Chapter 15.04 HARBOR CODE

(1) Use of Words and Phrases. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(2) “Berth” means both wet berths and dry berths. A “wet berth” is a space between floats, landings, piers, quays, or wharves used for the anchoring or mooring of a vessel, and is synonymous with the term “slip.” A “dry berth” is a facility on land for the storage of vessels and is synonymous with the term “dry shed moorage.”

(3) “Diver’s flag” means a red flag five units of measurement on the hoist by six units of measurement on the fly with a white stripe of one unit crossing the red diagonally, the flag to have a stiffener to make it stand out from the pole mast. This flag shall only pertain to skin diving and shall supplement any nationally recognized diver’s flag or marking. A unit of measurement shall not be less than two inches.

(4) “Harbormaster” means the individual duly appointed by the city manager to manage the marina and such person’s authorized agents.

(5) “Keyholder” means an owner of record who has been issued a key, fob, key card, or other access device to access a locked moorage area, or an agent of such owner of record.

(6) “Lien, possessory lien” means a charge upon a vessel or other thing of value for the payment or satisfaction of a debt or obligation, enforceable by the city in the manner prescribed by law.

(7) “Living aboard a vessel” means the use of the vessel for residential purposes, and persons who so use a vessel shall be known as “live aboards.”

(8) “Marina” means the Des Moines marina (otherwise known as the Des Moines small boat harbor) and consists of those areas within the boundaries of all property owned or leased by the city adjacent to Puget Sound including but not limited to the fishing pier, the tidal and subtidal lands, the water, rock and timber breakwaters, bulkheads, gangways, floats, piers, repair grinds, pilings, upland developments, work areas, all other buildings, and the parking areas and traffic lanes.

(9) “Moor” means to tie up, anchor, or station a vessel within the marina.

(10) “Moorage” means a location where vessels anchor or moor.

(11) “Moorage facility” means properties operated by a moorage facility operator and that are capable of use for moorage or storage of vessels.

(12) “Obstruction” means a vessel or other personal property which in any way blocks, interferes with or endangers a vessel, impedes navigation, or interferes with the performance of other lawful activity of the city.

(13) “Operator” means a person who, by ownership, hire, consent of vessel owner, or other lawful arrangement, has the right or privilege to operate a vessel within the marina, and who is responsible for such vessel.

(14) “Owner” means the person who has lawful possession of a vessel or personal property by virtue of legal title or equitable interest therein which entitled such person to such possession.

(15) “Pier” means a wharf, float, grid, or other structure used to promote the convenient loading and unloading of vessels or the repair thereof.

(16) “Port charges” include moorage and storage charges.

(17) “Skin-diving” means an individual using mask, fins, snorkel, type of exposure suit, or any mechanical device which supplies a breathing gas.

(18) “Towboat” means a vessel engaged in towing or pushing another vessel or anything other than a vessel except tenders, dinghies, or other accessory equipment of a vessel.

(19) “Vessel” means a contrivance, regardless of length, used or capable of being used as a means of transportation of persons or personal property on water.

(20) “Waste matter” means every substance, thing, or object that by reason of its nature or condition is of no demonstrable use to its owner or possessor and that cannot be sold or given readily to another person who will take possession of and remove it promptly.

(21) “Water ski” means all forms, manners, means, or contrivances of individuals being towed behind a towboat or riding a self-propelled surfing or skiing device. [Ord. 1755 § 1, 2021; Ord. 1011 § 1, 1993: Ord. 993 § 18, 1992: Ord. 643 § 1, 1985; Ord. 466 § 1, 1979.]

ARTICLE II. OPERATIONAL RULES WITHIN THE MARINA

15.04.020 (Reserved).²

15.04.030 Rules of the road.

Except as otherwise specified in this chapter, vessels shall be subject to the Coast Guard Rules for Navigation found in Title 33 CFR, Part 80, and Coast Guard publication C6169 promulgated by the United States Coast Guard, pursuant to an act of Congress, as such rules now and may from time to time be adopted after the date of passage of the ordinance codified in this title; provided, vessels, while engaged in a sanctioned or authorized race, log race, regatta, or similar event, shall be subject to the applicable rules for such events including, but not limited to, differing right-of-way rules. [Ord. 466 § 2(A), 1979.]

15.04.040 Negligent operation.

A person who operates a vessel (1) in a manner so as to endanger or be likely to endanger a person or property; or (2) at a rate of speed greater than would permit the operator in the exercise of reasonable care to bring the vessel to a stop within the assured clear distance ahead is guilty of the crime of negligent operation and is in violation of this chapter. [Ord. 466 § 2(B), 1979.]

