Chapter 12.64
HARBOR REGULATIONS
12.64.000 Chapter Contents
Sections:
12.64.010 Harbor defined.
12.64.020 Harbor officer--Appointment and duties.
12.64.060 Rat control while moored.
12.64.070 Explosives unlawful without permission from harbor officer.
12.64.080 Lighted material on port property prohibited.
12.64.090 Authority to impound.
12.64.100 Impoundment--Expenses.
12.64.110 Impoundment--Sale of impounded craft –Collection of charges.
12.64.120 Impounding--In-place.
12.64.130 Impoundment--Liability.
12.64.140 Deposit of wastes and materials into harbor.
(Ord. 7187 §3, 2019).
12.64.010 Harbor defined
For the purpose of this chapter, the word "harbor" means all the water and waterways in the city.
(Ord. 7181 §9, 2019; Ord. 2082 §5, 1928).
12.64.020 Harbor officer –Appointment and duties
The chief of police, or authorized designee within the police department, shall act as harbor officer for the city, whose duties it will be to carry out the provisions of this chapter.
(Ord. 7187 §3, 2019; Ord. 7181 §9, 2019; Ord. 5171 §2, 1991; Ord. 2082 §6, 1928).
12.64.060 Rat control while moored
All boats, vessels, tugs, launches of any kind and nature, must, while lying or anchored against a dock or wharf for the purpose of loading or unloading, be equipped in such a manner as to prevent the escape therefrom of any rats, and such precautions must at all times be taken as are necessary to prevent rats from leaving the boat while the boat, vessel, tug or launch is lying against a wharf or dock within the limits of the city.
(Ord. 7181 §9, 2019; Ord. 2082 §4, 1928).
12.64.070 Explosives unlawful without permission from harbor officer
It is unlawful for any boats, vessels, tugs or launches of any kind or nature to enter the harbor of the city with explosives or high combustibles on board without first having obtained a written permission from the harbor officer, and no vessel, boat, tug or launch shall be permitted to load, transfer or discharge such a cargo of explosives or other combustibles within the harbor of the city without first having obtained such permission from the harbor officer.
(Ord. 7187 §3, 2019; Ord. 7181 §9, 2019; Ord. 2102 §1, 1928).
12.64.080 Lighted material on port property prohibited
It is unlawful for any person to smoke cigars, cigarettes, or tobacco, or to throw any lighted tobacco, cigars, cigarettes, matches, firecrackers, or other lighted material, on or within thirty feet of the wharves, plank roadways, warehouses, sheds, or other structures, maintained or operated within the city by the Port of Olympia, or within thirty feet of any lumber or other commodities stored or piled on the lands owned, leased, or used by the Port of Olympia in connection with its scheme of port development as adopted and in use.
(Ord. 7181 §9, 2019; Ord. 2202 §1, 1932)
12.64.090 Authority to impound
The harbor officer may take immediate possession of and/or impound and remove any vessel, watercraft or obstruction, when:
A. The operator or skipper of the same reasonably appears incapable of safely operating the same or appears incapable of directing the disposition of the same; or
B. The operator or skipper of the same refuses to sign a citation, or refuses or neglects to obey an order of the harbor officer to proceed from or to an area following a citation or in an emergency; or
C. The operator or skipper operates a vessel, watercraft or obstruction in a negligent, reckless or other manner so as to endanger the safety of others or to unreasonably interfere with the navigation of other watercraft and vessels, and the harbor officer believes such operation of the vessel, watercraft or obstruction would continue unless possession be taken of the same; or
D. The vessel, watercraft or obstruction appears unsafe for water transportation; or
E. The vessel, watercraft or obstruction appears abandoned, or is anchored or moored in an anchorage, waterway or submerged street area after expiration, cancellation, or violation of a permit, or in violation of this chapter without a permit seventy-two hours after an order to remove the same has been given by the harbor officer; or
F. The vessel, watercraft or obstruction is obstructing a launch ramp area or public dock, or has remained at a facility under the jurisdiction of the department of parks and recreation longer than the maximum mooring or anchoring time.
The harbor officer may remove the same, using such methods as necessary to prevent unnecessary damage to said vessel, watercraft or obstruction and/or assign the removal and impounding of the vessel, watercraft or obstruction to a private corporation.
(Ord. 7187 §3, 2019; Ord. 7181 §9, 2019; Ord. 5171 §1 (part), 1991).
12.64.100 Impoundment expenses
In the event possession is taken of any vessel, watercraft or obstruction as authorized in Section 12.64.090, the expenses incurred by the harbor officer in the removal, towing, impounding and moorage of the same shall be paid by such vessel, watercraft or obstruction or the owner or other person in charge thereof. When a vessel, watercraft or obstruction is moored or impounded at a city facility, the harbor officer shall assess a reasonable moorage charge therefor, which shall be paid by such vessel, watercraft or obstruction or the owner or other person in charge thereof. The harbor officer may decline to release possession of any vessel, watercraft, or obstruction until all charges are paid.
(Ord. 7187 §3, 2019; Ord. 7181 §9, 2019; Ord. 5171 §1(part), 1991).
12.64.110 Impoundment –Sale of impounded craft –Collection of charges
In the event a vessel, watercraft or obstruction remains impounded for ninety days and the charges of towing and impounding remain unpaid, the harbor officer may sell the same at public auction. The city may maintain an action against the owner or person in charge of the vessel, watercraft or obstruction for the recovery of the expenses of towing and impounding, or the remaining balance thereof, in the event of sale of the same.
(Ord. 7187 §3, 2019; Ord. 7181 §9, 2019; Ord. 5171 §1(part), 1991).
12.64.120 Impounding –In-place
When taking possession as authorized in Section 12.64.090, the harbor officer may impound the vessel, watercraft or obstruction in place by posting the same with one or more signs or notices in conspicuous places stating "POLICE IMPOUND-KEEP OFF" and notifying the owner, skipper or person in charge of the impounding. The harbor officer may appoint as custodian the owner or skipper, the owner or operator of the facility or property where the vessel is moored or anchored. Upon the posting of such signs, it shall be unlawful for any person:
A. To move, load or unload, rebuild, or enter upon such vessel, watercraft or obstruction without written permission from the harbor officer, other than for necessary maintenance and repair to prevent deterioration of the same or sinking;
B. To remove, mutilate, destroy or conceal any notice or sign posted by the Harbor Officer or the public works director pursuant to the provisions of this chapter.
(Ord. 7187 §3, 2019; Ord. 7181 §9, 2019; Ord. 5171 §1(part), 1991).
12.64.130 Impoundment –Liability
The harbor officer shall not be held responsible for damages incurred as a result of the impoundment of a vessel or watercraft so long as all reasonable and safe practices are employed in said operation.
(Ord. 7187 §3, 2019; Ord. 7181 §9, 2019; Ord. 5171 §1(part), 1991).
12.64.140 Deposit of wastes and materials into harbor
A. It is unlawful for any person, firm, corporation, sawmill, shingle mill, veneer plant, or any manufacturing company, boat, vessel, tug, launch or watercraft of any kind or description to deposit any fuel or other combustible oil, waste, vegetable or animal matter, sawdust, lumber or timber, in any quantity within the harbor of the city, under any circumstances or in such manner or quantities which may tend to endanger property adjacent thereto, to jeopardize the health, peace and safety of any person, or in such quantity as to be a menace and danger to any boats of any kind using the harbor.
B. A violation of this section is a misdemeanor.
(Ord. 7181 §9, 2019; Ord. 5171 §4, 1991).