CITY OF GROSSE POINTE PARK

WINDMILL POINTE PARK MARINA         

 

CITY COUNCIL’S - STATEMENT OF POLICY

 

The City Council of Grosse Pointe Park has established the following policy under which the Windmill Pointe Park Marina shall operate:

 

A.    Most park facilities such as swimming, picnic grounds and sports areas are readily usable by all the residents.  The boating facilities provided in the marina, are usable only by a few residents.  The general facilities usable by all the residents have priority and boating activities must be conducted in such a way as not to interfere with or detract from these general facilities.

 

B.    While the City has appropriated tax funds for marina purposes, and it may appropriate additional tax funds therefore in the future, this is with the expectation that the marina operation will be self-liquidating and tax monies spent thereon will be recovered in full from those making use of the marina.

 

C.    All residents should have an equal opportunity to have a boat well in the marina for a boat owned by them.  In order to insure such an opportunity, wells shall be assigned to persons on a waiting list maintained for that purpose; after a person on the waiting list has been assigned a well for a season, he shall be entitled to a renewal assignment.  Assignments and renewals shall be subject to specific procedures prescribed by the City Manager.

 

D.    Boat wells shall be used in accordance with the rules and regulations as prescribed by the City Manager.  For violation of any such rules, the occupancy will be immediately terminated without refund of fees paid.

 

E.     Charges for the season shall be determined from time to time by the City Council.  For regular permits issued after the beginning of the season, the charge shall be a pro rata part of the full season charge.  The charges for temporary occupancy under transient contract agreement shall be determined by the City Manager or his designee.

 

 

CITY MANAGER’S RULES AND REGULATIONS

 

1.     CONTRACT AGREEMENTS AND CHARGES FOR BOAT WELLS

1.1  No boat well may be occupied without:

a.      a completed boat well contract agreement form

b.     a copy of a current and validated (by the Secretary of State) registration

c.      $100.00 non refundable deposit due by Nov.1 and payment in full by March

15. If payment is not received by due date, then a 10% late fee will

be applied.

d.     non-payment by April 1 will result in well re-assignment.

e.      Boat owners agree to abide by the rules and to indemnify the City against any claim.

 

1.2         Contract agreements will be issued only to person(s) whose principal place of abode is in Grosse Pointe Park.  If the holder of a regular contract agreement ceases to be a resident, such person must notify the Recreation Supervisor and the contract agreement automatically terminates.

 

1.3             A transient contract agreement may be issued by the Supervisor of Recreation whenever there is space available. A nonrefundable payment is due in advance for the well.  A transient well is issued on a day to day basis with a maximum of 3 consecutive days.

 

1.4       The Recreation Supervisor may modify any well to accommodate any unforeseen or unusual circumstances.

 

1.5             If the primary owner transfers his or her ownership, in whole or in part, the contract agreement terminates. 

 

1.6                Subletting, leasing or temporary use of a boat well is strictly prohibited unless approved by the Recreation Supervisor, and then only for one year. Subsequent requests for subletting, leasing or temporary use of a boat well will be denied and failure to place boat in marina will result in immediate termination of boat well agreement.

 

1.7             No boat will be assigned mooring space at the Park Marina which is registered in the name of a corporation or a business.

 

1.8             If the applicant is under age 18, the application must be endorsed by a parent or legal guardian of the applicant, and such parent or legal guardian must also be a resident of the City.  Every such endorsement shall be renewed at the beginning of each season for which a contract agreement is issued.  The person endorsing the application shall undertake to be responsible for the conduct of the applicant and all persons visiting or occupying his boat.

 

1.9             No application may be made by persons under age 16 nor by anyone who, within the preceding twelve months, has had a contract agreement revoked for a material violation of these rules or who, within the preceding six months, has had a contract agreement terminated for an unsatisfactory relationship.

 

2.           WAITLIST

 

2.1             Application for regular contract agreements shall be placed on a waiting list in the order in which they are received. A $10.00 fee will be charged to any new applicant as of January 1, 1999 in order to maintain mailing costs and control the overall size of the wait list. The wait list is a public record open to inspection during office hours.

 

2.2             Boat wells shall be assigned to persons standing highest on the wait list for a well of the size available to accommodate the boat.

