Chapter 12.68
PERCIVAL LANDING MOORAGE FACILITY

12.68.000    Chapter Contents

Sections:

12.68.010    Definitions.

12.68.020    Boat moorage designated as Percival Landing.

12.68.030    Rates established for overnight moorage.

12.68.040    Moorage regulations.

12.68.050    Repairs or unattended equipment prohibited.

12.68.060    Commercial boats prohibited.

12.68.070    Power of city manager to implement regulations.

12.68.080    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

12.68.010 Definitions

For purposes of this chapter:

A.    "Boat" means any scow, skiff, canoe, rowboat, sailboat, motorboat, or any other watercraft which may be used in connection with this facility.

B.    "Moored" means boats being tied to the floats which are a part of the facility or boats rafted to other boats previously tied to the floats.

(Ord. 4076 §2, 1978).

12.68.020 Boat moorage designated as Percival Landing

The city boat moorage facility located at the southerly tip of Budd Inlet within the city is designated as Percival Landing.

(Ord. 4076 §1, 1978).

12.68.030 Rates established for overnight moorage

There is established the rates as set forth in Title 4 of this code to be assessed against boats moored overnight at the Percival Landing facility as described above.

For purposes of this chapter, each day constitutes a period of twenty-four hours commencing at the time the boat is registered and payment made or from the time the boat is tied up, whichever occurs sooner.

This section shall not apply to boat moorage covered by a separate agreement providing for free public tours of a moored vessel which is in full force and effect between the City and vessel’s owner.

(Ord. 6366 §1, 2005; Ord. 5126 §12, 1990; Ord. 4898 §1, 1988; Ord. 4586 §1, 1985; Ord. 4076 §3, 1978).

12.68.040 Moorage regulations

No persons shall moor a boat overnight at the Percival Landing facility unless that person immediately registers and pays the fee established in Section 12.68.030. Notwithstanding the payment of fee, no person shall moor a boat at the facility for more than seven days within a thirty-day period. Mooring during daytime hours shall be allowed without registration or payment of fee, but only in accord with any rules or regulations set by the city manager. Notwithstanding the provisions of this section, boats which are actively involved in any water oriented festival event may be moored at the facility during such event without registration or the payment of fees established by Section 12.68.030. For purposes of this section, "water oriented festival event" includes any festival, celebration, fair or similar event which is locally sponsored by a nonprofit organization and has a bona fide maritime theme.

This section shall not apply to boat moorage covered by a separate agreement providing for free public tours of a moored vessel which is in full force and effect between the City and vessel’s owner.

(Ord. 6366 §2, 2005; Ord. 5206 §1, 1991; Ord. 4454 §1, 1983; Ord. 4076 §4, 1978).

12.68.050 Repairs or unattended equipment prohibited

No person shall conduct major repair work or outfitting, painting, sandblasting or welding on boats at the Percival Landing facility.

No unattended equipment, gear, fuel or other items shall be left on the Percival Landing dock or floats.

(Ord. 4159 §1, 1979).

12.68.060 Commercial boats prohibited

No commercial fishing boat, whether licensed as such or not, may be registered or tied to the Percival Landing facility for any purpose.

(Ord. 4159 §2, 1979).

12.68.070 Power of city manager to implement regulations

The city manager is empowered to develop and implement rules and regulations regarding the operation and the maintenance of the facilities in accord with this chapter and other ordinances of the city and with any applicable state and federal laws. The regulations may include rules regarding the registration of boats, the payment of fees therefor, ingress and egress of boats and persons from the facility and any other aspects of operation or maintenance of the facilities. Such rules and regulations shall be prominently posted on the moorage facility so as to reasonably inform the public.

(Ord. 4076 §5, 1978).

12.68.080 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision or regulation promulgated by the City Manager and conspicuously posted of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 8061 §36, 2001; Ord. 4076 §6, 1978).