Mound City Code 437.00
Section 437 – DOCK AND SLIP LICENSES
437.01 Licenses, Docks.
Subd. 1. Docks Defined. For purposes of this Section 437, the term "dock" means any wharf, pier, boat ramp, boat slip, mooring buoy, or other structure constructed or maintained in, upon, or into the water of a lake from publicly owned shoreland.
Subd. 2. License Required. No person shall erect, keep, or maintain a dock on or abutting upon any public street, road, park, or commons without first securing a license therefor from the City in accordance with the provisions of this Section 437.
Subd. 3. License Plate Location. One license plate shall be securely fixed to a licensed dock. The license shall be on the shoreland end of the dock. License plates shall be issued by the Dock Inspector after approval of the license application, shall be maintained by the licensee in its original color, and shall remain the property of the City of Mound.
Subd. 4. Transfers. Dock licenses are not transferable between licensees. All licenses shall be issued by the City to a new licensee in accordance with the provisions of this Section.
Subd. 5. Removal of Docks. Upon expiration of a dock license, the licensee must completely remove the licensed dock and accessory items from public land. Any dock or portion thereof not removed by the licensee will be removed by the City or a designated contractor and all costs of removal will be the responsibility of the last licensee for that dock site. (ORD. #60-1992 - 12-7-92) (ORD. #66-1993 - 12-27-93)
Subd. 6. Watercraft to be Designated. The holder of a dock license shall not permit or allow an undesignated watercraft to be moored or parked at a city dock/slip site. Watercraft that are moored, parked or allowed to be parked at a city dock/slip site must be designated on the dock license application. The applicant must provide the City with proof of watercraft license in the form of a copy of the current DNR Watercraft License or recently applied for Watercraft License for each watercraft, at the time of application. This license must verify that the watercraft is in the name of the site holder at a City of Mound address. If a different watercraft is to be moored or parked at a licensed dock, it must be designated by supplying the same proof of watercraft license to the City before parking or mooring the watercraft at the dock/slip site. Parking or mooring of a non-designated watercraft at a City dock site will result in the imposition of a civil penalty against the holder of the dock license as established in accordance with the provisions of Section 500 of the City Code. Failure to pay the civil penalty within ten days of imposition is a misdemeanor and will result in enforcement under Subsection 437.20. (ORD. 10-2001, 12/8/01) (ORD. 17-2005, 12/4/05)
437.02 Charter Boat Use of Municipal Docks
Subd. 1. Definitions. The following words and terms when used in this section shall have the following meanings:
A. Charter Boat means any boat or watercraft which is used for the transportation of passengers for a fee.
B. Pilot means the person operating any charter boat.
C. Greenway municipal dock means the municipal transient mooring located nearest to the Shoreline Drive and Auditor’s Road intersection and excludes the dockage included in the Commons Program for the Villas on Lost Lake Subdivision.
Subd. 2. Permit and Application Required. No Charter Boat shall be parked, moored, stored, placed, kept or tied up to the Greenway dock without first having secured a Charter Boat License from the City of Mound.
Any person desiring to secure such a permit shall make application on a form supplied by the City. Each application shall state, among other things, his or her name, address, type, size and horsepower of the boat(s) for which the application is made, boat license number(s), maximum number of passengers including crew, and other information as requested in the application form. Each such application shall be accompanied by the annual fee and evidence of insurance.
On an initial application for a Charter Boat License, the applicant shall pay with his or her application, a non-refundable investigation fee, and the city shall conduct a preliminary background and financial investigation of the applicant. The application in such case shall be made on a form prescribed by the State Bureau of Criminal Apprehension and contain such additional information as the City may require. If the City deems it in the public interest to have an investigation made on a particular application for renewal of a Charter Boat License, it shall so determine. If the City determines that a comprehensive background and investigation of the applicant is necessary, it may conduct the investigation itself or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the City that issuance would not be in the public interest.
