ARTICLE I – Organization, Purpose and Name
Section 1. Non-Profit
The Seagull Bay Yacht Club is a non-profit corporation
organized and existing under the laws of the State of
Section 2. Purpose
The purpose of the Seagull Bay Yacht Club is to serve the interests of recreational vehicle owners, boat owners and enthusiasts; to protect such persons against adverse legislation and taxation; to prevent the pollution of area recreation waters and camping facilities; to stimulate a greater interest in boating among all the citizens in the area served by the Club; to develop a fraternal spirit among local outdoor enthusiasts; to provide a medium for the exchange of boating information; to own or lease property for Club uses; to do all other things which will tend to serve owners and operators of recreational vehicles, boating equipment, and to further interest in outdoor activities and boating generally.
Section 3. Name
The name of the Club is the Seagull Bay Yacht Club (hereinafter referred to as SBYC or the Club).
ARTICLE II – Membership
Section 1. Limits
Membership in SBYC shall be limited to 200 members. Subject to such limitation, membership shall be open to all individuals who are interested in boating and other outdoor activities.
Section 2. Application
Application for membership in the Club shall be made in the manner prescribed by the Board of Directors. An application for membership shall be submitted to the Board of Directors at the next regular or special meeting and shall be voted upon. A favorable vote of a majority of a quorum of Board Members shall be required to elect an applicant to membership. If the application is approved, the applicant shall become a member of the Club upon payment of the initiation fee and first year's dues.
Section 3. Resignations/Demits
A member may resign from the Club at any time upon written notice addressed to the Secretary. A member in good standing may request a demit from the Club for a period of one year, renewable on March 1 of each year by a written request, provided that the overall term of such demit shall not exceed four years. For each year that a demit is requested, a fee of one-half of the annual dues shall be required. Also, to reinstate, said member shall pay all and any special assessments that were made while on demit. A demitted member will receive all common communications from the Club, including any special assessments. Special assessments may also be paid while on demit.
Section 4. Termination
A. Membership in the Club may be terminated for non-payment of dues by action of the Treasurer, acting upon behalf of the Board of Directors, as hereinafter provided. Termination of the membership of any member shall not release said member from the obligation to pay all fees and dues owing.
B. Written notice of proposed membership termination shall be delivered to the member by hand or certified mail. Such notice shall stipulate a date, time, and location at which a special Board meeting will be held to consider the membership termination and to inform the member that they have the right to attend the meeting. The member shall be given a minimum of ten (10) days notice prior to the meeting.
C. Notice shall be given by hand delivery to the member or by notice sent certified mail.
D. The ten (10) day notification period may be waived with the member’s consent. Notice of waiver shall be recorded in the minutes of the meeting.
E. A two-thirds (2/3) affirmative vote of the Board of Directors, at a meeting which a quorum is present, shall be required to terminate a membership. Termination will be effective upon written notice, delivered to the member by hand or receipt of delivery by certified mail.
member has the right of appeal within 30 days of termination. A simple majority vote of the Board of
Directors is required to uphold termination.
Section 5. Complaints
A. All complaints regarding a By-Law or Rule violation must be taken to the caretaker or any board member on site. The caretaker, accompanied by a board member shall contact the person or persons who have been identified by the complainant, whether they are a SBYC member, member guest or non-member; as soon as reasonably possible, for the primary purpose of resolving the complaint.
B. If, in the opinion of the caretaker and board member, the complaint has been resolved, no further action will be required and the matter will be considered dropped.
C. If the complaint cannot be resolved and
the issue concerns a non-member, the caretaker or board member may require the
person(s) involved to leave the facility.
D. If the complaint cannot be resolved and the issue concerns a member or members, the caretaker or board member shall notify the Commodore as soon as reasonably possible. Upon receiving the notice, the Commodore, with the assistance of any one or more board members, shall personally contact the member(s) identified in the complaint. If it is determined by the Commodore that the alleged violation has or will be corrected by the member(s) no further action will be required of either the member(s) or the Board of Directors.