15.04.050 Reckless operation.

A person who operates a vessel within the marina in a wilful or wanton disregard for the safety of persons or property is guilty of the crime of reckless operation and is in violation of this chapter. [Ord. 466 § 2(C), 1979.]

15.04.060 Speed regulation.

On all waters of the marina it is unlawful for a person to operate a vessel at a speed in excess of four knots and never at a speed beyond that of due care considering the existing circumstances. It is also unlawful to operate a boat at such a speed or in such a manner as to create a wake that may cause damage to moored vessels or to floating structures. [Ord. 466 § 2(D), 1979.]

15.04.065 Failure to stop for law enforcement officer.

(1) It is unlawful for an operator of a vessel to wilfully fail to stop when requested or signaled to do so by a person reasonably identifiable as a law enforcement officer.

(2) Every person convicted of a violation of any provision of this section shall be punished by a fine in an amount fixed by the court of not more than $5,000, or by imprisonment for a maximum term fixed by the court of not more than one year, or by both such fine and imprisonment. [Ord. 907 § 1, 1991.]

15.04.070 Interference with marina activities.

No person shall cause or permit a vessel or other object under his control to unreasonably or unnecessarily interfere with other vessels, with the free and proper navigation of marina waterways, or with the performance of an activity of the city. [Ord. 466 § 2(E), 1979.]

15.04.080 Obstruction and the moving of same.

(1) No owner or operator having charge of a vessel or other personal property shall moor the same in a way that hinders use of navigable waters by others or, unless authorized by proper signing, make the same fast to a buoy, pier, or other structure owned by or under the authority and control of the city without obtaining permission from the harbormaster.

(2) No owner or operator in charge of a towboat shall obstruct navigable waters.

(3) The harbormaster may order an obstruction removed, and it is unlawful and a violation of this chapter to fail, refuse, or neglect to promptly do so. The harbormaster is further empowered to impound such vessel or other personal property according to the applicable provisions when so ordered. Such vessels or other objects may be redeemed only after payment of charges in accordance with DMMC 15.04.540. [Ord. 1011 § 2, 1993: Ord. 466 § 2(F), 1979.]

15.04.090 Floating objects.

All vessels, logs, pilings, building materials, scows, houseboats, or any other articles of value found adrift in marina waters may be impounded by the harbormaster pursuant to the provisions of DMMC 15.04.520 through 15.04.540, and may be redeemed by the owner upon payment to the city of any expenses incurred in the impounding and safeguarding or storage thereof. [Ord. 466 § 2(G), 1979.]

15.04.100 Intoxication.

(1) It is unlawful for a person who is under the influence of or affected by intoxicating liquor or of a drug to operate or be in actual physical control of a vessel.

(2) It is unlawful for the owner or the operator of any vessel to authorize or knowingly permit the same to be operated by a person who is under the influence of or affected by intoxicating liquor or a drug.

(3) When it appears reasonably certain to a police officer that a person under the influence of or affected by intoxicating liquor or a drug is operating or is about to operate a vessel, the officer may take reasonable measures to prevent such person from so doing, either by taking from him the keys of such vessel and locking such vessel or by some other appropriate means. In any such case, the officer shall immediately report the facts to his commanding officer and shall, as soon as possible, deposit the keys or other articles, if any, taken from the vessel or person with the commanding officer. Such keys or other articles shall be returned to any person upon his demand and proper identification when it appears that he is the owner or operator of the vessel and the conditions under which the officer took preventative measures no longer exist. The determination of intoxication shall be conducted as for motor vehicles.

(4) Evidence of chemical tests for intoxication shall be admissible in court in accordance with Title 46 RCW. [Ord. 466 § 2(H), 1979.]

15.04.110 Incapacity of operator.

It is unlawful for the owner or operator of a vessel to authorize or knowingly permit the same to be operated by a person who, by reason of physical or mental incapacity, is unable to operate such vessel as required by this chapter or any rules and regulations issued thereunder. [Ord. 466 § 2(I), 1979.]

15.04.120 Right-of-way.

No person shall fail to yield the right-of-way to the operator of a towboat or other vessel in accordance with the rules of the road. [Ord. 466 § 2(J), 1979.]

15.04.130 Aircraft.

No pilot of any aircraft shall operate the same upon the waters of the marina except under emergency conditions. [Ord. 466 § 2(K), 1979.]

15.04.140 Accidents.

A person in control of a vessel or other personalty involved in an accident in or on the waters of the marina resulting in injury or death to a person or in damage to property shall immediately stop such vessel or other personalty at the scene of such accident and shall give his name and address, and the name and/or number of his vessel, and the name and address of the owner, to the person struck or the operator or occupants of the vessel or obstruction collided with or to the owner of the property damaged, and shall render to any per-son injured in such accident reasonable assistance. [Ord. 466 § 2(L), 1979.]

