Marine Ordinance/Rules and Regualtions

Harbor Area/Marine Odinance

Sec. 74-21. - Definitions.

• Boyne City Harbor means the bay at the mouth of the Boyne River and extending from the northwesterly point of parcel 051-245-002-00, south, to the extension of Water Street on and extending 500 feet west of a line connecting those two points.
• City marine regulations means the policies, operating procedures, rules and regulations, from time to time, established by the city commission to regulate the use of the municipal piers, docks, launch ramps, and related areas and facilities of the city.
• Launch ramp means a sloping surface that allows a vessel to enter and/or exit a lake.
• Marine facility means any building or property owned or operated by the city for the purposes of activities associated with the harbor, marina, boat launch and/or use of the waters; such as, but not limited to, operating any type of vessel, fishing, or swimming.
• Municipal dock means the space between two adjacent piers and the space alongside any single pier.
• Municipal pier means a pier, dock or wharf built, owned and/or operated by the city.
• Person means an individual, a firm, a partnership or co-partnership, a corporation (public or private), an organization, a trust, a limited liability company, an association (incorporated or unincorporated) or any other entity recognizable as a person under the laws of the state, including the master, owner, pilot or other person in charge or in control of a vessel.
• Swimming area means any area designated as a public beach or swimming area.
• Revetment means a facing added to a structure such as a wall or building that provides additional support
• Vessel means any watercraft, including sailing vessels and watercraft propelled by any kind of motor power, personal watercraft, row boats, canoes, kayaks, scows, pile drivers and dredges.

The singular includes the plural and vice versa.

(Amd. of 4-22-2008, §§ 12.350, 12.351(1)A.—K.)

Editor's note— Amendment of April 22, 2008, § 12.350, repealed § 74-21 in its entirety. Section 12.351(1)A.—K. enacted new provisions to read as herein set out. Prior to amendment, § 74-21 pertained to similar subject matter and derived from Comp. Ords. 1986, § 12-351.

Sec. 74-22. - Violations.

(a) Persons who violate any of the provisions of this article are responsible for a municipal civil infraction.

(b) In addition, if any such vehicle, trailer, or boat is parked in violation of this article for more than 48 continuous hours, the city may immediately remove such vehicle, trailer, or boat and impound the same, and thereafter process such impounded vehicle, trailer, or boat in accordance with the provisions of law or the Uniform Traffic Code, as adopted by the city.

(c) In any proceeding for a violation of this article, proof that the particular vehicle, trailer, or boat described in the complaint was parked in violation of this article, together with proof that the respondent named in the complaint was, at the time of such parking, the registered owner of such vehicle, trailer or boat, shall constitute in evidence a presumption that the registered owner thereof was the person who parked or placed such vehicle, trailer, or boat at the point where, and for the time during which, such violation occurred.

Sec. 74-23. - Powers and duties of the harbormaster.

(a) The harbormaster or his/her designee, under the direction of the city manager or his/her designee, shall have full supervision and control over the movements and anchorage of all vessels within the corporate limits and jurisdiction of the city, subject to the laws of the United States in relation thereto.

(b) The harbormaster shall have the power, whenever the needs of navigation and the rights and safety of persons and property require, to order the moving or change of anchorage or docking of any vessel within said waters; and any person or persons who shall refuse, fail or neglect to comply with such order shall be deemed guilty of a municipal civil infraction and be punishable under the provisions of Ordinance No. A-73.

(c) The harbormaster shall have supervision and control of all municipal docks and piers, marine facilities, and launch ramps subject to the provisions of this article and the city marine regulations adopted by the city commission.

(d) The harbormaster shall have power to and it shall be his duty to seize and remove any vessel moored at any municipal pier, wharf, dock, or area contrary to the city marine regulations or contrary to any order of the harbormaster or other authorized officials of the city. The harbormaster shall cause said vessel to be placed in storage under his control, and the vessel shall not be released until the expense and charges for moving, docking and/or storage are paid, to the harbormaster by the owner or persons lawfully in charge of said vessel.

