Chapter 8.28
PUBLIC DOCKS

Sections:

8.28.010    Public use.

8.28.020    Alcoholic beverages prohibited.

8.28.030    Boat fueling or repairing prohibited.

8.28.040    Motorized vehicles prohibited.

8.28.050    Mooring time limit.

8.28.060    Commercial activity prohibited.

8.28.065    Unloading/loading zones.

8.28.070    Penalties and remedies.

8.28.010 Public use.

The dock extending from Jerisich Park into the waters of Gig Harbor Bay is for the use and enjoyment of the general public. (Ord. 330 § 1, 1979).

8.28.020 Alcoholic beverages prohibited.

There shall be no alcoholic beverages consumed on the dock. (Ord. 330 § 2, 1979).

8.28.030 Boat fueling or repairing prohibited.

There shall be no fueling or repairs of boats on, from or in conjunction with the use of the dock. (Ord. 330 § 3, 1979).

8.28.040 Motorized vehicles prohibited.

There shall be no motorized vehicles on the dock except as authorized by the city. (Ord. 330 § 4, 1980).

8.28.050 Mooring time limit.

Boats may moor to the dock for a period not to exceed 48 continuous hours. A boat shall not be moored at the dock for more than one 48-hour period within any seven-day period. A boat shall not be moored at the dock in excess of 48 hours for any seven-day period whether continuous or not. (Ord. 794 § 1, 1998; Ord. 330 § 5, 1979).

8.28.060 Commercial activity prohibited.

There shall be no commercial activity conducted from the dock. (Ord. 330 § 6, 1980).

8.28.065 Unloading/loading zones.

A portion of the dock shall be set aside and clearly marked and signed on the city dock for unloading and loading of watercraft passengers. Watercraft may use the unloading/loading zone only for the purpose of unloading and loading of watercraft passengers or use of the waste disposal facilities; a person responsible for navigating such watercraft must remain on board while temporarily moored at the city dock; and such watercraft shall be moved from the unloading/loading zone either immediately after passengers have disembarked or if another watercraft needs to use the unloading/loading area. (Ord. 794 § 2, 1998; Ord. 478 § 1, 1986).

8.28.070 Penalties and remedies.

A. Violations of this chapter shall be deemed a public nuisance under RCW 35.27.410 and in violation of the safety, health, morals and general welfare of the city.

B. Such remedies given by law for the prevention and abatement of nuisances shall apply hereto.

C. Appropriately located signs shall inform users of the dock of moorage time limits as expressed in GHMC 8.28.050 and shall be deemed notice as warning of impoundment by violations.

D. Violation of any portion of this chapter is an infraction and subject to a penalty of $100.00 as provided in GHMC 1.16.010D. Said violation shall be just cause for the violating boat to be cabled to the dock to insure compliance with this chapter. Upon proper notice in accordance with subsections F and G of this section, the violating boat shall be impounded.

E. For the purposes of this chapter, the fact that a boat has been so left beyond the permissible time periods without permission or notification of the police department is prima facie evidence of abandonment.

F. When boats with proper license plates or vehicle registration displayed are found in violation of this chapter, the registered owner shall be notified by certified or registered mail that such boat is in violation of this chapter and that after 24 hours of receipt of the certified or registered mail notice, the violating boat will be impounded by the police department of the city.

G. When boats without proper license plates or vehicle registration displayed are found in violation of this chapter and parties claiming ownership to said boats are not known, notice of violation of this chapter shall be affixed in a prominent portion to the boat stating that 72 hours subsequent to the affixation of such notice of violation the boat will be impounded by the police department of the city.

H. Within five days of the impoundment of violating boats, the city shall notify by registered or certified letter said owner, if known, of the impoundment of the boat, the redemption procedure and the opportunity for hearing to contest the propriety of impoundment. If the owner of the boat is not known, publication of the boat’s description, make, model, size, and color, plus details of impoundment, redemption procedure and the opportunity for hearing to contest the propriety of impoundment within a newspaper of general and local readership shall constitute sufficient notice.

I. After 15 days of receipt of the registered or certified mail or publication in a general and local newspaper providing notice of the impoundment, the city shall hold for sale the impounded boat. Proceeds of the sale shall be applied to the towing and storage fees incurred through impoundment and any excess shall be deposited in the city treasury. (Ord. 460 § 12, 1985; Ord. 355, 1980; Ord. 338, 1980; Ord. 330 § 7, 1979).