Chapter 6.40
MARINA REGULATIONS
Sections:
6.40.030 Interference with navigation.
6.40.040 Obstructions – Moving.
6.40.080 Swimming and water skiing.
6.40.090 Firefighting equipment.
6.40.100 Oil and petroleum products in waters.
6.40.120 Use of sanitary facilities.
6.40.139 Use of marina parking lot.
6.40.140 Harbormaster authority.
6.40.160 Exclusion after hours.
6.40.170 Exclusion of persons from the marina or portions of the marina.
6.40.180 Prohibited activities – Gross misdemeanors.
6.40.190 Prohibited activities – Infractions.
6.40.200 Closure of marina areas and buildings.
6.40.210 No trespassing areas – Removal or destruction of property – Structures or obstructions.
6.40.010 Purpose and scope.
(1) This chapter is to provide for the general welfare and safety and not for the protection of specific individuals or classes of individuals. Regulations in this chapter shall be applicable to the marina.
(2) The marina shall consist of those upland properties assigned to the marina by resolution of the city council and the following listed properties and all areas of Oak Harbor Bay east of a north/south line drawn from the northwestern most extremity of Maylor Point and passing through the channel marker designated as Red No. 12.
(a) Tidelands leased under DNR Tideland Lease; and
(b) Catalina Shores Park except for those portions north and east of parking lots used by the yacht club and adjacent to Pioneer Way.
(3) Chapter 6.12 OHMC shall not apply to the marina. (Ord. 1876 § 3, 2019; Ord. 1127 § 1, 1998; Ord. 664 § 1, 1984).
6.40.020 Speed regulations.
On all waters of the marina it is unlawful for any person to operate any vessel at a speed in excess of four knots or leave a wake. (Ord. 664 § 2, 1984).
6.40.030 Interference with navigation.
No person shall operate any vessel in a manner which unreasonably or unnecessarily interferes with other vessels or with the free and proper navigation of the waterways of the marina. Anchoring or mooring in heavily traveled channels of the marina shall constitute such interference if unreasonable under the prevailing circumstances. (Ord. 664 § 3, 1984).
6.40.040 Obstructions – Moving.
No master or person having charge of any vessel or obstruction shall moor or anchor the same in a way so as to unreasonably hinder use of navigable waters of the marina by others, or make the same fast to any buoy, pier or other structure owned by or under the authority and control of the city without obtaining permission from the harbormaster or his designee. (Ord. 664 § 4, 1984).
6.40.050 Floating objects.
All vessels, watercraft, logs, pilings, building materials, scows, houseboats or any other article of value found adrift in marina waters, may be taken in charge by the harbormaster 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. 664 § 6, 1984).
6.40.060 Restricted areas.
In the interest of safe navigation, life, safety and protection of property, the harbormaster may designate and identify restricted areas within the marina and harbor. No person shall operate a vessel, or vehicle, or trespass in a restricted area without written approval of the harbormaster; provided, that this provision shall not apply to vessels or persons engaged in or accompanying the activity to which the area is restricted, nor to patrol or rescue craft or in case of an emergency. (Ord. 664 § 7, 1984).
6.40.070 Diving.
(1) Diving in the waters of the marina shall be confined to:
(a) Qualified hard hat or scuba divers engaged in recovery, repair, inspection and survey of boats, facilities, and equipment;
(b) Diving students of an accredited school engaged in oceanography studies.
(2) All such swimming actions must be covered by a written permit issued by the harbormaster, and divers must be accompanied by a watercraft or the area in which he is diving shall be marked by an adequately displayed diver’s flag. (Ord. 664 § 8, 1984).
6.40.080 Swimming and water skiing.
Swimming and water skiing are prohibited in the marina areas; however, the harbormaster may designate times and places where swimming and/or water skiing are allowed. (Ord. 664 § 9, 1984).
6.40.090 Firefighting equipment.
Fire extinguishers and other firefighting equipment are to be used only for the fighting of fires and any other use shall be unlawful. Any other use will subject user to replacement of items or contents. (Ord. 664 § 10, 1984).
6.40.100 Oil and petroleum products in waters.
Any person in charge of any vessel or on or about any vessel, pier or dock or on the shore or breakwater of the marina who throws, spills or causes to be discharged petroleum products upon the waters of the marina or disposes of them other than at an approved site is guilty of an unlawful act. Any person causing or allowing petroleum products to get on the waters of the marina shall immediately take whatever steps are necessary and available to remove or confine the same from the water and said person shall also promptly notify the harbormaster, or his designee. Failure to promptly report is unlawful. The harbormaster or his designee may use whatever equipment or facilities may be deemed necessary to remove the petroleum product from the water. Any expenses, including the hourly pay of persons employed by the city, in the cleanup shall be charged to the person causing the spill or the owner of the boat responsible. (Ord. 664 § 11, 1984).
