Section 220.30 Marina Slip
Acquisition
a) Permit Conditions and Procedures
1) All vessels assigned slips must be registered in accordance
with the Boat Registration and Safety Act [625 ILCS 45].
2) No permit will be granted in the name of an organization.
Permittee must be an individual, and evidence of Permittee ownership (full or
partial) or control of the vessel must be presented to the Marina
Administrative Office (M.A.O.). Permittee may be a married couple. In the
event of divorce, documentation of succession will be required by the Marina as
the basis for issuing a new harbor occupancy agreement. Evidence of Permittee ownership
or control shall be:
A) Title or Registration;
B) Bill of Sale or Sales Contract; or
C) Lease Agreement.
3) No permit will be granted until the Permittee demonstrates
proof of liability insurance to cover damage to the Marina, other boats or boat
owners.
4) Permit fees will be based upon the length of the vessel and
lease status (seasonal or temporary). See Section 220.60 (Fees and Charges).
5) Slip applications will be accepted on a "first-come,
first-served" basis pursuant to position on the Applications Wait List
administered by the M.A.O. A deposit must accompany the application. See
Section 220.60 (Fees and Charges).
6) Slip renters must accept the first slip offered, regardless of
location. Refusal to accept the first slip offered shall result in the
applicant's name being moved to the bottom of the list. A refusal to accept
the offered slip the following season shall result in the applicant's name
being removed from the list and the applicant's deposit shall be forfeited to
the Department. (See 30 ILCS 105/5.158.)
7) Slip transfers may be requested by slip holders only. Such
requests will be maintained and serviced pursuant to a Slip Transfer Wait List
administered by the M.A.O. Requests for slip transfers will be given priority
over slip applications from non-tenants as slips become available.
8) All Harbor Occupancy Agreements shall be non-transferable and
shall not be leased or transferred to any other individual.
9) The Department of Natural Resources (Department) shall have
the right to re-assign slip spaces and to move or cause to be moved any vessel
so re-assigned. A Permittee, by applying for and accepting the use of a slip,
shall be deemed to have consented to the re-assignment and movement of his or
her vessel to another slip for the proper operation, maintenance, and repair of
the North Point Marina; or for the convenience of the Department while making
repairs or improvements; and in the case of an emergency (see Section 220.80). Permittee
further consents to the movement of his or her vessel by Departmental
personnel. If, after notice to move the vessel is given by the Department,
Permittee fails to comply with such notice, neither the Department nor any of
its officials or employees shall be liable to and a Permittee waives all claims
for damage to persons and property sustained by a Permittee resulting from the
movement of his or her vessel.
10) Cancellation Provisions
A) By the Department: The Department shall cancel and terminate
any permit upon 10 days written notice to the Permittee for the Permittee's
failure or refusal to comply with provisions of the permit, such as nonpayment
of slip fees; failure to provide proof of ownership or proof of insurance; criminal
violations that endanger life or property; or repeated violations (3 or more)
of this Part or 17 Ill. Adm. Code 110. The Permittee shall not be due any
refund of slip fees paid.
B) By Permittee: The Permittee shall give the Marina office
written notice of intent to vacate. The Permittee shall not be due any refund
of slip fees paid.
C) In the event of sudden unemployment, catastrophic illness, or
similar personal crisis, the slipholder may request a refund of slip fees
paid. With the recommendation of the M.A.O. and approval of the Director, a
refund may be granted in an amount not to exceed 50% of slip fees paid for that
season, if requested by June 1.
D) Removal of Vessel upon Cancellation of Permit: If Permittee fails
or refuses to remove his or her vessel from a slip or end tie by the date of
cancellation or expiration of his or her permit, the Department will order and
cause the vessel to be removed and stored at the Permittee's risk and expense
and retake possession of the slip. Neither the Department nor any of its
officials or employees shall be liable to and a Permittee waves all claims for
damage to persons and property sustained by a Permittee resulting from the
movement of his or her vessel pursuant to this provision.
E) Slipholders who do not occupy their slip may be allowed a
carryover to the succeeding year if a portion of their slip rental has been
paid and if mitigating circumstances exist. If a slip is not rented in the
succeeding year the carryover will be forfeited. Written application detailing
the circumstances of the non-occupancy must be made to the M.A.O. to be
considered for a carryover. Within 30 days the M.A.O. will notify the
slipholder in writing whether the carryover will be allowed. The amount of carryover
allowed will be prorated based on the date the written application from the
slipholder was received in the M.A.O.'s office. Approval is entirely the
M.A.O.'s decision and no appeal will be allowed.