 

2.3             If a regular contract agreement is offered to an applicant between November 1 and the 3rd   Friday of March, and the assigned space is reasonably suited to the boat, the applicant has 10 days to either accept the well or to go to the bottom of the wait list. If the assigned space is not suited to the size of the boat, or if the offer is made after March 31, the applicant may elect to be passed over and to keep his place on the waiting list until subsequent offer.

 

2.4             Only one boat well will be allowed per family.  Joint ownership of a boat and well by another member of the same family will be treated as a second boat well and will be forbidden.

 

2.5             Contract agreement holders wishing to change the size of the well, from which they were assigned, may make another application to be placed on the waiting list. However, the contract agreement holder will be allowed to retain his or her original well assignment, with their assigned boat until a well becomes available which will suit another larger or smaller boat.

 

2.6      A Lateral Change List is available to well holders. To be included on this list, well 

           holder must :

1.     Request only the same size well as their assigned well.

2.     Restrict their request well to only one pier.

3.     Must respond within 24 hours when called.

 

4.           RENEWAL OF CONTRACT AGREEMENTS

 

3.1      The preceding year boat well holders (not temporary holders) have the privilege of renewal

            only if the following are met and turned in:

1.     boat well contract agreement form (filled out completely)

2.     a copy of current and validated (by the Secretary of State) registration

3.     $100.00 non refundable deposit due by November 1

4.     payment in full by March 15

 

            After the holders who are entitled to renewal of their contract agreement have been assigned their respective boat wells, all remaining boat wells shall be assigned to applicants highest on the wait list for a well of the size available.

 

3.2             If there are not sufficient boat wells to fill all applications, these applicants shall remain on file and retain their priority for any boat well available thereafter.

 

3.3             The rules in this section are intended to combine the objectives of (1) reasonable opportunity to those who do not hold contract agreements, and (2) reasonable tenure are advised that the City Council or the City Manager may at any time amend these renewal rules in any manner deemed appropriate for the attainment of these objectives.

 

 

4.         HARBOR RULES

 

4.1             The Recreation Supervisor or his/her designees, is the Harbormaster of the marina.  All boats in the marina shall be handled, and all contract agreement holders and guests shall act in accordance with such directions as the Harbormaster may give.  The Harbormaster is responsible to the City Manager.

 

4.2             The marina contract agreement holder and his family are required to exhibit their regular park pass at the park gate for admittance to the marina and other park facilities.  The contract agreement holder is held responsible for the conduct of his guest.  Guests include all persons using, visiting, or occupying a boat with the express or implied consent of the contract agreement holder.  Minors are not allowed on boats after 11:00 p.m. unless accompanied by the contract holder.

 

4.3             Guests who are not residents of the City may be admitted to the park, where the contract agreement holder has made prior arrangements, (submitting a Grosse Pointe Park guest list), for the purpose of going directly to the marina only.  However, guests must register at the park gate when not accompanied by the contract agreement holder.  A boat guest is not entitled to participate in any other park activities unless admitted as a regular guest and the contract agreement holder’s guest card is punched accordingly.

 

4.4             Boats shall be maintained in a safe and seaworthy condition and equipped in accordance with Coast Guard regulations.  They shall be moored and secured in a manner which is satisfactory to the Harbormaster and which will avoid fouling or collision, and when entering and leaving the harbor, they shall be operated in a safe and seamanlike manner. Sailboats are  required to motor in and out of the harbor.  Sailing or refueling in the Harbor is strictly prohibited.

 

4.5             Dogs are not permitted in the park.  Boat owners wishing to bring their dog to their boat may do so providing the dog is on a leash and kept on board for the entire time.

           

4.6      There shall be no living aboard boats in the marina.

 

4.7             The waters of the marina shall not be fouled in any way.  Toilet facilities shall be equipped with holding tanks and must be in compliance with all the laws of the State of Michigan.  No garbage, oil, sludge, refuse matter, sewage or waste  material of any kind shall be thrown, deposited, or permitted to fall in the water or upon the piers, docks or shore areas of the marina.  Siphoning of bilge water using the municipal water supply is permitted  ONLY in case of an emergency.  At all times, when siphoning of bilge water is in use, the boat owner must be in attendance.

 

4.8             It is strictly prohibited to have more than 1 (one) boat moored in the boat well unless carried on the moored boat.  Jet skis, rafts or other water crafts are not allowed in the marina.

