Chapter 12.08
SMALL BOAT HARBOR

Sections:

12.08.010    Small Boat Harbor Enterprise Fund.

12.08.020    Use.

12.08.030    Classification of harbor areas.

12.08.040    Qualifications for use.

12.08.050    Allocation of stalls.

12.08.060    Duties of boat owners.

12.08.070    Rents, fees and penalties.

12.08.080    Prohibited acts.

12.08.090    Nuisances.

12.08.100    Abandoned property.

12.08.110    Nonliability of municipality.

12.08.010 Small Boat Harbor Enterprise Fund.

A.    The Small Boat Harbor shall be operated in a businesslike manner such as other public utilities and enterprises and shall be operated from a fund separate from the general fund. An accounting system for this fund shall be established within the general accounting system of the municipality, and shall be set up and maintained so as to reflect the financial condition of the enterprise and its income and expense. All balance sheets and statements of income and expense (profit and loss) shall be made for this enterprise annually and as often as the assembly may require, and published annually in a condensed form.

B.    None of the income, money, resources or property of the small boat harbor shall be placed in the general fund or be used for the benefit of anything outside of the fund to which it belongs without due compensation or due value received in return; provided, that this shall not prohibit payment into the general fund by the small boat harbor enterprise fund of an amount in lieu of taxes reasonably estimated to be the amount which the enterprise would pay in taxes if it were privately owned.

(Ord. 11-19, Repealed & Replaced, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.020 Use.

A.    Access. The Small Boat Harbor shall be open to all on an equal basis. No special preference shall be granted to accommodate one (1) type of user over another. The extensions of the municipal streets and sidewalks and public access to the harbor shall be maintained at all times. Commercial enterprises or businesses shall not be permitted to conduct business of a permanent or continuing nature within the Small Boat Harbor, or from a vessel using the facilities. This shall not be construed as an absolute prohibition of any type of commercial transaction in the boat harbor on an occasional basis. A commercial fishing vessel or charter boat operator would not be considered a commercial business enterprise in this case since the business is essentially conducted elsewhere and the Small Boat Harbor is merely a point for embarking and disembarking.

B.    Use of Harbor -- Implied Agreement. The mooring or use or presence of any boat within the Small Boat Harbor shall constitute an agreement by the owner, operator, master or managing agent to conform to the provisions of this title.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.030 Classification of harbor areas.

A.    Stalls. Numbered areas shall be set apart and designated for use of privately owned boats, both commercial and pleasure, upon the owners thereof having first made arrangements with the harbormaster and having paid the rent as hereinafter provided. Each stall shall be numbered in such a manner that its location can be readily determined. No property rights or rights to exclusive use are created by the renting of a mooring space; rather, the renter of a stall is granted only preferential berthing privileges for the use of the assigned moorage for so long as he has a vessel and pays his moorage fees.

B.    General Public Open Mooring. All float spaces and stalls except those reserved are designated general public open-mooring areas. The harbormaster may designate and mark stalls and spaces at other facilities as general public open-mooring areas. All such general public open-mooring areas shall be open to all members of the public for transient and other temporary use for mooring boats. No boat or boat owner shall have exclusive right to a general public open-mooring space or stall. Should any boat moored at such space or stall leave it for any purpose, it shall have no exclusive right to return to the same space or stall if upon return it is found that the space is occupied by another boat. To constitute a break in mooring, a boat must be absent from the boat harbor for not less than twenty-four (24) consecutive hours. The harbormaster may, at his discretion, deny to any boat the use of general public open mooring.

C.    Gridiron. The harbormaster may make uniform rules determining what types of vessels may use the gridiron, as well as allowable weight of any such vessels. No owner or operator shall occupy gridiron space except for such reasonable times as are required to accomplish bottom painting, repairs, and other customary gridiron uses. The use of the gridiron and the length of time during which it may be used shall be in the discretion of the harbormaster. The borough assembly, by resolution, may set fees for the use of the gridiron.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.040 Qualifications for use.

