Chapter 11.05
GENERAL PROVISIONS AND DEFINITIONS
Sections:
11.05.010 General provisions.
(1) Title. This title shall be called the moorage ordinance for the city of Coos Bay.
(2) Purpose and Scope. The purpose of this title is to secure effective management and control of the dock facility of the city of Coos Bay.
(3) Interpretation. This title shall be liberally construed to effect the purposes stated herein. If any section or part of this title is in conflict with any law of the state of Oregon or of the United States, or any rules, regulations, or standards promulgated thereof, then such section shall be governed by and construed according to such law, rule, regulation or standard, whichever the case may be; however, nothing in this title shall be construed as a limitation on the powers of the city of Coos Bay.
(4) Severability. If any portion of this title is declared void by any court of competent jurisdiction, then the validity of the remainder of the ordinance or its application to vessels or persons shall in no way be affected.
(5) Application. This title is applicable to all dock facilities now owned or hereinafter constructed by the city of Coos Bay. All vessels or persons entering upon or using such facilities shall be subject to the provisions contained herein. [Ord. 217 § 1, 1995].
11.05.020 Definitions.
“Abandoned personal property” means any personal property left on or in the facility without identification, evidence of ownership, or notification to the city of ownership for a period of more than five days.
“Abandoned vessel” means any vessel not registered with the city within 48 hours after the time the vessel has become moored at the facility; any vessel which has not been removed from the facility as required under any provision of this title covering hazardous vessels or termination of moorage.
“City” means the city of Coos Bay, or the city’s designee under an agreement for the management of the facility.
“Coos Bay” means the estuary commonly known as Coos Bay, and any related estuarine or riparian areas.
“Emergency” means a state of imminent danger to life, property, navigation or the environment where time is of the essence.
“Facility” means the docks, wharves and other related structures owned by the city and commonly known as the Boardwalk of the city of Coos Bay; any other similar structures owned and controlled by the city at any time in future.
“Harbormaster” means the person designated by the city to administer the provisions of this title.
“Hazardous vessel” means any vessel which is unseaworthy or which is in such a state of disability that the marine environment, life, or property could become endangered if such state is unduly prolonged; any vessel which presents a hazard to navigation.
“Industrial waste” means any liquid, gaseous or solid waste or substance or combination of wastes or substances which results from industrial or manufacturing processes, trade, agriculture or agricultural business, or from the production or recovery of any natural resource, which causes or would reasonably be expected to cause pollution of Coos Bay.
“Litter” means any and all types of debris and substances, whether liquid or solid or any combination of liquids and solids, including, but not limited to, garbage, refuse, rubbish, glass, cans, bottles, paper and paper products, wrappings, decayed wood, bark, shavings, sawdust or other wood products, cement, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, dead animals or fish carcasses, manure, human or animal wastes, putrid or decaying substances or matter, petroleum wastes, or any machinery, appliances, automobiles or parts thereof, or any other substance which may render Coos Bay or any part of the facility unsightly or unwholesome, or which might otherwise detrimentally affect public health, safety or welfare of Coos Bay or the city.
“Moorage” means any place where a vessel lies at anchor or is made fast to a dock or is laid alongside another vessel made fast to a dock, including side and multi-side ties.
“Owner/operator” means any person who claims, expressly or otherwise, to have lawful care, custody, control or possession of a vessel by legal title, equitable interest, lease or charter, or by any other method or manner giving the person lawful care, custody, control or possession of a vessel.
“Person” means an individual; a partnership, corporation, association, or other form of legal entity; any entity in fact.
“Seaworthy” means the condition which enables a vessel to be self-propelled, to withstand ordinary attacks of wind and weather, and to be otherwise capable of operating safely in navigable waters.
“Sewage” means all manner of human or animal waste, whether solid or liquid.
“Underway” means the condition of a vessel which is not at anchor and without moorings, and is not made fast to the shore or ground.
“Vessel” means every description of watercraft, including seaplanes and jet skis. [Ord. 277 § 1, 1999; Ord. 217 § 2, 1995].