Chapter 12.24
WATERFRONT PARK AND OTHER CITY HARBORS
Sections:
12.24.040 Nuisances designated – Removal required.
12.24.050 Moored or anchored vessels or watercraft.
12.24.090 Abatement of nuisances.
12.24.100 Special events notices and special use permits.
12.24.115 Unattended vessels or watercraft.
12.24.120 Violation – Penalty.
12.24.010 Definitions.
A. Repealed by Ord. 2003-22.
B. “Moor” or “moored” means to anchor or anchorage.
C. “City boat dock” means any public city dock located in the waters of the city of Bainbridge Island.
D. “Dinghy” or “dinghies” means any small boat, kayak, canoe, or rubber boat whether rowed or with motor, smaller than 16 feet.
E. “Oil” means oil or liquid, whether of animal, vegetable or mineral origin, or a mixture, compound or distillation thereof.
F. “Park harbor” means all waters or land under the water within the Waterfront Park and all other waters or land under water within Eagle Harbor that are owned or leased by the city.
G. “Police department” means the law enforcement agency of the city.
H. “Vessel” or “watercraft” means any contrivance used or capable of being used as a means of transportation on water. (Ord. 2007-01 § 2, 2007; Ord. 2003-22 § 13, 2003; Ord. 98-43 § 1, 1998; Ord. 87-12 §§ 1, 8, 1987; Ord. 81-17 § 1, 1981)
12.24.020 Applicability.
The provisions of this chapter shall be applicable to all vessels and watercraft in the harbors of the city. (Ord. 2007-01 § 3, 2007: Ord. 81-17 § 3, 1981)
12.24.030 Authorization.
The city, in the exercise of its police power, assumes control and jurisdiction over waters within the city’s harbors. (Ord. 2007-01 § 4, 2007: Ord. 98-43 § 2, 1998; Ord. 81-17 § 2, 1981)
12.24.040 Nuisances designated – Removal required.
A. Sunken vessels or watercraft shall be public nuisances. The owner of any sunken vessel or watercraft shall raise and remove the sunken vessel or watercraft within a reasonable time after the sinking of the vessel or watercraft. The time in which an owner shall have to remove the sunken vessel or watercraft shall be determined by the city, based on the circumstances surrounding the removal, including, but not limited to, weather, the difficulty of removal and the degree of the public nuisance. Failure to raise and remove a sunken vessel or watercraft within the time required by the city shall be a civil infraction. If the owner fails to remove the sunken vessel or watercraft, or if the owner cannot be ascertained, the city may remove the vessel or watercraft and dispose of the vessel or watercraft and its contents in accordance with Chapter 6.32 RCW.
B. Any vessel or watercraft dragging its anchor or mooring in such a manner as to impede navigation or endanger other vessels or improvements shall be considered a nuisance. If the owner fails to secure the dragging vessel or watercraft, or if the owner cannot be ascertained, the city may remove the vessel or watercraft and dispose of the vessel or watercraft and its contents in accordance with Chapter 6.32 RCW.
C. Abandoned floats, buoys and all other structures used for the purpose of anchoring or mooring vessels or watercraft of any kind shall constitute public nuisances. For the purpose of this section, a float or buoy is “abandoned” if it is not registered with the Department of Natural Resources and has not been used for more than 30 consecutive days. Any person causing or permitting such nuisances to be placed in the waters within the city’s jurisdiction shall be deemed to have committed a civil infraction and shall immediately remove such nuisances. If the person or persons causing or permitting such nuisances cannot be ascertained or located, the city may remove, or cause to be removed, the nuisances. The methods for disposing of the abandoned floats or buoys shall be governed by the provisions of Chapter 6.32 RCW.
