Sec. 23. (a) The fiscal body of a city that creates or participates in the creation under this chapter of a port authority that includes a channel that is ordinarily navigable to Lake Michigan may impose a marina launch fee for a watercraft that is launched from a marina, dock, or port located on waters that are under the jurisdiction of the port authority created by the city.

     (b) The owner of a watercraft subject to a fee under this section shall pay one (1) of the following:

Terms Used In Indiana Code 8-10-5-23

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Port authority: means a port authority created pursuant to authority of this chapter. See Indiana Code 8-10-5-1
  • watercraft: shall mean any vessel, barge, boat, ship, tug, sailingcraft, skiff, raft, inboard or outboard propelled boat, or any contrivance known on March 13, 1959, or invented after March 13, 1959, used or designed for navigation of or use upon water, including a vessel permanently anchored in a port. See Indiana Code 8-10-5-1
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(1) A launch fee of one dollar ($1) per launch.

(2) An annual marina launch fee of:

(A) seventy-five cents ($0.75) per foot for a watercraft of thirty (30) feet or less in length; or

(B) one dollar and fifty cents ($1.50) per foot for watercraft over thirty (30) feet in length.

     (c) 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) from which a watercraft is launched;

shall collect the marina launch 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.

     (d) The marina launch 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.

     (e) Upon collecting a fee under this section, a marina, dock, or port shall issue to the person who owns the watercraft:

(1) a paper permit that indicates the day for which the fee was paid, in the case of a one (1) time marina launch fee; or

(2) a decal that indicates the year for which the fee was paid, in the case of an annual marina launch fee.

     (f) The decal or permit issued under subsection (e) must be displayed on the watercraft during the period for which the decal or permit is issued. A watercraft that displays a valid annual marina launch decal or permit under this subsection is not subject to an annual watercraft docking fee imposed under section 22 of this chapter.

     (g) 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 launch fee under this section.

As added by P.L.34-2004, SEC.3.