A.    Safe Condition of Vessel. To qualify or remain qualified for space, a boat, except an approved boat shelter, must be seaworthy, must be equipped and maintained in accordance with subsection E of this section, and must have sufficient motive power to permit the boat to be maneuvered and controlled safely in and out of the boat harbor under wind and water conditions which are not unusual and do not constitute a hazard to small craft.

B.    Demonstration. Whenever the harbormaster has probable cause to believe that a boat is not qualified under the conditions of this section, he may require, upon seventy-two (72) hours’ notice to the owner, operator, master or managing agent of any such boat, that such boat demonstrate that it is or remains qualified. An exception shall be made where repairs are being diligently pursued or where other extenuating circumstances prevent demonstration of qualification, but such exception shall be only for a reasonable time, considering the circumstances.

C.    Refusal of Mooring. The harbormaster may refuse mooring space to any boat which does not qualify; it shall be a condition of every rental agreement that any boat authorized to moor at a rental space in the boat harbor shall remain qualified so long as it remains in the boat harbor. The harbormaster may cancel the rental agreement for any mooring space which is occupied by a boat which is authorized to occupy such space, but which boat is not qualified in accordance with this section. Upon failure of a boat to qualify, the harbormaster may require, upon notice to the owner, operator, master or managing agent of such boat, that the rental agreement has been canceled, that such boat be removed from the boat harbor within not less than one (1) week. Any such boat remaining after the time specified in the notice shall be subject to impoundment or removal as a nuisance.

D.    Self-propelling Capability. Every boat must clear the boat harbor under its own power on at least three (3) occasions each year. Two (2) such occasions must not be less than three (3) months nor more than six (6) months apart. Failure to comply with this subsection shall raise a presumption that the boat is not qualified.

E.    Required Equipment. All watercraft or vessels shall carry the equipment required by any applicable United States laws or regulations, as now or hereafter amended, and shall be numbered or designated in accordance with any applicable United States laws or regulations as now or hereafter amended. In the absence of extenuating circumstances, failure of any boat or vessel within the boat harbor to comply with applicable United States laws or regulations shall be a violation of this title. Violations shall be reported to the U.S. Coast Guard.

F.    Commercial Use.

1.    Commercial Operations. No moorage space shall be sublet or rented to any firm or individual for the purpose of conducting any commercially oriented business enterprises at the facilities; except that charter vessels, including aircraft, may pick up and discharge passengers at any space rented to such vessel or aircraft, but may not pick up or discharge cargo at any space or any other part of the facilities of the boat harbor except at spaces designated for such use.

2.    Temporary Permit. The harbormaster may, at his/her discretion, grant a temporary permit to the owner, operator, master or managing agent of a vessel moored in the boat harbor to conduct short-term and occasional commercially oriented activities at the vessel of such owner, operator, master or managing agent, provided that such activities may not in any way interfere with the normal use of the boat harbor by other users of the facility. The borough assembly may, by resolution, set additional terms and conditions for the issuance of such permits. The issuance of a permit under this section shall not in any manner reduce or replace any other requirement for permits or licenses, but shall be in addition to such other permits or licenses.

G.    Size and Types of Vessels. No vessel with a length in excess of one hundred fifty (150) feet shall be allowed to enter the Small Boat Harbor except in an emergency. Under no circumstances shall excessively large vessels be allowed to secure to the float systems. Barges, boathouses, boat shelters, log rafts, scows, pile drivers and other cumbersome floating structures shall not be permitted to secure to the floats unless specific provisions for accommodations are made and the harbormaster grants approval.