Subd. 3 Insurance. Each application shall be accompanied by an annual fee and by evidence of liability insurance coverage with a minimum limit of $1,000,000 per occurrence. The policy shall provide that no payment of any claim by the insurance company will in any manner decrease the coverage provided for any other claim(s) brought against the insured or the insuring company. The policy shall provide that no cancellation for any cause shall be made by either the insured or the insuring company without 30 days prior written notice to the City. The policies shall be issued in the name of all partners if the licensee is a partnership and in the name of the corporation of other organization if the licensee is a corporation or other organization. The policy shall name the City as an additional insured, shall be filed with the City Manager, shall be subject to approval of the City Manager as to form and content and shall be issued by companies duly licensed to do business in the State of Minnesota.
Subd. 4. Fee. The fee for the Charter Boat License shall be as established by the City Council as referenced in City Code Chapter 500. The permit fee(s) shall be paid by the applicant to the City at the time the application is submitted.
Subd. 5. Non-Transferability. Permits issued under this ordinance shall be non-transferable.
Subd. 6. Responsibility of Charter Boat Owner. Every Charter Boat owner is responsible for the conduct of its pilots while docking, departing, or doing business at any municipal dock. Any violation of this Ordinance by a Pilot shall also be considered as an act of the Charter Boat owner for the purpose of imposing a penalty under this Ordinance.
Subd. 7. Garbage/Refuse Disposal. Collection and disposal of garbage/refuse is the responsibility of the Charter Boat owner. Garbage/refuse shall not be placed in the public garbage receptacles near the dock, but shall be removed from the premises by Charter Boat owner or designee.
Subd. 8. Alcohol Prohibited. No owner, employee or agent of a licensed Charter Boat which has been issued an "on-sale liquor" or "on-sale wine" license by the Lake Minnetonka Conservation District shall sell, serve, or allow to be consumed any alcoholic beverage while that boat is at the Mound Greenway municipal dock.
Subd. 9. License Required. No Charter Boat can utilize the Greenway municipal docks until all appropriate permits have been procured and copies of all licensed have been provided to the City of Mound. This list includes, but is not limited to, the LMCD charter boat license, LMCD liquor license, and Department of Health food permits. It shall be a violation of this Ordinance to begin Charter Boat operations without first having procured any and/or all involved agency permits.
Subd.10. Issuance of Permit. Charter Boat docking permits shall be issued by the City Manager upon submission of a complete and accurate application, submittal of the required insurance information, and copies of any and/or all involved agency permits, including but not limited to, the LMCD Charter Boat permit, the LMCD liquor license, etc. and payment of the permit Charter Boat license fee by the applicant. The granting of a permit under this Section does not assure the holder of a location on the Greenway Municipal Dock, nor give the holder any priority in usage of the slips on the dock.
Subd. 11. Prohibited Acts. It shall be a violation of this Ordinance for the owner and/or person operating any boat to do any of the following:
A. Dock a charter boat at the Greenway municipal dock without a permit.
B. Dock any boat at the Greenway municipal dock which exceeds any limitations as set forth in a conspicuously posted notice.
Subd. 12. Use and Display of Permit. Holder of valid Charter Boat permits shall be authorized to dock at a specified Greenway municipal dock for a period of not more than 30 minutes at any one time. Permits shall be displayed on Charter Boats in a prominent location.
Subd. 13. Restriction of Hours.. All boating, pedestrian or vehicular traffic at the Greenway municipal dock and adjacent public land and docks is prohibited between the hours of 10:30 PM and 5 AM of the following day. No overnight mooring is allowed.
Subd. 14. Permit Expiration Date. Permits issued under this Ordinance shall expire on December 31 of each year.
Subd. 15. Revocation. Permits may be revoked by the City Council. Grounds for such revocation shall include, but shall not be limited to, any alcohol-related offenses committed by the permit holder or any of his/her agents or employees while operating a charter boat or any other watercraft. (ORD. 12-2006, 7/9/06)
437.03 Registration – Watercraft
Subd. 1. Definitions.
A. Primary Watercraft: First watercraft listed on Dock License Application.
B. Secondary Watercraft: All additional watercraft listed on Dock License Application in excess of Primary Watercraft.
Subd. 2. Registration Required. Except as provided in section 437.10 subd. 12, the holder of a Dock License shall obtain a watercraft registration before parking or mooring any watercraft at the licensed dock. The holder of a dock license shall not keep more than one designated Primary Watercraft at the Licensed Dock. Secondary Watercraft to be moored at the licensed dock must first be registered with the City of Mound Dock Program.