15.04.150 Accident reports.

(1) A person in control of a vessel or other personalty involved in an accident in or on the waters of the marina shall file with the city within 48 hours a written report of such accident when such accident involved death, personal injury requiring medical treatment, or property damage in excess of $100.00. This report will be required in addition to those required by federal and state law.

(2) All required accident reports and supplemental reports and copies thereof shall be without prejudice to the individual so reporting and shall be for the confidential use of the police department, city attorney, or other peace and enforcement officers, except that any such officer may disclose the identity of a person reported as involved in an accident when such identity is not otherwise known or when such person denies his presence at such accident. No such accident report or copy thereof shall otherwise be used as evidence in any trial, civil or criminal, arising out of an accident, except that an officer receiving such accident reports shall furnish, upon demand of a person who has, or who claims to have made such a report, or upon demand of a court, a certificate showing that a specified accident report has or has not been made, solely to prove compliance or failure to comply with the requirement that such a report be made in the manner required by law. [Ord. 466 § 2(M), 1979.]

15.04.160 Whistles.

It is unlawful for a person within the marina to unnecessarily blow or sound a whistle, siren, or other sound-producing device. [Ord. 466 § 2(N), 1979.]

ARTICLE III. EQUIPMENT

15.04.170 Required equipment – Name/number.

All vessels shall be numbered or documented in accordance with applicable Coast Guard or state regulations and shall carry the equipment required by applicable United States law in force on the effective date of the ordinance codified in this chapter. Failure to so number, or document or to carry such equipment may be cause for refusal of moorage. [Ord. 466 § 3(A), 1979.]

15.04.180 Condition of vessels.

Vessels which, in the opinion of the harbormaster, do not meet normal safety standards or are hazardous to marina property or other boats or facilities shall be denied permission to remain on marina premises. A person who denies permission when requested for an on-board inspection of his vessel by the harbormaster, U.S. Coast Guard boarding officer, Des Moines police officer, or an authorized deputy King County sheriff may be required to remove such vessel from the marina. [Ord. 466 § 3(B), 1979.]

15.04.190 Firefighting equipment.

All vessels moored in the marina or in the dry storage sheds shall be equipped at all times with at least the minimum firefighting equipment, in operable condition, required by the U.S. Coast Guard for a vessel of its particular class. [Ord. 466 § 3(C), 1979.]

15.04.200 Mufflers.

It is unlawful to use or operate an engine in or on the marina waters unless the engine is operated with and connected to a muffler or silencer of sufficient size and capacity to effectively muffle and prevent excessive or unusual noise from the exhaust of the engine. The dBA limitations and measurement standards and procedures of the State Department of Ecology, as set out in chapters 173-58 and 173-70 WAC, are adopted by reference and shall apply to the enforcement of this section. [Ord. 466 § 3(D), 1979.]

15.04.210 Automobile traffic controls.

(1) The Public Works Director, after consultation with the Harbormaster, shall establish speed and parking regulations on marina premises, which regulations shall be posted. A vehicle parked in violation of any such sign or regulations may be towed away. No person shall operate a motor vehicle in excess of the posted speed limit, or park a vehicle in violation of such signs.

(2) Vehicle parking areas are to be used only for parking in connection with the use of marina facilities. [Ord. 1755 § 2, 2021; Ord. 466 § 4(E), 1979.]

ARTICLE IV. CONTROL OF MARINA PROPERTY

15.04.220 Debris on marina property.

(1) No garbage, trash, oil, fuel, debris, or other material, liquid or solid, shall be deposited on the land areas of the marina, or on floats, piers, or elsewhere in the moorage area, except into containers provided for that express purpose.

(2) No person shall place, put, or in any way deposit an article or substances on the land areas of the marina, or on floats or piers in such position that the same may or can be washed into the marina waters, either by high tides, storms, flood, or otherwise.

(3) No person shall deposit waste matter of a residential or commercial origin in marina garbage containers, except by written authorization by the harbormaster. A fee shall be charged for such service. “Waste matter of a residential or commercial origin” as used in this section means material which first becomes waste matter at a residence or commercial establishment and is first gathered for disposal by a resident, owner of such commercial establishment, or an agent of either such resident or owner. [Ord. 466 § 5(A), 1979.]

15.04.230 Deposit of material into marina waters.

No person shall dump material of any kind into the waters of the marina, or set adrift, or allow, cause, or permit to go adrift anything, including that which is or might become obstructive or dangerous to navigation, other vessels, or the marina facilities. [Ord. 466 § 5(B), 1979.]

15.04.240 Sewage disposal.

The marine sanitation device standards and requirements of 33 CFR Section 159 are adopted by reference and shall be enforced in the marina. [Ord. 466 § 5(C), 1979.]

