Chapter 8.20
MOORAGE AND ANCHORAGE REGULATIONS
Sections:
8.20.050 Anchoring and mooring permit required.
8.20.060 Temporary anchorage or moorage.
8.20.080 Application procedures.
8.20.090 Permit renewals and extensions.
8.20.100 Suspension and revocation.
8.20.110 Assignment of permit.
8.20.120 Lights and audible devices.
8.20.130 Declaration of nuisance.
8.20.160 Impoundment-in-place.
8.20.010 Purpose.
The Kenmore city council finds that the unregulated anchoring and moorage of vessels, watercraft and obstructions in waters within the geographical boundaries of the City of Kenmore constitute a hazard to navigation and to the safety and health of citizens of the City of Kenmore. The purpose of this chapter is to provide a reasonable means of regulating such anchoring and moorage through a permit system, administered and enforced by the Kenmore police department, which will protect public safety, health and navigation while allowing for reasonable uses of the surface waters of the City. [Ord. 98-0035 § 1(C) (KCC 12.46.010).]
8.20.020 Definitions.
As used in this chapter, the following words and terms shall have the meanings set forth herein:
A. “Anchorage” means a designated position where vessels or watercraft may anchor or moor.
B. “Anchor” means the act of making a vessel, watercraft or obstruction secure to the bed of any body of water through use of a direct connection between the vessel, watercraft or obstruction and the bed.
C. “Boat” means any contrivance up to 65 feet in length overall, used or capable of being used as a means of transportation on water.
D. “Director” means the chief of the Kenmore police department or his or her designee.
E. “Master” means the captain, skipper, pilot or any other person having charge of any vessel or watercraft and shall include any agent or employee of such person.
F. “Moor” means the act of securing a vessel, watercraft or obstruction either to a lawfully installed pier or to a lawfully installed anchored buoy or float.
G. “Obstruction” means any vessel or watercraft or any matter which may in any way blockade, interfere with or endanger any vessel or watercraft or impede navigation, or which cannot comply with the “Pilot Rules for Certain Inland Waters of the Atlantic and Pacific Coasts and of the Coast of the Gulf of Mexico” (C.F. 236479).
H. “Owner” means the person who has lawful possession of a vessel or watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him to such possession, and includes any agent or employee of such person.
I. “Person” means and includes natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee; the singular number, when necessary, means the plural, and the masculine pronoun includes the feminine.
J. “Pier” means any pier, dock, wharf or other structure built in or over or floating upon the water, extending from the shoreline, which may be used as a landing place to promote the loading or unloading of vessels or watercraft for recreational or commercial purposes.
K. “Vessel” means any contrivance 110 feet or more in length overall, used or capable of being used as a means of transportation on water.
L. “Watercraft” means any contrivance less than 110 feet in length overall and at least 65 feet in length overall, used or capable of being used as a means of transportation on water. Aircraft, cribs or piles, shingle bolts, booms of logs, rafts of logs and rafts of lumber shall not be included within the terms “watercraft” or “vessel”, but shall be included within the term “obstruction” when they are anchored or moored and obstructing any navigable channel. [Ord. 98-0035 § 1(C) (KCC 12.46.020).]
8.20.030 Applicability.
This chapter shall apply to vessels, watercraft and obstructions located in lakes, rivers, streams, tidewaters and any other waters within the geographical boundaries of the City of Kenmore; provided, that any such vessels, watercraft or obstructions presently anchored or moored in such waters shall have 60 days from the effective date of the ordinance codified in this chapter to achieve compliance therewith; provided, further, that this chapter shall not apply to boats. [Ord. 98-0035 § 1(C) (KCC 12.46.030).]
8.20.040 Unlawful acts.
It is unlawful to anchor, moor, beach, ground or otherwise secure any vessel, watercraft or obstruction to the bed or shoreline of any waters or to any shoreline structure except under the following specific conditions:
A. Where anchored or moored in compliance with the temporary anchorage and moorage provisions contained in KMC 8.20.060;
B. Where anchored or moored under authority of a valid and effective permit issued to the owner or master by the director in accordance with KMC 8.20.050 and 8.20.070;
C. Where authorized or directed in writing by the United States Army Corps of Engineers or the United States Coast Guard to anchor, moor or otherwise locate in a specific area so designated by the federal agency for that particular purpose;
D. Where moored to a private pier with the permission of the owner or lessee of the real property to which the pier is attached; provided, that the vessel, watercraft or obstruction so moored shall remain within the legal property waterline or the established boundaries as defined by the appropriate government agency;
E. Where moored to a public pier, buoy or float, specifically intended for public use, in a manner consistent with any posted regulations displayed on-site or any applicable laws, rules or regulations of the public agency with jurisdiction over use of such public property; or
F. Where the vessel, watercraft or obstruction is exempted from the permit requirements of this chapter by KMC 8.20.070. [Ord. 98-0035 § 1(C) (KCC 12.46.040).]
