Chapter 14.10
SMALL BOAT HARBOR AND PORT FACILITIES
Sections:
14.10.010 Port director.
14.10.020 Transactions to be conducted.
14.10.030 Registration.
14.10.040 Classification and use of mooring facilities.
14.10.045 Logs and log rafts on port facilities.
14.10.050 Unlawful acts.
14.10.060 Acts prohibited without the approval of the port director.
14.10.070 Rentals and fees.
14.10.080 Port facilities privilege agreement.
14.10.090 Duties of boat owners and operators.
14.10.100 Revocation of privileges.
14.10.110 Lien.
14.10.120 Removal of abandoned property.
14.10.010 Port director.
A. The port director and required assistants will supervise and manage the port facilities. The port director may hire a harbor master or other designee, and delegate duties as necessary for the operation and maintenance of the port facilities.
B. The port director shall supervise and manage the assignment of moorage stalls, the assignment of dry land storage and the use of the boat lift, launching ramps, grid iron and all other facilities made available by the city. The port director may, in the interest of safety or convenience, require any boat owner to change from one (1) moorage to another and may, in the absence of the boat owner, move the boat without incurring liability to the city.
C. The port director may, at his discretion, refuse moorage or storage to any boat which is cumbersome or may become a menace to the safety or welfare of another boat or its occupants. He may refuse the use of any facilities to a boat that may cause damage to the facilities. He may, at his discretion, refuse berthing to boathouses, floats, scows, log rafts, barges and other cumbersome floating structures.
D. Use of the port facilities by floating boat shelters, floating storage buildings, or houseboats is prohibited. The port director may refuse moorage or use of any of the port facilities to any boat or boat owner violating any provision of this code.
E. The port director shall have the duty and exclusive power to post signs and to thereby designate the limit of port facilities speeds, classification and use of port facilities moorage and storage areas, and such other signs and notices necessary to inform the public, and is authorized to direct all waterborne and vehicular traffic within the limits of the port facilities boundaries, including designated parking and storage areas. [Ord. 10-06 § 2; Ord. 209 § 5, 1992.]
14.10.020 Transactions to be conducted.
All registration of boats, payments of moorage and other charges, and other port facilities business shall be conducted at the port office. [Ord. 10-06 § 2; Ord. 209 § 5, 1992.]
14.10.030 Registration.
Every boat owner using the port facilities shall register his/her name, address, telephone number and the name and/or number of the boat with the port director on forms provided for that purpose. [Ord. 10-06 § 2; Ord. 209 § 5, 1992.]
14.10.040 Classification and use of mooring facilities.
A. All of the mooring spaces in the port facilities can be classified as either open mooring or reserved mooring. The use of either classification of mooring facilities is contingent upon payment of the appropriate fee as set forth in this chapter.
B. Areas designated as open mooring shall be open to all members of the public. Such areas shall be used primarily for temporary mooring. Open mooring spaces shall be utilized on a first- (1st-) come, first- (1st-) served basis. No boat owner shall have exclusive rights to open mooring space. Should any boat leave, it shall have no exclusive right to return to the same space.
C. Use of Reserved Mooring Facilities.
1. Every boat owner desiring to guarantee the availability of a mooring space, or to moor temporarily at any vacant reserved mooring space, shall apply to the port director. No such space shall be so reserved or assigned until the mooring fee has been paid.
2. Possession of a reservation for a reserved mooring space does not guarantee the holder any right to exclusive use of the reserved mooring for the duration of the reservation agreement. Possession of a reservation is a guarantee that the reserved mooring shall be available for the use of the holder of the reservation during those periods when the boat is within the port facilities. The port director may temporarily assign another boat to a reserved mooring as he determines it expedient when the boat assigned to a reserved mooring is away from the port facilities.
3. In the event that the holder of a reserved mooring returns to the port facility and finds his reserved mooring occupied, the holder shall contact the port director. The port director will cause the temporarily assigned boat to be moved to another location.
4. The boat owner who possesses a reserved mooring shall not sublease or in any other manner permit the use of the mooring by another boat owner without prior notification of the port director.