15.04.250 Oil and petroleum products in marina waters.

No person on a vessel, and no engineer or other person in charge of an engine room or machinery of a vessel, and no owner, lessee, agent, employee, or other person in charge of or employed on or about a pier, or other structure, and no person along or upon the shore of the marina shall spill, throw, pump, or otherwise cause oil, gasoline, diesel oil, or any petroleum product to be upon marina waters. A violator shall be liable for cost of removal as provided in RCW 90.48.315 et seq., and may be otherwise prosecuted. [Ord. 466 § 5(D), 1979.]

15.04.260 Obstruction of floats.

(1) The roadways, gangways, piers, floats, or finger piers of the marina shall not be obstructed at any time without the prior written permission of the harbormaster. Landing steps shall not occupy more than half the width of a finger pier and must be stored on the vessel or some alternative storage area when not in use.

(2) No person shall place or permit to remain on or across a float, hose, line, or object that would restrict, block, or make hazardous pedestrian use of the float.

(3) No unauthorized storage lockers are permitted on floats or finger piers. Oily rags, open paint, or other flammable material must not be stored on floats, piers, or in dry storage. Open fires are prohibited on the floats, including charcoal burners, cutting torches, welders, or anything that would constitute a fire hazard. [Ord. 466 § 5(E), 1979.]

15.04.270 Swimming, water skiing, diving.

(1) No person shall swim or water ski in the waters of the marina except upon prior written permission of the harbormaster.

(2) Sport skindiving shall be prohibited in that area lying south of the southwest tip of the fishing pier to a point 500 feet south of the north tip of the marina breakwater and from the breakwater to the western boundary of the property leased to the city. Sport skindiving shall also be prohibited within the inner harbor area; that is, in the moorage area directly east of the breakwater and where official signs so prohibit.

(3) Skindiving, commercial or otherwise, in the areas described in subsection (2) of this section, shall be confined to:

(a) Qualified skindivers engaged in recovery, repair, inspection of real estate above and below waters;

(b) Diving students of an accredited school engaged in approved oceanography studies; and

(4) All skindivers, sport or otherwise, shall observe all equipment and physical safety standards adopted and recommended by his nationally recognized diver certification organization, such as NAUI, PADI, YMCA, NASDS, or the like. At a minimum, all skindivers:

(a) Must carry the certification card of a nationally recognized diving organization;

(b) Must dive with a properly certified buddy;

(d) Must use a surface-supported diver’s flag or surface support vessel flying a diver’s flag, and must surface within 50 feet of the flag.

(5) All persons engaged in skindiving within the marina shall be solely responsible for all of their actions and decisions including, but not limited to, choice and maintenance of equipment, diving procedures and exercises of judgment as to the commencement and termination of diving, especially in adverse conditions.

(6) All waters of the marina, including those around the fishing pier and underwater artificial reef shall be a marine sanctuary. It is unlawful to remove any specimen of a marine organism from the waters of the marina, except by:

(a) Standard sport hook and line; or

(b) Written permission of the harbormaster, city manager, or chief of police.

The taking of marine specimens by standard sport hook and line shall be governed by applicable state saltwater fishing regulations. [Ord. 466 § 5(F), 1979.]

15.04.280 Nuisance abatement.

A condition aboard or around a vessel or dock or berth that in the opinion of the harbormaster constitutes a fire hazard or health menace or a danger to public safety or otherwise unreasonably interferes with another’s enjoyment of the marina facilities shall be corrected upon receipt of notice thereof by the owner or operator. Corrective action shall be taken by the harbormaster, including but not limited to charging the costs of abatement to the next billing or impounding the vessel or the object pursuant to the provisions of DMMC 15.04.520 if the nuisance is not abated. Failure to abate the nuisance is grounds for termination of moorage and removal of the vessel from the marina or criminal prosecution. [Ord. 1011 § 3, 1993: Ord. 466 § 5(G), 1979.]

15.04.290 Control of firefighting and other emergency equipment.

All marina fire extinguishers, firefighting equipment, and emergency equipment are to be used only for the fighting of fires and for appropriate emergency situations. Unauthorized use of such equipment is unlawful. A violation of the provisions of this section shall be a criminal offense and shall be punished by a fine of no less than $250.00 plus restitution. [Ord. 610 § 25, 1984: Ord. 466 § 5(H), 1979.]

15.04.300 Rock breakwater.

No person shall walk on, over, or across or anchor or moor a vessel on or to the rock breakwater which forms the marina harbor. This restriction shall not be applicable to city personnel or their authorized agents in the performance of their duties. [Ord. 466 § 5(I), 1979.]

