HARBORS AND WATERWAYS*
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*Cross reference(s)‑‑Parks and recreation, ch. 58.
State law reference(s)‑‑Authority of city to adopt ordinances, rules and regulations for management, government and use of harbors and waterways under its control, MCL 281.541 et seq., MSA 5.2768(11) et seq.; marine safety act, MCL 281.1001 et seq., MSA 18.1287(1).
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Sec. 38-1. Definitions.
Sec. 38-2. Enforcement of chapter.
Sec. 38-3. Violation penalties.
Sec. 38-4. Harbor regulations.
Sec. 38-5. Operation of open fire apparatus on vessels or docks.
Sec. 38-6. Modification of structures which encroach onto the City Harbor lines.
Secs. 38-7‑‑38-25. Reserved.
Sec. 38-26. Creation.
Sec. 38-27. Members compensation; terms; removal.
Sec. 38-28. Officers; terms; meetings; rules; records.
Sec. 38-29. Expenditures and funding.
Sec. 38-30. Duties.
Sec. 38-31. Property management.
Sec. 38-32. Traffic and safety regulations.
Sec. 38-33. Budget.
Sec. 38-34. Capital improvements.
Sec. 38-35. Liaison with other agencies.
Sec. 38-36. Time limit.
Sec. 38-37. Other conditions.
Secs. 38-38‑‑38-55. Reserved.
Sec. 38-56. Creation of office.
Sec. 38-57. Appointment; compensation.
Sec. 38-58. Accounts and records of damages and encroachments; report.
Sec. 38-59. Report of statistical data.
Sec. 38-60. Use of harbor.
Secs. 38-61‑‑38-80. Reserved.
Sec. 38-81. Creation; membership; terms and appointments.
Sec. 38-82. Meetings; election of chairman; rules; minutes.
Sec. 38-83. Purposes.
Sec. 38-84. Clerical assistance.
Sec. 38-85. Compensation.
Sec. 38-86. Budget.
ARTICLE I. IN GENERAL
Sec. 38-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Harbor means a portion of a lake or other body of water either naturally or artificially protected so as to be a place of safety for watercraft.
Open fires means any outdoor cooking apparatus that utilizes wood or charcoal as a source of a heat.
Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(Ord. No. 778, Sec. 1.0, 3-1-93)
Cross reference(s)‑‑Definitions generally, Sec. 1-2.
Sec. 38-2. Enforcement of chapter.
The harbormaster, police officer, fire department personnel or code enforcement officer may cite any person violating this chapter.
(Ord. No. 778, Sec. 4.0, 3-1-93)
Sec. 38-3. Violation penalties.
Any person who shall violate any provision of this article shall be responsible for a municipal civil infraction and subject to enforcement procedures and penalties as set forth in section 1-16.
(Code 1965, Sec. 9.05; Ord. No. 816, Sec. 13, 2-6-95)
Sec. 38-4. Harbor regulations.
The following is a list of harbor regulations:
(1) Dumping. No person shall throw, dump, deposit, or cause or permit to be thrown, dumped, or deposited any garbage, refuse, or other unwholesome substance, or any stone, timber, rubbish, junk, or similar substance into the waters of the harbor, or into the waters of Lake Michigan, except with a written permit from the building inspector and under the supervision of the harbormaster.
(2) Piles or structures. No person shall drive any piles or deposit any timber, stone, or other substance or structure so as to project above or below the surface of the waters of the harbor or any part thereof, or beyond the established dock lines, without written permission of the city. All piling, timber, stone or other substance or structure so placed or laid without written permission of the city is hereby declared to be public nuisance.
(3) Mooring. No vessel, craft, or float shall be moored or anchored in the harbor or laid up alongside any dock or wharf in such a manner as to prevent the passage of other vessels, craft or floats. The harbormaster shall have the power to remove or order removed any vessel, craft, or float so anchored, moored, or laid up when it is necessary to do so to facilitate the passage of other vessels, craft, or floats.
(4) Abandoned or sunken vessels. No person shall abandon any vessel, craft, or float or allow the same to sink in the harbor. Every vessel, craft, or float which shall be so abandoned or allowed to sink in the harbor is hereby declared to be a public nuisance and may be removed at the owner’s expense.