Subd. 3. Declaration of Watercraft. At the time of submitting the annual Dock License Application, the applicant will also register all watercraft that the applicant intends to park or moor at the licensed dock. Required information for all registered watercraft shall be pursuant to 437.01 Subd. 6.
Subd. 4. Registration, Term, Transferability. All watercraft registrations shall be for the same term as the Dock License. If a registered watercraft is removed from the city dock program, the holder of the licensed dock may substitute a replacement watercraft upon payment of the additional fee provided in Subd. 6 of this section.
Subd. 5. Failure to Obtain Watercraft Registration. The holder of a Dock License shall not permit or allow any unregistered watercraft to be parked or moored at the licensed dock, except as provided in section 437.10 Subd. 12. Parking or mooring of an unregistered watercraft will result in the imposition of a civil penalty against the Dock License holder as established in accordance with the provisions of Section 500 of the City Code. The civil penalty will be forgiven if the dock license holder registers the watercraft within 5 business days. If, after such 5 day period, the watercraft is not registered and the watercraft is still moored at the licensed dock the Dock Administration will recommend to the City Manager that the Dock License and any watercraft registrations issued for all watercraft parked or moored at that dock be revoked for the balance of the Dock License year, and that the holder not be eligible to apply for a Dock License for the next following license year. Additionally, no new dock license will be issued following such revocation until all unpaid civil penalties and any delinquent dock program related fees or penalties have been paid in full.
The holder may appeal the notice to the City Manager at any time within 10 days of the date of receipt by serving a written notice of appeal on the City Clerk. Upon such notice of appeal, the City Manager or the City Manager’s designee will conduct a hearing on the matter at a date and time reasonably convenient to the holder, but in no event later than 20 days following the date the notice of appeal is served on the City Clerk. If following the hearing, the City Manager, or
designee, finds that the holder was in violation of the provisions of this section regarding the registering of watercraft parked or moored at Licensed Docks, the City Manager or designate may revoke the Dock License of the holder for the current license year, and may disqualify the holder from applying for or receiving a Dock License for the next following license year.
Subd. 6. Other Preconditions to Registration. In addition to payment of the annual watercraft registration fee imposed pursuant to Section 500 of the City Code, the watercraft registration will not be issued until any additional fee required by the Lake Minnetonka Conservation District has been paid in full.
437.05 Applications for and Issuance of Dock Licenses.
Subd. 1. Separate License Required for Each Dock. Each dock constructed and abutting a public park, commons, or street shall require a license from the City and a license plate to be issued by the Dock Inspector, who shall be appointed by the City Manager. No person shall be issued more than one license in any one calendar year.
Subd. 2. License Application Required. License applications shall be obtained at the City offices. Such applications shall state completely, the following information and such other information as is deemed necessary by the City Manager or the Dock Inspector:
A. Full name of the applicant;
B. Address – Applicant must provide evidence establishing to the reasonable satisfaction of the dock Administration that the applicant is a resident of the City of Mound and resides at the address shown on the application. A current Minnesota Driver’s License or Minnesota Identification Card showing residency at the address may be, but is not necessarily, evidence of residency. Other evidence sufficient to establish residency includes proof that the applicant resides at the address shown on the application in the summer months, that the property is owned by the applicant, and that the property is not occupied during other times of the year by anyone other than applicant or applicant’s family, or both. (ORD 17-2005, 12/4/05) (ORD. 09-2006, 4/9/06)
C. Preferred location of dock on the dock location map of the City;
D. Boat license number and copy of watercraft license for each boat to be moored at said dock; (ORD. 45-1990 - 12-29-90)
E. Such other information as may be required on the application form.
F. The applicant for a license shall sign as a part of the application an agreement that shall guarantee that the applicant will remove the dock and all appurtenances at the expiration of the license. The applicant shall agree that if they do not remove the dock, the City is authorized to have the dock removed and the applicant agrees to pay to the City any and all costs incurred by the City in removing the dock. The applicant also shall agree that if the City removes the dock, the City is authorized to dispose of any materials or parts which are left on public lands or in public waters and the applicant shall forfeit any right or claim to the materials left on the dock site.
