Chapter 11.35


11.35.010    Sanitation and waste disposal.

11.35.020    Maintenance and repair of vessels.

11.35.030    Signage.

11.35.040    Supervision of children.

11.35.050    Animal control.

11.35.060    Sale of vessels.

11.35.070    Liability of owner/operator.

11.35.080    Rules and regulations.

11.35.090    Reservation of other rights and remedies.

11.35.100    Enforcement.

11.35.010 Sanitation and waste disposal.

(1) No person shall throw, place, leave, deposit or abandon, or cause, permit, or suffer to be thrown, placed, left, deposited or abandoned, any industrial waste, litter, or sewage at the facility or adjacent property, except in receptacles specifically designated for such purpose by the city. No person shall throw, place, leave, deposit or abandon, or cause, permit or suffer to be thrown, placed, left, deposited or abandoned, any industrial waste, litter, or sewage into Coos Bay.

(2) No person shall use, or cause, permit or suffer the use of, a toilet on a vessel moored at the facility or under way in Coos Bay, unless the vessel is equipped with a device, in good operating condition, adequate to treat, hold, incinerate or otherwise handle sewage in such a manner which will prevent pollution. For the purposes of this section, an acceptable control device is one approved by the U.S. Coast Guard for such purpose.

(3) No person shall clean or process fish or shellfish on any walkway, wharf, dock, barge or pier owned, managed or otherwise controlled by the city, except in places specifically designated and posted by the city for that purpose.

(4) The owner/operator of the vessel shall be personally liable for any and all cleanup costs, fines and penalties assessed by any other governmental unit resulting from a violation of this section. [Ord. 217 § 8, 1995].

11.35.020 Maintenance and repair of vessels.

Painting, spray painting, sandblasting, welding, and all major repair or outfitting of vessels is prohibited, without prior written authorization by the city. [Ord. 217 § 11, 1995].

11.35.030 Signage.

No person may write or post any written or printed matter or other signage on any place at the facility, except upon places designated by the city for that purpose. [Ord. 217 § 12, 1995].

11.35.040 Supervision of children.

No child under 12 years of age shall be allowed on the facility unless supervised by a parent or responsible adult. [Ord. 217 § 13, 1995].

11.35.050 Animal control.

No animal shall be allowed on the facility unless the animal is on a leash and under the control of an owner or other custodian. No animal shall be tied to any portion of the facility. No person having control of any animal at the facility shall allow waste or droppings of the animal to remain on any wharf, dock, barge, pier or walkway. All animal waste or droppings shall be immediately removed and placed in the nearest waste receptacle. [Ord. 217 § 14, 1995].

11.35.060 Sale of vessels.

Upon transfer of title to any vessel moored at the facility, the vendor of the vessel shall immediately notify the city, and pay any moorage or other charges due at that time. The moorage license agreement shall automatically terminate upon sale of the vessel. [Ord. 217 § 15, 1995].

11.35.070 Liability of owner/operator.

Any owner/operator shall be fully liable for any damages to persons or property caused by or resulting from the acts or omissions of the owner/operator, his/her agents, employees, invitees, or any person, independent contractor, partnership, or corporation performing any service to the owner/operator’s vessel or personal property. [Ord. 217 § 16, 1995].

11.35.080 Rules and regulations.

The city may from time to time promulgate additional rules and regulations for use of the facility. [Ord. 217 § 17, 1995].

11.35.090 Reservation of other rights and remedies.

The rights and remedies under this title are cumulative with the other city ordinances, and other rights and remedies existing at law, in equity and in admiralty. Each right and remedy may be exercised wholly or in part, from time to time and without waiving any other rights or remedies which the city may have against the vessel, the vessel’s owner/operator, or against owner/operator’s personal property. No delay in the enforcement of any right or remedy shall be deemed to constitute a waiver or election with respect to any right or remedy. [Ord. 217 § 18, 1995].

11.35.100 Enforcement.

(1) Failure to Enter into Moorage Agreement. Any owner/operator who fails to enter into a moorage agreement within the time required by Chapter 11.10 CBMC shall be issued a citation, which shall carry a fine of $100.00. Each and every day that the owner/operator fails to enter into a moorage agreement shall be a separate and distinct violation, and, in addition to other remedies provided by this title or other law, for which the owner/operator shall be assessed additional fines of $100.00 per day.

(2) Other Violations. Violation of any other provision of this title shall be grounds for immediate termination of any moorage agreement, permit or license and shall be subject to a civil penalty not to exceed $500.00 per violation. Each day a violation persists after written notice has been provided to the offender shall constitute a separate and distinct violation.

(3) Revocation of Moorage License – Impoundment.

(a) Any vessel in violation of any provision of this title may, at the sole risk and expense of the owner/operator of the vessel, have its moorage agreement revoked and, if necessary, be moved or impounded, and any charge or expense for moving or storing the vessel shall create a lien thereon for such expense.

(b) The owner shall be notified of the revocation, removal or impoundment, as the case may be, by personal service or first class mail to the address listed on the moorage agreement. The owner shall be given an opportunity for a hearing before the city council at the earliest opportunity to determine whether revocation, removal, or impoundment, as the case may be, was just and proper. [Ord. 277 § 4, 1999; Ord. 217 § 19, 1995].