11) In the event of the death of a slip holder, the surviving
spouse or a child of the slip holder shall have the right of first refusal of
the assignment of the slip, subject to the approval of the M.A.O. Approval
shall be based upon such considerations as the survivor's history of compliance
with Department rules and proper utilization of the Marina facilities. If
approval of reassignment is not granted, a prorated refund shall be granted.
b) Slip Renewals
For slip renewal, the Harbor Occupancy Agreement must be
received by the Department no later than December 31, of any given year. If
the Harbor Occupancy Agreement has not been received by that date the slip
shall be vacated.
c) Slip Vacancies
1) Vacancies in slips shall be filled as follows:
A) The vacant slip will be made available to current slip holders
registered on the Slip Transfer Waiting List in order of appearance.
B) If no transfer request fills the vacancy within 5 days, the
slip shall be made available to individuals registered on the Applications Wait
List in order of appearance.
2) Sale of Permittee's Vessel
A) A Permittee may retain his or her designated slip for a period
of 30 days after transferring title or agreeing to sell his or her vessel
provided the Permittee notifies the Department in writing within 5 days after
the date Permittee enters into an agreement for the sale of the vessel and his
or her intent to acquire another vessel. An extension for an additional period
not to exceed 60 days will be granted by the Department upon submission by
Permittee of proof of a contract to purchase or construct another vessel. A
further extension may be granted to commercial operators upon showing of a
contract to purchase a different boat and a delivery date, not to exceed
opening day of the next season.
B) Permittee shall notify the Department in writing within 5 days
of any change of ownership in his or her vessel resulting from a gift, sale,
lease, withdrawal, addition, or substitution of Partners, the sale or transfer
of stock in a closely held corporate owner of the vessel or a change of
officers or directors of a closely held corporation owning the vessel.
C) In the event a slipholder, who has paid in full for the season,
sells his or her boat, the slipholder may request North Point Marina to approve
a new harbor occupancy agreement with the purchaser of the boat for the
remainder of the season. If the M.A.O. approves, the slipholder shall
relinquish all rights to said slip. Such permission shall not extend past the
end of the then current boating season. If the purchaser desires a slip for
the following season, he/she must apply for a slip as a new slipholder.
d) Visiting Vessel Temporary Slip Permits
1) The M.A.O. may provide temporary slip permits to vessels
visiting the Marina. See Section 220.60 (Fees and Charges). Permits shall be
posted on vessels in accordance with instructions issued by the M.A.O.
2) No temporary permit may last longer than 14 days.
3) The M.A.O. may assign temporary use of an already leased slip
under limited slip vacancy conditions. See Section 220.40 (Slip Use).
4) Temporary permits may be renewed for a like period at the
discretion of the M.A.O., based upon the Permittee's compliance with Department
rules and slip availability.
(Source: Amended at 29 Ill.
Reg. 1342, effective January 10, 2005)
 |
TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 220
NORTH POINT MARINA
SECTION 220.40 SLIP USE
Section 220.40 Slip Use
a) Vessel Length
Limitations
1) Vessel
length (length over all – LOA) includes all appendages (swim platform,
bowsprit, anchor chock, etc.). Vessels may be measured by Marina staff in the
slip after occupancy. No vessel having a vessel length (LOA) exceeding 3 feet
longer than the designated slip length will be permitted. Vessels with an
overall length (LOA) less than 5 feet of the slip length will not be permitted
without written permission of the M.A.O. Permission will be based upon maximum
utilization of the Marina facility resources. Violation of this provision will
result in cancellation of the slip assignment.
2) Vessel
Extending Beyond Slip: A vessel shall not extend more than 3 feet beyond the
end of any finger float including but not limited to the vessel's davits,
booms, swingstop, bowsprit or bow pulpit.
3) No part
of any vessel shall extend over the main walkway.
b) Vessel/Slip Occupancy
1) Slips
shall be available for occupancy from April 1 through October 31, weather
permitting. Boats not being stored for the winter season at North Point Marina
must be removed from the Marina by October 31. If boats have not been removed
by October 31, the M.A.O. has the authority to impose temporary slip fees
and/or remove the vessel and charge the owner for cost of removal and temporary
storage fees until the vessel is removed from the site.
2) The
assigned slip must be occupied by a vessel registered to the slip renter within
60 days after notification that the slip is available for occupancy, unless
given written permission by the M.A.O. due to such circumstances as dry-dock
time, unforeseen mechanical problems or unavailability of parts.
3) The
Permittee shall notify the harbor office anytime his/her vessel will be
occupied by any person other than the Permittee or his or her family.