Subd. 3. Two Residents may Share a Dock Subject to the Conditions Contained Herein. Where dock permits are shared and issued to two residents entitled to permits of the first and second priority, then the following conditions shall apply:
A. Beginning December 31, 2003, a new Share must have been on the waiting list for at least one year before being eligible to be a Share. (ORD. 09-2003, 9/21/03)
B. That duplicate information (including boat licenses) for each of the licensees be included on the license application;
That each of the licensees retains priority rights to individual dock permits as vacation occurs in the immediate subdivision shoreline. Before a license can claim priority rights they must have participated in the program a minimum of two consecutive boating seasons at the same site. The full boating season requirement is met when the share is added between January 1st and May 31st of the license year. (ORD. 10-2001, 12/8/01)
D, That the fee for each licensee shall be one-half the fee plus a shared dock fee as established in accordance with the provisions of Section 500 of the City Code. by (ORD. 45-1990 - 12-29-90) (ORD. 01-2001, 2/25/01)
Subd. 4. Application Filing. Applications for licenses shall be filed with the Dock Administration at the City offices who shall recommend to the City Council that the license be approved or denied. No license will be recommended or authorized until the Dock Administration determines that the proposed dock complies substantially with the term of all City ordinances. The application shall contain a reminder and/or warning to the applicant that a dock license will not be issued for any dock on public land where the applicant has a correction order
pending concerning a stairway or structure used to access the dock. The license will not be issued until compliance with the correction order has been completed or satisfactory arrangements have been made with the Dock Administration to complete the corrective measures. (ORD. #62-1993, 4/19/93)
No dock license shall be issued to any applicant with past due property taxes, special assessments, civil penalties related to Dock Program, and any other delinquent fees or penalties related to the Dock Program, municipal utility fees, including but not limited to water and sewer bills, and penalties and interest thereon. If said past due obligations are not paid by April 15th of the license year, all dock/slip rights will be revoked immediately. (ORD. 17-2005, 12/4/05) (ORD. 09-2006, 4/9/06)
Subd. 5. Dock Location. No license shall be recommended by the Dock Inspector until he or she shall have first determined that the proposed dock is suitable for the specific dock location/boat size as identified on the official dock location map.
Applications for and Issuance of Dock License. Application for a Non-Abutting Dock Site. Application must be filed with the City on or before the last day of February of each year. Applicants will be notified of whether they have been awarded a license by the first day of May. Selection shall be by lottery in accordance with such process as the City Council shall from time to time determine by resolution. (ORD. 104-1999, 12/18/99)
Subd. 6. Denial of Application. If the applicant has not maintained a previously licensed dock, the Dock Inspector may recommend to the City Council that any existing license be revoked, and the applicant's priorities under this Section 437 be forfeited for the current year and for the next boating season. A dock license will not be issued for any dock on public land where the applicant has a correction order pending concerning a stairway or structure used to access the dock. The license will not be issued until compliance with the correction order has been completed or satisfactory arrangements have been made with the Dock Inspector to complete the corrective measures. (ORD. 62-1993, 4/19/93)
Subd. 7. License Priorities. The following priorities govern the issuance of dock licenses and other dock locations:
aa. Residents owning private lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands. (ORD. 45-1990 - 12-29-90)
bb. Dock site holders who combine on a single dock while continuing to apply for and pay for their separate dock site locations shall each be entitled to return to such separate dock site upon termination of their participation in the combined dock facility and notice to the City of such termination. (ORD. 92-1997 - 12-20-97)
A. First Priority. An abutting owner has first priority for a City designated location within his or her lot lines extended to the shoreline. Docks shall be located in accordance with the dock location map. An abutting residence is defined as a residence whose extended lot lines to the shoreline, fall within the City designated dockable areas as indicated on the Dock Location Map. (ORD. 45-1990 - 12-29-90)(ORD. 17-2005, 12/4/05)
B. Second Priority. A licensee or, if licensee has not applied for a new dock license, the shared owner as shown on the permit application for the preceding year, has second priority when applying for a dock permit for the same location held by the licensee the immediately preceding year. Second priority licensee has no priority of dock locations where a first priority license is in effect.
