City Ordinance Chapter 106 - Waterways

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                                                   Chapter 106

                                              WATERWAYS*

                                            Article I. In General
                   Secs. 106-1-106-30. Reserved.


                                         Article II. Muskegon Lake
                   Sec. 106-31.   Special anchorage area.
                   Sec. 106-32.   No wake speed zone for Muskegon Channel.




*State law reference-Watercraft and marine safety, MCL 324.80101 et seq.



                                                    CD106:1
                                                 WATERWAYS                                           § 106-32



          ARTICLE I. IN GENERAL                            (f) An initial fee in the amount established by
                                                        resolution shall accompany the first application
Secs. 106-1-106-30. Reserved.                           for a mooring area. Annual renewal permits may
                                                        be obtained for the fee established by resolution.
                                                        Upon receipt of a permit, the applicant shall be
      ARTICLE II. MUSKEGON LAKE                         responsible for the following:
                                                            (1)   The applicant shall construct and/or relo-
Sec. 106-31. Special anchorage area.                              cate his mooring in such a manner that it
   (a) The city, upon approval of the U .S. Army                  shall maintain its position in the assigned
Corps of Engineers, shall assume the responsibil-                 mooring area. The buoy shall be placed at
ity for the licensing and regulation of the place-                the center of the assigned mooring area.
ment of privately owned mooring buoys in the                (2)   The buoy shall be permanently marked
special anchorage area of Muskegon Lake.                          with the mooring area number in letter-
                                                                  ing at least three inches high so as to be
   (b) The special anchorage area shall be divided                clearly visible.
into individual mooring areas in accordance with
a plat on file in the office of the city clerk. Each        (3)The permit holder shall be solely respon-
individual mooring area shall be designated by                 sible for the buoy's maintenance and loca-
number as shown on such plat.                                  tion.
                                                        (Code 1975, § 13-1; Code 2002, § 106-31)
   (c) All persons desiring to place or maintain a
private boat mooring buoy in the special anchor-        Sec. 106-32. No wake speed zone                  for
age area shall first obtain a permit at the office of                Muskegon Channel.
the city manager, city hall. Permits shall be valid
for the calendar year in which they are issued.           (a) This section is adopted in accordance with
Applications may be filed on or after the first         Regulation No. 61-Muskegon County, of the state
business day of each year. Permits shall be issued      department of natural resources, being WC-61-99-
for individual mooring areas by designated num-         001 Muskegon Channel: Slow-No Wake Speed.
ber. Those persons having private mooring buoys            (b) On the waters of the channel which begin
in place within the special anchorage area at the       at the North Pier inner light and the Muskegon
time of adoption of this section may apply for a        Lake light horn and end at the North Pier outer
specific individual mooring area by number which        light, all within section 28, town 10 north, range
most closely corresponds with the existing loca-        17 west, in the city, it is unlawful for the operator
tion of their mooring buoy. Insofar as practical,       of a vessel to exceed a slow, no wake speed.
the city will assign individual mooring areas so as
to cause a minimum relocation of such buoys.               (c) The boundaries of the area described in
                                                        subsection (b) of this section shall be marked with
  (d) The city will accept applications from those      signs and with buoys. All buoys must be placed as
presently having a permanent private mooring            provided in a permit issued by the state depart-
buoy in place and those adjacent property owners        ment of natural resources and be in conformance
who wish to establish a permanent mooring.              with the state uniform waterway marking sys-
Mooring areas that remain vacant or unassigned          tem.
will be available to new applicants.
                                                          (d) Pursuant to the authority found in MCL
   (e) Upon application, renewal permits will be        324.80171, any person violating this article shall
issued to previous holders where change of own-         be guilty of a misdemeanor.
ership or location is not involved. Mooring areas       (Code 2002, § 106-32; Ord. No. 1195, 8-10-1999)
that have not been used during the previous year
shall be vacated and made available to new ap-
plicants, except where moor damage or repair to a
boat required vacation of the mooring for the year.


                                                  CD106:3

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