4) No
one under 18 years of age is to stay overnight on any vessel moored in the
Marina without an adult present or without written permission from the M.A.O.
Permission will be based upon such considerations as age of the minors, reason
for the stay, and length of the stay.
5) Slip
holders desiring to live aboard their vessel must make application with the
M.A.O. for liveaboard status of 30 days or more. The M.A.O. may deny or
terminate any application for liveaboard status, based upon such considerations
as violations of Department rules, or safety.
6) The
M.A.O. reserves the right to use permanent slips for transient vessels.
Permanent slip holders shall notify the Marina office if they expect to leave
their slip unoccupied for a period of 48 hours or longer and their expected
date and time of return to the Marina. Transient vessels shall use their own
dock lines and shall not use those of the permanent slip holder. Owners of
transient vessels must vacate the temporarily assigned permanent slip upon
notification by the M.A.O. or on the return of the permanent slip holder's
vessel to the Marina.
c) Tenders:
One personal watercraft, dingy, or yacht tender owned by the Permittee and
regularly used as a yacht tender may be kept in the Permittee's slip. This personal
watercraft, dingy or yacht tender shall not extend into the fairway.
d) Storage
on Docks and Fingers: Nothing shall be stored on the docks and fingers except
in locker boxes provided at each slip. When a vessel is removed at the end of
the season or due to cancellation, the locker box must be cleaned out. Any
items not removed from the locker box shall be deemed abandoned and become
property of the Department.
e) Dock
Modification: There shall be no modification of the dock or installation of
fenders, dock wheels, etc., without written permission by the M.A.O. Such
permission shall be granted if the modification, based upon published marine
engineering standards, does not create a safety hazard, does not conflict with
the Department's Master Management Plan, and is not aesthetically displeasing.
f) Steps:
Any steps used for ingress and egress from a vessel shall not be wider than
half the width of the finger to which the vessel is moored. Positioning of
steps on any dock must be approved by the M.A.O. These steps shall not be used
as a storage locker.
g) Drying
of Laundry: Drying or airing of laundry or apparel on the dock or rigging of
the vessel is not permitted.
h) Commercial
Activity: Subject to availability, all charter boat operators will be assigned
to the commercial harbor. Only Permittees in the commercial harbor will be
permitted to advertise on their boats. No sign of any kind will be permitted
on the docks. Charter boat slip fees will be the same as that for the main
harbor. No one other than licensed Charter Boat Operators shall engage in
charter boat activities. No Charter Boat Operator shall pick up or discharge
passengers in the recreational basin.
(Source: Amended at 29 Ill.
Reg. 1342, effective January 10, 2005)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 220
NORTH POINT MARINA
SECTION 220.50 VESSEL CONDITION AND MOVEMENT
Section 220.50 Vessel Condition and Movement
a) Inspections
Any individual applying for a
permit or having a permit issued thereby impliedly agrees that the Department
may examine his or her vessel at any time without prior notice at reasonable
hours for the purpose of verifying compliance with all applicable rules.
b) Vessel Condition
1) Seaworthiness:
Any vessel moored in the Marina shall be seaworthy at all times and be able to
get underway by its own power. In the event a vessel becomes unsafe or
unseaworthy, the slip permit may be revoked by the Department. The M.A.O.
shall give written notice to the slip holder of those items that render the
vessel unsafe or unseaworthy. The slip holder shall undertake repairs or
refurbishing within 10 days after receipt of notice or such permit will be
revoked. Failure to comply with these provisions shall authorize the
Department to have the vessel removed and to charge the removal and storage to
the Permittee.
2) Vessel
Maintenance: Limited maintenance, such as tune-ups, cleaning and line
replacement of docked vessels in the recreational harbor is permitted during
daylight hours only. Such maintenance activities shall not generate paint
aerosols, dusts, other particles or material which will deposit upon docks,
nearby vessels or other facilities; not produce odors, vapors/gases which will
prove offensive or pose health, fire, or other safety hazards. Extensive
repairs, such as hull repairs, engine overhauls and spray painting, shall be
completed outside the slip area. The use of open flame devices (welding torches,
blow torches, etc.) or electrical welders shall not be permitted without
express permission (based upon safety) of the Department. Only boat repair,
service or other type vendors that have been authorized by the Department shall
be permitted to perform work on any vessel at the Marina. Emergency repairs
may be made at a slip upon written approval of the M.A.O. (see Section
220.80). Any waste products (oil, paint, solvents, etc.) shall be disposed of
only in designated areas.