8.20.050 Anchoring and mooring permit required.
Any owner or master who desires to anchor or moor his vessel, watercraft or obstruction and who is not temporarily at anchor or moored in compliance with KMC 8.20.060 shall apply for and obtain from the director a conditional permit prior to anchoring or mooring such craft. Issuance of such permit shall be subject to compliance with the following conditions, as determined by the director:
A. Less Than 30 Days’ Duration.
1. The moorage or anchorage shall be compatible with the general public use of the requested area and with the existing land use and land use planning in the vicinity;
2. The moorage or anchorage shall not deprive or materially interfere with the reasonable water access of properties adjacent to or in the vicinity of the requested water area, nor shall the moorage or anchorage encroach on or over privately owned property without the consent of the property owner;
3. No public food sales or retail sales of any other kind, charged or donated admission, holding of animals or fowl, or storage of toxic chemicals or petroleum products (except for propulsion of the craft) shall be permitted without first having obtained all legally required inspections and permits, approvals or licenses from the public agencies with jurisdiction, including but not limited to the Seattle-King County department of public health, the Kenmore police department, the department of public works, planning and community development department, the department of executive administration, and the appropriate fire district;
4. Moorage or anchorage for purpose of residential use shall not be permitted;
5. The applicant shall provide to the director and maintain during the period of the permit a bond, cash deposit or sight irrevocable letter of credit from a reputable lending institution approved by the director in an amount specified by the director, but not to exceed $500,000, sufficient to cover the potential cost of removal of the watercraft, vessel or obstruction in the event of sinking, and in the event of adjacent publicly owned structures, the cost of repair thereof in event of collision;
6. The applicant shall provide to the director written proof from the auditor or comptroller of the vessel’s or watercraft’s home port or principal place of business or use showing that all current taxes and assessments are paid; and
7. The applicant shall execute and deliver to the director upon a form supplied by the director an agreement in writing and acknowledged by the applicant to hold and save harmless the City of Kenmore from any and all claims, actions or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the use and occupation of the waters by the permit holder.
B. Thirty Days’ or Greater Duration.
1. All conditions necessary for a permit of less than 30 days’ duration must be met, except that the bond, cash deposit or sight irrevocable letter of credit from a reputable lending institution approved by the director shall not exceed $1,000,000;
2. The applicant shall provide to the director a certificate of seaworthiness from a marine surveyor who is certified by the National Association of Marine Surveyors or from a person certified by a similar professional organization acceptable to the director, except this condition shall not apply to obstructions;
3. Maximum duration shall be 365 days, subject to renewal in accordance with KMC 8.20.090.
C. Discretionary Conditions. In addition to the mandatory conditions specified above, the director may, within his reasonable discretion, require that any one or combination of the following conditions be met:
1. That the applicant, prior to issuance of the permit, provide and maintain in full force and effect while the permit is in force, public liability insurance in an amount specified by the director sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to the applicant’s use of the waters, naming the City of Kenmore as an additional insured;
2. That the vessel, watercraft or obstruction connect its plumbing system to the nearest available City sanitary sewers;
3. That the vessel, watercraft or obstruction permit the moorage of vessels or watercraft alongside and access thereto;
4. That the vessel, watercraft or obstruction be removed as soon as privately owned or controlled moorage space becomes available; or
5. Any other condition reasonably related to protecting the public safety, health or welfare. [Ord. 98-0035 § 1(C) (KCC 12.46.050).]
8.20.060 Temporary anchorage or moorage.
Any vessel or watercraft may anchor or moor without being subject to the permit requirements of KMC 8.20.050 and 8.20.070; provided, that the vessel or watercraft does not remain within a one-mile radius of the original anchorage or moorage for a period longer than 72 hours out of any 120-hour period. [Ord. 98-0035 § 1(C) (KCC 12.46.060).]
8.20.070 Exemptions.
The following vessels, watercraft and obstructions are exempt from the permit requirements of this chapter:
A. Where owned, leased or under the control of licensed and bonded marine contractors at the site of and necessary for the completion of a construction project which has received all necessary federal, State and local permits, approvals and licenses; and
B. Where anchorage or moorage is necessary because of an emergency situation created by an immediate threat to life, the craft and/or the property of others. [Ord. 98-0035 § 1(C) (KCC 12.46.070).]