(e) It shall be his duty to make prompt complaint to the local authorities for any violation of the provisions of this article and aid in the prosecution thereof.

(Amd. of 4-22-2008, § 12.354(4))

Editor's note— Amendment of April 22, 2008, § 12.354(4), repealed § 74-23 in its entirety and enacted new provisions to read as herein set out. Prior to amendment, § 74-21 pertained to harbormaster powers and duties and derived from Comp. Ords. 1986, § 12-354.

Sec. 74-24. - City police.

It shall be the duty of all police officers of the city to aid and assist the harbormaster in the enforcement of the provisions of this article; and such police officers shall, during the absence or inability of the harbormaster, or when so instructed by the city manager, enforce the provisions of this article with like powers and authority as are therein conferred upon the harbormaster.

(Comp. Ords. 1986, § 12.355; Amd. of 4-22-2008, § 12.355(5))

Sec. 74-25. - Rules and regulations.

The city commission may, by resolution, adopt suitable rules and regulations for the control, management and operation of all municipal docks and piers, and launch ramps, including the fixing of rates and charges for the use of the marine facilities thereof, the purposes for which the marine facilities may be used, and the duration of such use, and the kind and location of all signs, posters or notices to be placed regulating use, not inconsistent with the provisions of this article and the laws of the State of Michigan and of the United States. Copies of the then current rules and regulations governing the Boyne City Harbor, launch ramps, and related facilities with current fees shall be kept in the office of the city clerk, harbormaster and the marina.

(Comp. Ords. 1986, § 12.356; Amd. of 4-22-2008, §§ 12.352(2), 12.356(6); Res. of 4-22-2008, § I)

Sec. 74-26. - Vessel speed limits.

It shall be unlawful for any person to navigate or operate, or cause to be navigated or operated, in the city harbor any vessel at a speed greater than a slow/no wake speed, nor at a greater rate of speed than is safe and reasonable under the then existing conditions and circumstances.

(Comp. Ords. 1986, § 12.352(A); Amd. of 4-22-2008, §§ 12.357(7)A.)

State law reference— Reckless operation of vessels, MCL 324.80147.

Sec. 74-27. - Littering.

It shall be unlawful for any person to deposit or discharge, or cause to be deposited or discharged in the waters of the city harbor, or in any waters within the corporate limits of the city, any rubbish, garbage, refuse, offal, sewage, oil or any other foreign material or substance, or to place, deposit or leave, or cause to be placed deposited or left, any such foreign material or substance upon any municipal dock or pier, launch ramp, marine facility, or swimming area in the city limits, except in a receptacle provided by the city or its harbormaster for that purpose.

(Comp. Ords. 1986, § 12.352(B); Amd. of 4-22-2008, §§ 12.357(7)B.)

State law reference— Littering, MCL 324.8901.

Sec. 74-28. - Unloading, loading and refueling vessels.

It shall be unlawful for any person to use any municipal pier, dock or wharf for the purpose of unloading or loading freight, machinery or other cargo, or for refueling any vessel, except such docks, piers or wharfs as are specially designated for such use and purposes; provided that the required permit is first obtained from the proper officials of the city and the city marine regulations, the orders of the harbormaster, or other authorized officers of the city are complied with; provided further, that this provision shall not apply to vessel supplies or provisions other than fuel.

(Comp. Ords. 1986, § 12.352(C); Amd. of 4-22-2008, §§ 12.357(7)C.)

Sec. 74-29. - Docking or mooring vessels engaged in commercial business.

It shall be unlawful for any person to use or occupy any municipal dock or pier or swimming area for docking or mooring any vessel engaged in commercial business or other business for gain or profit, or for the storage of any such vessel or cargo or other material other than as may be permitted by city marine regulations; except those docks, piers or wharfs which are specially designated for such use and purposes, provided that the permit therefore is first obtained from the officials of the city, the city marine regulations and the orders of the harbormaster or other authorized city officials are complied with.

