Chapter 9.46
CITY-OWNED DOCKS AND PIERS
Sections:
9.46.010 Commercial activity – Prohibited – Defined.
9.46.030 City facility moorage limits.
9.46.060 Authority to impound abandoned or derelict vessels.
9.46.100 Posting of regulations.
9.46.005 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) “City” means the city of Port Orchard.
(2) “City facility” means any property or facility owned, leased, operated, managed, or otherwise controlled by the city, or by a person pursuant to a contract with the city, which is capable of use for the moorage or launch of vessels.
(3) “Owner” means a person who has a lawful right to possession of a vessel by purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is subject to a security interest, and shall not include the holder of a bona fide security interest.
(4) “Person” means any natural person, firm, partnership, corporation, association, organization, or any other entity.
(5) “Lien holder of record” means:
(a) Any holder of a security interest or lien recorded with the United States Department of Transportation with respect to a vessel on which a certificate of documentation has been issued;
(b) Any holder of a security interest identified in a certificate of title for a vessel registered under Chapter 88.02 RCW; or
(c) Any holder of a security interest in a vessel where the holder is identified in vessel registration information of a state with vessel registration laws that fall within subsection (5)(b) of this section and under which laws the city can readily determine the identity of the holder.
(6) “Secured vessel” means any vessel that has been secured by the city that remains in the city’s possession and control.
(7) “Unauthorized vessel” means a vessel using a city facility of any type whose owner has left the vessel beyond the posted time limits, or is in violation of POMC 9.46.010, or a vessel otherwise present without permission of the city.
(8) “Vessel” means every watercraft or part thereof constructed, used, or capable of being used as a means of transportation on the water. It includes any equipment or personal property on the vessel that is used or capable of being used for the operation, navigation, or maintenance of the vessel. Vessel includes any trailer used for the transportation of watercraft. (Ord. 042-17 § 1; Ord. 003-17 § 1; Ord. 1869 § 1, 2002).
9.46.010 Commercial activity – Prohibited – Defined.
There shall be no commercial activity on the DeKalb Street Pier or the Water Street Boat Launch. Commercial activity is defined as, but not limited to, loading or unloading cargo from commercial fishing boats, repair of commercial watercraft and repairing, maintaining or drying of fishing nets, and loading or unloading commercial cargo, to include logs or merchandise. (Ord. 003-17 § 2; Ord. 1771 § 1, 1999).
9.46.020 Moorage – Hours.
There shall be no moorage at the DeKalb Street Pier and the Water Street Boat Launch between the hours of 11:00 p.m. and 6:00 a.m. (Ord. 003-17 § 3; Ord. 1771 § 2, 1999).
9.46.030 City facility moorage limits.
(1) Moorage at the Water Street Boat Launch. Moorage at the Water Street Boat Launch shall be limited to 15 minutes.
(2) Moorage at the Dekalb Street Pier. Moorage at the Dekalb Street Pier shall be for daytime use only and shall be limited to six hours maximum (between 6:00 a.m. and 11:00 p.m.). In addition, there shall be no consecutive moorage days allowed and no more than two moorage days in one consecutive seven-day period. No moorage or other tie-up by ropes, cables or other fastenings shall be made except by use of tie-up cleats provided for such purposes.
(3) No person shall moor a watercraft in an area that has been posted to prohibit moorage. No person shall, without city authorization, moor a watercraft in an area that has been posted as a restricted area. (Ord. 019-21 § 1; Ord. 003-17 § 4; Ord. 1771 § 3, 1999).
9.46.040 Exemptions.
The city council may authorize exemptions to the above restrictions, if the permitted action does not unduly prevent other people from using the facility. An exemption may be obtained by submitting a written request to the city clerk’s office citing the specific reasons for the request. The written request will be considered by the city council at a regularly scheduled meeting. (Ord. 1771 § 4, 1999).
9.46.050 Violation – Penalty.
(1) The following violations of this chapter shall be a noncriminal Class C infraction, as set out in POMC 10.12.430:
(a) Moorage in Violation of POMC 9.46.030. Each calendar day on which a vessel is moored in violation of POMC 9.46.030 shall constitute a separate infraction.
(b) Moorage in a Restricted or Prohibited Area. Each calendar day on which a watercraft is moored in a restricted or prohibited area shall constitute a separate civil infraction.
(c) Tying Together or Rafting of Watercraft at a City Moorage Facility. Each of the watercraft involved shall be subject to issuance of a separate civil infraction.
(d) Unless otherwise specified, any other violation of this chapter.
(2) It shall be the duty of the police department, under the direction of the police chief, to enforce the regulations set forth in this chapter.
(3) The procedures and substantive requirements set out in POMC 10.12.290, 10.12.300, 10.12.310, 10.12.320, 10.12.330, 10.12.340, 10.12.350, 10.12.380, 10.12.410, 10.12.440, and 10.12.470 shall apply to the infractions issued pursuant to this chapter. (Ord. 017-23 § 7 (Exh. A); Ord. 019-21 § 2; Ord. 034-18 § 1; Ord. 1771 § 5, 1999).
9.46.060 Authority to impound abandoned or derelict vessels.
Whenever a vessel remains moored at a city facility for more than two consecutive days or is in violation of any other provision of this chapter, the police chief or designee may impound the vessel and any property associated with the vessel. Vessels moored in prohibited areas and unauthorized vessels moored in restricted areas are subject to immediate impoundment. In addition, the police chief or designee may impound any vessel moored at a city facility if the watercraft poses a risk to public health or safety. The police chief or designee, in their discretion, shall decide whether the vessel shall be impounded in place through use of a locking device or removed to an appropriate holding area.
Pursuant to RCW 35A.21.320, the city has the authority, subject to the processes and limitation outlined in Chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic lands within the jurisdiction of the city. In exercising its authority, the city will comply with the provisions of Chapter 79.100 RCW as they currently exist or are hereafter amended. (Ord. 017-23 §§ 1, 7 (Exh. A); Ord. 019-21 § 3; Ord. 042-17 § 2; Ord. 1869 § 2, 2002).
9.46.070 Sale of abandoned vessels – Notice – Redemption of vessels – Use of proceeds – Disposal of vessels.
Repealed by Ord. 042-17. (Ord. 1869 § 3, 2002).
9.46.080 Action to recover charges – Attorneys’ fees – Costs.
Repealed by Ord. 042-17. (Ord. 1869 § 4, 2002).
9.46.090 Rights not affected.
The rights granted to the city under this chapter are in addition to any other legal rights the city may have to secure, hold, and sell a vessel and in no manner does this section alter those rights, or affect the priority of other liens on a vessel. (Ord. 1869 § 5, 2002).
9.46.100 Posting of regulations.
The regulations authorized under this chapter shall be conspicuously posted at each city facility. (Ord. 1869 § 6, 2002).