THIEVES BAY MARINA POLICIES AND PROCEDURES
Contacts
Calls will be returned to local numbers or else via collect call to long-distance
Marina Phone Line - 250.629.3686
Wally Foster, Marina Manager - 629.9930
Brian Starkey, Marina Project Manager - 629.8356
Use to pass on information such as:
When you are going to be away;
When you are taking your boat out;
When you are launching;
Marina observations, ideas etc.
Blank Forms
Instructions: Click below to download forms (you will need an up to date free
Adobe Acrobat Reader); Print form; Fill out the form; and
Deliver: Drop in the MLPOS folder at the Pender Realty office at the Driftwood, or mail to P.O Box 65, Pender Island, BC V0N 2M0, Canada.
Annual Moorage Application (with Marina Regulations) Rev 2009
Casual (temporary) Moorage Application (with Marina Regulations) Rev 2009
Thieves Bay Marina Regulations (Revised August 2009)
Click here to download in pdf format
14.
Each vessel may have a dinghy (maximum length 8ft) that is clearly
marked with the name of the vessel. Dinghies MUST NOT be stored on the
docks or fingers.
All vessels moored at Thieves Bay Marina shall for all purposes be
construed to be in storage and the provisions of the Warehouse Lien
Act, RSBC 1996, Chapter 480 shall be applied in total.
1.
Vehicle parking at Thieves Bay Marina is limited to 30 minutes only,
for loading and unloading. The access ramp and the ambulance dock MUST
be kept clear at all times.
2. Thieves Bay Marina SHALL serve as a haven to any vessel in distress.
Berth A20 is designated as a visitor berth, and may be used in an
emergency. A vessel seeking safe haven SHALL follow the directions of
the Marina Director or delegate, regarding berth assignment and casual
moorage fee payment.
3. All vessels moored at Thieves Bay MUST be clearly marked with a name or identification number.
4. Thieves Bay Marina SHALL NOT be used for any commercial activity.
5. All vessels moored at Thieves Bay Marina SHALL be at the owner’s
risk and MLPOS will not be responsible, under any circumstances for any
loss or damage caused or sustained by such vessels, whether the same be
caused by negligence of MLPOS or its representatives.
6. All persons using Thieves Bay Marina SHALL operate vessels in a
cautious and seaman-like manner so as not to cause wake, damage to
other craft or MLPOS property.
7. There will be zero tolerance of abuse towards volunteer Marina Management, other members of MLPOS, or the general public.
8. Vessels moored at Thieves Bay Marina SHALL NOT be used as living quarters, including casual overnight stays.
9. NO radiant-type electric heater, flame type or oil burner is to be
operated unless a responsible person (19 years or older) is in
attendance.
10. Tidal Grid use is restricted to MLPOS members. Members who do not
have a lease agreement MUST first obtain a copy of the Thieves Bay
Marina Regulations from the Marina Director. Tidal Grid reservations
are made on the Tidal Grid Schedule posted on the Marina Notice Board.
11. Lessees
may perform minor repairs at their berth or at the Tidal Grid, but NO
litter shall be thrown overboard or left on the Marina premises.
12.
In the interest of sanitation at Thieves Bay Marina, NO toilet, sink,
bilge or petroleum products shall be pumped out while vessels are in
the marina. Any discharge, whether accidental or otherwise, shall be
cleaned up at the lessee’s expense.
13. Storage of flammable liquids, oily rags, etc. is prohibited in Thieves Bay Marina.
15. Each lessee is responsible for the
mooring of their vessel and SHALL furnish and maintain their own safe
line and chafing gear. Care must be taken not to foul any other berth
or access with mooring lines.
16.
NO part of a vessel is to extend out over the dock or to project out
beyond the finger dock without explicit permission of the Marina
Director.
17.The lessee SHALL NOT make any additions or alterations to any berth or dock without permissions from the Marina Director.
19. In the absence of the lessee, any expense incurred by actions taken
to prevent or reduce loss or damage to the lessee’s vessel by MLPOS
representatives SHALL be billed to the lessee. The lessee SHALL pay for
same within 30 days of receiving account for same.
20.The lessee SHALL be liable for any loss or damage caused to MLPOS
property by the lessee’s vessel. The lessee SHALL pay for same within
30 days of receiving account for same.
21. Under no circumstances may the berth be sublet by the lessee. MLPOS
reserves the right to use unoccupied berths for casual moorage. The
rentals from which are for the sole benefit of MLPOS.
22. Lessees must notify the Marina Director if the named vessel is not
in the assigned berth for more than 7 consecutive days. If the berth is
unoccupied for more than 14 days, and the Marina Director has not been
notified, then the berth may be used for casual moorage. The lessee
must then give 14 days notice to the Marina Director to use the berth
for the named vessel.
