RECAP of Last Year’s Changes to Ordinance 7

June 4, 2023

This post is a reminder of the changes made last year that are still in affect this year. There seems to be continued confusion on the rules, so we are reissuing the below post from last year.

EXCERPT FROM LAST YEAR’S POST BELOW:

Ordinance 7 is the ordinance Establishing Rates, Rules and Regulations for IVGID Recreation Passes (IVGID Picture Passes) and Recreation Punch Cards by the Incline Village General Improvement District. The Board has been discussing recommendations provided by the Ordinance 7 Committee and special legal counsel.  The self-defined goals of the Ordinance 7 Committee were to formulate recommendations for the Board of Trustees’ consideration:

  1. Reduce beach overcrowding
  2. Provide fair access to all parcel owners/tenants
  3. Protect the Beach Deed – the beach deed conveyed the beaches to IVGID on June 4, 1968 and can be reviewed here. The deed is what allows for and enforces the restricted beach access for parcel owners, their guests, tenants and occupants of hotels/motels. Should the beach deed be legally challenged, the risk is that the beaches could be made open to the public, in other words no longer restricted. The board has been acting in protection of your property rights and property values.

Below are the changes made in May of 2022:

  1. Beach access to be obtained by:
    • an IVGID Picture Pass Holder
    • by a parcel owner, tenant or guest holding a Punch Card with a sufficient remaining balance on it to cover the entire cost of the guest beach access fee
    • by a guest who accompanies an IVGID Picture Pass Holder at the beach gate (with a limitation as to the total number of guests per day per parcel described in 5 below)
  2. Beach guest fee payment is proposed as follows:
    • an IVGID Picture Pass holder may pay for their guest(s) by credit card or by the use of an IVGID Punch Card, with a sufficient balance to cover the entire guest beach access fee(s). There is no access fee charged for the IVGID Picture Pass holder, only for their guest(s).  The guest beach access fee must be paid by credit card, and cash will not be accepted at the beach gates.  IVGID Picture Pass holders must bring their Picture Pass to the beach gate or may store it on their electronic device.
    • an IVGID Punch Card holder is required to pay of the full amount of the guest beach access fee for each guest using the Punch Card. Therefore, the Punch Card must have a sufficient balance to cover all guest fees.  When a Punch Card’s value has been used in its entirety, it may not be reloaded. Punch Cards are proposed to be non-transferrable other than to the guest of a parcel owner. Payment by use of a Punch Card was implemented during the COVID restrictions.
  3. Each parcel/dwelling unit is proposed to be eligible for a combination of up to 5 IVGID Picture Passes and/or Punch Cards. In addition, each residential parcel/dwelling unit may purchase up to a maximum of 5 additional passes/cards, of which a maximum of 3 additional Punch Cards (that cannot be used at the golf courses) and/or up to 3 additional IVGID Picture Passes can be purchased for members of the owner’s family as identified by Tier 1 of the Family Tree that cannot be used at the golf courses and cannot be used for guest access to the beaches – it is a Picture Pass for the cardholder only. The maximum proposed number of passes per parcel/dwelling unit is limited to 10. All additional purchased cards expire within one year.
  4. Boat/Watercraft launching is proposed for only holders of a valid IVGID Picture Pass or Punch Card for recreational use of such holders, and not for commercial use. The Beach Deed does not allow for commercial use of the beaches; and a launching service provided to IVGID Picture Pass or Punch Card Holders is not considered commercial use. All guest and launch fees are to be paid either by:
    • Punch Card Holders must pay with funds on the Punch Card(s)
    • IVGID Picture Pass holders may  pay by credit card or a balance remaining on the Punch Card(s) .
  5. The proposed total number of guests allowed access to be beaches by accompanying  all IVGID Picture Pass holder(s) from one parcel per day, is limited to a total of 15 guests per day per parcel.  Parties over 15 for a given parcel would then require some sort of group reservation.
  6. The proposed changes would not allow unbuildable lots to be eligible for recreation privileges. For the unbuildable lots with privileges as of June 1, 2022, they will be allowed to continue to be eligible for recreation privileges until such time the property is sold, transferred or the until the death of the owner(s).
  7. Language for the definition of “guest” for the beaches is proposed as “Any person invited by an Owner of a parcel with beach access to use the District owned beaches. A property owner or its assignees, including guests, can use the beaches for recreation purposes only and cannot sell access to the beaches or receive compensation for access to the beaches.”
  8.  Any parcel that is owned by multiple owners or that  is held in the name of an entity (an LLC, corporation, etc.), must designate one person to authorize the issuance of  recreation privileges for the parcel on an annual basis.
  9. Among the other important changes are:
    • stronger sanctions for Misconduct, which can include suspension of Recreation Privileges for up to 2 years
    • a more detailed list of activities that constitute Misconduct
    • specific requirements for parcel owners to be responsible for the actions and damage caused by their tenants and their guests
    • Punch Cards are proposed to only be transferrable to a tenant or a guest of the parcel owner to whom the Punch Card has been issued and cannot be given to other owners for use for guests of other owners
    • the Family Tree remains and has not been changed except to add registered Domestic Partners and their children
  10. Daily use and/or exchange passes were eliminated.  These were never part of Ordinance 7, but were implemented as an administrative procedure years ago. The issuance of daily use and/or exchange passes was suspended during COVID and are no longer an administrative procedure.

If you have suggestions or thoughts you’d like to share with the Board of Trustees, their email addresses are below.

Dent_Trustee@IVGID.org

Schmitz_Trustee@IVGID.org

Tonking_Trustee@IVGID.org

Noble_Trustee@IVGID.org

Tulloch_Trustee@IVGID.org

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