15.04.310 Launching – Hauling.

(1) No person shall launch into or remove from the waters of the marina any vessel other than surfboards, paddleboards, kayaks, canoes, dinghies, or similar small craft except where regular launching and hauling of vessels is conducted or in areas designated and posted for such purpose by the city.

(2) All vessels using the launching facilities or any other services or facilities of the marina shall comply with this chapter and all rules and regulations promulgated pursuant to this chapter. [Ord. 466 § 5(J), 1979.]

15.04.315 Use of Redondo Boat Launch.

(1) No person shall drive or park any vehicle, trailer, or vehicle and trailer combination on the Redondo Boat Launch ramp except in the course of launching or hauling a vessel, without the express written permission of the Harbormaster.

(2) No person shall use or occupy the Redondo Boat Launch ramp or floats for any commercial purpose without the express written permission of the Harbormaster. [Ord. 1707 § 1, 2018.]

15.04.320 Mooring requirements.

(1) All vessels, when unattended, shall be securely moored in accordance with applicable rules and regulations of the marina.

(2) If vessels moored in the marina are not maintained safely, the harbormaster may supply lines and fittings, or replace inadequate lines or fittings and may care for the vessel in such a manner as to prevent damage or injury. The harbormaster shall charge the owner of such vessel for such service, for lines, fittings, and material supplied. The impound procedures of DMMC 15.04.520 shall apply when such charges are not timely paid. Materials supplied by the harbormaster are not returnable. [Ord. 1011 § 4, 1993: Ord. 466 § 5(K), 1979.]

15.04.330 Unauthorized persons.

(1) Access to the floats shall be limited to owners, operators, their employees, guests, immediate family, and those entering with approval of the harbormaster.

(2) Children under 16 years of age are not permitted on floats or finger piers unless accompanied by a parent or other responsible adult.

(3) No unauthorized person shall be permitted in areas specifically posted as being reserved for use of special categories of persons or as work areas.

(4) No person shall wilfully injure or tamper with or break or remove part of a vessel or tamper with the lines securing such vessel, without the consent of the owner or other persons having charge thereof.

(5) No person shall wilfully or carelessly destroy, damage, deface, or interfere with public property within the marina. No person shall alter a berth or install or construct an addition to the marina structures or grounds without prior written permission of the harbormaster. An alteration or addition shall be in harmony with the architecture and overall plan of the marina.

(6) The harbormaster may deny the use of any of the facilities of the marina to a person who refuses to comply with the provisions of this chapter. Such person may be subject to prosecution as a trespasser to the fullest extent possible under the law if such order of the harbormaster is not complied with. [Ord. 466 § 5(L), 1979.]

15.04.340 Responsibility of keyholders.

Keyholders shall be responsible for the conduct and actions of all persons to whom they allow access to a locked moorage area. [Ord. 466 § 5(M), 1979.]

15.04.350 Noise.

All persons within the marina shall keep noise to a minimum between 11:00 p.m. and 7:00 a.m. No person shall shout, talk loudly, play musical instruments, or operate other noise-making devices or equipment (except for emergency) upon a vessel within the marina between these hours. Violations of this section, after appropriate warning, will constitute sufficient cause for the harbormaster to order the removal of such vessel from its moorage within the marina. [Ord. 466 § 5(N), 1979.]

15.04.360 Random operation.

The movement of vessels within the moorage area (between piers) shall be for the purpose of mooring, entering, or leaving a slip only. No random sailing or cruising by vessels shall be permitted. [Ord. 466 § 5(O), 1979.]

15.04.370 Posting of signs.

Posting of signs for the sale, charter, or rental of boats moored in the marina is unlawful except by written authorization of the harbormaster. [Ord. 466 § 5(P), 1979.]

15.04.380 Smoking.

No person shall smoke (1) while on the fuel float, or (2) in any other area identified by official signing or upon oral notification by authorized city personnel that such activity would present a hazard to persons or property. [Ord. 466 § 5(Q), 1979.]

15.04.390 Unattended boats.

No owner or operator or other person shall moor unattended vessels at the fuel float or at a launcher pier. [Ord. 466 § 5(R), 1979.]

15.04.400 Fishing.

Fishing in the inner harbor area shall be permitted in designated areas only. [Ord. 466 § 5(S), 1979.]

15.04.410 Alcoholic beverages.

No person shall drink any alcoholic beverage on marina property except on private vessels, duly licensed premises, or at duly licensed community events. [Ord. 466 § 5(T), 1979.]

15.04.420 Bicycles, roller skates, and skateboards.

No person shall ride, use, or employ a bicycle, roller skates, skateboard, or any other similar device upon a pier, float, or other part of the moorage area. The use of any device designed as a mobility aid for individuals with mobility impairments, and operated by such an individual, shall be exempt from the provisions of this section. [Ord. 1755 § 3, 2021; Ord. 466 § 5(U), 1979.]