C. Third Priority. A duly qualified applicant has third priority on locations vacant after the first and second priority applications have been made within the prescribed time limit described in this ordinance. Licenses will be issued to such applicants in the order of application dates. There shall be no third priority where the first and second priorities are in effect. Residents owning private lakeshore within the City which has dockable lake frontage shall have the last priority each year for a dock on public lands.
D. Administration of Priority. The Dock Inspector shall assign all locations to the applicants upon compliance with this ordinance and subject to reasonable conditions and Council approval.
Subd. 8. Application Deadlines. Applications for dock shall be made between January 1 and the last day of February of each year. (ORD. 45-1990 - 12-29-90)
Subd. 9. Late Applications. All applications received on or after March 1 shall be subject to additional late fees as established in accordance with the provisions of Section 500 of the City Code, and will be placed in a third priority category. (ORD. 45-1990 - 12-29-90) (ORD. #53-1991 - 12-23-91)(ORD. 01-2001, 2/25/01)
Subd. 10. New Residents. There will be no late fee charged to new residents who apply after the last day of February of the calendar year in which the resident moves to the City. The regular license fee will be charged and no penalty will attach during that year. (ORD. 45-1990 - 12-29-90)
437.10 Rules and Regulations.
Subd. 1. Dock Location Map Definition. There shall be on file in the City Hall a drawing of the City of Mound that is maintained by the Dock Inspector showing the approved locations of private docks that may be constructed on or abutting public shorelands under the control of the City. Such master plan shall contain the following information:
A. Lineal footage for purposes of establishing dock locations; (ORD. 45-1990 - 12-29-90)
B. Indication of approved dock location scaled to proximity within the property markers; (ORD. 45-1990 - 12- 29-90)
C. Shoreline Types and any restrictions applicable to said locations; (ORD. 45-1990 - 12-29-90) (ORD. #66-1993 - 12-27-93)
D. Minimum spacing between dock locations shall be shown by the dock location numbering system; (ORD. 45-1990 - 12-29-90)
E. Dock location number shall be keyed to listing of licensees and addresses, and the same number shall apply to the same location each year as far as possible;
Access points, and other relevant information as is necessary to review dock locations and to allow the City Council and the Dock Inspector to protect the public lands and public waters; (ORD. 45-1990 - 12-29-90)
Shoreline areas designated for no winter dock storage.
(ORD 45-1190 - 12-29-90)
Repealed (ORD. 45-1990 - 12-29-90)
Subd. 2. Annual Review of Map. Approved dock location maps shall be kept and maintained by the Dock Inspector and shall be reviewed by the Dock and Commons Advisory Commission at least once a year. The Dock and Commons Advisory Commission shall review the dock location map between September 1 and December 31 before each new boating season so their recommended changes may be referred to and considered by the City Council on or before January 15. Maps shall contain all approved dock locations as established by the Council upon the advice and recommendation of the Dock Inspector and Dock and Commons Advisory Commission. Final approval of the dock location map and the number of private dock licenses to be permitted shall be recommended by the Dock Inspector, reviewed by the Dock and Commons Advisory Commission and approved by the City Council. (ORD. 45-1990 - 12-29-90)
Subd. 3. Dock Inspector to Review Application. The Dock Inspector shall determine and approve the location of each permit according to the specifications of the approved dock location map.
Subd. 4. Costs of Erection and Maintenance. Licensed docks shall be erected and maintained by the licensee at his or her sole expense and liability for same. (ORD. 45-1990 - 12-29-90)
Subd. 5. Suspension of Eligible Location. The City Council may suspend a dock location where it appears that a location as established on the dock location map reasonably interferes with the use of public waters or imposes a hardship on property owners abutting on public streets or public commons.
Subd. 6. One Dock Per Family; Apartment Building. No more that one dock shall be permitted for each resident family. An apartment building or multiple dwelling owner shall not apply for dock licenses for his renters or lessees. He or she is entitled to apply for an individual private dock license for himself or herself if he or she is a resident of the City.