3) Wrecked
or Sunken Vessels: In the event of a wrecked or sunken vessel, the Permittee
is responsible for marking the accident site, raising the craft and the
disposition of the vessel.
4) Unauthorized
Discharges: Permittee will be responsible for any costs associated with the
cleanup and disposal of unauthorized discharges. Marina management, or its
representatives, may board and inspect any vessel suspected of unauthorized
discharge.
5) Sail
Boat Rigging: All sail rigging shall be tied down while at the slip to insure
against noise being produced by the rigging.
c) Vessel Movement
1) Movement
of vessels within the Marina shall be for the purposes of entering or leaving a
slip, pump out station or fuel dock. All vessels underway in the Marina shall
be under power. Sailing, rowing, sculling or paddling within the Marina is
prohibited.
2) Fueling:
Fueling of vessels can only be done at the designated fuel dock in the Marina.
3) Vessel
Towing: No vessel may be towed into the Recreational Basin without permission
of the M.A.O.
(Source: Amended at 32 Ill.
Reg. 14754, effective August 27, 2008)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 220
NORTH POINT MARINA
SECTION 220.60 FEES AND CHARGES
Section 220.60 Fees and Charges
a) All
fees and charges may be paid in the form of cash, check, money order or credit
card. Transient rentals only may be paid by approved credit card.
b) Slip Rental – Seasonal
1) Slip
rental fees will be based upon slip length or overall length of vessel
(including all appendages), whichever is greater.
2) A
(one-time) $200 deposit must accompany the application for a slip. This
deposit is non-refundable and will be applied to the first year's slip rent.
3) Slip
rental rates are $125 per foot per season for each foot of slip or each foot of
vessel, whichever is greater. Discounts or credits shall be deducted from the
total when such incentives are offered. Amounts and conditions precedent shall
be determined by the Department of Natural Resources based upon economic
conditions and slip occupancy and shall be publicly announced prior to
implementation. Such incentives shall be offered equally to all members of the
class of people to whom the incentives are offered, contingent upon slip
availability.
4) Payment
Schedule: Slip rental is due according to the following schedule:
25% by December
31
25% by February
28
25% by April 30
25% by June 30
5) Rent
will be pro-rated for partial season occupancy by new applicants, based on the
proportion of the season remaining at time Permittee is notified the slip is
available. (Season shall be calculated as June 1 through October 31 for
pro-rata purposes.) There shall be no pro-rata discounting for any vessel
offered a slip prior to June 1. Prorated slip rental will be due in full upon
receipt of a Harbor Occupancy Agreement by the Department.
6) Late
Charges: For payments not submitted by the scheduled due date, a late charge
of 3% of the amount due shall be assessed per month. No boat shall be allowed
initial occupancy of the assigned slip until all scheduled payments (including
late charges) have been made. Any slip rental payment more than 60 days in
arrears shall result in lease termination and boat impoundment.
c) Slip Renting – Temporary
Visiting vessels 30 feet and under
LOA will be charged a minimum daily rate of $40. There will be an additional
per foot per day charge not to exceed $2 for each foot of vessel over 30 feet
LOA. Each seventh consecutive day leased under a temporary permit will be
free. Discounts or credits shall be deducted from the total when such
incentives are offered.
d) Rate Changes
The Department of
Natural Resources reserves the right to change rates.
e) Utilities
Normal utility use is included in
slip rental fees. Excess use (defined as consumption beyond average
consumption of a similar size boat), as determined by the M.A.O., will be
billed at the rate charged Department of Natural Resources by the respective
utilities.
f) Other Fees and Charges
The M.A.O. shall post in a public
place the schedule of miscellaneous fees and charges. Fees may be charged for
such things as replacement of lost parking permits, cables, use of Marina
facilities, collection costs, damage to Marina property, credit card
convenience, and other Marina services necessary to maintain the safety and
operation of the Marina.
(Source: Amended at 29 Ill.
Reg. 1342, effective January 10, 2005)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 220
NORTH POINT MARINA
SECTION 220.70 OTHER REGULATIONS
Section 220.70 Other Regulations
a) Quiet
Hours: Quiet hours from 11:00 p.m. to 7:00 a.m. shall be observed in the
Marina. During this period, no loud noise or instrument producing or
reproducing sound shall be used in such a manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants. The sounding of horns as required
by Marine Rules of the Road is not a violation of quiet hours.
b) Sanitation
and Refuse: All trash must be placed in the provided dumpsters located in each
turnaround. No sanitary or any marine discharge is allowed in the basin. Pump
out stations are provided in the main basin and at the fuel dock. All trash
shall be placed in plastic garbage bags prior to disposing in the dumpsters.
