Rules & Regulations Governing Docks, Watercraft and Boat Motors


TABLE OF CONTENTS

  1. Purpose
  2. Scope
  3. References
  4. Definitions
  5. Procedures
  6. Inspections
  7. Enforcement of Rules and Regulations
  8. Liability
  9. Annual Assessment Delinquency
  10. Severance
  11. Amendments


1. PURPOSE

The Lake Waukomis Association, as manager of Lake Waukomis, located in Platte County, Missouri, does hereby promulgate the following regulations governing the placement of docks, pontoon boats, all other watercraft, and boat motors upon the waters of Lake Waukomis in order to best promote the interest of the Lake Waukomis property owners.



2. SCOPE

It is the responsibility of dock and boat owners to maintain their docks and boats in accordance with these rules and regulations.



3. REFERENCES

The Handbook of Missouri Boating Laws and Responsibilities.

The City of Lake Waukomis Building codes.



4. DEFINITIONS

The following terms and phrases shall be held to have the following meaning as used in these rules and regulations:

  1. The term “Association” shall mean the Lake Waukomis Association, a not-for-profit corporation organized under the laws of the State of Missouri.

  2. The term “Board” shall mean the Board of Directors of the Lake Waukomis Association.

  3. The term “dock” shall include floating docks, stationary docks and any structure and /or accessories attached to a dock.

  4. The term “watercraft” shall mean any craft normally considered a boat or of boat design, possessing keel, hull and gunwale, including but not limited to an open rowboat, partially or fully covered runabout, pontoon boat, deck boat, fishing boat, sailboat, canoe, paddle boat, and /or kayak.

  5. The term “Dock Placement Committee” or “Committee” shall consist of at least one Board member and any other members of the Association as approved by the Board. The approval and location of docks on Lake Waukomis shall be the duty of the Dock Placement Committee.

    Property owner must first contact Dock Committee to view proposed Dock location. Temporary Dock Placement Permit — Dock Owners Maintain Seawall etc.



5. PROCEDURES

  1. DOCKS

    1. PLACEMENT & PERMITS

      1. When a property (lot) owner is seeking a location for any dock, they must first contact the Dock Placement Committee to view the proposed location. If the location is approved, the property owner will receive an application from the Committee to obtain a Temporary Dock Placement Permit from the City Clerk. The application must be submitted with applicable fees to the City Clerk within thirty (30) days of receiving the application. If the City Clerk does not receive the application and applicable fees within thirty (30) days from issuance, the application becomes null and void.

      2. Upon issuance of the Temporary Dock Placement Permit, the following time frames apply to placement of dock:

        1. A new dock must be placed upon the waters within ninety (90) days or prior to the sale of the home.

        2. If purchasing a used dock, the placement must occur within sixty (60) days or prior to the sale of the home with dock.

        3. If switching docks with another owner, the placement(s) must occur within sixty (60) days or prior to the sale of either home with dock.

        4. If the time frames are not met as specified, the Temporary Dock Placement Permit becomes null and void and all fees surrendered.

      3. If constructing a new dock or rebuilding fifty percent (50%) or more of a present dock, a Building Permit must be obtained prior to construction. The Dock Placement Committee and the City of Lake Waukomis Building Inspector (if applicable) shall inspect the applicant's dock prior to giving final approval for placement of the dock.

      4. The Dock Placement Committee will review the placement and/or transfer of docks to insure that all guidelines and location have been met.

      5. Temporary Dock Placement Permits shall remain in effect until revoked as provided herein. The Board may in its absolute discretion grant or refuse any applications for a Temporary Dock Placement Permit, and revoke or modify any permit previously granted.

      6. Temporary Dock Placement Permits are non-assignable or transferable. Temporary Dock Placement Permits do not establish easement rights.

      7. The Dock Placement Committee shall have the authority to issue Temporary Dock Placement Permits only to applicants who own title to one or more building lots in the Lake Waukomis subdivision and are in good standing with the Association.

      8. The Dock Placement Committee shall issue no more than one Temporary Dock Placement Permit for a dock per building lot or residence unless authorized by the Board.

      9. The Dock Placement Committee shall grant a first-tier property owner whenever possible, a Permit to place a dock within their lot boundary. The Committee shall upon application by a second-tier property owner, grant them a Permit to place a dock at a point close to the owner's lot, if space is available.