H.    Live-Aboards.

1.    Watercraft used as a combination domicile and pleasure or commercial vessel shall not necessarily be prohibited from using the harbor, but owners shall be required to pay for garbage, water and other harbor service commensurate with their increased usage of the facilities. All live-aboard water craft shall meet the following criteria:

a.    Be powered by an inboard motor or an inboard motor or an inboard outdrive, but not powered by an outboard motor alone;

b.    Be capable of "getting underway" at all times;

c.    Meet all U.S. Coast Guard requirements for safe navigation on the open roadstead;

d.    Contain adequate toilet facilities capable of meeting all U.S. Coast Guard and EPA standards for direct water discharge;

e.    Be a "watercraft," constructed and maintained for the primary purpose of navigating the waterways of Alaska, and not for the specific purpose of maintaining a permanent place of residence.

2.    The harbormaster shall discourage use of the harbor by live-aboards where it is known that the watercraft will be or is being utilized as a permanent place of residence only.

I.    Aircraft. Aircraft normally shall be moored only at the float specifically provided and designated for use by floatplanes. Under no circumstances shall aircraft be permitted to secure to the float system as long as there is a shortage of space for the mooring of boats.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.050 Allocation of stalls.

A.    Stalls -- Vessel Registration. All stalls and moorage shall be rented in the name of the renter or occupants on a preferential-usage basis, by a vessel owned by the renter and specifically designated on the rental agreement by name and/or Coast Guard registration number. No other vessel may occupy a stall or moorage so rented except on a temporary basis upon agreement of the renter and approval of the harbormaster.

B.    Preference Rights.

1.    The renter of a stall or moorage shall have a preference for renewal of the rental so long as he owns a vessel, pays the prescribed fees, and complies with the provisions of this title. The sale by the renter of the vessel named in the moorage agreement constitutes termination of the moorage agreement unless the renter replaces the vessel with a boat of similar size, or demonstrates to the satisfaction of the harbormaster that he intends to replace the vessel within a reasonable period of time. The renter who sells the vessel designated in the moorage agreement may retain the moorage only if he acquires another vessel, and he shall not subrent or otherwise assign his interest in the berth to another person. The practice of selling the stall with the vessel is strictly prohibited. A berth so vacated shall be assigned by the harbormaster to the next person on the approved waiting list.

2.    Preference in renting of stalls or alongside moorage on an annual basis shall be given to U.S. citizens or organizations owning the boat to be moored, or persons having permanent resident status from the U.S. Immigration and Naturalization Service. Foreign citizens may rent annual reserved moorage on an as-available basis, but shall not be entitled to automatic renewal; on the termination of the rental period, U.S. citizens and permanent residents on the waiting list shall have priority to rent the space.

C.    Maximum Utilization of Stalls. Stall assignments shall be made to insure maximum usage of stall space. The harbormaster shall establish minimum and maximum boat lengths and maximum beams permitted for each type and size stall available. Stall assignments or uses not in compliance with established maximums and minimums shall not be made except in unusual or temporary situations, and only with the express approval of the harbormaster or his designee. No vessel may be assigned or use more than one (1) stall which is under the control or ownership of the municipality.

D.    Seniority of Leases. A seniority list of stall renters shall be maintained by the harbormaster as a basis for reassignment of stalls to those wishing to improve their stall locations.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.060 Duties of boat owners.

A.    Application for Space. Every owner, master, operator or managing agent desiring to moor at a stall or numbered mooring space shall apply to the harbormaster. No stall space shall be used until so assigned and the rental is paid as herein provided.

B.    Registration. Every owner, master or managing agent of any boat using the mooring facilities of the boat harbor is hereby required to register his name, telephone number, post office and street address, and the name and number of the boat, its length, its breadth and registered tonnage, if any, with the harbormaster on forms to be provided by him for that purpose within four (4) hours after the boat enters and moors at any float in the boat harbor.

C.    Identification. If federal law, rule or regulation does not compel the numbering or other identification of any boat or vessel, the borough assembly shall determine by resolution how such boats shall be identified, and thereafter no such boat or vessel nor any other boat or vessel shall be allowed in the boat harbor unless it is properly identified. Failure by any owner, operator or master to so identify any boat or vessel using the boat harbor shall be a violation of this title.