Subd. 7. Construction Materials; Use of Car Tires. All private docks shall be constructed of materials specified by the Building Inspector and the Dock Inspector and in accordance with all building codes of the City. The standards for the public health, safety, and general welfare and neither the materials or the workmanship for an approved licensed private dock shall result in docks being located on public lands which are unsightly, unsafe or create a public nuisance. No tire or tires shall be hung or attached on dock posts, dock poles, or on dock hardware of any dock on or abutting public shorelands under the control of the City. (ORD. #40-1990, 1-29-90)
Subd. 8. Inspections - Notice of Non-Compliance - License Revocation. The Dock Inspector or such other officer as may be designated by the City Manager or the City Council, may at any reasonable time inspect or cause to be inspected any dock erected or maintained upon or abutting upon any public street, road, park, or commons, and if it shall appear that any such dock has not been constructed or properly maintained or the area surrounding the dock site is not being maintained in accordance with the application or the license granted therefore, or with the plans or location approved by the Council, or shall it appear that such dock is in a condition that no longer complies with the requirements of this ordinance or other ordinances of the City, the City, by its City Manager or any other officer designated by the City Manager, shall forthwith notify the owner thereof in writing specifying the way or ways in which said dock does not comply with the ordinances of the City, after which said owner shall have ten days to remove such dock or make the same comply with the terms of the City's ordinances and the terms of the application and issuance of the license granted to said licensee. In the event such owner shall fail, neglect, or refuse to remove such dock or make the same comply with the terms of the City regulations within the period of ten days, the license therefor shall be revoked by direction of the City Council or the Dock Inspector and by notice in writing to the licensee, and said notice shall be issued by the City Manager or any other officer designated by him or her. Any appeal will be made in writing and submitted to the City Manager by a certified letter or by personal delivery to the City Manager for his or her consideration. (ORD. 45-1990 - 12-29-90)
Subd. 9. Notice of Revocation. All notices herein required shall be in writing by certified mail, directed to the licensee at the address given in the application.
Subd. 10. Winter Dock Storage. Winter dock storage by permit holders:
Docks may be left in the water during the winter months providing the following conditions are met:
(1) The required dock license for the following year must be applied for and paid by the tenth day of January.
(2) Docks may be partially removed, provided that those sections left in public waters are complete. No poles, posts, stanchions or supports standing alone shall remain in public waters.
(3) Docks must be brought up to the construction standards outlined in this Section 437 within 4 weeks after the ice goes out in the spring of the year (approximately May 15). If the dock does not meet construction standards, the procedures as specified in Subd. 8 of this Section 437 will apply. (ORD. 45-1990 - 12-29-90)
(4) Docks may not be left in the water or on public land if they conflict with the following uses as shown on the dock location map:
(a) Slide area
(b) Snowmobile crossings
(c) Skating rinks
(d) Trails
(e) Road access
(f) Other conditions or circumstances which are determined by the Council to have an adverse affect on adjacent properties.
B. Docks may be stored on commons during the winter months providing the conditions set forth in a.4 above are met along with the following conditions:
(1) Repealed. (ORD 45-1990 - 12-29-90)
(2) Docks may not be stored on commons shown on the dock location map as having topographical conditions that are too steep, or have fragile flora or where tree damage may occur due to tree density or where there is unstable ground.
(3) Docks may be stored only in areas designated for dock permits and as shown on the dock location map.
(4) All storage shall be done in an orderly, compact, and unobtrusive manner.
(5) Docks and associated hardware must be removed from the commons and/or public lands between June 1st and September 1st of each year.
(6) Storage shall be restricted to dock materials, dismantled docks, and dismantled boat lifts.