(5) Bridge interference. No vessel, craft, or float shall be moored, laid up, brought to a stop, or anchored within the harbor so as to interfere with or hinder the opening or closing of any bridge across any of the waters of the harbor.
(6) Striking structures. No vessel, craft, or float shall be so navigated as to collide, strike or come into contact with any bridge, bridge abutment, center pier, or other piles or revetments thereof.
(7) Maintenance of docks, wharves and revetments. Every person owning, leasing, or in possession of premises abutting on the harbor shall at all times keep the wharves, docks, and revetments of such premises in good repair and condition.
(8) Harbor lines. No person owning, leasing or in possession of premises abutting on the harbor shall encroach upon the harbor lines as now established or which may hereafter be established, except as permitted in Section 38-6.
(9) Fastening vessels. No person shall allow or suffer any vessel, craft, or float owned, leased, or in his possession or charge to lie in the harbor insecurely fastened or to drift upon the water of the harbor. The harbormaster shall notify the master, owner, or other person in charge of any such vessel, craft, or float to secure the same without delay. If the harbormaster shall be unable to find the master, owner, or person in charge of such vessel, craft, or float, the harbormaster shall have the power to secure and fasten such vessel, and all expense incurred shall be chargeable to the owner, lessee, or person in possession of such vessel.
(10) Cargo handling. No person discharging the cargo of any vessel, craft, or float, and no owner, lessee, or person, firm, or corporation in possession of any dock or wharf shall permit or suffer any part of such cargo to remain projecting over the front of such dock or wharf after the vessel, craft, or float shall be removed from the wharf.
(11) Name on vessels. No master or person in charge or in possession of any vessel, craft, or float shall operate, navigate, keep, or maintain the same in the harbor unless such vessel, craft, or float shall have a name or distinctive number plainly and conspicuously displayed thereon.
(12) Altering docks, wharves or revetments. No person shall construct or alter any dock, wharf, or revetment within the harbor without first having obtained a permit therefore from the building inspector.
(13) Information to harbormaster. Every person in charge of any vessel shall, upon request of the harbormaster, furnish information as to the owner of a vessel and their address, the kind and amount of cargo, whom consigned to and where shipped from, how long the ship will be in port, and such other information as may be desirable to keep a complete record of harbor activities.
(14) Disturbing the peace. No person within the harbor shall disturb the peace and quiet of any neighborhood or any family or person by loud and unusual noises or by loud, boisterous laughing, singing, howling and screaming; by uttering profane or obscene language; or be guilty of cursing and swearing, threatening, quarreling, challenging, striking or fighting under any pretense whatsoever.
(15) Dangerous vessels. No vessel, craft, or float shall be moored, anchored, or operated in the harbor in a manner or in a deteriorated condition such as to endanger lives or property.
(16) No wake speed. Within the harbor, it shall be unlawful for the operator of a vessel to exceed a slow‑‑no wake speed.
(Code 1965, Sec. 9.04; Ord. No. 890, Sec. 1, 7-16-01)
Sec. 38-5. Operation of open fire apparatus on vessels or docks.
It shall be unlawful for any person to operate any apparatus that utilizes an open fire aboard any vessel that is moored to or occupying a dock situated within the city harbor, regardless of whether the dock is publicly or privately owned.
(Ord. No. 778, Sec. 2.0, 3-1-93)
Sec. 38-6. Modification of structures which encroach onto the city
harbor lines.
(a) Definitions:
(1) Legal nonconforming structure: For the purposes of
this section, a structure encroaching upon the city harbor line, in a violation
of the Section 38-4, and which existed prior to the establishment of the harbor
lines.
(2) Encroachment: The distance of extension of a structure
past the established city harbor line, measured towards the center thread of
the river.
(3) Parcel: For the purposes of this section, a single lot,
a condominium development, or if adjacent lots are owned by the same owner of
record, all adjacent lots under the same ownership.
(4) Average encroachment calculation: A calculation of the
average distance of encroachment of all docks on a single parcel. The
encroachment of a dock that does not extend past the harbor line shall be
valued at zero.