6.40.110 Debris in waters.
It is unlawful for any person to deposit, throw or place any object, garbage, litter, debris or any waste in the marina harbor, pedestrian or vehicle parking area except into a receptacle or litter container. (Ord. 664 § 12, 1984).
6.40.120 Use of sanitary facilities.
It is unlawful for any person to flush any sewage or waste matter into the waters of the marina. All persons shall use dockside sanitary facilities. (Ord. 664 § 13, 1984).
6.40.130 Blocking channel.
It is illegal for any person to moor a boat in a channel designated for ingress or egress from the marina. (Ord. 664 § 14, 1984).
6.40.139 Use of marina parking lot.
(1) The marina parking lot is intended to serve the following general customer categories:
(a) Marina tenants, both liveaboard and nonliveaboard;
(b) Guests of marina tenants;
(c) Persons associated with marina events, i.e., guest moorage, yacht club rendezvous, Race Week, etc.;
(d) Persons using the public boat launching ramp (usually driving trucks with attached trailers);
(e) Persons using the public playground, barbecue pits, picnic area or volleyball courts;
(f) Persons walking the docks during public access hours;
(g) Vendors, mobile boat maintenance personnel, etc.
(2) The harbormaster shall have full authority to control and regulate the use of the marina parking lot. For this purpose, the harbormaster shall have the following powers and authority:
(a) Post the parking lot with regulatory signs defining the terms and conditions for use of the parking lot by tenants and the general public;
(b) Charge a fee, where in the discretion of the harbormaster such fee is applicable, for storage of vehicles, trucks, trailers, recreational vehicles, boats on trailers, trailers or other equipment in designated or authorized spaces in the marina parking lot;
(c) Remove or cause to be removed vehicles, vessels, trailers or other personal property which interferes with the operation of the marina, or for which applicable fees for storage of such equipment have not been paid;
(d) Issue regulations governing use and safe storage or parking at the marina parking lot.
(3) Subject to the provisions of subsections (8) and (9) of this section, the marina parking lot shall be posted to allow parking for up to 72 consecutive hours. Except for specific exceptions as noted elsewhere in this section, no vehicle or other equipment shall be left in the marina parking lot for a period in excess of 72 consecutive hours without payment of storage fees in accordance with the provisions of this section and OHMC 6.36.037. In the absence of other arrangements made with the harbormaster, vehicles or equipment left in excess of 72 hours may be towed at the owner’s expense.
(4) Any vehicle, vessel or equipment which is to remain the marina parking lot for periods greater than 72 consecutive hours must be registered with the marina office.
(5) Any vehicle, vessel or equipment which is to be stored in the marina parking lot, either for storage in excess of 72 consecutive hours or for sale, must be marked with the owner’s name, address and telephone number. Vehicles which are not so marked will be considered abandoned, and will be subject to towing at the owner’s expense.
(6) Provided, that they are properly registered with the marina office and properly marked as to ownership as specified herein, vehicles, vessels or equipment may remain in the marina parking lot for periods greater than 72 consecutive hours under the following conditions:
(a) Boats and/or trailers (including house trailers, boat trailers or boats on trailers) may only be stored in spaces specifically designated for this purpose along the southeast fence line; provided, a contract is properly executed and payment is made in accordance with OHMC 6.36.037.
(b) Recreational vehicles (RVs) may only be stored in designated spaces along the southeast fence line or, for vehicles too long for these spaces, along the east ends of the storage sheds as space permits; provided a contract is properly executed and payment is made in accordance with OHMC 6.36.037. Recreational vehicles which are not in routine or regular use for the owner’s transportation, and which are in the parking lot for the primary purpose of storage, are subject to this regulation and must be registered and stored under contract.
(c) Persons wishing to place boats and/or trailers for sale in the marina parking lot may only do so by properly registering same with the marina office, and then placing the merchandise for sale in one of five spaces specifically designated for this purpose along the northeast fence line. Equipment may so remain for up to one month in the summer (May 15th through September 30th) or up to three months during the remainder of the year.