(Comp. Ords. 1986, § 12.352(D); Amd. of 4-22-2008, §§ 12.357(7)D.)

Sec. 74-30. - Anchoring or storing vessels.

It shall be unlawful for any person to use any municipal dock, pier, swimming area or wharf for mooring, docking, anchoring or storing any vessel for a longer period of time than is permitted, or in any other manner contrary to the city marine regulations, adopted and published by the city commission of said city pursuant to the provisions of this article, or to moor, dock or store any vessel without a license or permit, issued under the provisions of this article or said city marine regulations.

(Comp. Ords. 1986, § 12.352(E); Amd. of 4-22-2008, §§ 12.357(7)E.)

Sec. 74-31. - Disturbing official signs, posters or notices.

It shall be unlawful for any person to destroy, mutilate, molest, remove, change the location of, or in any manner interfere with any official sign, poster or other notice of regulatory device placed upon or adjacent to any municipal dock, wharf, pier, swimming area, launch ramp, or marine facility.

(Comp. Ords. 1986, § 12.352(F); Amd. of 4-22-2008, §§ 12.357(7)F.)

Sec. 74-32. - Landing or docking vessels near swimming areas.

It shall be unlawful for any person to land or dock any vessel at any swimming area or to anchor any vessel within 100 feet of such area.

(Comp. Ords. 1986, § 12.352(G); Amd. of 4-22-2008, §§ 12.357(7)G.)

Sec. 74-33. - Speeding near swimming areas.

It shall be unlawful for any person to navigate or operate any vessel in the harbor area or near any swimming area in such a manner or at a rate of speed so as to endanger the lives or safety of persons using such swimming area, or in such a manner as to interfere with the free and proper use of the swimming area and waters.

(Comp. Ords. 1986, § 12.352(H); Amd. of 4-22-2008, §§ 12.357(7)H.)

Sec. 74-34. - Swimming, bathing and diving.

Swimming, bathing, and diving shall be prohibited in the city harbor and at city launch ramps.

(Comp. Ords. 1986, § 12.352(I); Amd. of 4-22-2008, §§ 12.357(7)I.)

Sec. 74-35. - Fishing prohibited.

Fishing shall be prohibited from all docks, piers and finger piers within the city harbor. Fishing shall be permitted from the shoppers dock near the mouth of the river and from the northwesterly point of land north of the city harbor from the location of the floating breakwall to the west and north.

(Comp. Ords. 1986, § 12.352(J))

Sec. 74-36. - Official permit and berth assignment required.

No person shall moor a vessel at a city dock without first obtaining an official permit and berth assignment from the harbormaster, assistant harbormaster or marina attendant. A fee shall be charged from May 15 through October 15 each year for dockage and services of water, waste disposal, electricity and garbage collection. The day period in the permit shall extend from 1:00 p.m. to noon and the permit shall reserve the berth for the vessel for the duration of the permit. Fees will be charged according to rates set annually by the state waterways commission and adopted annually by the city commission. Fees are based on the length of the vessel and include the entire length of the vessel and any extensions protruding from the bow or stern of the vessel.

(Comp. Ords. 1986, § 12.352(K); Res. of 4-22-2008, § I)

Sec. 74-37. - Specific berth assignment to be followed.

No person shall moor a vessel in the berth other than that assigned to the vessel.

(Comp. Ords. 1986, § 12.352(L))

Sec. 74-38. - Observance of signs.

Every person shall observe, heed and obey all signs, posters and notices placed by lawful authority upon or adjacent to any municipal pier, swimming area, marine facility, launch ramp, or revetment for the regulation and control of navigation and for the regulation and control of said facilities.

(Comp. Ords. 1986, § 12.353; Amd. of 4-22-2008, § 12.353(3))

Sec. 74-39. - City launch ramps; North Lake Street and Veterans Park.