1. If the complaint cannot be resolved, the Commodore shall direct the Secretary to send written notice to the member(s), informing the member(s) of the alleged violation. The member(s) shall, within seven days, respond in writing or request time to appear at the next regular board meeting to explain the alleged violation. Upon hearing the explanation by the member(s) of the alleged violation of club rules, the Board of Directors, at a meeting which a quorum is present, shall determine by a majority vote that:
(a) The problem has been resolved and no further action is necessary, or
(b) The actions were in fact a violation of club rules and direct the Secretary to send written notice informing the member(s) that their actions were in violation of Club Rules.
2. The Secretary shall maintain a record of the Board of Directors decision.
E. If the Commodore is informed of a
SECOND violation of Club Rules by the same member(s), the Commodore shall call
for a special meeting of the Board of Directors as provided in Article
1. The issue has been resolved and no disciplinary actions are necessary, or
2. The actions were in fact a SECOND violation of club rules, and that any additional violations of club rules may result in notice of proposed membership termination as provided for in Article II, Section 4 of the By-Laws.
(a) The Secretary shall send written notice to the member(s) that their actions were a SECOND violation of Club Rules.
3. The Secretary shall maintain a record of the Board of Directors decision.
Section 6. Serious Violations
Any violation considered of a serious nature, whether by a member of SBYC, a guest of a member or any non-member utilizing the club facilities will be grounds for immediate action of the Board.
Violations considered serious include but are not limited to:
(1) Any life threatening action to any person or persons
(2) Physical threats of bodily harm to any person or persons
(3) Physical confrontation (fighting) on the leased premises
(4) Operating any vehicle, PWC, or boat in an unsafe manner within the area leased by SBYC
Section 7. Voting
Votes at membership meetings shall be cast one vote per family membership. There shall be no proxy voting. However, a member may request an absentee ballot if there is just cause for not attending the meeting. It shall be the member's responsibility to obtain the ballot by personally contacting a Board member, and to ensure a Board member receives the completed ballot prior to the meeting.
Section 8. Dues and fees
A. The initiation fee to be paid by an applicant who has been approved for membership in the Club is one-half (1/2) the annual dues. The Board of Directors, with a majority vote of the membership, may waive, amend, or reduce the initiation fee in order to encourage membership in the Club.
B. The annual dues and other fees of the Club shall be in such amounts as are necessary to meet the operating needs of the Club as determined by the vote of the membership; the proposed budget for the year having first been presented to the Board, and considered and approved at the December general membership meeting.
C. In the event that a quorum is not in attendance at the December meeting of the membership, the Board of Directors is empowered to implement an increase in fees at a rate of no more than 10-percent of the prior year's fees, if deemed necessary to cover any increase in the operating budget of the Club.
Section 9. Payment of fees
A. Annual dues and fees are due and payable for the succeeding year on March 1 of each year. Any member who has not paid dues and fees within 30 days of the due date shall receive a notice of delinquency. If not paid within 30 days after such notice, member shall be suspended from all privileges of membership in the Club. Reinstatement will be at the discretion of the Board, upon application to the Board, and tendering of delinquent dues plus an assessment of $10.00.
B. The Board may allow initiation fees to be paid in such installments as the Board may specify.
Section 10. Meetings
A. In each calendar year, there shall be three meetings of the members of the Club, the first meeting to be held in December, the second meeting to be held in May, and the third meeting to be held in September.
B. Though not limited by the language of this subsection, the principal purpose of the individual meetings shall be as follows:
December – Budget, fee schedule, and organizational;
May – Social and information sharing;
September – Business, election of Board of Directors, legislative, and planning.
Other matters may be transacted at said meeting, notice of such matters having been first given to the membership in compliance with subsection (c) herein.
C. Written notice of the place, day and hour of subsection (b) meetings, and of all special meetings of the members, shall be distributed to the membership by the Board. Such notices shall be mailed at least ten days before the date of said meeting.
D. Special meetings of the members of the Club may be called by the Commodore, or by any three members of the Board upon giving ten days written notice to the membership, which notice shall state the place, day, hour, and purpose of the meeting.
Section 11. Quorum
Fifteen percent (15%) of the regular members in good standing shall constitute a quorum. Any action taken at any regular or special meeting shall require a majority vote of the quorum.