15.04.430 Pumping of boats.

The owners of vessels in the marina shall be responsible for the pumping of their boats. The marina shall have no responsibility for pumping vessels, emergency or otherwise. All boats receiving emergency pumping services by the marina shall be assessed a fee which shall be added to and is due and payable at the next billing for permanent moorage customers and collectible immediately for guests and transients. Failure to pay such fee shall subject such a boat to the impound procedures of DMMC 15.04.520 through 15.04.540. [Ord. 466 § 5(V), 1979.]

15.04.440 Dogs.

All dogs on marina property shall be under control by leash. The owners of such dogs shall be responsible for the proper cleanup and disposal of animal wastes. Violation of this section shall subject the animal to impounding by proper authority and criminal prosecution of the owner. Redemption of the animal shall be dependent upon payment of costs and fees and other applicable provisions of Title 8 DMMC. [Ord. 466 § 5(W), 1979.]

15.04.450 Commercial usage.

No person shall conduct a business or service within the marina for hire, fee, or other compensation without first obtaining a permit, agreement, license, or franchise approved by the city council; provided, commercial uses of berths shall be permitted and controlled as set by rules and regulations promulgated pursuant to this chapter. [Ord. 466 § 5(X), 1979.]

15.04.460 Living aboard.

No person shall live aboard a vessel without specific written authorization by the harbormaster. An owner who lives aboard or permits living aboard on his vessel without such permission, shall be subject to termination of moorage. The city manager is authorized to establish by rule and regulation (pursuant to DMMC 15.04.210 and 15.04.550 through 15.04.580) the number, location, and conditions of living aboard. [Ord. 466 § 5(Y), 1979.]

ARTICLE V. MOORAGE APPLICATION AND AGREEMENT

15.04.470 False statements – Penalty.

Every person who knowingly or recklessly makes an untrue statement in the certificate of ownership or knowingly or recklessly provides false information in any other part of an application for the purpose of obtaining moorage rights or who knowingly or recklessly makes an untrue statement on any other marina account record is guilty of violation of this chapter. In addition to the penalty provided in DMMC 15.04.590, the moorage rights of the individual making such statement or providing such false information (along with the moorage rights of any of his partners in the ownership of the vessel in question) may be terminated at the discretion of the city. For the purpose of this section “recklessly” means making a statement without knowledge as to its truth or falsity. [Ord. 466 § 6(A), 1979.]

15.04.480 Marina charges and fees.

(1) Monthly moorage rates for all slips, dry storage, and all other goods and services shall be established by executive order of the City Manager and published at the office of the marina. Charges for continuing services and moorage fees are payable in advance and due on or before the tenth day of each month.

(2) The City Manager may establish seasonal moorage rates for 20-, 24-, and 28-foot slips at the Des Moines Marina which shall apply to new tenants signing moorage agreements on or after March 1st of any year and shall continue through October 31st of that year to reflect higher seasonal demand. Moorage for tenants who maintain moorage past October 31st shall be billed at the regular moorage rate so long as the tenant retains continuous moorage.

(3) The City Manager may establish annual moorage prepayment rates for 20-, 24-, and 28-foot slips that will apply for any new or current tenant in those moorages that pays for one year’s (12 months’) moorage in advance. The moorage rate for annual tenants that terminate their moorage before the end of the 12-month period will be recalculated at the monthly rate before the balance, if any, is refunded.

(4) Dry shed storage rates for a boat of appropriate size and boating accessories shall be set in a standard monthly amount. Dry shed rates for storage of non-boating-related items, household goods and the like, without a boat of appropriate size will be set at two times the rate for boat storage.

(5) Persons using the marina facilities shall pay in full all applicable state and federal taxes imposed by statute including the State Leasehold Excise Tax (chapter 82.29A RCW) as adopted by the City in Ordinance No. 387, passed by the City Council April 15, 1976, and codified in chapter 3.72 DMMC as presently constituted or as may be subsequently amended.

(6) Persons using the marina facilities shall pay for all electricity and other utilities or services which shall be furnished to their berth at the established rates provided by the applicable schedule of rates posted by the City.