The following provisions apply to the city launch ramps located at North Lake Street and Veterans Park:

(Comp. Ords. 1986, § 12.357; Res. of 4-22-2008, § III)

Sec. 74-40. - Violations and penalties.

(a) Any person who violates any provision of this article is responsible for a municipal civil infraction (Municipal Civil Infraction Ordinance 12.600—12.610), subject to payment of a civil fine pursuant to the City of Boyne City Municipal Civil Infraction Ordinance 12.607, as amended, plus costs and other sanctions, for each violation (as authorized by Section 24 of Act 184 of the Public Acts of Michigan of 1943, as amended, the City of Boyne City Municipal Civil Infraction Ordinance, and other applicable laws). Repeat offenses under this article shall be subject to increased fines, as provided by the City of Boyne City Municipal Civil Infraction Ordinance, as amended. Each day on which any violation of this article occurs or continues constitutes a separate offense, subject to separate sanctions. The paying of a fine or sanctions under this article shall not exempt the offender from meeting the requirements of this article. The city's authorized city officials (as defined by the Municipal Civil Infraction Ordinance 12.602 Section 2, as amended) are hereby designated as the Authorized city officials to issue municipal civil infraction citations for violations of this article. A violation of this article is deemed to be a nuisance, per se. In addition to any remedies available at law, the city may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this article.

(b) A violation of any provision of this article that is not defined by the laws of the State of Michigan as a municipal civil infraction or state civil infraction shall be punishable as a misdemeanor, and upon conviction thereof shall be punished by a fine not more than $500.00 or imprisonment of not more than 90 days, or by both such fine and imprisonment. Each day such violation continues shall constitute a separate offense. Nothing in this section shall preclude the city attorney from enforcing this article or abating violations of this article in any other manner provided by law.

(Amd. of 4-22-2008, § 12.358(8))

Sec. 74-41. - Rate adjustments.

The city manager, acting with the approval of the city commission, shall have the right to adjust the fees based on a review of the marina and launch ramp system costs. Such review shall be conducted annually.

(Amd. of 4-22-2008, § 12.358(9))

Sec. 74-42. - Reservation policy.

FOOTNOTE(S):

(35) State Law reference— Marine safety, MCL 324.80101 et seq.; authority to regulate harbors, waterways, etc., MCL 324.79302, 324.80111 et seq. (Back)

Boat Launch Rules & Regulations

Section III – Boat Launch Ramps (North Boyne Launch Ramp located at 525 N. Lake St. and Veterans Park Launch Ramp adjacent to the City Marina)

1. All launch ramp users must pay the daily launch fee which is adopted annually by the City Commission; unless an annual seasonal launch sticker has been obtained and is displayed as directed.  In addition an overnight parking fee is required for each night a vehicle with attached trailer is parked at the launch or other designated parking areas. A payment tube and payment envelopes are located at each launch.  Envelopes shall be filled out completely.

2. Parking at the North Boyne launch ramp in the designated parking spaces is restricted to only vehicles with attached, empty, boat trailers. The parking of passenger vehicles, empty trailers unattached to a vehicle, or any vessel on a trailer is prohibited.  For passenger vehicle parking, see either the launch attendant or marina staff at the municipal marina located in Veterans Park for instruction.

3. Overnight vehicle with attached trailer parking at the Veterans Park launch ramp parking area is not allowed.

4. Overnight parking at the North Boyne Launch is limited to 14 days. 

5. Vehicles with attached trailers must be able to fit within the designated parking spaces.  If your overall length extends beyond the markings, you must make arrangements with the launch attendant or marina staff.