Section 1. Management
The management of the Club shall be vested in a Board of seven directors. The directors shall be elected at the September meeting; three directors at one election, four at the next election. The immediate past-Commodore serves as an ex-officio member of the Board for one year. However, if the past-Commodore is regularly elected to the Board, he/she will be a voting member of the Board.
Section 2. Term
All elected members of the Board shall hold offices for two years or until their successors are duly elected and qualified.
Section 3. Quorum
Four members of the Board shall constitute a quorum at any meeting of the Board.
Section 4. Regular Meetings
Regular meetings of the Board shall be held monthly at a time and place designated by the Commodore.
Section 5. Special Meetings
Special meetings of the Board may be called by the Commodore or by the quorum of the Board. Notice shall be given in sufficient time to permit members to be present.
Section 6. Nominating Committee
The Commodore shall appoint a nominating committee of five members prior to the September meeting for the purpose of selecting candidates for the Board of Directors positions. The names of the candidates selected shall be presented at the regular Board meeting in August. Further nominating may be made from the floor at the September meeting. Terms of office shall begin January 1 following the September meeting. Those nominated will be voted upon by the membership at the meeting, as per Article II, Section 6.
Section 7. Authority to Discipline
The Board shall have the authority to discipline any member guilty of misconduct during any regular or special meeting, cruise, or function of the Club, or whenever cruising under the insignia of the Club. Such misconduct shall also be grounds for expulsion.
Section 8. Payment of Dues
The Board of Directors' dues shall be paid by the Club.
Section 9. Unexcused Absences
Any member of the Board of Directors who has three unexcused absences shall be expelled from the Board. Any vacancy shall be filled by the candidate who received the next highest votes in the last election. If there were no other candidates, the Commodore will appoint the new member of the Board of Directors, subject to the Board's approval, for the remainder of the term.
Section 10. Substitutions
In lieu of Article II, Section 6, if a member of the Board of Directors is unable to attend a Board meeting, the spouse may attend in his/her place, with full voting rights.
Section 11. Emergency Assessments
The Board shall have the authority to levy emergency assessments as deemed necessary to continue operations of SBYC subject to approval by a quorum of the Board.
Section 12. Rules
The Board of Directors shall establish rules for the conduct of members, guests, and visitors while utilizing the facilities of the Club and for general operating procedures of the Club.
ARTICLE IV – Officers and Chairman
Section 1. Officers
The elective officers of the Club shall be: President, who shall be known as the Commodore; Vice-President, who shall be known as the Vice-Commodore; Secretary; and the Treasurer. The officers of the Club shall be assisted in the management of the Club by appropriate committees, the Chairman of which shall be appointed by the Commodore with the approval of the Board of Directors.
Section 2. Term
The officers of the Club shall be elected from their number by the members of the Board of Directors at the October meeting of the Board of Directors. The officers shall hold their respective offices for a period of one year, or until their respective successors have been duly elected and qualified.
Section 3. Commodore
The Commodore shall preside at all meetings of the Club and of the Board and shall appoint any special committee Chairman. The Commodore shall carry out such other duties as are assigned by these By-Laws and by the Board. The Commodore’s vote at Board meetings will be used only in the case of a tie.
Section 4. Vice-Commodore
During the absence or temporary incapacity of the Commodore, the Vice-Commodore shall perform the duties and have the powers of the Commodore.
Section 5. Secretary
The Secretary shall keep minutes of all meetings of the Club and of the Board and shall handle correspondence. Such minutes shall be mailed to all Board members each month.
Section 6. Treasurer
The Treasurer shall keep all financial records and accounts of the Club, and have custody of its funds. The Treasurer shall keep all Club funds in the name of the Club in a bank, subject to withdrawal by checks signed in such manner as shall be prescribed by the Board. The Treasurer shall disperse the funds of the Club by check, as directed by the Board. An annual audit shall be prepared and submitted to the membership by an audit committee appointed by the Commodore.
