Mound City Code 435.00

Section 435 – COMMERCIAL BOATS

435.01 Definitions. The term "motor boat" as used in this Section 435 shall include any watercraft of any type whatsoever and propelled by motor; "passenger" as used in this Section 435 shall mean any human being; "hire" as used in this Section 435 shall mean the asking or receiving of compensation in the form of money, good, or thing of value; "transportation" as used in this Section 435 shall mean the moving of any human being from one place within the limits of the City of Mound or from the shoreline of Lake Minnetonka within the City of Mound to another place either within or without the City limits of Mound, or offering to do so.

435.05 Transport License Required. No person shall engage in the business of transporting persons for hire by motor boat within the limits of the City of Mound or upon the shoreline of Lake Minnetonka within the City of Mound or from the shoreline of Lake Minnetonka within the City of Mound without first having received a license therefor as hereinafter provided.

435.10 Tow License Required. No person shall engage in the business of operating or shall operate any motor boat within the limits of the City of Mound upon or from the shoreline of Lake Minnetonka within the City which said motor boat shall tow or pull any person or persons upon water skis, surf boards, or other device in cases where such motor boat is operated for hire or where compensation in the form of money, good, or things of value is asked or received from the person so towed or pulled either for the act of so towing or pulling or for instructions or lessons in the riding, handling, or operating of such motor skis, surf boards, or other devices without having first received a license therefor as hereinafter provided.

435.15 Application Form. Application for such license shall be made to the City Clerk in such form as shall be approved by the City Council. Such application shall give such information as to the licensee and the proposed business as the Council may desire.

435.20 Approval by Council. The said application shall be presented to the City Council and the license shall be granted if the Council deems such person a responsible party and does not believe that the granting of such license shall be detrimental to the public welfare or constitute a nuisance.

435.25 License Term, Non-Transferability. Licenses granted under this Section 435 shall be for the term of one boating season, provided that all such licenses shall expire on the first day of April in each year. Licenses shall not be transferable with respect to either the name of the licensee or to the boat license. No license fee for a license issued hereunder shall be refunded or prorated for any reason, including discontinuance of use.

435.30 Conditions of License. Any license granted hereunder is subject to the condition that all boats shall operate in a quiet and orderly manner in compliance with state law, and subject to the rules as to hours of operation and general regulations established by the Council by ordinance or resolution from time to time.

435.35 License Fee. Every application for a license under this Section shall be accompanied by fees as established in accordance with the provisions of Section 500 of the city Code. Upon the granting of any license hereunder, said fees shall be transmitted by the Clerk to the City Treasurer and credited to the general fund. If the license is denied, the fee shall be returned to the applicant. (ORD. 01-2001, 2/25/01)

435.40 Inspection. The Council may cause the Chief of Police or other employee on behalf of the City to thoroughly and carefully examine each boat herein before a license is granted to operate the same. No boat shall be licensed that is not in a thoroughly safe condition for the transportation of passengers. Inspection and tests of boats hereunder may be ordered by the Council from time to time as it may deem advisable, and the Council shall maintain a constant vigilance to see that all such boats are kept in fitness for public service.

435.45 Insurance policy. Before a license shall be delivered hereunder, or shall be deposited with the City Clerk, a policy or policies of an insurance company or companies duly licensed to transact such business in this state, insuring the operator of any such boat to be licensed against loss from liability imposed by law for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance, or use of any boat to be owned or operated under such license and agreeing to pay to any judgment creditor to the extent of the amount specified by reason of such liability. The policy or policies shall be approved by the City Attorney as to form and compliance with this Section 435. The limit in any such insurance policy or such liability of the insurer on account of the ownership, maintenance, and use of such boat shall not be less than $100,000.00 for bodily injuries or death of one person and $300,000.00 on account of any one accident resulting in injuries to and/or death of more than one person, and a total of $100,000.00 liability for damage to property of others arising out of any one accident. Each such insurance policy shall contain a provision that the insurance company shall give the City Clerk 30 days notice of cancellation by registered mail. The form of and sufficiency of such policy and the surety thereon shall be subject to the approval of the City Council.