D. Except as permitted by BIMC 12.24.115, any vessel or watercraft that is left unattended in the Waterfront Park harbor, whether at a city boat dock, linear moorage, or otherwise, for a period exceeding 48 hours shall constitute a public nuisance and the owner of such vessel or watercraft shall be deemed to have committed a civil infraction. The city may remove or cause to be removed these nuisances as provided in BIMC 12.24.050. (Ord. 2007-01 § 3, 2007: Ord. 98-47 § 3, 1999; Ord. 96-33 § 3, 1996; Ord. 87-12 § 4, 1987; Ord. 81-17 § 4, 1981)
12.24.050 Moored or anchored vessels or watercraft.
A. Except as permitted by BIMC 12.24.115, vessels or watercraft shall not be moored, anchored, or left unattended in waters within the Waterfront Park harbor for a period exceeding 48 hours. Vessels or watercraft moored or left unattended in the park harbor in violation of this section shall be subject to the impound rules and regulations contained in Chapter 12.40 BIMC.
B. No person shall moor or tie a vessel or watercraft to the city boat dock or the city linear moorage for more than 48 hours at a time, nor for more than 48 hours within any seven-day period.
Each person who shall moor or tie up a separate vessel or watercraft to the city boat dock or the city linear moorage shall immediately complete and sign a registration form made available by the city at the city boat dock, and shall affix and deposit the same along with the required fee established by resolution in the box provided. It is unlawful to moor or tie up to the city boat dock or linear moorage without complying with this provision, and failure to do so while moored or tied up to the city boat dock or linear moorage shall be prima facie evidence of having moored or tied up to the city boat dock or lineal moorage in violation of this chapter.
It is unlawful to moor or tie up any vessel or watercraft to the city boat dock or city linear moorage:
1. For purposes of vessel or watercraft construction;
2. For purposes of sale of a vessel or watercraft, or conducting sales therefrom;
3. Without first protecting the city boat dock or linear moorage from damage or wear and tear with adequate fenders or bumpers;
4. If the vessel or watercraft blocks use of the public boat ramp at Waterfront Park, except during the removal of the vessel or watercraft;
5. For purposes or in connection with a business or commercial venture or if it is a commercial or business craft without a special use permit;
6. If such vessel or watercraft exceeds 70 feet in length at the longest point, without a special use permit;
7. If such vessel or watercraft is a houseboat or barge;
8. By rafting more than two boats deep.
Vessels or watercraft moored or tied up in violation of this section shall be subject to towing and impoundment under Chapter 12.40 BIMC. (Ord. 2007-01 § 4, 2007; Ord. 98-47 § 4, 1999; Ord. 98-43 § 3, 1998; Ord. 93-32 § 2, 1993; Ord. 87-12 § 2, 1987: Ord. 81-17 § 5(A), 1981)
12.24.060 Moored vessels or watercraft – Action upon noncompliance with notice.
Repealed by Ord. 98-47. (Ord. 93-32 § 3, 1993: Ord. 81-17 § 5(B), 1981)
12.24.065 Moorage at boat dock limited.
Repealed by Ord. 98-47. (Ord. 98-43 § 4, 1998; Ord. 93-32 § 4, 1993: Ord. 87-12 § 3, 1987: Ord. 86-25 § 1, 1986)
12.24.070 Lien upon vessel or watercraft.
Repealed by Ord. 98-47. (Ord. 82-13, 1982: Ord. 81-17 § 6, 1981)
12.24.080 Authorized removal and redemption of vessels and watercraft.
Repealed by Ord. 98-47. (Ord. 88-09 § 2, 1988: Ord. 81-17 § 7, 1981)
12.24.085 Impound hearing.
Repealed by Ord. 98-47. (Ord. 95-24, 1995)
12.24.090 Abatement of nuisances.
Nothing in this title shall be interpreted to prohibit the city from bringing an action to abate a nuisance in the manner provided by law. The abatement of any public nuisance herein shall not excuse the person responsible therefor from prosecution under this section. (Ord. 98-47 § 5, 1999; Ord. 81-17 § 8, 1981)
12.24.100 Special events notices and special use permits.
A. Vessels or watercraft may also use the city boat dock, city linear moorage, or park harbor upon application to the city on appropriate city forms, and approval by the director or his designee, for special events. A special use permit shall be issued, upon such approval, designating that portion of the city boat dock, city linear moorage, or park harbor to be so used. It is unlawful for any person to moor or tie a vessel or watercraft in such an area designated by a special event notice, without first having obtained such special use permit.