Section 7. Budget Committee
The Chairman of the Budget Committee shall submit to the Board of Directors, on or before the regular December meeting, a proposed budget covering all anticipated expenditures for the new fiscal year. The budget shall be considered and approved by the Board of Directors. The budget is subject to revision by the Board of Directors at any regular meeting of the Board, notice of proposed revision having been given to the members of the Board by the Secretary at least seven days before said meeting.
ARTICLE V – Fiscal Year
Section 1. The fiscal year of the Club shall be the calendar year (January 1 through December 31).
ARTICLE VI – Dissolution
Section 1. Conditions
Dissolution shall require a two-thirds majority vote of the total members in good standing at a meeting of the corporation. Written notice, stating that the purpose or one of the purposes of the meeting is to consider the advisability of dissolving the corporation shall be provided to each member entitled to vote at the meeting. Written notice to be sent to each member not less than ten or more than fifty days prior to the date of the meeting.
Section 2. Asset Distribution
In the event of the dissolution of the Club, whether voluntary or involuntary, the assets of the club shall be applied and distributed as follows:
A. All non cash assets will be converted to cash by either selling to the Bureau of Reclamation as stipulated in the lease agreement or by auction. All money derived from the sale of assets shall be deposited in the bank accounts of the Club.
B. All remaining assets shall be distributed equally to all qualified members as stipulated below. Qualified members are any member in good standing within the most recent 5 year period.
1. The treasurer shall compile an alphabetical list of all qualified members.
2. The numeric total of qualified members shall be divided into the total amount available for distribution.
3. The amount calculated in (B. 2) above will be the amount distributed to each qualified member.
4. The members of record from 2006 through 2010, as approved by the Board of Directors, shall be the data base for recording future members of record beginning with 2011 members.
5. The Treasurer shall report at the December general membership meeting of the Club, a list of all members for the most recent membership year.
6. The Secretary shall maintain the record of all members for the most recent five (5) year period by eliminating the oldest year and adding the current year.
C. If the total amount available for distribution is $25,000.00 or less, the Board of Directors may direct that the available money be donated to one or more charity groups or agencies in lieu of distribution to members.
Section 1. Requirements
By-Laws and/or Rules may be amended by a two-thirds vote of the members of the corporation at a meeting at which a quorum is present. Notice setting forth the substance of the proposed amendment shall be mailed to all members neither less than 10 nor more than 30 days prior to the meeting at which the amendment is to be voted upon. However, amendments to Article VI – Dissolution, shall not be effective unless adopted by the affirmative vote of two-thirds of all of the members in good standing at two consecutive meetings of the members, which meetings shall not be less than 30 days apart.
ARTICLE VIII – Liability Insurance and Indemnification of Members
Section 1. The Club will carry public liability insurance in the amount of not less than $100,000 per person and $300,000 per accident bodily injury, and $50,000 property damage, to insure it against claims, demands, and suits arising out of the ownership, use or operation of its property or the performance of any of its activities.
If any claim, demand, or suit is brought against any officer, director, or member of the Club arising from activities or actions on behalf of the Club, then the Club will indemnify and save harmless such officer, director, or member from the same, including expenses and reasonable attorney fees incurred in defending the same. Indemnification shall not extend to cases of injury or damage intentionally caused or inflicted by any officer, director, or member; or resulting directly and proximately from the intoxication of such officer, director, or member.
ARTICLE IX – Adoption of Amended By-Laws
Section 1. These amended By-Laws were adopted by the
Seagull Bay Yacht Club (known also as SBYC) on the 5th day of November, 1979,
in accordance with Article
Section 2. These By-Laws were further amended in
October, 1986, in accordance with Article
Section 3. These By-Laws were further amended on the 9th
Day of October, 1989, in accordance with Article
Section 4. These By-Laws were further amended in May,
1997, in accordance with Article
Section 5. These By-Laws were further amended in
September, 1998, in accordance with Article
Section 6. These By-Laws were further amended in June,
2004, in accordance with Article
Section 7. These By-Laws were further amended in January,
2005, in accordance with Article
Section 8. These By-Laws were further amended in January,
2007, in accordance with Article
Section 9. These By-Laws were further amended in May,
2010, in accordance with Article
Section 10. These By-Laws were further amended
Section 11. These
By-Laws were further amended
ARTICLE X – Slip Revenue
Section 1. All revenue generated from the slip rentals shall be placed into the general fund.