 

4.9             The marina shall not be used for any commercial purpose.  There shall not be any taking on or discharging of passengers for hire or any freight carrying of any kind. Signs or displays are permissible with the approval of the Harbormaster.  The boat for which the contract agreement is issued shall be used for strictly private recreational purposes and not for profit and such boats shall not be rented out or chartered, nor in any other way used by others for a consideration.

 

4.10         The contract agreement holder shall not alter or repair the docks or piling in any way, however, they shall notify the Park Maintenance Supervisor of any observed deficiencies in the docks or pilings.  Dock boxes will be allowed providing the following requirements are strictly adhered to:  Must be approved as to location and type by Supervisor of Park’s building and grounds.  Must not be located upon the dock but suspended in the well.  Must have adequate space for placement. Must be uniform in color and size being white and of fiberglass, aluminum, or steel construction.  Size should not be larger that 3’ x 4’ x 3’.

 

4.11         In order to keep a unified look in the marina, well holders will be asked to use only green indoor/outdoor carpeting or white PVC piping to cover their pilings or rub rails. The carpet shall not be fasted with tape of any sort.

 

5.     GENERAL PROVISIONS

 

5.1      Matters relating to applications, contract agreements, assignments of boat wells, waiting list, payment of fees, etc. are handled by the Department of Parks and Recreation  located at Windmill Pointe Park.  Mailing address is:

                                                City of Grosse Pointe Park

                                                15115 E. Jefferson

                                                Grosse Pointe Park, Michigan  48230

                                                ATTENTION: MARINA

            Applicants and contract agreement holders shall file with the Parks and Recreation Office a written notice of any change of address or telephone number.

 

5.2             The boating season shall begin April 15 and end November 15.  Boats shall not be brought to the marina earlier nor kept later than the dates specified.  During the boating season, the hours shall be 7:00 a.m. to 11:00 p.m. as set by the City Council.  No person shall be allowed into the Park before 7:00 a.m. or after 11:00 p.m.

 

5.3.           The City may at any time order one or more boat wells temporarily cleared when required for any public works, special events or other unusual circumstances.  The City will try to provide other mooring space in the marina.

 

5.4             Contract agreement holders will be required to utilize their boat well assignment and have vessel in place no later than June 1 of each year.  Failure to occupy the boat well will result in termination and the well will be reassigned from the existing waiting list.  In case of major boat repairs or acquisition of a boat or replacement boat,  the deadline can be extended to July 1, and not beyond, with a written note given to The Parks and Recreation Marina Supervisor.

 

 

5.5             The issuance of a contract agreement and the payment of fees in advance shall not create the contract agreement holder any vested right or contractual relationship not terminable at the will of the City.  The City may at any time, when it considers the same desirable for the convenience of the City, terminate all or any one or more contract agreements (and in any such case the contract agreement holder shall have the right to go to the head of the waiting list); the City may terminate any particular contract agreement at any time if the City determines that the relationship with the contract agreement holder is not satisfactory; in such termination under this section, the City shall refund to the contract agreement holder a pro rata portion of the contract agreement fee and the City shall, where practical, give one week’s notice of termination.  A contract agreement may be revoked by the City on 24 hours notice and without refund in any case of material violation of any rules or regulations relating to the marina.  A contract agreement shall automatically terminate without refund where the contract agreement holder ceases to own the boat covered by the contract agreement.

 

5.6             Nominee ownership, applications by secret representatives, fictitious transfers or any other artifice or device to evade these rules shall not be tolerated.  The Recreation Supervisor shall remove names from the waiting list, withhold the issuance of contract agreements or revoke issued contract agreements in any case where necessary to preserve the integrity of these rules.

 

5.7             These rules and regulations may be amended, or supplemented at any time by the City Manager or Marina Supervisor and such amendment or supplement shall be effective upon its posting at the City Hall and in three places in the marina area.

 

5.8             Sections 17-30 (a) and (b) and 17-34 to 17-38, inclusive, of the Grosse Pointe Park City Code, are a part of these rules.

 

6.           WATER SERVICE

 

6.1       Water service to the boat wells may be discontinued prior to November 15 due to weather conditions.

 

                                                                                                            Revised Sept. 2003