6. Fishing off the launch ramp docks is prohibited.

7. No overnight camping is allowed.

Note:  Chapter 74 Article II Section 74-22 a of the City's ordinance- Persons who violate any of the provisions of this article are responsible for a municipal civil infraction

Marina Rules and Regulations

1. The piers, docks and wharfs of the City are numbered and in accordance with the berthing spaces as shown on the drawing on file in the office of the, City Clerk, Harbor Master, Marina, or designated assistant Harbor Master.

2. All such piers, docks and wharfs are to be used for noncommercial purposes only and for berthing of vessels not engaged in commercial enterprises unless specifically permitted by the City or authorized agent.

3. No person shall moor a vessel at a city dock without first obtaining an official permit and berth assignment from the Harbor Master, assistant Harbor Master or Marina Attendant. A fee shall be charged from opening day through October 15th each year for dockage and services of water, waste disposal, electricity and garbage collection. The day period in the permit shall extend from 1:00 p.m. to noon and the permit shall reserve the berth for the vessel for the duration of the permit. Fees will be charged according to rates set annually by the Michigan State Waterways Commission and adopted annually by the City Commission.

4. The duration of the permit is limited to not more than fourteen (14) days, maximum.  Advance reservations may be made in accordance with the City’s reservation policy (see section II)

5. No person shall moor a vessel in the berth other than that assigned to the vessel.

6. The Harbor Master is authorized to change the assigned berth of a vessel.

7. Check in time 1:00 p.m. / Check out time noon.

8. Permits shall not be required for docking to load or unload passengers or to receive provisions provided the stay is less than two (2) hours and does not interfere with an assigned berth.

9. No permit or fee shall be required of Government vessels when berthing space is available in the judgment of the Harbor Master, but they shall obtain a berth assignment.

10. Over night dockage is not permitted at the shoppers dock located near the mouth of the river. Berthing hours of the shoppers dock is between 7:00 a.m. to midnight.

11. Charcoal burners are not to be used on your boat or on the docks.

12. Pets must be under the control of the owner at all times.  Owners are required to clean up after their pets.

13. Camping on the Harbor Area waterfront is prohibited Exceptions can be made for special events with prior consideration and permission from the City Manager

14. The Harbormaster and attendants reserve the right to move boats or adjust lines when necessary.

15. Quiet hours are observed between 11:00 p.m. and 7:00 a.m.

16. Permitees using the harbor shall be responsible for the conduct of all persons visiting or occupying the boat.

17. Fish cleaning and disposing of fish waste shall be performed at the North Boyne Launch Fish Cleaning Station. This activity is prohibited within the harbor, including all piers and docks.

18. Boyne City Marina is a designated “Clean Marina” and has implemented “Clean Marina Best Practices”.  Marina users shall  not participate is practices that are contradictory to “Clean Marina Best Practices”

19. The Harbor Master is authorized to refuse to grant a permit to anyone who has failed to abide by these regulations, other rules and regulations adopted by the City Commission or the provisions of the Harbor Marine Ordinance

Reservation Policy

1. A two night minimum is required to make advance reservations for Friday and Saturday nights.

2. The rate per night is dependent on the overall length of the boat. (Failure to report the correct length of your boat may result in the termination of your reservation upon arrival or additional fees.)

3. The first two nights stay is immediately charged to your credit/debit card at the time of reservation and will be applied to your balance, if any, at the time of check in.

4. Cancellation notice is required by 9:00 a.m. of the scheduled check in day to receive a refund.  Anything beyond that will result in the loss of your first night’s fee. 

5. Cancellation with the appropriate notice will result in a refund of the charges to your credit/debit card; less a two dollar cancellation fee

6. Boaters arriving by water should radio the marina when approaching the harbor for additional instructions and slip assignment.  (channel 16)

7. Boaters trailering their boats should check in at the marina office, for launch and parking instructions.

8. Boaters arriving any time after 8:00 p.m. on your check in date must contact the marina office before 8:00 p.m. on the day of arrival for any additional instructions and to receive your assigned slip number.

Check in time is 1 p.m. and check out time is 12:00 p.m. (noon)