(d) Marina tenants, or guests of tenants, or visiting boaters may only occupy recreational vehicles in the marina parking lot for up to 14 days without charge; provided, that they are properly registered with the marina office. Otherwise, the marina parking lot is not to be used as an RV park by the general public, nor is it to be used for long-term occupancy (greater than 14 days) by any person. No hookups exist, and there is not sufficient room for this use, especially in summer.
(7) Vehicles, vessels or equipment left in the marina parking lot in violation of the provisions of this section will be processed under the provisions of OHMC 6.36.100, Trespassing.
(8) Parking or leaving of any and all vehicles, boats, trailers or equipment in the marina parking lot is subject to the concurrence and continuing permission of the harbormaster, who may direct removal of any equipment at any time, whether for cause or to accommodate special events which require the use of the entire parking lot.
(9) The entire parking lot is required and reserved for the annual Whidbey Island Race Week event, which normally takes place during either the second or third week in July. It is the obligation of all occupants of marina parking lot storage to determine the dates of this annual event, and to remove their equipment to accommodate this event. Failure to do so can result in removal and storage elsewhere at the owner’s expense. (Ord. 1075 § 3, 1996).
6.40.140 Harbormaster authority.
The harbormaster shall have the authority to issue orders and/or written rules and regulations necessary for the safe and efficient operation of the marina consistent with this chapter and for the preservation and use of park and open spaces included within the marina. (Ord. 1127 § 2, 1998; Ord. 664 § 15, 1984).
6.40.150 Definitions.
The following definitions shall apply to OHMC 6.40.150 through 6.40.210:
(1) “Authorized live-aboard” is a person specifically named by the harbormaster as having permission to live aboard a specifically designated vessel moored in the marina.
(2) “Family member of a tenant” includes spouse, child, parent, grandparent or grandchild.
(3) “Harbormaster” is the person designated by the mayor to run the Oak Harbor Marina or his or her designee.
(4) “Marina” or “premises of the marina” shall mean the Oak Harbor Marina and includes those areas of the uplands and the tidelands devoted to marina activity as shown on the map attached as Exhibit One*. Excluded for purposes of this chapter are adjacent streets, sidewalks and area devoted to the Oak Harbor Yacht Club.
(5) “Moorage area” is that area of the marina designated on the map attached as Exhibit One*. It includes all docks, walkways, moorage slips, and water areas within 50 feet of these structures.
(6) “Portion of the marina” would be a distinct area of the marina such as the moorage area described above or the marina office, marina parking area, storage shed area or other distinct area of the marina.
(7) “Tenant” is a person and/or his or her spouse, having a currently valid agreement with the city, to moor a vessel at the marina, occupy a storage unit or rent a parking place. (Ord. 1167 § 1, 1999).
*Code reviser’s note: Exhibit One, attached to Ordinance No. 1167, is available at the city clerk’s office.
6.40.160 Exclusion after hours.
The general rule is that the marina moorage area shall be open to the public during the day but:
(1) It shall be unlawful for any person to enter or remain in the marina moorage area after it is closed for the night and before 7:00 a.m. the next day except for:
(a) Employees of the city of Oak Harbor;
(b) Lawful tenants of the marina;
(c) Invited guests of a tenant accompanied by the tenant;
(d) Authorized live-aboards;
(e) Family members of a tenant authorized by a tenant to be on the vessel during the nighttime;
(f) Persons given written permission by the harbormaster; or
(g) Occupants of a vessel in the marina guest moorage.
(2) The harbormaster may provide permission for people to be at the marina at other times than when the marina gates are open when he deems it is necessary for the safety of boats in the marina or to allow repair or salvage of boats or for such other purposes as provide the safety or welfare of the marina facility.
(3) Outside of normal business hours, which shall be posted, it is unlawful for any person to remain on or enter into the marina offices and shop area without permission.
(4) Every offense defined by this section or conduct made unlawful hereby shall constitute a gross misdemeanor and any person convicted of such crime may be punished by a fine in any sum not to exceed $5,000 or by imprisonment for a term not to exceed one year, or by both such fine and imprisonment. (Ord. 1167 § 2, 1999).
6.40.170 Exclusion of persons from the marina or portions of the marina.
(1) The harbormaster or other person designated under subsection (4) of this section may order anyone to leave the premises of the marina who within the marina:
(a) Causes injury to another or creates a substantial risk of injury to another; or
(b) Causes damage to property of the city or to the marina or the property of another or creates a substantial risk of such damage; or
(c) Causes, while within the marina, an unlawful interference with another person’s lawful use of the marina or sidewalks adjacent to the marina; or
(d) Engages in conduct creating a substantial risk of damage to property of the city or another or to the marina; or
(e) Commits any offense listed in OHMC 6.40.060, 6.40.070 or 6.40.080 under circumstances where it is likely that the conduct would have continued but for action of others acting under authority of this chapter; or
(f) Allows a boat to trespass at the marina as defined under OHMC 6.36.100.