(7) Formula to Establish Rates. The presumptive rate for each class of moorage to be established by the City Manager pursuant to this section shall be calculated for each year beginning January 1st by application of the Consumer Price Index, All Urban Consumers, Seattle-Tacoma-Bellevue, Washington area, for the preceding 12-month period ending August 31st, published by the U.S. Department of Labor, Bureau of Labor Statistics (“CPI”) to the rate of the previous year. The City Manager may deviate from the presumptive rates in setting moorage rates as appropriate to address current market conditions. The presumptive rates shall take effect on January 1st of each year in the absence of a new executive order. The City Manager shall provide written notice to the City Council of any moorage rate adjustment no less than 30 days prior to the effective date of the adjustment. [Ord. 1755 § 4, 2021; Ord. 1685 § 1, 2017; Ord. 1636 § 1, 2015: Ord. 1590 § 1, 2013: Ord. 1503 § 1, 2011: Ord. 1472 § 1, 2009: Ord. 1318 § 1, 2003: Ord. 1294 § 1, 2001: Ord. 1250 § 1, 1999: Ord. 1172 § 1, 1996; Ord. 812 § 1, 1989: Ord. 466 § 6(B), 1979.]

*Appendix “A” is attached to the ordinance codified in this section and on file in the City Clerk’s office.

ARTICLE VI. GUEST MOORAGES

15.04.490 Requisites for guest moorage.

All vessels moored at the marina shall have a valid guest moorage permit, an in-force marina service agreement, or an authorized sublet arrangement; provided, that if the marina office is closed at the time of the vessel’s arrival and no authorized agent is in attendance, such permit shall be obtained as soon as possible from the harbormaster. [Ord. 466 § 7(A), 1979.]

15.04.500 Use of another’s berth.

It is unlawful at any time for a person or persons to moor or attempt to moor a vessel in a berth allocated to another. There shall be a rebuttable presumption that the owner of record of a vessel is responsible for any such unlawful moorage. [Ord. 466 § 7(B), 1979.]

15.04.510 Impoundment – Authority – Generally.

The harbormaster may impound a vessel found in violation of the provisions of this chapter. [Ord. 1011 § 5, 1993: Ord. 466 § 7(C), 1979.]

ARTICLE VII. IMPOUNDING – POWERS AND PROCEDURES

15.04.520 Impound procedures authorized, notification.

(1) In addition to the specific authority granted to the harbormaster in accordance with this chapter, the harbormaster may adopt procedures authorizing marina personnel to take reasonable measures, including the use of chains, ropes, and locks, or removal from the water, to secure vessels within the moorage facility so that the vessels are in the possession and control of the harbormaster and cannot be removed from the moorage facility. These procedures may be used if an owner mooring or storing a vessel at the moorage facility fails, after being notified that charges are owing and of the owner’s right to commence legal proceedings to contest that such charges are owing, to pay the port charges owed or to commence legal proceedings. Notification shall be by certified mail to the owner at the owner’s last known address. In the case of a transient vessel, or where no address was furnished by the owner, the harbormaster need not give such notice prior to securing the vessel. At the time of securing the vessel, an authorized marina employee shall attach to the vessel a readily visible notice. The notice shall be of a reasonable size and shall contain the following information:

(a) The date and time the notice was attached;

(b) A statement that if the account is not paid in full within 90 days from the time the notice is attached, the vessel may be sold at public auction to satisfy the port charges; and

(2) After a vessel is secured, the harbormaster shall make a reasonable effort to notify the owner by registered mail in order to give the owner the information contained in the notice. [Ord. 1011 § 6, 1993. Prior: Ord. 466 § 8(A), 1979.]

15.04.530 Nuisance vessels, procedure authorized.

The harbormaster may move moored vessels ashore for storage within properties under the harbormaster’s control or for storage with private persons under their control and bailees of the moorage facilities, if the vessel is, in the opinion of the harbormaster, in danger of sinking or creating other damage, or is owing port charges. Cost of such procedures is paid by the vessel’s owner. [Ord. 1011 § 7, 1993. Prior: Ord. 466 § 8(B), 1979.]

15.04.540 Release to owner, notification and sale.

(1) If a vessel is secured under DMMC 15.04.520 or moved ashore under DMMC 15.04.530, the owner who is obligated to the marina for port charges may regain possession of the vessel by:

(a) Making arrangements satisfactory with the harbormaster for the immediate removal of the vessel from the moorage facility or for authorized moorage; and

(b) Making payment to the marina of all port charges, or by posting with the marina a sufficient cash bond or other acceptable security to be held in trust by the harbormaster pending written agreement of the parties with respect to payment by the vessel owner of the amount owing, or pending resolution of the matter of the charges in a civil action in a court of competent jurisdiction. After entry of judgment, including appeals in a court of competent jurisdiction, or after the parties reach agreement with respect to payment, the trust shall terminate and the marina shall receive so much of the bond or other security as is agreed, or as is necessary to satisfy any judgment, cost, and interest as may be awarded to the harbormaster. The balance shall be refunded within five working days to the owner at the owner’s last known address.