D.    Duties. In addition to the duties of registration and identification as herein provided, every owner, master, operator or managing agent of any boat using the mooring or other facilities of the boat harbor shall be obliged to use due diligence in performing the following requirements:

1.    Use all reasonable precautions in keeping the boat in his charge in a reasonably clean and sanitary condition, with special attention to pure water and sanitary toilets;

2.    Use all reasonable precautions in keeping the boat in his charge free from fire hazards of any type or nature;

3.    Use all reasonable effort and precautions in keeping the boat in his charge well-secured, securely moored with lines in reasonably fit condition, sufficiently pumped out at all times to keep the boat afloat, and to otherwise attend the needs of the boat to avoid need for attention by the harbormaster;

4.    Use adequate precautions to lock up and stow and otherwise safeguard all movable gear and tackle;

5.    Promptly pay all charges and taxes assessed or levied according to law either against the boat or its owner, and all rental and charges for utilities requested and ordered for the boat;

6.    Supply and use adequate fenders to safeguard floats and vessels from chafing and other damage.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.070 Rents, fees and penalties.

A.    Basis.

1.    As owner and operator of the small boat harbor, the municipality is responsible for the funding of all costs of operation and maintenance of the facility. Accordingly, the borough assembly shall set the moorage fees at levels sufficient to:

a.    Provide adequate moorage rent of the small boat harbor;

b.    Satisfy all maintenance requirements, current and future;

c.    Retire any existing debt obligations;

d.    Provide for contingencies and emergencies;

e.    Provide adequate capital for replacement of facilities at the end of their useful life;

f.    Provide and operate electrical utilities, potable water, fire protection, harbormaster office and services, vehicle parking areas and sanitary facilities.

2.    The schedule of fees for rental of annual moorage space and for monthly and daily transient moorage shall be reviewed annually by the borough assembly and adjusted by resolution as deemed appropriate. The moorage fee/stall rental fee shall be based upon length of the boat.

B.    Terms. All mooring and stall rentals, fees, and other charges for use of boat harbor facilities, terms of rental agreements, and procedures for applying for space and making rental payments shall be established by the borough assembly by resolution. Failure of any boat owner, master, operator or managing agent to register or pay mooring or service fees provided by this title shall be presumed to be an abandonment.

C.    Rental Periods. The leasing or rental of space in the boat harbor shall be based on a fiscal year running from April 1st through March 31st. Rents are not refundable, and are payable in advance for the full year. A new annual renter or lessee may be charged on a pro rata basis from the date of entry into the boat harbor to the next due date, and on a yearly basis thereafter. No other pro rata rates, fees or charges are implied in this section. Transient moorage space shall be rented only on a daily basis or for one (1) month periods based upon calendar months. If the moorage/stall rental fees or other charges are not paid by the due date, the harbormaster may impound and/or confine the vessel or boat.

D.    Billing Period. Billing for annual rentals shall be mailed the first week of March, and payment is due and payable to the borough clerk on or before April 10th.

E.    Collection of Transient Moorage Fees. Transient moorage fees for daily or monthly moorage space shall be paid to the harbormaster, in advance whenever feasible.

F.    Penalties. For violations of this chapter refer to Chapter 1.20, General Penalty. Violations are subject to civil fines established by resolution.

(Ord. 15-08, Amended, 03/05/2015; Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.080 Prohibited acts.