      10. The owner of any dock who shall place or maintain the same upon the waters of Lake Waukomis shall be deemed to agree to the determined placement of the dock and maintenance and safety requirements pertaining to said dock. Dock owners shall also accept the responsibility to properly maintain the seawall and to help keep the lakefront clean and mowed.

      11. Any dock being relocated or moved must conform to the current dock specifications, including size, etc.

      Dock fees — Right to retain current placement of Dock — Temporary Dock Placement Permits

      Flotation — Size & Spacing — All Docks must be Maximum of 10'x 12' by 2020 etc.

    2. FEES

      1. An annual placement fee of thirty-five dollars ($35.00) per each Temporary Dock Placement Permit will be assessed and payable on March 1st of each year.

      2. A delinquent fee of ten dollars ($10.00) per month (maximum of 3 months) shall be assessed, in addition to the annual placement fee, if the annual placement fee has not been paid in full by March 31st. The delinquent fee will be assessed on the first of each month (April 1st, May 1st, June 1st).

      3. If a Dock owner still has not paid the annual placement and delinquent fees by June 30th, the Board reserves the right to take actions as outlined in Section Seven (7) below.

    3. RIGHT TO RETAIN DOCK PLACEMENT WITH SALE OF HOME

      In the event of the sale of a home and a dock together, the new owner of the home and dock has the right to retain the current placement of the dock. It is the responsibility of the new dock owner to obtain a Temporary Dock Placement Permit within ninety (90) days of the closing date of the sale.

    4. SPECIFICATIONS

      All docks placed or maintained upon the waters of Lake Waukomis require Temporary Dock Placement Permits, and shall conform to the building codes and zoning ordinances of the City of Lake Waukomis, Missouri and rules and regulations as prescribed by the Board of Directors for the Lake Waukomis Association. Unless a specific exemption is granted by the Board of Directors of the Association all docks shall:

      1. Have a minimum space between docks of twenty feet (20').

      2. Be a maximum dimension of ten feet by twelve feet (10' x 12') with the shorter dimension being parallel to the shoreline. Docks must be built and moored in a manner to hold its position in high-wind conditions. Docks that are smaller than ten feet by twelve feet (10' x 12') will require a waiver from the Dock Placement Committee.

      3. Require any existing oversize dock that needs repair or reconstruction to the entire perimeter (all four outside boards), or of fifty percent (50%) of the dock, the dock must be reduced to the maximum size of ten feet by twelve feet (10' x 12'). All oversized docks must be reduced to the maximum size of ten feet by twelve feet (10' x 12') by July 1, 2020.

      4. Require any existing dock that does not have the shorter length parallel to the shoreline must be turned to have the shorter dimension parallel to the shoreline by July 1, 2020.

      5. Have sufficient flotation devices to float on an even keel. The minimum clearance from the water level to the bottom of the sideboards (rim) of the dock shall be four inches (4”). All new docks must use encapsulated float devices. Replacement flotation devices must be either encapsulated floats or Styrofoam billets (logs). White polystyrene bead molded forms, steel or other corrosive metal drums, tires, or barrels will not be allowed.

        Railings — Lot & Block #'s — Mooring Dock — No Permanent electricity — Paint & Stain etc.

      6. Not have railings on docks that exceed forty-two inches (42") in overall height from the floor of the dock and shall not have railings which are enclosed with lattice or fencing material. Lattice, webbing or any other material may not be attached to extend below the bottom of the outside (rim) boards.

      7. Not have any items or structures (with exception of railings) built or placed above the surface of the dock unless approved by the Dock Placement Committee prior to being built or installed.

      8. Not have any tires or tire parts placed upon or on docks.

      9. Be identified by lot and block number with characters of no less than 2 inches (2") and no more than 4 inches (4") in height and in contrasting colors, which are placed conspicuously on the lake side of the dock.

      10. Be mechanically sound to safeguard against tearing asunder, capsizing or collapsing and otherwise be seaworthy.

      11. Have a walkway hinged to the dock, which shall not exceed four feet (4') in width or twelve (12') feet in length.

      12. Be securely moored by the slip joint and pipe method or by cables, provided such cables are consistent with Parkway Rules. A dock may be attached or anchored to seawalls only by the current seawall owner's permission.

