Chapter 5.46
FISH AND SHELLFISH SALES PERMITS
Sections:
5.46.020 Unlawful to sell fish and shellfish from boat without permit.
5.46.030 Application—Form—Contents.
5.46.040 Clerk may issue permit—When.
5.46.070 Conditions of permit and sales.
5.46.080 Permit additional to others.
5.46.090 Revocation or suspension of permit—Grounds.
5.46.095 Penalty for misrepresentation in obtaining permit.
5.46.110 Permits not transferable.
5.46.120 Violations—Penalties.
5.46.010 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
A. “Boat” means any and all watercraft, including ships, schooners, barges and other vessels.
B. “Fish and shellfish” means and includes any and all species of fish, shellfish, eel, mollusk or other edible aquatic animal life.
C. “Person” means one or more natural persons of either sex, corporations, partnerships, associations or other entities capable of having an action at law brought against such entity, but shall not include employees of persons issued permits pursuant to this chapter.
D. “Sell” means to sell, peddle, transfer, trade, dispense or deliver for pecuniary gain, benefit or advantage. (Ord. 85-24 § 1 (part), 1985)
5.46.020 Unlawful to sell fish and shellfish from boat without permit.
It is unlawful for any person to sell any fish or shellfish from any boat moored in the city of Poulsbo unless such person has obtained and has in full force and effect a permit to do so issued under the provisions of this chapter. (Ord. 85-24 § 1 (part), 1985)
5.46.030 Application—Form—Contents.
A. Any person desiring to obtain a permit to engage in or conduct the sale of fish or shellfish from any boat in the city of Poulsbo shall make application therefor to the city clerk at City Hall. Such application shall be in writing, signed by the person who intends to engage in or conduct the sale of fish or shellfish, and shall be in such form as the city clerk may prescribe. The application shall include, at a minimum, the following information:
1. The name, address and telephone number of the person intending to conduct or engage in the sale of fish or shellfish;
2. The name, home port and registration or official number of the boat from which the sale or sales are to take place;
3. The proposed docking facility where such boat is to be moored while sales are undertaken;
4. The species of fish or shellfish to be sold;
5. A description of the general location where the species of fish or shellfish was caught or harvested;
6. A description of how and where the fish or shellfish have been and will be stored and refrigerated prior to being sold;
7. The names, addresses and telephone numbers of all persons who are or will be engaged in the sale of fish or shellfish from such boat; and
8. Evidence which is satisfactory, in the opinion of the city clerk, to show that the fish or shellfish to be sold were caught or harvested by the applicant using the boat from which the sale or sales are to take place. Such evidence may consist of a gear license, fish ticket, landing permit or other proof.
B. Each application for a permit to sell fish or shellfish from a boat shall be accompanied by a nonrefundable application fee in an amount equal to the permit fee established by this chapter. In the event the permit is granted, the application fee shall be applied to the initial permit fee. (Ord. 85-24 § 1 (part), 1985)
5.46.040 Clerk may issue permit—When.
A. Upon receipt of a completed permit application, the city clerk shall refer the application to the planning department for a determination as to whether or not the proposed fish or shellfish sales meet all current zoning regulations. The planning director or his designee shall indicate such determination on the permit application and return the same to the city clerk.
B. If the city clerk finds that all information contained in the permit application is true and correct, that the planning director or his designee has determined the application to be in conformity with all current zoning regulations and that all appropriate fees have been paid, the city clerk shall issue the permit. (Ord. 85-24 § 1 (part), 1985)
5.46.050 Terms of permit.
All permits issued pursuant to the provisions of this chapter shall be valid for a period of thirty days from the date of issuance. The expiration date shall be clearly noted on the face of the permit. The permit may not be renewed; provided, that any person desiring to obtain a new thirty-day permit may do so. There shall be no limit on the number of permits allowed per applicant. (Ord. 85-24 § 1 (part), 1985)
5.46.060 Fees.
The fee for each permit issued under the provisions of this chapter is set forth in Section 3.12.040(K). (Ord. 2003-16 § 18, 2003: Ord. 85-24 § 1 (part), 1985)
5.46.070 Conditions of permit and sales.
A. All permits issued pursuant to this chapter and all sales conducted or engaged in under such permits shall be subject to the following conditions, all of which shall be clearly noted on the face of the permit:
1. The permit shall authorize sales of only those fish or shellfish caught by the permit holder.
2. The permit shall specify the species of fish or shellfish to be sold and sales must be limited to such listed species.
3. Sales shall be conducted only between the hours of eight a.m. and eight p.m.
4. The permit holder must comply with all provisions of the Poulsbo Municipal Code relating to signs.
5. The permit holder shall at all times obey all applicable regulations of and obtain any necessary permits from the Bremerton-Kitsap County health department.
6. The boat where the fish or shellfish sales are to be conducted or engaged in shall be open for inspection by representatives of the city at all times during which said sales are conducted or engaged in.