8.20.080 Application procedures.
A. Any person may apply for an anchoring and mooring permit by submitting to the director a written application stating the owner’s and master’s name, address and telephone number; the type, description and size of the vessel, watercraft or obstruction; the reason for the application; the area of proposed anchorage or moorage, readily identifiable on a current chart or map; a description of the means by which the vessel, watercraft or obstruction will be anchored or moored; and the length of time, including inclusive dates, for which the permit is desired.
B. The director may process the application in conjunction with review of an application for a United States Army Corps of Engineers permit, if such a permit is required.
C. The application shall be referred to the department of planning and community development for comment and recommendation thereon.
D. In the event that the director determines that granting the permit might deprive or materially interfere with reasonable water access of privately or publicly owned properties, the director shall notify such property owners and/or public agencies in writing and give them a reasonable time to comment on the application.
E. The director is authorized to impose on the applicant reasonable fees designed to reimburse the City for processing of the application and administration of the permit system, including any notice or publication required under this chapter. Fees shall be set by a schedule promulgated by the director through appropriate rules and regulations. Where anchorage is exclusively for the public benefit, such as the Sea Scouts, Maritime Schooling Vessels, or scientific research, such fees may be reduced or waived for a period of time not to exceed six months. [Ord. 98-0035 § 1(C) (KCC 12.46.080).]
8.20.090 Permit renewals and extensions.
A. Any permit may be renewed for the same or a different duration under the terms, conditions and procedures specified in this chapter for original applications; provided, that for renewal applications which, when considered together with the original permit or previous renewals, would create a continuous usage in excess of 365 days, the director shall take the following additional steps in processing the application:
1. Cause to be published in a City newspaper of general circulation a notice of the application soliciting public comment;
2. Post such notice in prominent places in the immediate vicinity of the moorage or anchorage; and
3. Notify and solicit comment from the State Commissioner of Public Lands.
B. The director may extend a permit past its expiration date if mechanical or structural failures or acts of nature have occurred which would make moving unsafe and a threat to life, the craft and/or property of others. The sole inability of a vessel, watercraft or obstruction to propel itself shall not, however, constitute grounds for an extension. [Ord. 98-0035 § 1(C) (KCC 12.46.090).]
8.20.100 Suspension and revocation.
The director may upon written notice suspend or revoke permanently any permit previously granted under this chapter for any one or more of the following causes:
A. Failure of the holder to comply with any requirement of this chapter or rule or regulation adopted thereunder, or with any term or condition of the permit, or with any written notice from the director ordering corrective measures;
B. Failure of the holder to comply with any federal, State or local law, ordinance, rule or regulation pertaining to the subject craft or its use;
C. Discovery by the director that the permit was issued by mistake or on incorrect information or by the fraud of the applicant; or
D. Interference by the applicant, owner, master or any agent or employee thereof with the director or any other City official or employee in the performance of his legal duties. [Ord. 98-0035 § 1(C) (KCC 12.46.100).]
8.20.110 Assignment of permit.
The anchoring and mooring permit is personal to the grantee and shall not be assigned except with the written consent of the director. [Ord. 98-0035 § 1(C) (KCC 12.46.110).]
8.20.120 Lights and audible devices.
All vessels, watercraft and obstructions which are anchored or moored must comply with federal, State and local laws, ordinances, rules and regulations pertaining to the display of lights, sounding of audible devices and obstruction of navigation. [Ord. 98-0035 § 1(C) (KCC 12.46.120).]
8.20.130 Declaration of nuisance.
All violations of this chapter are determined to be detrimental to the public safety, health and welfare and are declared public nuisances subject to abatement. [Ord. 98-0035 § 1(C) (KCC 12.46.130).]
8.20.140 Right of entry.
Whenever necessary to make an inspection to enforce or determine compliance with the provisions of this chapter, or whenever the director or his duly authorized inspector has cause to believe that a violation of this chapter has been or is being committed, the inspector may board and enter any vessel, watercraft or obstruction at reasonable times to inspect the same, subject to the following conditions:
A. If such craft is occupied, the inspector shall present identification credentials, state the reason for the inspection, and demand entry;
B. If such craft is unoccupied, the inspector shall first make a reasonable effort to locate the owner, master or other persons having charge or control of the craft and demand entry. If the inspector is unable to locate the owner, master or such other persons, and he has reason to believe that conditions therein create an immediate and irreparable safety or health hazard, he shall make entry;
C. It is unlawful for any owner, master or any other person having charge, care or control of such craft to fail or neglect after proper demand has been given to permit prompt entry thereon where the inspector has reason to believe that conditions therein create an immediate and irreparable safety or health hazard;
D. Unless entry is consented to by the owner, master or person in control of the craft or conditions are believed to exist which create an immediate and irreparable safety or health hazard, the inspector, prior to entry, shall obtain a search warrant as authorized by the laws of the State of Washington. [Ord. 98-0035 § 1(C) (KCC 12.46.140).]
