Chapter 11.28
NUISANCES AND DEBRIS

Sections:

11.28.010    Floating objects.

11.28.020    Drifting debris.

11.28.030    Nuisances.

11.28.040    Oil spillage prohibited.

11.28.050    Sunken vessels.

11.28.060    Herbicides.

11.28.010 Floating objects.

All vessels, watercraft, logs, piling, building material, scows, houseboats or any other article of value found adrift in the city harbor may be taken in charge by the police department and shall be subject to reclamation by the owner thereof, on payment by him to the city of any expenses incurred by the city, and in case of failure to reclaim may be sold or disposed of according to law. (Ord. 06C-06 § 2; Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.28.020 Drifting debris.

It is unlawful for the owner, agent or lessee in charge of any pier to allow the whole or any part thereof to fall into or remain adrift in the navigable waters or to drift away. Fender piles, broken or loose, shall be removed by the owner, agent or lessee of any pier, and, upon failure to do so, the same may be removed by the police department and the expense thereof shall be paid by and recoverable from the owner, agent or lessee of such pier to the city. (Ord. 06C-06 § 2; Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.28.030 Nuisances.

Sunken or swamped vessels or watercraft, refuse of all kinds, structure or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, timber logs, piles, boom sticks, lumber, boxes, empty containers, grass clippings and garden refuse, and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are declared to be public nuisances. It is unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the above-named articles or substances in water of the city, or upon the shores thereof, or in such position that the same may or can be washed into said waters, either by high waters, storms, floods or otherwise. Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his/her failure to do so, the same may be removed by the police department and the expense thereof shall be paid by and recoverable from the person creating said nuisance. In all cases such nuisances may be abated in the manner abated by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution hereunder. (Ord. 06C-06 § 2; Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.28.040 Oil spillage prohibited.

No owner, master, or other person aboard or in charge of any vessel or watercraft, and no engineer, or other person in charge of any engine room or machinery of any vessel or watercraft, and no owner, lessee, agent, employee, or other person in charge of or employed in or about any pier or other structure, and no person along or upon the shore of the harbor, shall spill, throw, pump or otherwise cause oil of any description to be in or float upon the waters of the harbor. Any person causing oil to be in or upon the waters of the harbor as aforesaid shall remove the same and, upon his/her failure to do so, the same may be removed by the police department and the expense thereof shall be paid by and recoverable from the person causing the oil to be in or upon the water. The payment of such sum, or the maintenance of an action therefor, shall not be deemed to exempt such person from prosecution for causing such oil spillage. (Ord. 06C-06 § 2; Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.28.050 Sunken vessels.

When any vessel or watercraft or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the police chief 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 police chief may take immediate possession thereof and remove the same, using such methods as in his/her judgment will prevent unnecessary damage to such vessel or watercraft, or obstruction. The expense incurred by such removal shall be paid by such vessel or watercraft or obstruction or the owner or other person in charge thereof, and, in case of failure to pay the same, the city may maintain an action for the recovery thereof. (Ord. 06C-06 § 2; Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).

11.28.060 Herbicides.

A. It is unlawful for any person, corporation, partnership, or other legal entity to place, throw, spray, or otherwise introduce, or attempt to place, throw, spray or otherwise introduce, or cause to be placed, thrown, sprayed or otherwise introduced into the harbor of the city any herbicide, with the exception of herbicides which are labeled as registered aquatic herbicides with the Federal Environmental Protection Agency and which are registered with the Washington State Department of Agriculture for use in the state. It is also unlawful for any such registered herbicide to be applied unless it is applied under the authority of a modification of Water Quality Standards Order issued by the Washington State Department of Ecology. It shall be a separate offense for each and every day in which a herbicide, with the exception of those permitted above, is attempted to be, or caused to be, placed, thrown, sprayed or otherwise introduced into the waters of the harbor of the city. The city reserves the right to take such action as is necessary to prevent the placement or other introduction of unauthorized herbicides into the waters of the harbor, including injunctive relief to prevent the introduction of substances into the waters of the harbor.

B. Only persons with a valid license to apply herbicides issued by the state may utilize registered herbicides in the waters of the harbor of the city and such persons shall comply with all applicable state rules and regulations concerning such applications of herbicides, including proper posting and notification in accordance with label instructions and in accordance with the order covering such application issued by the Washington State Department of Ecology. (Ord. 99C-05 § 1; Ord. A-90 § 1, 1991).