ARTICLE I-ORGANIZATION, PURPOSE, NAME
ARTICLE IV-OFFICERS & CHAIRMAN
ARTICLE V-FISCAL YEAR
ARTICLE VIII- INSURANCE
ARTICLE IX-ADOPTION OF AMENDMENTS
ARTICLE X- SLIP REVENUE
(Applies to members, guests, and visitors)
1. Under no circumstances shall an individual personally reprimand another person for a Seagull Bay Yacht Club (hereinafter referred to as SBYC or the Club) violation. All complaints regarding a By-Law or Rule violation must be addressed as per Article II, Section 5 of the By-Laws.
2. Motor vehicle speed limit on SBYC property is ten miles per hour.
3. Launching area is to remain open for loading and unloading (per posted signs).
4. Any vehicle and/or trailer found
parked in any of the "NO PARKING ANYTIME" areas, or in the
5. No firearms will be discharged on
6. No fireworks will be ignited, detonated, or fired on SBYC leased property.
7. All persons shall be liable for damages to SBYC property due to their negligence.
8. Public display of nudity, drunkenness, and profanity is prohibited.
9. Quiet time is from to for docks, slips and recreational vehicle campground.
10. Personal property that is deemed to be a health hazard or a physical danger, must be corrected or removed from SBYC immediately, or action will be taken by the Board to remove such hazard. Any expense that is incurred in such correction is the responsibility of the person creating the violation.
11. SBYC will not be responsible for damage caused by fire, theft, or vandalism to private property. Each person shall be responsible for his/her own insurance.
12. All boats, camp trailers, fifth-wheels, and truck campers will conform to SBYC contractual permits and State requirements pertaining to waste disposal.
13. Pets must be on a leash or held by the owner at all times. No pets are allowed in the general picnic area, clubhouse, or playground. Pet walk areas are designated and are to be used. All persons must clean-up after their pets. Owners will be responsible for clean-up and all incidents involving pets on docks or grounds.
14. A deposit will be required to be placed on the "waiting list" for future available land parking, water buoys, and/or slips. The amount of the deposit is established annually in the yearly fee schedule. Contact the Area Manager/Caretaker or Treasurer for more information.
15. Use of ATVs will be allowed within the facilities, provided all rules are followed. Operators of ATVs must abide by the following, as well as any other applicable rules of the Club.
a. Operation of ATVs within the facilities is limited to transportation purposes only. ATV operation for sport must take place outside of the facilities, such as surrounding beaches.
b. Quiet time is from to 6:30 a.m. Use of ATVs will not be allowed during these hours.
c. The ten miles per hour speed limit will be observed at all times.
d. Any minor wishing to operate an ATV within the facilities must hold a valid driver's license.
Members will be held responsible for all violations of rules by their guests. Any infraction of the ATV rules by a member or guest will result in a verbal warning. A second infraction (member or guest) will result in the member losing his/her ATV privileges.
B. DOCK RULES
1. Launch ramp docks may only be used for immediate launching or retrieval of boats and servicing of fuel, raw water and waste water systems.
2. Seasonal rental facilities (slips/buoy moorings/docks) shall remain with the lessees as long as they are a member in good standing and their rental spaces are paid for in accordance with the property rental rules. A maximum of one seasonal rental space (slips/buoy moorings/docks) is allowed per each membership.
3. If a lessee is not using their rental space, the space will remain unused/unoccupied unless:
· The lessee gives written permission to the Area Manager/Caretaker to rent the space. In this case, all fees generated as a result of the rental become the property of SBYC as stated in Article X of the By-Laws, or
· The lessee gives written permission to the Area Manager/Caretaker allowing another member to use their space providing that member paid for a similar rental space, and forfeits previous space.
4. Special designated areas may be used by members for a period of up to 48 consecutive hours at a time without incurring fees for such use. Also a period of not less than 48 hours must exist between each instance of use. Fees are assigned for extended use of the docks (greater than 48 consecutive hours) at the rate set forth in the current approved fee schedule.
