8-10-5-22. Application of section; annual watercraft fee; watercraft fee decal

IN Code § 8-10-5-22 (2019) (N/A)
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Sec. 22. (a) This section applies to a city that:

(1) creates; or

(2) participates in the creation of;

a port authority created under this chapter that includes a channel that is ordinarily navigable to Lake Michigan.

(b) The fiscal body of a city described in subsection (a) may impose an annual docking fee upon each watercraft that is docked for more than twenty-nine (29) days during a year in waters that are under the jurisdiction of a port authority under this chapter.

(c) An annual docking fee imposed under this section shall be:

(1) not more than seventy-five cents ($0.75) per foot for watercraft of thirty (30) feet or less; and

(2) not more than one dollar and fifty cents ($1.50) per foot for watercraft over thirty (30) feet.

(d) A marina, dock, or port:

(1) located on waters that are under the jurisdiction of a port authority created by a city under this chapter; and

(2) where a watercraft is docked;

shall collect the annual docking fee imposed on the watercraft under this section. Not later than the fifteenth day of each month, each marina, dock, or port shall remit to the city fiscal officer the amount of fees collected under this section during the immediately preceding month.

(e) Annual docking fees imposed under this section by a city described in subsection (a) shall be deposited in the cumulative channel maintenance fund established under section 17 of this chapter.

(f) Upon collecting an annual docking fee imposed on a watercraft under this section, a marina, dock, or port shall issue to the owner of the watercraft a decal that indicates the year for which the fee under this section has been paid.

(g) The decal issued under subsection (f) must be displayed on the watercraft during the year for which the decal is issued. A watercraft that displays a valid annual docking fee decal under this subsection is not subject to:

(1) annual docking fees imposed at other marinas, docks, or ports under this section; and

(2) marina launch fees imposed under section 23 of this chapter.

(h) The general assembly finds that in port authorities that include a channel that is ordinarily navigable to Lake Michigan there exist unique problems related to necessary dredging and cleaning of channels used by boats that operate on the Great Lakes. These unique problems may be alleviated by the authorization of a docking fee under this section.

As added by P.L.60-1992, SEC.2. Amended by P.L.170-2002, SEC.64; P.L.34-2004, SEC.2.