ARTICLE III. HARBOR MASTER1
7-43 Appointment; term.
The mayor shall appoint a harbor master on the first Monday in June and annually thereafter who shall serve for the term of one (1) year following his appointment and until his successor is appointed and qualifies.
(Rev. Ords. 962, § 2404)
Charter reference—Mayor to appoint harbor master, § 122.
7-44 Removal.
The harbor master, upon due notice and hearing, may be removed from office by the mayor for any and all of the same causes as provided in the city charter in the case of other city officers appointed by the mayor, and in the same manner.
(Rev. Ords. 1962, § 2412)
7-45 Powers and duties generally.
The harbor master shall have the immediate control and supervision of the harbor and shall have charge of the general policing of the same. It shall be his special duty to see that the provisions of this chapter and all rules and regulations made and adopted by the board are properly enforced. In addition to the general duties the harbor master shall have the power and duty to regulate and supervise the proper anchorage, movement, shifting and removal of any and all vessels in the harbor in accordance with the provisions of this chapter and other rules and regulations, and the use of any public wharf, dock or pier by any vessel for any purpose, and to regulate and supervise the use of any private wharf, dock or pier in such a manner as to promote the proper conduct of navigation and commerce within the harbor; provided that the rights of the owners of private wharves, docks and piers shall not be violated. He shall also have the duty and power to give such orders or directions relative to the location, change of place and station and the manner of movement in the harbor of vessels lying, moving or laid up in the harbor as may be necessary to promote order therein and for the safety or convenience of others and shall see that every vessel shall move slowly in said harbor so as not to endanger other vessels and property.
(Rev. Ords. 1962, § 2405)
7-46 Authority to order removal of vessels from private docks.
(a) If any owner, master or other person in charge or control of any vessel shall occupy any private wharf, dock, pier or slip within the harbor without the consent of the owner or person in possession and control of such wharf, dock, pier or slip, or shall otherwise trespass upon or create any nuisance thereon, the harbor master, when requested by the owner or person having possession and control of such wharf, dock, pier or slip, may order the owner, master or person in charge and control of such vessel to remove said vessel from such wharf, dock, pier or slip or to abate such nuisance or discontinue such trespass as the case may be.
(b) In case any owner, master or person in charge and control of a vessel fails and neglects to comply with said order, the harbor master may cause such vessel to be so removed, or such nuisance to be abated, or such trespass to be discontinued, as the case may be, at the expense of such owner, or at the expense of the person maintaining such nuisance or committing such trespass.
(Rev. Ords. 1962, § 2410)
7-47 Harbor master to have powers of special police.
The harbor master, in carrying out his duties under this article, shall have and may exercise all the powers of a special police officer of the city.
(Rev. Ords. 1962, § 2411)
7-48 Authority to give notices.
The harbor master shall be authorized to give proper notices orally or in writing when required in the discharge of his duties and to perform all other acts necessary and incident to the enforcing and carrying out of the provisions of this chapter.
(Rev. Ords. 1962, § 2411)
7-49 Expenses not to be incurred without appropriations; city may recover expenses incurred in fixing, raising or removing vessels.
The harbor master shall not incur any expense nor obligate the city on any matter unless there is an available appropriation from which the same may be paid and to which it may be charged. Whenever the harbor master incurs any expense or obligates the city in the fixing, securing, raising or removal of any vessel or the abatement of any nuisance or trespass because of the refusal of the owner of any vessel or the person who maintains such nuisance or commits such trespass to comply with any order of the harbor master, the city may recover in an action of tort against the owner of any vessel involved or against the person who maintains such nuisance or commits such trespass, the cost or expense to the city so incurred by the harbor master in the discharge of his duties, and in addition, the city shall have a lien on any vessel involved for such cost and expense and underlying all mortgage and attachment liens, and may enforce such lien against such vessel in any proper proceeding in any proper court for that purpose.
(Rev. Ords. 1962, § 2411)
7-50 Authority to enter vessels.
The harbor master in the discharge of his duties and exercise of his powers under this chapter, shall have power and authority in all cases where, in his judgment, such action is required, but having respect at all times to the rights of the owners and lawful occupants of wharves, docks, piers and slips, to go on board any vessel that shall be anchored, located or left in any place contrary to or in violation of any of the provisions of this chapter, and to order the owner, master or person in charge and control of such vessel to forthwith remove the same, and any owner, master or person having such vessel in charge shall be liable to the penalties of this chapter for refusing or neglecting to comply with such order of the harbor master, and any person who shall obstruct, hinder or restrict said officer in going aboard such vessel in conformity with the powers herein vested in him shall be liable to the penalties of this chapter.
(Rev. Ords. 1962, § 2410)
Charter reference—Authority to prescribe duties, § 229.
Cross reference—Duties of city officers generally, § 2-4.