5. No property rights are created by this section. The holder shall only have a permit to use the mooring reserved to him as provided for in this chapter.
6. A waiting list will be maintained by the port director of names of persons requesting reserved moorings at times when no reserved moorings exist. As reserved moorings become available they will be offered to the first (1st) name on the waiting list whose LOA fits the criteria for the mooring available.
D. No boat shall be moored in any area designated by the port director as a loading area any longer than it is necessary for loading/unloading the boat. No unattended boats shall be left at any loading area.
E. No boat shall block or be moored in any area designated by the port director as a launching area any longer than necessary for launching/hauling out the boat.
F. Any person moving a boat they do not own shall report to the port director where the boat was moved from and where the boat has been moved to.
G. Any person having knowledge of a petroleum spill within the port facilities shall immediately report such spill to the port office; if the port office is closed, the spill shall be reported to the police department.
H. No person shall bring into, moor or berth within the port facilities any boat which is unseaworthy or is in such a badly deteriorated condition that it is liable to sink or damage port facilities or other boats or which may become a menace to navigation, except in cases of extreme emergency, in which case the boat owner shall be liable for any damage caused by such boat. In the event a boat sinks within the port facilities, the boat owner shall mark its location and provide for the raising and disposition of the boat and assume all liabilities for damage to city property and other boats in the port facilities.
I. No aircraft or float plane shall land, operate within, or take off from the port facilities or the entrance thereto.
J. Vehicles and boat trailers must be removed from the launching areas after the boat has been launched and parked only in areas designated and posted by the port director as parking areas. Vehicles and boat trailers parked in areas not designated and posted as parking areas may be removed and impounded.
K. Launching or hauling out of boats on skids is prohibited; trailers or other wheeled conveyances shall be used for launching or hauling out boats. Boats shall be launched at designated launching areas only.
L. Beach storage of supplies, merchandise, or other property of boat owners shall be limited to areas designated by the port director. Boat owners shall obtain a space assignment for storage of property from the port director and pay storage fees in advance.
M. Except as provided in BMC 14.10.045, no logs or firewood shall be unloaded and placed on the beach of the port facilities, and no log rafts shall be allowed within the port facilities or the entrance thereto.
N. No vessels will be allowed to be more than one (1) beam’s width from the dock. [Ord. 10-06 § 2; Ord. 04-15 § 2; Ord. 209 § 5, 1992.]
14.10.045 Logs and log rafts on port facilities.
A. Any person may request permission from the port director or designee to bring logs or a log raft into port facilities for off-loading. The purpose for the logs must be for personal use and not commercial use; commercial operations use the cargo dock or beach No. 1. Personal use includes use of the logs for home heating, artistic purposes, steambaths, or constructing shelters, fish racks, or fences.
B. A request must be submitted to the port director at least eight (8) hours in advance.
1. The port director has the sole discretion to grant, deny, or cancel a request.
2. The decision of the port director to deny or cancel a request may only be reversed for abuse of discretion if appealed under subsection I of this section.
C. The request will state the size and number of logs, method for removing logs from the water, the location for storing and off-loading the logs or log raft, cutting, off-loading, and/or removing the logs in the port facilities.
D. A request is good for allowing logs or a log raft in the port facilities for three (3) days. The logs or log raft, as well as all debris from the logs or log raft, must be removed within three (3) days from the port facilities unless extended at the discretion of the port director or designee.
E. Any logs, log raft, and/or debris that remains after the three- (3-) day request shall be declared abandoned and a public nuisance, and may be impounded, removed, sold, or otherwise disposed of in the following manner:
1. The port director shall send a registered or certified letter, with a return receipt, notifying the person at the address listed on the user’s request, that the logs, log raft, and/or debris has been impounded and may be removed, sold or otherwise disposed of within seven (7) days after the date of the letter, unless the user:
a. Redeems the property by payment of all the charges listed in the letter, which shall include expenses for clearing and storing the logs, log raft, and/or debris; or
b. Timely submits a written appeal to the port commission under subsection I of this section.