A.    It is unlawful for any owner, master, operator or managing agent or other person to commit any of the following acts:

1.    To operate or cause to be operated any boat within the limit of the boat harbor in excess of five (5) miles per hour, but in no case shall the speed be in excess of that which causes a disturbing wake;

2.    To operate or cause to be operated any boat in a reckless manner and in willful or wanton disregard for the safety of persons or property within the limits of the boat harbor;

3.    To operate or cause to be operated any boat in a negligent manner likely to endanger the safety of persons or property within the limits of the boat harbor;

4.    To operate or to be in actual physical control of any boat when under the influence of intoxicating liquor or narcotic drugs;

5.    To authorize or knowingly permit any boat to be operated by any person who is under the influence of intoxicating liquor or narcotic drugs;

6.    To operate any boat in a manner which unreasonably or unnecessarily interferes with other watercraft or vessels, or with the free and proper navigation of the waterways of the boat harbor;

7.    To authorize or knowingly permit any boat to be operated by any person who, by reason of physical or mental disability, is incapable of operating such boat under the prevailing circumstances;

8.    To do or omit to do in or upon the boat harbor any act, if the doing or omission thereof unreasonably endangers or is likely to unreasonably endanger persons or property;

9.    To violate any provision of this title, or any rule, regulation, order or posted sign made pursuant hereto;

10.    To leave any boat, vessel or floating structure moored at any of the harbor facilities unattended while any fire is burning thereon, unless such fire is in a range, stove, space heater or furnace. The fuel flow to such range, stove, space heater or furnace shall not be controlled by a drip valve carburetor, but rather a safe control of a type approved by the harbormaster. Any fire shall be deemed unattended unless the owner or operator is within one hundred feet (100’) feet of the boat, or some person over the age of eighteen (18) years and capable of moving the boat or vessel is aboard or within one hundred feet (100’) of the same;

11.    To create or maintain any nuisance within the boat harbor or to conduct or carry on any unlawful business or occupation therein; and all of the provisions of this code defining offenses and prescribing penalties for the violation thereof are hereby expressly extended to the boat harbor;

12.    For any owner or person in charge of any dog or animal to allow or permit the dog or animal to run at large upon or to be tethered or restrained to any part of a float or dock, or to permit any dog to become or create a nuisance thereon. Only the dogs of owners of boats legally moored in the harbor, or the dogs of the guests of such boat owners, shall be permitted on the floats, but then only when on a leash and for such minimum time as is necessary to go between the boat and shore;

13.    To deposit, place or leave any cargo, merchandise, supplies, freight, articles or things upon any float, ramp, decline, walk or other public place in the boat harbor excepting at such places as may be designated as loading and unloading spaces by the harbormaster. Materials used in repairing or rebuilding boats shall not be stored on any float or dock;

14.    To tap, connect, disconnect, interfere with or tamper with any water outlet, water pipe, water connection or any electrical wiring, electrical outlet or electrical device of any kind, installed or maintained in the boat harbor, without first having obtained the permission of the harbormaster; or to interfere with or tamper with any wharf, float, gangplank, ramp, or any other facility of the boat harbor;

15.    To write or post any written or printed matter or sign upon any bulletin board constructed or maintained by the municipality in the boat harbor without first having obtained permission of the harbormaster;

16.    To erect, place, post or maintain any advertising matter, sign or other printed matter other than legal notices on any part of the boat harbor facilities, without approval thereof first being obtained from the borough manager. All unauthorized advertising and signs shall be removed by the harbormaster;

17.    To disregard, deface, remove, tamper with or damage any sign or notice posted or erected by the harbormaster or by direction of the borough assembly relating to the use of the mooring areas or other uses of the boat harbor;

18.    To moor or anchor any boat, vessel or other floating structure within two hundred feet (200’) of any of the float, dock facilities or entrances or exits of the boat harbor in such a manner as to obstruct access to the boat harbor or its float and dock facilities;

19.    To install or secure to any float, dock or stall, either permanently or temporarily any bumper other than standardized, premolded rubber or vinyl bumpers of a commercial manufacture;

20.    To conduct any commercially oriented business enterprise at the boat harbor facilities unless specifically authorized as provided under this title. Preparation and repair of a commercial fishing boat or its gear and the pickup and discharge of charter passengers by boats or aircraft renting space in the boat harbor is not conduct of a commercially oriented business within the meaning of this subsection;

21.    To engage in the practice of private subleasing or "hot bunking" of an assigned mooring space. Any subleasing or "hot bunking" assignments shall be made only by the harbormaster, who shall collect the normal transient use fee therefor.