8.20.150 Impoundment.
A. Grounds. The director may take immediate possession of and impound any vessel, watercraft or obstruction under the following conditions:
1. The vessel, watercraft or obstruction is moored or anchored after expiration, suspension, revocation or violation of an anchoring and mooring permit or appears after reasonable investigation to be abandoned; or
2. The vessel, watercraft or obstruction is in violation of this chapter and remains at anchor or moored 72 hours after service on the owner or master, either personally or by registered or certified mail, of an order from the director to remove the same; or
3. The vessel, watercraft or obstruction appears after reasonable investigation to be unsafe or incapable of water transportation.
B. Removal. The director may remove any vessel, watercraft or obstruction using such methods as in his judgment will prevent unnecessary damage to such vessel, watercraft or obstruction and/or assign the removal and impounding of such vessel, watercraft or obstruction to a private corporation.
C. Expenses. In the event possession is taken of any vessel, watercraft or obstruction the expenses incurred by the City in the removal, towing, impounding and moorage of the same shall be paid by such craft or the owner, master or other person in charge thereof. When a vessel, watercraft or obstruction is moored or impounded at a City facility, the director shall assess a reasonable moorage charge therefor, which shall be paid by such craft or the owner, master or other person in charge thereof. The director may decline to release possession of any vessel, watercraft or obstruction until all charges are paid.
D. Sale at Auction. In the event a vessel, watercraft or obstruction shall remain impounded for 90 days and the charges of towing and impounding remain unpaid, the director may sell the same at public auction. The City may maintain an action against the owner, master or person in charge of the vessel, watercraft or obstruction for the recovery of the expenses of towing and impounding, or the remaining balance thereof, in the event of sale of the same.
E. Liability. The director shall not be held personally responsible for damages incurred as a result of impound of a vessel, watercraft or obstruction so long as reasonable practices are employed in such operation. [Ord. 98-0035 § 1(C) (KCC 12.46.150).]
8.20.160 Impoundment-in-place.
When taking possession of a vessel, watercraft or obstruction as authorized by KMC 8.20.150, the director may impound the vessel, watercraft or obstruction in place by posting the same with one or more signs or notices in conspicuous places stating “POLICE IMPOUND – KEEP OFF” and notifying the owner, master or person in charge of the impounding. The director may in his discretion appoint as custodian the owner or master, or the owner or operator of the facility or property where the vessel is moored or anchored. Upon the posting of such signs, it shall be unlawful for any person:
A. To move, load or unload, rebuild, or enter upon such vessel, watercraft or obstruction without written permission from the director, other than for necessary maintenance and repair to prevent deterioration of the same or sinking;
B. To remove, mutilate, destroy or conceal any notice or sign posted by the director or any other City official or employee under authority of law. [Ord. 98-0035 § 1(C) (KCC 12.46.160).]
8.20.170 Abatement.
A. In addition to or as an alternative to any other judicial or administrative remedy provided in this chapter or by law or other ordinance, the director may order a condition in violation of this chapter to be abated. The director may order any person who creates or maintains such violation to commence corrective work and to complete the work within such time as the director determines reasonable under the circumstances.
B. If the required corrective work is not commenced or completed within the time specified, the director may proceed to abate the violation and cause the necessary work to be accomplished. The City of Kenmore shall have a lien for the cost of the work accomplished pursuant to this chapter, which shall be the joint and separate personal obligations of the person or persons responsible for the violation. The director shall cause a claim for lien to be filed for records with the division of records and elections.
C. The lien created by this chapter shall be paramount to all other liens, except for federal, State and county taxes, with which it shall be on a parity. The prosecuting attorney on behalf of the City of Kenmore may collect the abatement work costs by use of all appropriate legal remedies, including foreclosure of the lien. [Ord. 98-0035 § 1(C) (KCC 12.46.170).]
8.20.180 Penalty.
Any person violating any provisions of this chapter shall be guilty of an infraction and shall be penalized as set forth in Chapter 1.15 KMC. [Ord. 98-0035 § 2.]