fuel tank must have a vent terminating outboard of the hull and compartments. 5. VENTILATION Boats with closed engine compartments built before August 1, 1980 must have either natural or powered ventilation; those built after that date must have powered ventilation in the engine compartments. Boats with closed fuel tank compartments built before August 1, 1978 must have either natural or powered ventilation in the compartment; boats built after that date need not have any ventilation in the fuel tank compartment provided the compartment conforms to marine craft construction standards. Any compartment containing portable type gasoline containers must be ventilated naturally or with sufficient compartment area open to the atmosphere. 6. BACKFIRE FLAME ARRESTER All gasoline inboard motorboats, regardless of date of construction or engine installation, must be equipped with suitable means of backfire flame control. 7. MOORING LINES The boat must be equipped with adequate mooring lines of suitable size and length. 8. ELECTRICAL INSTALLATION Wiring must be in good condition and properly installed. No exposed areas or deteriorated insulation is permitted. Switches, receptacles, and fuse panels must be protected from rain or spray. Batteries must be secured to prevent movement and the terminals covered to prevent accidental arcing. 9. CONDITION OF UTILITIES All utilities used shall be in good working order and in complete compliance with current codes. 10. ELECTRIC SERVICE LOCKOUT Electric service may be disconnected and locked out at any time the Marina feels there is imminent danger to life or property. Tenants may not remove locks for any reason until the system is certified to be safe by a licensed electrician, registered with the city. 1 1. WATER SUPPLY BACKFLOW PREVENTERS All water supply lines must be protected by a backflow prevention device. 12. PERSONAL JUDGEMENTS OF CONDITIONS Matters of personal judgment may be decided by petition. The affected area will extend 5 dock spaces or 100' in each direction of the questioned area. D. PARKING & TRAFFIC 1. ASSIGNED PARKING Each tenant shall be allowed 2 passenger vehicles to be parked within their defined area of 20' or more. 2. GUEST PARKING Guest automobile parking shall be allowed in tenant's space with tenant's permission. A tenant may use automobile parking in vacant slip areas or their guests, if available and on a first come basis. 3. TRAFFIC FLOW At no time shall emergency equipment access be obstructed. 4. PARKING TAGS Each tenant shall be provided with 2 tags to be displayed from the front window rear view mirror and visible at all times. 5. SPEED LIMITS ]0 MPH maximum in all areas. E. CONDUCT I. LAW ABIDING ACTIVITIES Only lawful activities are permitted in the Marina area. 2. COMMON NUISANCES Loud music, rowdiness, and drunkenness shall not be tolerated. After the hour of 12 midnight, a state of quietude shall prevail in consideration of other tenants and residents presiding along Riverside Drive. Failure to cooperate will be considered a sufficient Reason for expulsion from the Marina without refund. 3. HABITUAL OFFENDERS Habitual offenders as defined herein shall be considered sufficient reason for expulsion from the Marina without refund. A tenant who causes three or more recorded complaint responses by the police department or is the focus of three or more recorded petitioned complaints by other Marina tenants will be considered a habitual offender. Three or more violations of any of the tenant rules shall be considered a habitual offender.