B.    No person under the age of sixteen (16) years shall be allowed on the dock and floats, or in the boat harbor, unless in the company and under the control of such person’s parent or guardian or some other person over the age of eighteen (18) years, and for the time and place exercising the responsibilities of such person’s parent or guardian. A person under the age of sixteen (16) years may apply to the harbormaster and for good cause shown may be granted a permit to go on the dock and floats or in the boat harbor without accompaniment. Such permit may be restricted and conditioned as, in the judgment of the harbormaster, is warranted by the circumstances. Such permit shall be revocable by the harbormaster if the permittee abuses the privilege of access to the boat harbor. Good cause for the purposes of this section shall consist of:

1.    Care of boats;

2.    Entering or exiting the harbor by boat;

3.    Residence aboard a vessel legally in the boat harbor;

4.    Employment requiring access to the boat harbor; or

5.    Other legitimate and compelling reasons where denial of access would create an undue hardship on the person.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.090 Nuisances.

A.    Derelicts. For the purpose of this policy and in the interest of the greatest use of the facilities of the boat harbor and the municipal waters by the general public, boats in the boat harbor and elsewhere on the municipal waters which are derelicts and unfit and unseaworthy, or which are maintained in such manner as to make them liable to sinking for lack of being pumped or other maintenance, or which have been declared unqualified by the harbormaster, or which are maintained in a manner as to constitute a fire hazard, and sunken boats and boats in imminent danger of sinking, are hereby declared to be nuisances and subject to abatement and removal from the boat harbor, or other municipal waters, by the municipality without liability of the municipality for any damage done by virtue of the removal or for any of its consequences.

B.    Sunken or Obstructive Boats. When any vessel or watercraft or obstruction has been sunk or grounded, or has been delayed in such a manner as to stop or seriously interfere with or endanger navigation, moored boats or any harbor vessels, the harbormaster may order the same immediately removed; and if the owner or other person in charge thereof after being so ordered does not proceed immediately with such removal the harbormaster may take immediate possession thereof and remove the same, using such methods as in his judgment will prevent unnecessary damage to such vessel or watercraft or obstruction. The expense incurred by the municipality in such removal shall be paid by the owner, and in case of failure to pay the same the municipality may maintain an action for the recovery thereof.

C.    Floating Objects. All vessels, watercraft, logs, piling, building material, scows, houseboats or other articles of value found adrift in the municipal waters of the municipality may be taken in charge by the harbormaster and may be subject to reclamation by the owner thereof on payment by him to the municipality of any expenses incurred by the municipality; and in case of failure to reclaim, may be sold or disposed of as abandoned property.

D.    Other Nuisances.

1.    Refuse of all kinds, structures or pieces of any structure, dock sweepings, dead animals or parts thereof, timber, logs, piles, broomsticks, lumber, boxes, paint, empty containers, and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature are hereby declared to be public nuisances, and it is unlawful for any person to throw or place, or cause or permit to be thrown or placed, any of the above-named articles or substances in the boat harbor or municipal water, or upon the shores thereof, or in such position that the same may or can be washed into the boat harbor or municipal waters, either by high tides, storms, floods or otherwise. Nets, gear, and other material left on any float or dock for more than ninety-six (96) hours are hereby declared a nuisance.

2.    Any person causing or permitting such nuisances shall remove the same; and upon his failure to do so, the same may be removed or caused to be removed by the harbormaster. When the harbormaster has authorized such nuisances to be removed or stored commercially, all costs of such commercial removal or storage shall be paid by and recoverable from the person creating the nuisance. The abatement of any such public nuisances shall not excuse the person responsible from any other applicable penalties provided by this title.