Upon such an order being given, the recipient shall no longer be invited, licensed or otherwise privileged to remain in the marina area from which he or she was ordered to leave. The order may specify an area of the upland or the moorage area on the docks and adjacent waters or both. A person who has been ordered by the harbormaster to leave the marina or a portion thereof shall not re-enter the premises of that marina from which he or she was ordered to leave for a period of 24 hours after the order was given.
(2) The harbormaster or the chief of police may forbid anyone from re-entering the premises of the marina for a period longer than 24 hours and less than a year whenever:
(a) The person has been ordered to leave one or more times for reasons set out in subsection (1) of this section; and
(b) The person who while in the marina under the incidents specified in subsection (2)(a) of this section:
(i) Had caused injury to another, or
(ii) Had engaged in conduct creating a substantial risk of injury to another within the marina, or
(iii) Had caused damage to property, or
(iv) Had engaged in conduct creating a substantial risk of damage to property of the city or another or to the marina, or
(v) Had caused while on marina property an unlawful interference with another person’s lawful use of the marina or sidewalks adjacent to the marina, or
(vi) Had committed two or more violations of this chapter or other misdemeanor under city code within the area of the marina within a one-year period (the violation can be either a gross misdemeanor, misdemeanor or infraction or any combination thereof), or
(vii) Made threats to kill or harm a marina employee, tenant or guest of the marina;
(c) The harbormaster finds it is necessary to continue exclusion of the person in that marina to provide for safety of persons using or working in the marina or protection of marina property or prevent interference with marina functions.
An order prohibiting re-entry for a period longer than 24 hours shall be in writing by the harbormaster or the chief of police. It shall identify rights of appeal under Chapter 1.24 OHMC. Appeals shall be governed by Chapter 1.24 OHMC. Appeal from the decision shall be in writing to the city administrator or his or her designee and filed with a filing fee per the master fee schedule adopted by resolution of the city council.
(3) Any of the following persons are guilty of the crime of illegal trespass in the marina:
(a) Anyone who fails to leave the marina or the portion of the marina from which he or she was excluded after being ordered by the harbormaster, or another authorized to act in his or her behalf under the authority of this section to leave;
(b) Anyone who re-enters the marina or the portion of the marina from which he or she was excluded during the time period of exclusion after leaving the premises under an order of exclusion on this section;
(c) Anyone who enters the marina within the period contained in a written order prohibiting entry issued by the harbormaster or chief of police under the authority of this section;
(d) Anyone who enters that portion of the marina from which the person was excluded within the period contained in a written order prohibiting entry issued by the harbormaster or chief of police under the authority of this section.
(4) Any of the following persons may issue orders of exclusion for 24 hours on behalf of the harbormaster:
(a) Any employee of the city working for the Oak Harbor Marina;
(b) The chief of police; or
(c) A police officer.
An order prohibiting re-entry for a period longer than 24 hours may only be issued by the harbormaster or the police chief or a captain or sergeant in the police department if the police chief is absent.
(5) Every offense defined by this section or conduct made unlawful hereby shall constitute a gross misdemeanor and any person convicted of such crime may be punished by a fine in any sum not to exceed $5,000 or by imprisonment for a term not to exceed one year, or by both such fine and imprisonment. (Ord. 1696 § 56, 2014; Ord. 1167 § 3, 1999).
6.40.180 Prohibited activities – Gross misdemeanors.
(1) The following activities are not permitted in the marina:
(a) Knowingly or intentionally interfering with any individual or group engaged in a lawful use of marina facilities;
(b) Willfully marking, marring, defacing, disfiguring, injuring, tampering with or displacing, removing, burning, cutting, carving, digging up or damaging any marina property or attendant facility, statue, structure, monument, fountain, vase, wall, fence, railing, vehicle, bench or any plants, trees or shrubs, or attaching rope, wire or other contrivance to a tree, plant, shrub or structure;
(c) Engaging in lewd or lascivious conduct in public;
(d) Intentionally or knowingly engaging in acts which simulate sexual intercourse;
(e) Possessing or using tobacco products such as cigarettes, cigars, chewing tobacco or smoking pipes by persons under the age of 18;
(f) Urinating or defecating in any public place in the marina other than in a designated restroom;
(g) Urinating or defecating on the floor or walls of a public restroom;
(h) Using weapons in the marina except in lawful self defense or defense of another;
(i) Assisting any other person or persons in carrying out any of the above acts.