      13. Not have permanent electrical connections placed upon them. No permanent electrical power shall be brought to or beyond the lakeshore (parkway). No temporary electrical power or connections shall be brought to or beyond the lakeshore (parkway) in a temporary manner (extension cord) unless it is connected through a ground fault interrupter (GFI) mechanism on the shore that meets IBC electrical code.

      14. Not make any modification of any existing dock, without having a current Temporary Dock Placemat Permit and obtaining prior permission from the Dock Placement Committee. In some cases, a building permit may be required (example: structure change).

      15. Require each dock and its walkway to preferably be one color, white or natural wood. CCA is considered a color; outdoor carpet is also considered a color. Other colors may be substituted for white provided the color is approved by the Dock Placement Committee in writing before it is applied to the dock and the dock otherwise conforms to paragraph [r] below regarding safety reflectors. The Temporary Dock Placement Permit must designate the color.

      16. Allow any natural wood such as cedar, CCA treated, redwood, composite material, or cypress, to be stained or sealed.

      17. Require in the event of repairs, that the repaired section must be of the same color as the rest of the dock.

      18. Require any dock of a color other than white to have at least four (4) safety reflectors securely attached not more than six inches (6") from the outside corners of the dock that face the lake. The safety reflectors must be red or amber and be a minimum of three inches (3") in diameter and visible to approaching watercraft. Reflective tape is not acceptable.

    5. APPEARANCE

      Docks shall be kept clean, neat in appearance (includes removal of animal or fowl waste), in good condition and seaworthy at all times. Any dock that has become deteriorated, in poor condition, unsightly, or not seaworthy shall be subject to Section Seven (7).

  2. WATERCRAFT

    1. LICENSING, MARKINGS & INSPECTION

      1. All watercraft placed on Lake Waukomis must visibly display a license sticker showing license application and applicable fees has been made. License stickers are obtained from the City Clerk. This license sticker shall be placed conspicuously at the starboard bow of the watercraft.

      2. All watercraft must be marked both port and starboard on the bow with block letter and lot number. The numbers and letters shall be in block form with characters 2 inches (2”) to 3 inches (3”) high and a color which will contrast with the background and so inscribed and maintained as to be clearly visible and legible at all times.

      3. All watercraft, boat trailers, and motors shall be inspected for Zebra Mussels prior to being placed in the lake. Contact information for inspections can be found at the spillway entrance.

      4. All watercraft and motors shall be inspected for compliance according to Association and City of Lake Waukomis codes.

      5. Any watercraft left by a former renter or property (lot) owner, become the responsibility of the current or new property (lot) owner respectively and are subject to these Rules and Regulations.

    2. FEES

      1. For pontoon and deck boats the annual license fee is twenty dollars ($20.00). The annual license fee for all watercraft other than pontoon and deck boats shall be ten dollars ($10.00). The annual license fee for all boat motors shall be five dollars ($5.00). All fees are assessed and payable on March 1st of each year.

      2. A delinquent fee of ten dollars ($10.00) per month (maximum of 3 months) shall be assessed in addition to the annual / license fee after March 31st of each year if the annual placement fee has not been paid in full by March 31st of each year. The delinquent fee will be assessed at the first of each month (April 1st, May 1st, June 1st).

      3. If a watercraft owner still has not paid the annual watercraft and delinquent fees after June 30th of each year, The Board reserves the right to take the actions as outlined in Section Seven (7).

    3. SPECIFICATIONS

      1. Watercraft cannot be used as docks.

      2. All pontoon and or deck-boats shall have a minimum length of sixteen feet (16'), and a maximum length of twenty-two feet (22'), and a maximum width of eight and one half feet (8' 6”). All pontoon boats and deck boats are subject to inspection to verify compliance before a license sticker is issued. All pontoon boats and deck boats will be measured for overall size of boat, excluding the motor.

      3. Pontoon boats can not be permanently moored to a dock where there is less than twenty feet (20') between the boat and the opposite side of the cove (where there is shore line only), another dock, pontoon, or deck boat.

      4. Watercraft must be moored to a dock or pier and may not be tied, moored or otherwise attached directly to seawall or the shoreline.

      5. Pontoon boats and deck boats must be moored on the side of the dock and as nearly centered on the side of the dock as possible.

      6. Pontoon and deck boat motors have a maximum limit of ten (10) horsepower. Dependent upon size and type of watercraft, smaller horsepower limitations may occur. Please refer to the Lake Waukomis City Codes for details.