(2) If a vessel has been secured by the harbormaster under DMMC 15.04.520 or 15.04.530 and is not released to the owner under the bonding provisions of this section or under other arrangements satisfactory to the harbormaster, within 90 days after notifying or attempting to notify the owner under DMMC 15.04.520, the vessel is conclusively presumed to have been abandoned by the owner.

(3) If a vessel moored or stored at a moorage facility is abandoned, the harbormaster may, by resolution of the city council, authorize the public sale of the vessel to the highest and best bidder for cash as follows:

(a) Before the vessel is sold, the owner of the vessel shall be given at least 20 days’ notice of the sale in the manner set forth in DMMC 15.04.520 if the name and address of the owner is known. The notice shall contain the time and place of the sale, a reasonable description of the vessel to be sold, and the amount of port charges owned with respect to the vessel. The notice of sale shall be published at least once, but not more than 20 days before the sale, in a newspaper of general circulation in King County. Such notice shall include the name of the vessel, if any, the last known owner and address, and a reasonable description of the vessel to be sold. The marina may bid all or part of the port charges at the sale and may become a purchaser at the sale;

(b) Before the vessel is sold, a person seeking to redeem an impounded vessel under this section may commence a lawsuit in the superior court of King County to contest the validity of the impoundment or the amount of the port charges owing. Such a lawsuit must be commenced within 10 days of the date the notification was provided pursuant to DMMC 15.04.520, or the right to a hearing is deemed waived and the owner is liable for any port charges owing the marina. In the event of litigation, the prevailing party shall be entitled to reasonable attorneys fees and costs;

(c) The proceeds of a sale under this section shall first be applied to the payment of port charges. The balance, if any, shall be paid to the owner. If the owner cannot in the exercise of due diligence be located by the harbormaster within one year of the date of the sale, the excess funds from the sale shall revert to the Department of Revenue pursuant to chapter 63.29 RCW as presently constituted or as may be subsequently amended. If the sale is for a sum less than the applicable port charges, the marina is entitled to assert a claim for a deficiency;

(d) In the event no one purchases the vessel at a sale, or a vessel is not removed from the premises or other arrangements are not made within 10 days of sale, title to the vessel will revert to the city. [Ord. 1011 § 8, 1993. Prior: Ord. 466 § 8(C), 1979.]

ARTICLE VIII. RULES AND REGULATIONS – AUTHORITY AND ENFORCEMENT

15.04.550 Authority to promulgate rules and regulations.

The city manager may issue written rules and regulations, which shall be known as Rules and Regulations of the marina. Such rules and regulations shall govern the relationship of the marina to its customers and the public at large. As to customers of the marina, such rules and regulations shall constitute an extension and supplement to a contract entered into between the marina and its customers. The city manager may delegate authority to promulgate rules and regulations to the harbormaster. Nothing contained in this section shall diminish any authority of the harbormaster to issue special oral or written orders relative to the safe and efficient operation of the marina. A current copy of Rules and Regulations for the marina shall be available for public inspection at the city hall and the marina. [Ord. 466 § 4(A), 1979.]

15.04.555 Regulations to be posted.

The harbormaster shall conspicuously post at the marina all adopted regulations related to impound and sale of vessels. [Ord. 1011 § 9, 1993.]

15.04.560 Enforcement.

The city manager and the harbormaster shall enforce all applicable federal and state statutes, all city ordinances, and such rules and regulations that govern the use and enjoyment of the marina. The city manager and the harbormaster are vested with all police powers necessary to protect property and the public peace, health, and safety within the marina. [Ord. 466 § 4(B), 1979.]

15.04.570 Compliance with rules and regulations.

Every person shall comply with the rules and regulations of the marina and all reasonable directives (oral or written) of the harbormaster or an employee of the marina relative to the safe and efficient operation of the marina. Failure to so comply is a violation of this chapter and may be grounds for requiring such person to remove himself and/or a vessel from the marina. [Ord. 466 § 4(C), 1979.]

15.04.580 Appeals.

A person aggrieved by a decision of the city manager or harbormaster under this chapter may, within 10 days of such decision, file a notice of appeal with the hearing examiner. Such appeal shall be in accordance with Rule Twenty-One of the marina and the hearing examiner code. [Ord. 770 § 55, 1988: Ord. 466 § 4(D), 1979.]

ARTICLE IX. PENALTIES

15.04.590 Violation – Penalty.

(1) Except as otherwise provided in this chapter, no person shall violate or fail to comply with this chapter.

(2) A violation of or failure to comply with this section is a class 1 civil infraction. [Ord. 1009 § 56, 1993: Ord. 907 § 2, 1991: Ord. 466 § 9, 1979.]

Prior legislation: Ords. 272 and 331, repealed by Ord. 466.

Code reviser’s note: The provisions of DMMC 15.04.020 as previously codified constituted the section head for § 2 of Ord. 466.