E.    Abatement or Disposal. Nuisances described under this section constituting a clear and present danger to the public health and welfare may be removed, impounded and disposed of by the municipality. Other nuisances under subsection D of this section may be impounded, disposed of by destruction, private sale, or any other means deemed reasonable by the manager and, in the case of boats or other valuable property, procedures providing due process to the property owner. Such disposition is to be made without liability to the owner of the nuisance.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.100 Abandoned property.

A.    Any boat in the boat harbor or in any of the municipal waters which is abandoned may be impounded, removed, sold or otherwise disposed of as provided herein. Failure of any boat owner, master, operator or managing agent to register or pay moorage fees or service fees provided by this title shall be presumed to constitute an abandonment.

B.    Procedure for Impounded Boats.

1.    Storage Charge. When the municipality has impounded or removed any boat, the owner, master, operator or managing agent thereof shall be subject to and liable for a storage charge set by the borough assembly by resolution, and shall be subject to and liable for all costs incurred by the municipality by reason of the impounding or removal.

2.    Notice to Owner. Immediately upon impounding or removing any boat, the municipality shall cause to be posted in the harbormaster’s office or bulletin board, the clerk’s office, and on the bulletin board at the entrance of the United States Post Office, notice of such action taken by the municipality. A copy of the notice shall be mailed by certified mail, return receipt requested, to the owner, master or registered agent of the boat at his last known address, which address shall be the same as that furnished to the harbormaster. The notice shall contain the name and/or number of boat; the name and address, if known, of the owner, master, operator or managing agent; the location of the boat; the reason for the boat’s impoundment; and the opportunity for a hearing before the harbormaster no later than twenty (20) days following the postmark date of the mailed notice. For documented vessels, the same notice shall be mailed to any mortgage holder whose name and address are recorded with the U.S. Coast Guard.

3.    Notice of Sale. Any boat impounded or removed shall be held by the municipality for a period of not less than thirty (30) days, during which the municipality shall publish in a newspaper of general circulation in the municipality a notice describing the boat in general terms, its name and/or number, if any; the name and address of the owner, master, operator or managing agent, if known; or if not known, shall state the location of the boat; and the intention of the municipality to sell the same at public auction, on a day and at a place and time certain, for cash to the highest bidder unless the boat is sooner redeemed. At any time prior to the start of the auction, the owner, master, operator or managing agent may redeem the boat by a cash payment of all municipal charges against the boat.

4.    Sale. The minimum acceptable bid shall be a sum equal to the municipality’s charges against the boat. The proceeds of the sale shall be first applied to the costs of sale, then to moorage and service fees accrued, and the balance, if any, shall be held in trust by the municipality for the owner of the boat to claim; and if not claimed within one (1) year, the balance shall be deposited into the boat harbor facilities fund. Upon the sale being made, the municipality shall make and deliver its bill of sale, without warranty, conveying the boat to the buyer.

5.    Other Disposition. If at the public sale there are no bidders for the boat, the municipality may destroy, sell at private sale, or otherwise dispose of the boat. The disposition is to be made without liability to the owner, master or lienholder of the boat.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)

12.08.110 Nonliability of municipality.

Any transient, or any lessee or any renter using the boat harbor or appurtenant facilities agrees that the relationship between the municipality and such transient, lessee or renter is simply that of landlord and tenant. A transient, lessee or renter using the boat harbor or any appurtenant facilities further agrees that the municipality:

1.    Does not accept any boat or aircraft for storage;

2.    Shall not be held liable in any manner for the safekeeping or condition of the boat or aircraft;

3.    Is not responsible as warehouseman;

4.    Shall not be held responsible or liable for any damage or loss to or of the boat or aircraft, its tackle, gear, equipment or property, either upon the boat or aircraft, or upon the premises of the boat harbor, and from any cause whatever; or for injury to the lessees or renters occasioned by any cause upon the premises of the boat harbor or adjacent thereto.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)