Fish cleaning shall be done at designated areas only. Fish cleaning is allowed
aboard docked vessels provided that all refuse is placed in plastic bags and
deposited in the designated containers, at the fish cleaning station. The use
of red plastic bags is prohibited. Any disposal of fish waste into the harbor
is strictly prohibited.
c) Motor Vehicle Traffic
and Parking:
1) Visitors
will park in the visitors lot only.
2) Permittee
Parking: Access to restricted parking, docks, and bathhouses will be provided
to the Permittee by the M.A.O. Any misuse of these privileges may be cause for
termination of the slip permit.
3) Illegally
Parked Vehicles: Any vehicle in violation of parking regulations may be ticketed
and/or towed at the expense of the vehicle owner in accordance with the
Illinois Vehicle Code [625 ILCS 5].
4) Occupancy
of any parked vehicle in the public areas between the hours of one a.m. and
five a.m. shall be unlawful without written permission from the M.A.O.
displayed in the left front windshield area.
d) Bicycles
and Motorcycles: No person shall roller skate, skateboard, or ride bicycles,
manual or motorized scooters or motorcycles on the docks and gangways within
the Marina or upon the boardwalk.
e) Security
Gates: The security gates to the main piers are not to be blocked open at any
time. Any tampering of the Marina security systems may be cause for
termination of the slip permit. Termination shall be based upon such
considerations as the nature of damages or threat to security. All persons
within the secured area of the Marina shall identify themselves upon request by
Marina personnel.
f) Swimming/diving:
Swimming and diving are not permitted within the protected harbor areas of the
Marina.
g) Fishing:
1) Fishing
is prohibited within the Harbor and from any of its structures or breakwaters, except
at a designated fishing pier or from a vessel berthed in a slip using a pole
and line. No line shall extend into any fairway or maneuvering area.
2) Ice
fishing is allowed when conditions permit between sunrise and sunset from
November 15 until March 15.
A) Ice fishing is permitted
off H and I docks only.
B) Fishing
shelters must bear the name and address of the owner and must be removed by
sunset.
C) Ice
holes may not exceed 12" diameter.
D) Pole
and line fishing only (three poles or tip-ups, with no more than two hooks
each) is permitted.
3) No
wood or charcoal fires are allowed. No open flame on dock structures is
allowed.
4) Pets
must be controlled and on a leash. Owners are responsible for cleaning up after
their pets.
5) All
trash must be discarded in Department designated containers.
6) No
sitting on or using of dock box when ice fishing.
h) Cooking:
No cooking or barbecuing shall be permitted on any dock in the Marina. Cooking
or barbecuing (gas/propane only) shall be permitted on the slip holder's
vessel. Use of charcoal grills or charcoal lighter shall be in Department designated
landside areas only. Used charcoal and ash shall be deposited in Department designated
containers only.
i) Lost and Found: All
found items should be taken to the M.A.O.'s office.
j) Commercial
Activity: No commercial advertising or solicitation is permitted in the
recreational basin. A slip holder may place a single 8½ x 11" For Sale
sign within the vessel. The use of any boat as a demonstrator by a boat dealer
shall be regulated by the vendor regulations which shall be published by the
Department.
k) Tampering
with or boarding other vessels without permission is prohibited.
l) Anchoring:
Except in cases of emergency (see Section 220.80), no boat shall anchor in
North Point Marina waters.
m) Feeding of wildlife is
prohibited.
(Source: Amended at 32 Ill.
Reg. 14754, effective August 27, 2008)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 220
NORTH POINT MARINA
SECTION 220.80 EMERGENCY BOARDING OF VESSELS
Section 220.80 Emergency
Boarding of Vessels
Emergency Boarding of Vessels:
The Department reserves the right to board any vessel in the Marina in the case
of an emergency. The Department reserves the right to determine emergency situations,
based upon threat to persons, property or environment and the immediacy of
necessary action, including immediate vessel removal.
(Source: Amended at 29 Ill.
Reg. 1342, effective January 10, 2005)
| TITLE 17: CONSERVATION
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
SUBCHAPTER a: LANDS
PART 220
NORTH POINT MARINA
SECTION 220.90 WAIVER OF CLAIMS
Section 220.90 Waiver of
Claims
The Department of Natural
Resources is not responsible for personal injury or property damage incurred by
guests, licensees, invitees or trespassers unless caused by gross negligence on
the part of the Department.
|
|
|
|
|
|