B. A special use permit issued hereunder shall include at least the following information:
1. Name and address of vessel/watercraft owners and the group being reserved for;
2. Authorized dates and times of reserved use;
3. Location on city boat dock or in public harbor or reserved use, by cleat number, buoy, or area of designated use;
4. The reserved use shall be limited to the areas designated by the permit or signs;
5. The phone numbers of city departments responsible;
6. The amount of fees or charges to be paid for such reserved use;
7. Overall length of the vessel.
C. It is unlawful to use the designated areas beyond those times or locations authorized by such permits. (Ord. 98-43 § 5, 1998; Ord. 93-32 § 5, 1993; Ord. 87-12 § 6, 1987)
12.24.110 Use of dinghies.
A. No person shall moor or tie a dinghy at the city boat docks or city linear moorage or in the Waterfront Park harbor except in the areas designated for same. Dinghies may be rafted three deep in such designated areas.
B. No dinghy shall be moored or tied by any person so as to block the boat launch ramp, except for immediate loading or unloading.
C. Dinghies shall not be required to register as provided for herein, unless for purposes of a special event.
D. No dinghy shall be left unattended at the city boat docks or city linear moorage between the hours of 12:30 a.m. and 5:30 a.m. unless registered for overnight moorage or allowed pursuant to a city moorage agreement.
E. Any dinghy moored or tied contrary to the provisions of this chapter or of any posted signs shall constitute a nuisance.
F. Dinghies moored, tied, or left unattended in the park harbor or at the city boat docks or city linear moorage in violation of this section shall be removed and impounded in accordance with the procedures for impounding vessels and watercraft in Chapter 12.40 BIMC to the extent applicable; provided, that the notice requirements shall not apply to the removal and impound of dinghies violating subsections B or D of this section if signs notifying the public of the requirements of this section have been posted in a conspicuous place or places on or near the docks. (Ord. 2007-01 § 5, 2007: Ord. 98-43 § 6, 1998; Ord. 96-33 § 4, 1996; Ord. 93-32 § 5, 1993; Ord. 88-09 § 3, 1988: Ord. 87-12 § 7, 1987)
12.24.115 Unattended vessels or watercraft.
The city, in its discretion, may designate a specific area within Eagle Harbor for the anchoring or mooring of vessels or watercraft to be left unattended in city waters for more than 30 days. Upon such designation, vessels or watercraft to be left unattended for more than 30 days shall be permitted to anchor in the designated area only, and shall be subject to the anchorage or mooring fees as established by resolution; provided, that this section shall not apply to vessels or watercraft which are properly moored or anchored in private marinas. (Ord. 98-47 § 6, 1999)
12.24.120 Violation – Penalty.
A. Any person committing overtime parking or illegal parking under BIMC 12.24.040, 12.24.100 or 12.24.110 shall be guilty of a civil infraction and shall be fined in an amount not to exceed $100.00.
B. Except as provided otherwise in this chapter, any person violating any of the provisions of this chapter shall be guilty of a civil infraction upon a finding or agreement that the infraction was committed and shall be fined in an amount not to exceed $500.00.
C. Each day that a violation of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section. Civil infractions under this chapter may be issued by any police officer, parking enforcement officer or code enforcement officer of the city. Infractions issued under this chapter shall be processed in the same manner as those issued under Chapter 1.26 BIMC. (Ord. 2007-01 § 6, 2007; Ord. 96-33 § 5, 1996; Ord. 95-26, 1995; Ord. 87-12 § 5, 1987; Ord. 81-17 § 9, 1981)