Subscribe to RSS FeedMany thanks for the comments on my last post, good stuff. Both comments make decent points that stress the marina’s reasonable concerns. And you know, there’s a distinction that Anonymous 5:43 p.m. brings up between a marina and a boatyard that’s worthy of pause. I like boatyards and so my gut sides with those slapping paint on hulls, slinging resin and getting dirty, but they’re likely plenty of folks who understand and appreciate marinas as being something different.
But back to the rub. Remember, Bill 7487, as I read it, speaks about vessels in “marina slips” and so I don’t think land-based concerns involving ladders and noise and dirt are particularly relevant to the discussion. That is, I don't think the Bill is doing anything to prevent a marina from acting as it wishes when it comes to vessels in its yard. And, in my personal opinion based on my understanding, I don't think the Bill “effectively turns private property into a public workspace.” Whatever the case, Anonymous 4:13 p.m. hits the nail on the head by highlighting a resolution to the issue which captures what I think is the Bill's intent being an “in-water” and “out-of-water” distinction. Boats ashore, the marina gets to control access by third-parties; boats in the water, the owner gets to make the call.
One last thought, and having now spent more time than I ever planned looking at this Bill, I think it could be improved. In my personal opinion, I think the Bill should include a specific statement that a marina may impose reasonable restrictions as to timing, hazardous materials, etc. Even though I think marinas have legal remedies for the concerns raised, I think the addition of this language keeps things fair -- and that's what started this whole discussion, right?
How about the rest of you out there? Weigh in, speak up . . . . oh, one more thing, none of this is legal opinion or advice. Who knows the Bill's intent or how a court would interpret the same. Repeat after me, this is a blog, it is only a blog, I will not rely on this blog, no attorney/client relationship is formed, etc., etc.
Underway and making way.
--- JKF
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