(7) The Park Commission, City Dock Inspector, and City Council shall review the dock location map each year and designate areas not available for winter storage because of the conditions heretofore stated. (ORD. 45-1990 - 12-29-90)
Subd. 11. Removal Deadline. All private docks abutting any public road, street, park, or commons must be removed from the waters of Lake Minnetonka or other navigable waters no later than November 1 of the license year unless it is a winter approved dock location as shown on the master dock map. (ORD #66-1993 - 12-27-93)
Subd. 12. Docking of Non-Owned Watercraft. Docking of boats not owned by the dock licensee is permitted for a period of up to 48 hours, two times in a calendar year. Docking of boats not owned by the dock licensee is not permitted for a period in excess of 48 hours. The City may check with the State of Minnesota to determine if the boat docked at the licensed dock is owned by the licensee and/or a member of the same household as the licensee. Any boat registered to someone not a member of the licensee's household shall not be docked in excess of 48 hours unless a Temporary Visiting Dockage Permit has been obtained from the City and the fee established in accordance with the provisions of Section 500 of the City Code, has been paid. No more than one Temporary Visiting Dockage Permit may be issued in any calendar year to an individual dock licensee or visitor. All Temporary Visiting Dockage Permits shall contain the State registration number of the boat and shall be limited to 21 days. Any violation of this Section 437 by the dock licensee shall result in the loss or revocation of the dock license unless the City Council shall determine upon evidence submitted by the licensee that there were mitigating circumstances. The City Council may determine that revocation is too severe a penalty and may then condition said license so that any future violation will result in automatic revocation. (ORD. #53-1991, 12-23-91)(ORD. #94-1998 - 1-17-98) (ORD.01-2001, 2/25/01)
Subd. 13. Licenses Non-Transferable. Dock licenses and permits issued by the City are personal in nature and may be used only by the licensee or members of their households. No dock licensed by the City or located on public streets, roads, parks, or public commons may be rented, leased, or sublet to any person, partnership or corporation. If a licensee or permit holder rents, leases, sublets, or in any manner charges of receives consideration for the use of his or her dock, his or her license shall be revoked.
437.12 Regulations for City of Mound Owned Multiple Slip Docks.
Subd. 1. Watercraft Registration Required on City of Mound Owned Multiple Slip Docks. A watercraft must be registered by May 1 of the current boating season for a new/renewal permit to be issued for a City of Mound municipal slip. If a permit is not issued/renewed because of the permit holders’ failure to register a watercraft as required in this subdivision, the permit holder may appeal in writing to the City Manager within 30 days after the refusal by the City to issue/renew the permit. The appeal must specify any reasons for objecting to the City’s decision and any mitigating circumstances or other facts relating to the permit holders’ failure to register a boat. The appeal will first be referred to the Dock and Commons Advisory Commission (DCAC) for review and recommendation. Following receipt of the DCAC review and recommendation, the City Council will hear the appeal at a regular meeting and will consider any written or oral information presented by the permit holder, the public, and the City staff. After consideration of such information, the City Council will affirm or reverse the decision not to issue/renew the permit.
Subd. 2. Use Required. The registered watercraft identified to the slip for which the City slip permit was issued must be moored at the slip no later than June 15 of the boating season for which the permit was issued. If inspection by the City Dock Inspector discloses that the permit holder has not complied with this requirement, the City may revoke the permit by written notice to the holder of the permit. The permit holder will forfeit any fees paid to the City for the slip. The holder of the permit may appeal the revocation. Any such appeal must be filed in writing with the City Manager within 10 days after mailing of the City’s notice of revocation. The appeal must specify any reasons for objecting to the City’s decision and any mitigating circumstances or other facts relating to the permit holder’s failure to register a boat. The appeal will first be referred to the Dock and Commons Advisory Commission (DCAC) for review and recommendation.
Following receipt of the DCAC review and recommendation, the City Council will hear the appeal at a regular meeting and will consider any written or oral information presented by the permit holder, the public and the City staff. After consideration of such information, the City Council will affirm or reverse the decision to revoke the permit. If the decision is affirmed, the City may then issue a permit for the slip to the next qualified person on the waiting list entitled to the slip upon payment of the full fee for the permit.