7. The seller must post his/her fishing license(s) for the species to be sold, as issued by the appropriate state or federal agency, as well as his/her state tax license, visibly on the boat in the vicinity of the sales. The fishing license(s) must be valid at the time of application for permit. (Ord. 85-24 § 1 (part), 1985)
5.46.080 Permit additional to others.
The fish or shellfish sales permit provided for in this chapter shall be in addition to any other license or permit, including, but not limited to, a business license, required by statute or ordinance for the conduct or operation of fish or shellfish sales on the boat on which the sales are to be conducted. (Ord. 85-24 § 1 (part), 1985)
5.46.090 Revocation or suspension of permit—Grounds.
The city clerk may, at any time, suspend or revoke any permit issued under the provisions of this chapter whenever the permittee, or any officer, employee, or partner thereof:
A. Has violated any federal, state or city statute, law, regulation or ordinance upon the boat listed in the permit in connection with the sales of fish or shellfish listed in the permit, whether or not the permittee, or officer, employee or partner thereof has been convicted in any court of competent jurisdiction of such violation; or
B. Has violated any one of the conditions of the permit and sales specified in Section 5.46.070; or
C. Has maintained or permitted the sale of fish or shellfish listed in the permit to be conducted, engaged in or operated in such a manner as to constitute a public nuisance; or
D. Has made any material false statement or representation in connection with obtaining the permit. (Ord. 85-24 § 1 (part), 1985)
5.46.095 Penalty for misrepresentation in obtaining permit.
Any person who knowingly makes any material false statement or representation in connection with obtaining the permit required by this chapter as determined by the city clerk shall be assessed a monetary penalty in the amount of two hundred dollars. In the event a permit has been issued to such person based upon the false information and which has not expired at the time of the determination by the city clerk, such permit shall be immediately revoked pursuant to Section 5.46.090. No subsequent permit shall be issued to the person who has made the false representation for the sale of fish from the boat named in the prior application until the entire amount of the monetary penalty imposed by this section has been paid. Penalties collected pursuant to this provision shall be deposited into the city’s general fund to be used for general purposes of the city. (Ord. 85-24 § 1 (part), 1985)
5.46.100 Appeals.
A. Whenever the city clerk determines that there is cause for suspending, denying or revoking any permit issued pursuant to this chapter, the clerk shall notify the person holding said permit by registered or certified mail, return receipt requested, of his or her determination. Notice mailed to the address on the permit shall be deemed received three days after mailing. The notice shall specify the grounds for suspension, denial or revocation. Such suspension, denial or revocation shall be immediately effective upon the date the notice is deemed to be received.
B. The permit holder may appeal the decision of the city clerk to suspend, deny or revoke a fish or shellfish sales permit by filing a written notice or appeal to the city council within ten days of the city clerk’s decision. The notice of appeal shall be filed with the city clerk at City Hall.
C. Upon receipt of a timely notice of appeal by the city clerk, the city council shall hear the appeal at its next regular council meeting for which the agenda has not yet been established, unless a special meeting is held to consider such appeal at an earlier date or unless an extension of time is requested by the appellant. The city clerk shall notify the permit holder of the hearing date. Where the appeal is from a revocation or suspension of a permit, the revocation or suspension shall remain in effect until the date of the decision of the city council on the appeal and the permit holder shall not engage in or conduct any sale of fish or shellfish under the revoked or suspended permit pending such decision.
D. The hearing shall be de novo. The city council may affirm, reverse or modify the city clerk’s decision.
E. The decision of the city council on any appeal shall be final. Any person desiring to appeal the decision of the city council must do so by filing an appropriate request for review in the Kitsap County superior court within fourteen days of the city council’s decision. Any action not filed within the said time period is barred. (Ord. 85-24 § 1 (part), 1985)
5.46.110 Permits not transferable.
Permits issued under the provisions of this chapter shall not be transferable from one person to another or from one boat to another. (Ord. 85-24 § 1 (part), 1985)
5.46.120 Violations—Penalties.
A. Any person and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this chapter shall have committed a civil infraction and, upon a determination by the Poulsbo Municipal Court that such infraction has been committed, shall pay a civil monetary penalty to the city of a sum not to exceed two hundred dollars. In addition, each and every day during any portion of which a violation of any provision of this chapter is committed, continued or permitted constitutes a separate infraction. Penalties collected pursuant to this section shall be deposited in the city’s general fund to be used for general purposes of the city.
B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.
C. Any person deemed to have committed a civil infraction under subsection A of this section who shall fail to come into compliance, or remain in compliance, with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for a term not exceeding ninety days or by a fine in an amount not more than one thousand dollars or by both such fine and imprisonment. Each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punishable accordingly. (Ord. 96-30 § 20, 1996: Ord. 85-24 § 1 (part), 1985)