Chapter 14.30
NUISANCES

Sections:

14.30.010    Nuisances declared.

14.30.020    Abatement of nuisances.

14.30.010 Nuisances declared.

(a)    Derelicts. For the purposes of this title and to protect the public health, safety and welfare, and in the interest of assuring the safe and full use of the facilities of the boat harbors by the general public, any boat in the boat harbors which is derelict, unfit or unseaworthy, abandoned or which is maintained in such condition or in such manner as to render it subject to sinking for lack of being pumped or other maintenance, or which has insufficient motor or sail power to permit the boat to be maneuvered and controlled from the helm station safely in and out of the boat harbor under wind and water conditions which are not unusual and which do not constitute a hazard to craft, or which had been refused moorage facilities by the harbormaster under the provisions of KMC 14.20.050, or which is maintained in such condition or in such manner as to constitute a fire, health, safety or navigation hazard, or sunken boats or boats in imminent danger of sinking, are hereby declared to be public nuisances and subject to abatement and removal from the boat harbor by the city or its agents without liability on the part of the city for any damage done by virtue of the removal or for any consequences of such action by the city, including loss of use or profits, or other consequential, direct or indirect, damages.

(b)    Vessel Seaworthiness. “Vessel seaworthiness” means a state of readiness and safety which all vessels moored or docked in the boat harbors must meet, including being capable of getting underway under its own primary power at all times, be operated from the helm with throttle controls as intended in the vessel’s design and be a water craft constructed and maintained for the primary purpose of navigating the waterways. Any vessel in violation of the above requirements will be given 30 days to comply with the provisions of this chapter. Noncompliance shall result in the cancellation of moorage and/or removal from the harbor system.

(c)    Obstructions. Any boat or obstruction which has been grounded, delayed or disabled in such manner as to stop, obstruct, interfere with, endanger or impede navigation, moored boats, harbor traffic, or the use of reserved stalls or which otherwise interferes with the normal public use of the boat harbor, or that has been left unattended on any waterway in or about the boat harbor in such manner as to stop, obstruct, interfere with, endanger or impede harbor traffic, or which otherwise interferes with the normal public use of the boat harbor, is hereby declared to be a public nuisance and subject to abatement and removal from the boat harbor by the city or its agents without liability to the city for any damage done by virtue of the removal or for any consequences of such action by the city, including loss of use or profits or other consequential, direct, or indirect damages. For purposes of this chapter, “obstruction” includes logs, log rafts, piling, building material, scows, barges, and any other matter, article or structure found located in, or being towed or adrift in or about, the boat harbor.

(d)    Objectionable Air Emissions. No owner, or agent of an owner, of a vessel within a boat harbor shall operate a combustion device or undertake repair activities in a manner that causes the deposition or settling of emissions onto vessels, property, docks or the water within the harbor. Examples of objectionable air emissions are, but are not limited to, soot, smoke, oil, sandblasting media, grindings, paint chips and paint. If an owner, or agent thereof, causes emissions that deposit or settle onto another vessel and the owner of such vessel objects to the emissions, the harbormaster may issue an order to stop the emissions and require the owner causing the emissions to remove such emissions to the satisfaction of the objecting owner and harbormaster. If, after receiving an order, the owner causing the emissions refuses to remove the emissions, the harbormaster may undertake removal activities at the expense of the owner causing the emissions. Repeated violations or failure to correct a violation of this subsection shall be grounds for termination of moorage under KMC 14.30.020(c).

(e)    Other Nuisances. Refuse of any kind, structures, or pieces of any structure, dock sweepings, dead animals or parts thereof, timber, logs, log rafts, lumber boxes, paint, empty containers, and oil of any kind, floating uncontrolled on the waters of the boat harbor or port facilities, and all other substances or articles of a similar nature are hereby declared to be public nuisances. Nets, gear, cargo, merchandise, supplies, freight, or other articles or things left on any float, ramp, decline, walk or other public place in the boat harbor or port facilities for a period of longer than 72 hours are hereby declared to be public nuisances. Any person causing or permitting public nuisances to be placed as aforesaid shall remove the same and, upon 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 removal or storage shall be paid by and are recoverable from the person creating or allowing such public nuisance. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution hereunder.

(f)    Abandoned Vessel. “Abandoned vessel” is any vessel whose last registered or documented owner has failed to contact or cannot be contacted by the harbormaster via the most recent contact information on file. A vessel is deemed abandoned if the last registered or documented owner disclaims ownership, or the owner cannot be determined, or if the vessel registration numbers have expired, or other identification has been obliterated or removed in a manner that precludes identification.

(g)    Personal Conduct. The owner of a vessel will be responsible for the conduct of those on board the vessel. Behavior of the owner, operator or occupants of a vessel which disturbs or creates a nuisance for others in the boat harbors is prohibited. Examples of prohibited conduct include but are not limited to:

(1)    Making, causing or allowing unreasonable noise so as to cause public inconvenience, annoyance or harm. “Unreasonable noise” means any excessive or unusually loud sound that disturbs the peace, comfort, or repose of a reasonable person of normal sensitivity;

(2)    Causing, provoking or engaging in any fight, or to commit an act in a violent or reckless manner whereby the safety, life, limb or health of another is placed in immediate jeopardy;

(3)    Drinking of alcoholic beverages or being found under the influence of alcoholic beverages in such a condition as to be unable to exercise care for their own safety or the safety of others, except on board a vessel;

(4)    Engaging in the use of or being instrumental in the exchange or production of illegal drugs or other illegal substances;

(5)    Discharge of untreated sewage or human waste from toilets, holding tanks, buckets or any other receptacle or means within the confines of the harbors, except at one of the city’s sewage pump out stations or legally off-loaded to a licensed private sewage handling contractor;

(6)    Repeated or excessive violations of KMC 14.20.110(h) by allowing a dog or animal to run at large on any of the boat harbor facilities or to leave fecal matter on any of the boat harbor facilities. (Ord. 1817 §§ 8, 9, 2016; Ord. 1801 §§ 1, 2, 2015; Ord. 1682 § 34, 2011; Ord. 1572 § 2, 2007; Ord. 1114 § 19, 1987; Ord. 818 § 2, 1975)

14.30.020 Abatement of nuisances.

(a)    Any boat or obstruction declared a public nuisance under KMC 14.30.010(a) or (b) may be impounded, removed and disposed of pursuant to the procedure provided in KMC 14.50.020.

(b)    Other public nuisances declared under KMC 14.30.010(e) or (f) may be removed and disposed of by commercial storage, private sale, or other means deemed reasonable by the harbormaster. Such disposition by the harbormaster shall be without liability to the city for any damage done by virtue of the removal or for any consequences of such action by the city, including for loss of use or profits, or other consequential, direct or indirect, damages.

(c)    Public nuisances declared under KMC 14.30.010(f) or (g) will be cause for termination of moorage at the discretion of the harbormaster and, if not removed from the harbors, the vessel may be impounded, removed, and disposed of pursuant to the procedure provided in KMC 14.50.020. (Ord. 1801 § 3, 2015; Ord. 1682 §§ 35, 36, 2011; Ord. 1114 § 20, 1987; Ord. 1012 § 5, 1983; Ord. 818 § 2, 1975)