Subd. 3. Exception to Watercraft Registration or Use Requirement. At any time prior to the expiration of the rights to appeal set forth in Subd. 1 and 2, a person may apply for an exception from the May 1 and/or June 15 registration and use provisions by written application to the City Manager stating the facts, circumstances and hardships which would support the requested exception. If the City Manager or City Manager’s designee determines that there are circumstances which would create undue hardships for the permit holder if the May 1 and/or June 15 provisions are strictly enforced, the City Manager or City Manager’s designee may grant an appropriate exception to the permit holder. The exception may be limited to a specific watercraft and may be subject to time limitations or other conditions as may be imposed. The findings of the City Manager or City Manager’s designee will be presented in writing to the Docks and Commons Advisory Commission.
Subd. 4. Voluntary Suspension of Permit. A permit holder, or a person entitled to a new permit, may voluntarily suspend the right to such a permit for one boating season or part thereof by written notice to the City prior to June 15 of the boating season for which the permit is to be issued. The City may sublet the space to the person with the highest priority on the waiting list for that type of space for that boating season, or a specified portion thereof. If such written notice is given prior to June 15 of the boating season in question, the original permit holder will then be entitled to renew the permit for the following year and the person who sublet the space will be returned to the same priority on the waiting list. Any person who is entitled to a permit and who does not comply with the provisions of subdivisions 1 and 2 of this section, and who does not obtain an exception under subdivision 3 of this Section, or does not, before June 15, provide the written notice of voluntary suspension, will lose all rights to the permit and all rights to any priority on the waiting list for that type of space. No person shall be allowed to voluntarily suspend the right to either a new permit or renewal of an existing permit for two consecutive boating seasons. (ORD. 10-2001, 12/8/01)
437.15 Maximum Dimensions, Prohibited Design of Docks. Docks for which a license is required by this Subsection 437.15 shall not be less than 24" wide or more than 48" in width with the exception that one 72" x 72" section is allowed on L, T, or U shaped docks provided that this configuration be limited to a setback of 10 feet from private property and shall not infringe on an adjacent dock site. Docks shall not exceed 24 feet in length except where necessary to reach a water depth of 48", using Lake Minnetonka elevation levels of 929.40 feet above sea level. Channel docks, where navigation is limited and docks must be installed parallel to the shoreline, cannot be less than 24" wide or more than 72" in width. The length shall be limited to a setback of 10 feet from private property or not to infringe on an adjacent dock site. Docks shall be of plank or rail construction. Dock posts shall be of equal height above the dock boards and shall be at least two rail construction and constructed to comply to standards and specifications approved by the Dock Inspector. All docks shall be built or placed with the longitudinal axis thereof perpendicular to the shoreline unless variations otherwise may be permitted in accordance with the conditions of the area. Docks which are in existence June 1, 1989, shall be brought into compliance with all provisions of the City Code when expansion or modification is requested, or replacement of 50% or more of any such dock that is damaged, destroyed, or deteriorated. (ORD. #38-1989 - 1-2-90) (ORD. 45-1990 - 12-29-90) (ORD. #66-1993 - 12-27-93)
437.16 Exceptions. The City Code may grant exceptions to the provision of Subsection 437.15 in instances where the Council finds that the exception is necessitated due to unusual circumstances; and if granted, would not have a detrimental impact on the public safety or welfare. The City Council may condition any exception upon such conditions as the Council shall in its sole discretion, deem appropriate. The exception and any conditions imposed on its granting will be shown on the dock license. Any violation of the conditions imposed shall result in the revocation or non-renewal of such license. (ORD. #89-1997 - 10-18-97)
The Council may refer any request for exception to the Dock and Commons Advisory Commission for review and comment prior to taking action. (ORD. #89-1997 - 10-18-97)
437.20 Penalties. Any person or persons who shall violate any of the prohibitions or requirements of this ordinance shall be guilty of a misdemeanor. In addition to any criminal penalties as above provided, the City Council may remove or cause to be removed any dock erected without a license a required by this Section 437, or where any license has been revoked as provided by this Section 437. Removal of unlicensed docks or docks which fail to comply with the City Code will be at the expense of the owner or licensee. No person convicted of violating City ordinances relating to docks will be issued a dock license for the present or for the next boating season, and said person forfeits any priorities set forth in this Section 437.
437.25 License Fee. The annual license fee shall be established in accordance with the provisions of Section 500 of the City Code. (ORD. #53-1991, 12-23-91)(ORD. 01-2001, 2/25/01)