5. Dock boxes are allowed on the SBYC docks provided:
· The docks boxes are no larger than 40" L x 20" W x 22" H.
· The dock boxes shall be placed on boat slip transition and not infringe in any way upon the dock walkways, boat slip walkways, or the dock anchor access hatches.
· Dock boxes must remain in good repair, appearance, and safety as determined by the SBYC Board of Directors.
· Dock boxes must be removed at the end of each season.
6. Children on the docks must be supervised by an adult at all times.
7. Dogs must not be tied-up to the main dock walkways.
8. Docks may not be modified at any time except by approval through SBYC Board of Directors.
9. No items except dock boxes may be stored on the docks.
10. All watercraft (personal or otherwise) shall be attached to docks in such a way that it will not impact the use of adjoining docks or waterways.
11. Docks or buoy moorings shall be leased to Club members based on previous year's preferences. Incumbent members assigned docks will have existing slip location preference over new members. New assignments will be based on the waiting list. (See Section A General Rule #14).
12. The "NO WAKE SPEED RULE" applies at all times in the bay as well as around docks and slips.
13. Chairs and tables placed temporarily on the docks shall not obstruct the dock walkways.
14. Halyards/sheets or lines on boats shall be tied so as not to rattle or bang when acted upon by wind or waves. All attached free-swinging bells shall be secured so as not to ring or gong when unattended.
15. No fishing, swimming, or diving from
docks or slips at
C. RECREATIONAL VEHICLE CAMPGROUND RULES
1. Enjoy your stay while being courteous to others.
2. One camping unit is allowed per RV site. A camping unit is one tent, one trailer, one camper, one motor home, or one boat. Transportation only vehicles may be parked in an RV site if space allows. If space is limited and the transportation vehicle intrudes on passageway or another site, then vehicle must be parked in regular parking lot.
3. Air conditioners and heaters must be turned-off when the RV is not occupied
4. Fees must be prepaid in full. The occupant must maintain the site.
5. Children must be supervised at all times.
6. No additions, alterations, modifications, or attachments may be made to any slip, mooring, or RV site unless approved by the Board of Directors of the Club. All permanent additions, alterations, or attachments become the property of Seagull Bay Yacht & RV Club.
7. All appliances must be contained inside the RV. Use of outside ice makers, freezers, refrigerators, etc. is prohibited.
8. A maximum of one seasonal RV rental space is allowed per each membership.
POLICY REGARDING GUESTS
1. Members of the Club will be responsible at all times for the actions of their guests, children, and pets at all Club sponsored functions and with respect to Club property. Club members must accompany all minor children while on Club property.
This responsibility covers general behavior and prohibiting the consumption by any minor of alcoholic beverages at Club functions or at Club facilities.
2. Guests are persons accompanying a SBYC member. As the member's guest, they are entitled to use all SBYC facilities.
3. Visitors are persons not members of SBYC and not accompanying a SBYC member, who desire use of the facility on a day use basis, and are subject to the payment of fees for that use. Some restrictions apply to facility use to these persons.
4. All visitors and guests, on arrival, must check-in with the Area Manager/Caretaker and are required to check-out on departure.
5. Visitors are allowed to have campfires only in designated fire pits.
6. In the absence of a member of SBYC, the guests of said member shall be considered as visitors using day use, and are subject to charges of any fee involved therein.
7. Day use charges for non-members shall be as set in the yearly fee schedule and posted in the clubhouse. Seasonal non-member rates are also available as per the fee schedule.
8. No less than four RV sites will be designated as day use. Users in day-use RV sites will be restricted to use for 14 days or less. People seeking longer use will be placed in available open RV sites not designated as day use.
9. Boat slips on the public dock are designated as day use. Boats must be attended and use is restricted to 48 hours. People seeking longer use will be placed in open boat slips in sites not designated as day use, as available. Also, a period of not less than 48 hours must exist between each instance of use. Fees are assigned for extended use of the docks (greater than 48 consecutive hours) at the rate set forth in the current approved fee schedule.