23. If lessee acquires a different vessel, a MLPOS Berth Change Request
Form must be submitted, and a new moorage contract must be obtained,
prior to docking this vessel at Thieves Bay Marina.
24. If a vessel is sold, the lessee must notify MLPOS. The berth must
be vacated on the date of transfer of ownership. If this is not done,
the vessel will be removed at the expense of the former owner. The
contract for this vessel is now deemed to be null and void.
25. MLPOS reserves the right to relocate at any time, any vessel moored
at Thieves Bay Marina without previous notice to the lessee.
26. MLPOS may cancel the moorage contract if a lessee, or guest,
violates any Marina Regulation. Any vessel occupying a berth shall be
removed within 48 hours from the mailing or hand delivery of such
notice. If the vessel is not removed, MLPOS may remove the vessel at
the lessee’s expense.
27.The lessee warrants and covenants that the lessee will not make any
claims, demands, causes of action of any kind and nature, or obtain or
enforce any judgements, executions or levies thereon against MLPOS, its
officers, directors, agents, servants, or its employees, arising out of
any damage, loss, personal injury or death suffered by the lessee or
the lessee’s guests and other invitees at the Thieves Bay Marina site,
even where such loss is a result of negligence on the part of MLPOS or
an agent of MLPOS. The lessee further agrees and covenants that (s)he
will defend, indemnify and save MLPOS harmless from any and all of such
claims, demands, causes of action, judgements and executions, brought
by any third party in relation in any way whatsoever to the lessee’s
use of the Thieves Bay Marina, including any and all use by guests of
the lessee, and that MLPOS shall be entitled to legal fees in the event
of breach of the lessee’s covenant hereunder.
Appendix A: Environmental Management Practice (Rev Nov 2007)
Click here to download in pdf format
Purpose:
To mitigate the entry of pollutants into the aquatic environment, within the confines of Thieves Bay Marina.
Vessel Repair and Maintenance in Thieves Bay Marina:
1. NO pressure washing of vessels on Tidal Grid.
2. NO spraying of antifouling paint or other coatings on Tidal Grid.
3. NO sanding, scraping or stripping of paint on Tidal Grid.
4. Any cleaning, repair or maintenance activity which pollutes the water, either on the Tidal Grid, Docks or adjacent foreshore, is forbidden.
Exceptions:
Minor repairs are allowed in the marina providing all necessary precautions are taken to prevent pollution.
For repairs performed on the Tidal Grid, where surface preparation is unavoidable, tarps or drop sheets MUST be placed under the vessel. All paint chips, scrapings and other waste MUST be collected and disposed of, by the vessel owner, at an approved facility.
For application of antifouling paint, or other coatings, use rollers or brushes only. To prevent paint drips from entering the water, tarps or drop sheets MUST be placed under the vessel.
Remove Tarps or Drop Sheets BEFORE Tidal Grid Floods.
Fisheries Act and Penalties
• Subsection 36(3) of the Fisheries Act states that “no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under conditions where the deleterious substance may enter any such water.”
• Subsection 40(2) of the Fisheries Act states that “upon conviction in a court of law, every person who contravenes this provision is guilty of a criminal offence....Maximum penalties are a fine up to $1,000,000 or up to 3 years in prison, or both.”
Definitions
MLPOS
Magic Lake Property Owners’ Society.
Wait List
A
list compiled by the Marina Manager of approved Berth Change Request
Forms and Annual Moorage Application Forms ranked by date, and
prioritized as follows:
1. Berth change requests by existing lessees.
2. Applicants whose primary residence is within Magic Lake Estates.
3. Other approved applicants.
This list is for the sole use of the Marina Manager.
Moorage Length
A
vessel’s overall length, including any projection from the bow or
stern. Used for determining berth assignment, and for calculating
moorage fee.
Annual Moorage
Annual Moorage Application Form (with Marina Regulations) Rev 2009
Annual moorage at Thieves Bay Marina is limited to members, in good standing, of the Magic Lake Property Owners’ Society (MLPOS).
When a lessee is no longer a member in good standing of MLPOS, the annual moorage lease becomes null and void.
Lessees must own a residence in Magic Lake, which they occupy on a permanent or part time basis. The residence must be connected to the Magic Lake water system with a septic/sewer connection.
Due to high demand and limited availability, only one annual moorage lease per membership in MLPOS is allowed.
Moorage rates are set, and are subject to change each year, at the MLPOS annual general meeting.
An Initial berth fee, equal to the annual moorage fee, is payable with the first years moorage fee.
Annual moorage fees are payable in advance (not refundable).
All vessels moored at Thieves Bay Marina must be clearly marked with a name or identification number.
Annual moorage can be obtained, for a specific vessel only, by the use of a MLPOS Annual Moorage Application Form. The applicant will state the name and/or identification number of the vessel, width, draft and overall length, including any projection from the bow or stern. (Maximum allowable mooring length is 36ft., beam 12ft.).