(b) The Harbor Commission may
approve modification in the length, width and location of legal nonconforming
structures which encroach upon the harbor lines under the following conditions:
(1) The Harbor Commission finds that the proposed change
constitutes an improvement to safe navigation and an increase in the width of
the navigation channel.
(2) The encroachment of each and every dock on the parcel shall
not be greater than the average encroachment.
Upon the granting of approval by the Harbor Commission, the Building Inspector shall be authorized to issue a building permit for the parcel.
(Ord. No. 890, Sec. 3, 7-16-01)
Secs. 38-6‑‑38-25. Reserved.
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*Charter reference(s)‑‑Authority in council to create a harbor commission, Sec. 4.15.
Cross reference(s)‑‑Administration, ch. 2.
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Sec. 38-26. Creation.
A city harbor commission is hereby created.
(Code 1965, Sec. 9.02(a))
Sec. 38-27. Members compensation; terms; removal.
The harbor commission shall consist of seven members, six of whom shall be appointed by the council from the citizenry, and one member of the city council to represent the council. All members of the harbor commission shall serve as such without compensation. The term of each appointed citizen member shall be for three years or until his successor takes office. Members may be removed as provided for in the city Charter.
(Code 1965, Sec. 9.02(b))
Sec. 38-28. Officers; terms; meetings; rules; records.
The harbor commission shall elect its chairman from the appointed members and establish such other officers as it may determine. The term of the chairman shall be one year, with eligibility for reelection. The harbor commission shall hold at least one regular meeting each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings and determinations which shall be a public record. Minutes of such meetings shall be submitted monthly to the city council.
(Code 1965, Sec. 9.02(c))
Sec. 38-29. Expenditures and funding.
All expenditures of the harbor commission shall be administered by the city manager and shall be within the amounts appropriated for the purpose by the city council, which shall provide for funds, equipment and accommodations necessary for the harbor commission’s work.
(Code 1965, Sec. 9.02(d))
Sec. 38-30. Duties.
Sec. 38-30. Duties.
(a) It shall be the function and duty of the harbor commission to make recommendation to the appropriate public officials and agencies for the physical development of all waterfront properties located within the city limits of the city. Plans for expansion and new development of waterfront properties which require the approval of the planning commission and/or the city council shall be referred to the harbor commission, which shall forward the plans to the planning commission and/or the city council with its written findings, comments, and recommendations concerning the plans. The harbor commission shall have referred to it all applications submitted to the U.S. Army Corps of Engineers for development within the city and the harbor commission shall submit to the city council, via appropriate public officials, a draft comment and recommendation from the city to the Corps of Engineers concerning the application.
The Zoning Administrator, or the Harbor Commission when requested by the Zoning Administrator, shall review site plans for repair and maintenance of existing structures in and near the water. Repair and maintenance shall only include projects which meet the following conditions:
(1) The structure shall be a legal conforming or legal nonconforming structure, pursuant to the South Haven Zoning Ordinance and the South Haven City Code.
(2) There shall be no change to the length, width and location of the proposed structure, except as provided in subsection 4 of this section.
(3) The replacement material shall be a reasonable substitute for the original material, as determined by the Zoning Administrator or the Harbor Commission.
(4) A reasonable increase in the piling diameter shall be acceptable, as determined by the Zoning Administrator or the Harbor Commission.
(5) The existing structure intended to be repaired or maintained shall not be removed until a building permit has been issued for the repair and maintenance work to replace it.
(6) The Department of Environmental Quality has issued a permit for construction, or the Department of Environmental Quality states in writing that no permit is required for the project, or the Zoning Administrator determines that the project does not require a Department of Environmental Quality permit.
All such approvals by the Zoning Administrator for repair and maintenance projects shall be recorded by the Zoning Administrator in a log, along with the rationale for the approval, and presented to the Harbor Commission.
Repair and maintenance of dock structures shall be defined as including removal and replacement of materials, including complete removal and replacement of the structure.
(b) The Harbor Commission shall, when it deems necessary, propose to the city council ordinances which provide for the use and development of all waterfront properties within the city.