2. If the property is not redeemed and no appeal is filed, the logs, log raft, and/or debris may be disposed of by public auction if valued by an independent appraiser at over one thousand dollars ($1,000), or, if valued at one thousand dollars ($1,000) or less, may be disposed of as junk, donated to a governmental agency or local nonprofit agency, or destroyed.
F. The user is liable for any expenses incurred by the city for the removal, storage, and/or disposal of the logs, log raft, and/or debris. Additionally, even if the logs, log raft, and/or debris are sold, the user shall be liable for any remaining charges not covered by the sales proceeds. Interest and collection costs shall be included regarding any charges that are not paid within thirty (30) days of the billing by the port director under subsection E of this section. Penalties may also be imposed and the city may seek injunctive relief in accordance with BMC 14.02.086. Additionally, the user shall be subject to loss of privileges for use of the port facilities until all charges, interest, collection costs, and any penalties are paid.
G. Repealed by Ord. 10-06.
H. In accordance with BMC 14.02.070, any person acting under this section shall be strictly liable to the city without regard to fault or negligence for any damage to the port facilities or any property owned by the city caused directly or indirectly by the log raft or logs while entering into or while in the port facilities.
I. Any appeal must be filed in writing with the port commission within seven (7) days after the port director denies or cancels a permit, or issues a letter that assesses charges, interest, collection costs, and/or penalties, or denies the user use of the port facilities. Any appeal of a decision of the port commission issued under this subsection shall be in writing and filed with the city council within seven (7) days of the date of the written decision by the port commission. [Ord. 10-06 § 2; Ord. 04-15 § 3.]
14.10.050 Unlawful acts.
It is unlawful for any person within the small boat harbor to:
A. Operate or to be in actual control of any boat when under the influence of intoxicating liquor, illicit narcotics, or other dangerous drugs;
B. Operate or cause to be operated any boat within the small boat harbor that exceeds the posted speed limit or causes a wake or wave action;
C. Operate or cause any boat to be operated recklessly or otherwise engage in a course of conduct that is dangerous or a nuisance to persons or property;
D. Throw or otherwise cause to be deposited any gasoline, oil, sewage, trash, garbage or debris of any type into the water’s entrance or upon the grounds of the small boat harbor;
E. Create, become or maintain any nuisance;
F. Allow dogs or any other animal to run at large. Dogs shall be on a leash and accompanied by the owner who shall be responsible for removing any offal left by the dog;
G. Allow children under the age of twelve (12) years within the float or beach area of the small boat harbor unless they are accompanied by a responsible adult;
H. Disregard, deface, remove, tamper with, or damage any sign or notice posted by the port director;
I. Fail to register with the port director any boat prior to occupying the small boat harbor facilities;
J. Pump bilge water into the small boat harbor;
K. Deposit, place or leave any cargo, merchandise, supplies, articles or things upon any float, ramp, decline, walk or other public place except at such places as may be designated as loading areas;
L. Dump any offal or refuse, including but not limited to waste materials from canneries, fish processors, and other land- or water-based facilities within the small boat harbor or in such close proximity as to cause overflow or drift of such material into the small boat harbor or the entrance thereto;
M. Store any explosives, gasoline, or any other flammable substance in drums, cans, or any other type of containers;
N. Set any net or fish-taking device unless it is attended at all times and does not interfere with the movement of boats within the small boat harbor;
O. Swim, waterski, jetski;
P. Refuse to comply with any lawful order of the port director or his designee;
Q. Operate on any wharf or float any wheeled conveyance including, but not limited to, three (3) wheelers, motorcycles, bicycles, tricycles, in or on which a person or persons is carried or transported, with the exception of wheel chairs, and those conveyances used only to transport provisions to and from the boat. [Ord. 209 § 5, 1992.]