(2) Every offense defined by this section or conduct made unlawful hereby shall constitute a gross misdemeanor and any person convicted of such crime may be punished by a fine in any sum not to exceed $5,000 or by imprisonment not to exceed one year, or both such fine and imprisonment. (Ord. 1637 § 3, 2013; Ord. 1167 § 4, 1999).
6.40.190 Prohibited activities – Infractions.
(1) The following activities are not permitted in the marina:
(a) Spitting on sidewalks, docks, grounds, buildings or water areas, as such activity is a threat to public health;
(b) Cursing or swearing at another person who is using the marina or who is using the adjacent sidewalk or street;
(c) Blocking any sidewalk, dock or pathway in the marina or adjacent to the marina. “Blocking” means standing, sitting or reclining on a sidewalk by oneself or in concert with others in such a way that more than half of the width of a walkway is blocked from normal use as a walkway;
(d) Walking, remaining in, resting, standing or sitting in any flower bed or landscaped area within a marina area;
(e) Standing or walking on the table tops of any picnic table in the marina;
(f) Distributing, leaving, throwing, tacking or posting any sign, hardback poster, advertisement or inscription for advising any good, service, meeting of people or similar purpose except for locations authorized by the harbormaster or his or her designee;
(g) Disposing of or depositing any refuse or other material in the marina except in designated receptacles;
(h) Assisting any other person or persons in carrying out any of the above acts.
(2) Every offense defined by this section shall be a Class 1 infraction as defined in Chapter 1.28 OHMC. (Ord. 1717 § 21, 2015; Ord. 1167 § 5, 1999).
6.40.200 Closure of marina areas and buildings.
(1) The administrator for the marina may close areas of the marina for the purpose of protecting the environment, facilities of the marina, or for the purpose of protecting the public from conditions which constitute a potential hazard to life or physical well-being. Upon making a decision to complete such a closure, the harbormaster shall make written notice of the closure to the mayor and the city council setting forth the reasons. Such closure must be noticed by signs clearly demarking the closures made, the date of first closure and the duration and the penalty for violation.
(2) As a method of controlling vandalism, riot or disorder, the harbormaster of the marina with approval of the mayor may close a marina facility or a designated part thereof for up to three months’ duration within any calendar year. Such closure must be noticed by signs clearly demarking the closures made, the date of first closure and the duration and the penalty for violation. Notice of the closure shall be forwarded to the city council setting out the reasons.
(3) Buildings in the marina may be closed by the harbormaster of the marina whenever he or she determines the same is for the best interest of the city. The mayor shall be advised of the closure and reasons for it.
(4) Rented storage sheds shall be closed to anybody but the person renting the shed, the invitee of the person renting the shed, marina employees and the marina authorized contractors.
(5) Every offense defined by this section or conduct made unlawful hereby shall constitute a gross misdemeanor and any person convicted of such crime may be punished by a fine in any sum not to exceed $5,000 or by imprisonment for a term not to exceed one year, or by both such fine and imprisonment. (Ord. 1167 § 6, 1999).
6.40.210 No trespassing areas – Removal or destruction of property – Structures or obstructions.
(1) It is unlawful for any person except a duly authorized marina employee in the performance of his or her duties, or other person who has been given permission by the harbormaster, mayor, or city supervisor, to enter or go upon an area of the marina or building or structure in the marina which has been designated and posted by the harbormaster as a “no admittance” or “no trespassing” area.
(2) It is unlawful for any person except a duly authorized marina employee or other city employee or agent of the city in the performance of his or her duties to remove, destroy, mutilate or deface any structure, lawn, monument, statue, vase, fountain, wall, fence, railing, vehicle, bench, shrub, tree, geological formation, plant, flower, lighting system, sprinkling system, gate, barricade or lock or other property lawfully in any part of the marina, or to remove sand, soil, or sod in the marina.
(3) It is unlawful for any person other than a duly authorized employee or agent of the marina to place or erect in the marina a structure or obstruction of any kind without a permit from the harbormaster.
(4) Every offense defined by this section or conduct made unlawful hereby shall constitute a crime and any person convicted of such crime may be punished by a fine in any sum not to exceed $5,000 or by imprisonment for a term not to exceed one year, or by both such fine and imprisonment. (Ord. 1167 § 7, 1999).