(Code 1965, Sec. 9.02(f); Ord. No. 894, 3-11-02)
Sec. 38-31. Property management.
The harbor commission shall make recommendation to the city manager as to the management of waterfront properties owned or operated by the city and shall, with the concurrence of the city manager and the approval of the city council, establish rules for the use of city-owned waterfront property.
(Code 1965, Sec. 9.02(g))
Sec. 38-32. Traffic and safety regulations.
The harbor commission shall, with the concurrence of the enforcing agency, recommend to the city council ordinances governing traffic and safety on waters within the city.
(Code 1965, Sec. 9.02(h))
Sec. 38-33. Budget.
The harbor commission shall, at the beginning of each year, prepare and submit to the city manager their suggestions concerning the proposed annual budget for maintenance and operation of city-owned waterfront facilities. The harbor commission shall, as deemed appropriate, make recommendation from time to time to the city manager concerning such operation and maintenance.
(Code 1965, Sec. 9.02(i))
Sec. 38-34. Capital improvements.
The harbor commission shall prepare and submit to the city manager, for inclusion in his annual five-year capital improvement plan, its annual five-year capital improvement proposals with respect to city-owned waterfront facilities. The harbor commission, when requested by the city council, shall assist the administration in overseeing the development of approved projects.
(Code 1965, Sec. 9.02(j))
Sec. 38-35. Liaison with other agencies.
The harbor commission shall, when deemed appropriate or when requested by the city council, assist the city in its relations with the U.S. Army Corps of Engineers, the state department of natural resources, U.S. Coast Guard, and other similar agencies concerning matters affecting the Black River and waterfront facilities and in the negotiation and drafting of proposed agreements with such agencies.
(Code 1965, Sec. 9.02(k))
Sec. 38-36. Time limit.
(a) Any approval given by the harbor commission under which work is not started within 12 months or, when such use or work has been abandoned for a period of six months, shall lapse and cease to be in effect.
(Ord. No. 801, Sec. 1, 12-20-93)
Sec. 38-37. Other conditions.
In authorizing the commission may, in addition to the specific conditions of approval called for in this article, attach thereto such other conditions regarding the location, character, landscaping, or such other matters as are reasonably necessary to the furtherance of the intent and spirit of this article and the protection of the public interest and for such other purposes. To insure compliance with such conditions, the commission may require a cash deposit, certified check, irrevocable bank letter of credit, or surety bond.
(Ord. No. 801, Sec. 1, 12-20-93)
Secs. 38-38‑‑38-55. Reserved.
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*Cross reference(s)‑‑Administration, ch. 2.
State law reference(s)‑‑Authority of city to employ a harbormaster with full police powers, MCL 281.542, MSA 5.2768(12).
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Sec. 38-56. Creation of office.
There is hereby created the office of harbormaster, which office shall carry with it the powers and duties usually appertaining thereto and, in addition, the enforcement of this chapter and the powers and duties set forth in this article. The office of harbormaster shall be a division of the city. He shall serve as recording secretary and ex-officio member of the harbor commission.
(Code 1965, Sec. 9.03(a))
Sec. 38-57. Appointment; compensation.
The harbormaster shall be appointed by the city manager of the city and shall serve at the pleasure of the manager. The harbormaster, with the consent of the city manager, shall have the power to appoint one or more deputies to assist him/her in the performance of their duties, such deputies to assume the duties of harbormaster during his absence, disqualification, or illness. The harbormaster shall receive such compensation as may from time to time be determined by the city council. No compensation shall be paid deputy harbormasters.
(Code 1965, Sec. 9.03(b))
Sec. 38-58. Accounts and records of damages and encroachments; report.
The harbormaster shall keep an accurate account and record of all damage to bridges, docks, wharves, and other public property or private property pertaining to the harbor and shall gather information and evidence concerning such damage, the cause thereof, and responsibility therefore, and shall from time to time make a detailed report thereof to the city manager. It shall be the duty of the harbormaster to report all encroachments upon the harbor lines as now established, or which may hereafter be established, and to take such action as may be necessary to prevent such encroachments.
(Code 1965, Sec. 9.03(c))