14.10.060 Acts prohibited without the approval of the port director.
The following acts are prohibited without the approval of the port director:
A. Using a boat as a residence;
B. Major maintenance and repair work, including but not limited to sandblasting, welding, burning and outfitting;
C. Tapping, connecting, disconnecting, or interfering or tampering with electrical outlets, meters or devices installed within the small boat harbor facility;
D. Building any type of float, shed, floating boat shelter, or structure within the small boat harbor;
E. Moving or altering any wharf, float, gang plank, ramp or other facility;
F. Posting of signs;
G. Conducting any commercial business within the small boat harbor. [Ord. 209 § 5, 1992.]
14.10.070 Rentals and fees.
A. A schedule of mooring charges and fees shall be established by the port commission. The charges and fees shall be effective if approved by ordinance adopted by the city council.
B. The rental of moorage space shall be on a seasonal basis. At the discretion of the port director, monthly rentals or moorage may be charged by prorating the seasonal fees.
C. At his discretion, the port director may charge a new renter on a prorated basis from the date of entry into the small boat harbor.
D. Mooring, rental, storage, or other small boat harbor facility fees shall be paid in advance. The watercraft or other equipment or gear of a person who fails to register with the port director or to pay moorage, rental, storage or other fees in advance of using the small boat harbor facilities will be moved and/or impounded by the port director consistent with federal and state law.
E. The port director shall prepare a receipt for all moneys paid for small boat harbor fees. The receipt shall be prepared in triplicate. The payer shall be given the original copy, a copy shall be given to the city clerk with the payment, and a copy shall be retained by the port director. [Ord. 01-18 § 7; Ord. 209 § 5, 1992.]
14.10.080 Port facilities privilege agreement.
A small boat harbor privilege agreement in a form approved by the city council shall be signed by the applicant and, in the event the applicant is not the boat owner, endorsed by the boat owner agreeing to the terms and provisions thereof. The following terms and provisions shall be made part of the small boat harbor privilege agreement.
A. Applicant also agrees to pay, in advance, moorage, rental, storage and other fees and charges at rates established by the city.
B. The applicant agrees that any unpaid fees and charges shall become a lien against the boat described in this agreement.
C. Nothing herein contained shall be interpreted to impose upon the city any obligation or responsibility for the care and protection of any private property, including boats, this agreement being limited to privileges of moorage space only. Applicant expressly consents and authorizes the city to move the boat in the event that rents, fees or charges are not paid, ordinances or regulations are violated, or in the event of necessity or emergency. Applicant further agrees to hold the city harmless against the loss, damage or theft of the boat, including its equipment, nets, gear, tanks, lines or other personal property on, attached, or related to said boat. [Ord. 10-06 § 2; Ord. 01-18 § 8; Ord. 209 § 5, 1992.]
14.10.090 Duties of boat owners and operators.
A. Every boat owner using the small boat harbor facilities shall take reasonable precautions to see that their boat is kept clean, well secured, free from fire hazards of all types, sufficiently pumped out to float and otherwise attend to the requirements of the boat to avoid damage to other boats or to the small boat harbor.
B. The port director may but is not obligated to replace defective mooring lines, pump out boats which are in danger of sinking, or move any boat which may be creating a hazard to other boats or the small boat harbor facilities. The boat owner shall pay the city’s actual costs for these services. [Ord. 209 § 5, 1992.]
14.10.100 Revocation of privileges.
Small boat harbor privileges will be revoked in the event of the default in the performance of any obligation or failure to comply with any ordinance or regulation of the small boat harbor. Small boat harbor privileges may be revoked by the port director if the noncompliance continues for a period of thirty (30) days from the date a certified letter noticing the default is mailed to the permittee. [Ord. 209 § 5, 1992.]
14.10.110 Lien.
The city shall have a lien upon any watercraft or other property for which rent, fees, moorage, wharfage or other fees, charges or services are not paid when due. [Ord. 01-18 § 9; Ord. 209 § 5, 1992.]
14.10.120 Removal of abandoned property.
Any nets, gear, tanks, lines and other personal property which is deposited, stored, or otherwise placed on any of the small boat harbor facilities without a permit for a period of over twenty-four (24) hours is declared to be abandoned and a public nuisance and may be impounded, removed, sold, or otherwise disposed of in the manner provided for in BMC 14.02.100. [Ord. 209 § 5, 1992.]