CHAPTER 152

WATERFRONT USE REGULATIONS

152.01    DEFINITIONS. For the purpose of this chapter, the following terms are defined:

1. “Commercial craft” means any watercraft operated in the course of a business or commercial enterprise.

2. “Improved waterfront” means that property abutting the Mississippi River from the north line of North Street extended to the south line of South Street extended.

3. “Passenger craft” means any watercraft used to carry passengers for hire.

4. “Pleasure craft” means any watercraft which is not operated as a commercial craft or passenger craft.

5. “Watercraft” means any board or vessel, regardless of its type or use.

152.02    CLASSIFICATION OF SECTIONS. For the purpose of regulating the use of the improved waterfront on the Mississippi River in respect to the landing and mooring of watercraft, the improved waterfront is divided into the following sections:

1. Pleasure Boat Section, defined as that portion of the improved waterfront located between the north side of Division Street extended to the south side of Valley Street extended and between north of the north line of the Port of Burlington building and the south side of High Street extended.

2. Passenger Boat Section, defined as that portion of the improved waterfront located between the north line of the Port of Burlington building and the north line of Valley Street extended.

152.03    MOORING REGULATIONS.

1. Pleasure Boat Section. No commercial craft or passenger craft may land or moor in the pleasure boat section. No watercraft may moor in the pleasure boat section for a period of longer than twelve (12) hours, without the consent of the City Manager. Mooring in or otherwise obstructing ramps in the pleasure boat section, except as necessary to load or unload watercraft, is prohibited.

2. Passenger Boat Section. Passenger craft shall have mooring preference over all other watercraft, and larger passenger craft shall have mooring preference over smaller passenger craft. Whenever such superior mooring rights are exercised, the operator of the subordinate watercraft shall cause that watercraft to leave its mooring immediately, remaining permissible mooring time notwithstanding. No passenger craft shall moor over twelve (12) hours without the consent of the City Manager. No watercraft may be left unattended by a crew sufficient to move the watercraft, unless that watercraft is presently the subject of a lease with the City.

152.04    MOVEMENT IN EMERGENCY. Whenever circumstances are brought to the attention of the City Manager which, in the opinion of the City Manager, create or in the succeeding twenty-four hours will be likely to create a situation dangerous to life or property or an unreasonable obstruction of the waterfront, any watercraft moored to the improved waterfront shall promptly move from its mooring on order of the City Manager, regardless of the fact that the permissible mooring time has not expired.

152.05    FLOATS.

1. No float may be maintained, kept or moored along the improved waterfront, except in front of leased space by the lessee thereof, for purposes consistent with the terms of a formal lease and subject to a continuing power in the City Manager to order its removal or, from time to time, to order its alteration or restrict its use.

2. No float may be maintained, kept or moored along the improved waterfront without consent of the City Manager.

3. All floats, except such as may be the property of the City, must have the owner’s name, in legible letters at least three (3) inches in height, painted thereon or attached thereto and readable by the public without going on or in such float.

4. No person may moor a watercraft in or to any float without the consent of the owner of that float.

5. Any person landing a watercraft at or in or making any use of a float moored along the waterfront contrary to the provisions of this chapter is guilty of a violation of this Code of Ordinances, provided that there has been placed upon such float a sign to the effect that “This float is illegally maintained, and any person using same will be deemed guilty of a misdemeanor,” with the words “City of Burlington” appended.

152.06    VIOLATION. That a person was the captain, commander or other person in charge of a watercraft shall be prima facie evidence of that person’s control of a watercraft and such person shall be liable for any violation of the provisions of this chapter, including disobedience of orders lawfully made by the City Manager. However, if such captain, commander or person in charge of a watercraft is not present at the scene of a violation, the registered owner of a watercraft in violation shall be liable for violations of this chapter.

152.07    PENALTY. Any person violating any of the provisions of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.14 of this Code of Ordinances.