    4. SAFETY EQUIPMENT

      All watercraft owners must comply with all Missouri State standards and laws governing such watercraft. Laws include, but are not limited to requirements for proper safety equipment such as life vests, navigation lights, and fire extinguishers.

    5. APPEARANCE

      Watercraft shall be kept clean (includes removal of animal or fowl waste), in good condition, and seaworthy at all times. Any watercraft that has become deteriorated, in poor condition, unsightly, inoperable, or not seaworthy shall be subject to Section Seven (7).



6. INSPECTIONS

The Dock Placement Committee will inspect all docks and watercraft at least once a year. This inspection can occur at the Dock Placement Committee's discretion.

The Dock and Watercraft owners by virtue of receiving their Permits, License, and/or placing docks and watercraft into the lake, grant the Dock Committee permission to board docks and watercraft as necessary to carry out inspections.



7. ENFORCEMENT OF RULES AND REGULATIONS

Within thirty (30) days of being notified by the Dock Placement Committee in writing of the violation of any requirements of these Rules and Regulations, the owner shall correct all violations stated in the Notice. Notice shall be considered to have occurred by any of the following methods:

  1. On the day the Notice is posted in a conspicuous place (meaning either stapled on the dock or affixed to the front door of the dock owner's house);

  2. Within one (1) day of mailing the Notice to the last known address of the dock owner, as shown on the books of the Association; or

  3. On the day the Notice is personally delivered to the dock owner.

Should the owner fail to correct the violations within the thirty (30) days, the Board of Directors or Dock Placement Committee may notify the dock/watercraft owner via certified mail, return receipt requested, addressed to the last known address of said owner, as shown on the books of the Association, that the violations still have not been corrected, and if the owner continues to fail to fully correct the violations stated in the Notice within ten (10) days after receipt of the certified letter, the Board or Dock Placement Committee may take the following actions:

  1. Forfeit the owner's right to use the dock /watercraft.

  2. Impound the owner's dock/watercraft. In the event of impoundment, the Association will assess a two hundred dollar ($200.00) impoundment fee for impoundment expenses. Following impoundment, the dock /watercraft owner shall have ten (10) days to correct the violations stated in the Notice. In the event the two hundred dollars ($200.00) is not paid and the violations are not corrected within ten (10) days after the dock has been impounded, then the two hundred dollar ($200.00) impoundment fee shall become a lien on the property of the dock owner. The Association may at its discretion, bring any legal action necessary for the property to be seized, forfeited and/or sold by the Association in order to satisfy the lien. Any proceeds from said sale in excess of fees and costs of the Association will be returned to the dock/watercraft owner. In addition, the owner forfeits the right to any new Dock Placement Permits until such time as all impoundment fees and expenses have been paid in full. Once all violation fees have been satisfied, the owner will require submittal of a new application and no guarantee of receiving previous location.

  3. In the event the Board determines that it is necessary to commence any litigation for the enforcement of these Rules and Regulations or any amendments thereof against any owner, that owner shall reimburse the Association's reasonable attorney fees and court costs incurred by the Association.
  4. Anyone aggrieved by a decision of the Dock Placement Committee may appeal to the Board.



8. LIABILITY

The Association shall not be held liable for any damage or injury caused by any dock, boat, or flotation device allegedly causing damage or injury to any person or property. The Association will be held harmless from any claim made by such a person, and such person will be responsible to reimburse the Association’s reasonable attorney fees and court costs in responding to such a claim.



9. ANNUAL ASSESSMENT DELINQUENCY

The Board reserves the right to revoke any Temporary Dock Placement Permits and/or watercraft license applications against Lake Waukomis property owners that have not paid their annual assessment by the due date. Actions may be taken as described in Section Seven (7).



10. SEVERANCE

In the event any part, clause, sentence, paragraph or section of these Rules and Regulations shall for any reason be adjudged by any Court to be invalid, such invalidity shall not affect, impair or invalidate the remainder of these Regulations.



11. AMENDMENTS

The Board hereby reserves the right to add, amend, or modify these Rules and Regulations at any time, when in its opinion, the interests of a majority of the property owners shall demand or require such amendment.

Approval

These amended rules and regulations approved by the Board of Directors of the Lake Waukomis Association, Lake Waukomis, Platte County, Missouri.