All vessels will be measured by the Marina Manager. Errors or omissions on the Annual Moorage Application Form may result in berth reassignment, adjustment to annual moorage fee, or cancellation of moorage contract.
Applicants must provide proof of insurance for their vessel (minimum $1.000.000 liability) at the time of application.
When the Marina Manager has approved the application it will be dated and, if available, a berth assigned and a contract drawn up. If a suitable berth is not available the application will be placed on the Wait List.
When a berth becomes available, the first applicant on the Wait List with a vessel that suits the size of the berth will be offered that berth.
If the applicant declines the berth for any reason, the applicant will maintain position on the Wait List, and the next applicant with a suitable sized vessel will be offered the berth.
Annual Moorage Contract
The annual moorage contract herein shall for all purposes be construed to be a storage contract and the provisions of the “Warehouse Lien Act, RSBC 1996, Chapter 480” shall apply in total.
The berth allocated under the moorage contract is for the vessel named in the contract only. Under no circumstances may the berth be sublet by the lessee.
MLPOS reserves the right to use unoccupied berths for casual moorage. The rentals from which, are for the sole benefit of MLPOS.
Lessees must notify the Marina Manager if the berth is to be vacant for seven days or more.
It is the responsibility of the lessee to renew the moorage contract by the first of May each year. Non-renewal by that date means the berth has been abandoned. Lessees must provide proof of insurance for their vessel (minimum $1.000.000 liability) at the time of renewal.
When a vessel is sold, the lessee must notify MLPOS, and the vessel must be removed from the berth. The berth must be vacated on the date of transfer of ownership. If this is not done, the vessel will be removed at the expense of the former owner. The contract for this vessel is now deemed to be null and void.
MLPOS reserves the right to relocate at any time, any vessel moored at Thieves Bay Marina without previous notice to the lessee.
MLPOS may cancel the moorage contract if a lessee, or lessee’s guest, violates any Marina Regulation. Any vessel occupying a berth shall be removed within 48 hours from the mailing or hand delivery of such notice. If the vessel is not removed, MLPOS may remove the vessel at the lessee’s expense.
Berth Change Requests
Berth Change Requests are considered ahead of Moorage Applications when berths become available.
All Change Requests by a lessee for a different berth (e.g. larger berth, drift in berth, change of location etc.) must be applied for using the MLPOS Berth Change Request Form. When the Marina Manager has approved the Change Request it will be dated and, if available, a berth assigned and a contract issued.
If a suitable berth is not available the application will be placed on the Wait List.
If a moorage lessee acquires a different vessel, a new MLPOS Berth Change Request Form must be submitted, and a new moorage contract must be obtained, PRIOR to docking this vessel at Thieves Bay Marina.
If the new vessel is deemed by the Marina Manager to be too large for the currently leased berth, and a suitable berth is unavailable, the application, if approved, will be placed on the Wait List, until a suitable berth becomes available.
A prorated initial berth fee and annual moorage fee will be charged for a larger vessel.
If the new vessel is deemed by the Marina Manager to be too small for the currently leased berth, and if a smaller berth is unavailable, the lessee may, at the Marina Manager’s discretion, temporarily moor the vessel in the currently leased berth, until a suitable smaller berth becomes available.
Casual Moorage
Casual (temporary) Moorage Application (with Marina Regulations) Rev 2009
Casual moorage at Thieves Bay Marina is limited to members, in good standing, of the Magic Lake Property Owners’ Society (MLPOS), or visiting boaters sponsored by a member, in good standing.
Casual Moorage and Visitor Moorage will be on a first come, first served basis at the discretion of the Marina Manager, and may cancelled without notice.
Moorage fees shall be prearranged and prepaid by the member requesting casual moorage. Moorage that has not been prearranged and prepaid shall be charged at the daily visitor rate.
Casual/Visitor Moorage is subject to all the terms and conditions of the Thieves Bay Marina - Policies and Procedures.
All vessels moored at Thieves Bay Marina must be clearly marked with a name or identification number.
All vessels moored at Thieves Bay Marina shall for all purposes be construed to be in storage and the provisions of the “Warehouse Lien Act, RSBC 1996, Chapter 480” shall apply in total.
Casual/Visitor moorage may be obtained, for a specific vessel only, by contacting the Marina Manager. Depending on length of stay, the completion of a MLPOS Casual Moorage Application Form may be required. The applicant will state the name and/or identification number of the vessel, width, draft and overall length, including any projection from the bow or stern. (Maximum allowable mooring length is 36ft., beam 12ft.).
All vessels will be measured by the Marina Manager. Errors or omissions on the Casual Moorage Application Form may result in berth reassignment, adjustment to moorage fees, or cancellation of moorage.
For Long Term Casual Moorage applicants must provide proof of insurance for the vessel (minimum $1.000.000 liability) at the time of application.
Casual moorage rates are $3 per foot per month.