Chapter 14.36
CITY FLOATS, MOORAGES AND TOUR BOAT FACILITY
Sections:
14.36.010 Definitions.
14.36.020 Parks and community services department responsibilities.
14.36.030 City floats and moorage.
14.36.040 Moorage rates and duration.
14.36.050 Moorage prohibitions.
14.36.060 Additional rules and regulations.
14.36.070 Compliance required.
14.36.080 Authority to impound.
14.36.090 Redemption of impounded watercraft.
14.36.100 Sale of impounded watercraft.
14.36.110 Boat launch ramp.
14.36.120 Boat launch ramp—Hours of operation.
14.36.130 Boat launch ramp—Limitation on length of boats.
14.36.140 Boat launch ramp—Fee for use.
14.36.150 Boat launch ramp—Unlimited hydroplane races.
14.36.160 Boat launch ramp—Parking of boat trailers.
14.36.170 Commercial tour boat facility—Use requirements.
14.36.180 Commercial tour boat facility—Hours of use.
14.36.190 Repealed.
14.36.200 Commercial tour boat facility— Operating policies, rules and regulations.
14.36.210 Commercial tour boat facility— Moorage fee.
14.36.220 Commercial tour boat facility—Prior reservation and fee payment required.
14.36.230 Repealed.
14.36.240 Commercial tour boat facility—Bus connections.
14.36.250 Commercial tour boat facility—Violations of this chapter and penalties.
14.36.010 Definitions.
The following definitions shall apply when used in this chapter:
(1) “Commercial tour boat facility” means the extension to the Marina Park moorage pier, or any other city-owned pier, that is signed for commercial tour boat usage only.
(2) “Marina Park moorage pier” means the city pier located in Marina Park, not including the commercial tour boat facility.
(3) “Director” means the city’s director of parks and community services or his or her designee.
(4) “Second Avenue South pier” means the city-owned pier located in the Second Avenue South right-of-way in Lake Washington. (Ord. 4815 § 1, 2022; Ord. 4596 § 1, 2017: Ord. 4098 § 3 (part), 2007)
14.36.020 Parks and community services department responsibilities.
The director, or his or her designee, shall be responsible for the overall administration, maintenance and operation of all city floats, piers and moorages, including commercial tour boat facilities. (Ord. 4815 § 2, 2022; Ord. 4596 § 2, 2017: Ord. 4098 § 3 (part), 2007)
14.36.030 City floats and moorage.
(a) Unless posted to restrict or prohibit moorage, all city floats, piers, or moorages may be used by watercraft for moorage purposes as provided in this chapter. Moorage for the following purposes is prohibited:
(1) Handling freight;
(2) Mooring of boats or watercraft for sale or commercial display without having obtained prior written permission from the city;
(3) Receiving or discharging fee-paying or commercial passengers without having obtained prior written permission from the city;
(4) Any other commercial use except for authorized use of the commercial tour boat facility.
(b) No moorage or other tie-up by ropes, cables or other fastenings shall be made except by use of tie-up cleats provided for such purposes. (Ord. 4596 § 3, 2017: Ord. 4098 § 3 (part), 2007)
14.36.040 Moorage rates and duration.
(a) The moorage rates to be assessed against watercraft moored at the Marina Park moorage pier and the Second Avenue South pier shall be established on an annual basis by the director by department regulation; provided, that if the director does not establish a moorage rate in a particular year, the most recently established moorage rate shall continue to be in effect until new moorage rates are established.
(b) The director may charge different rates at different facilities. Moorage rates shall be posted at the moorage facilities. Moorage payment is due at the time the watercraft is tied up to the pier and must remain paid and visibly posted on the vessel for the duration of time moored on the dock.
(c) Moorage or lying time at the Marina Park moorage facility and Second Avenue South pier shall not exceed five days in any consecutive seven-day period without the prior written permission of the director. (Ord. 4815 § 3, 2022; Ord. 4098 § 3 (part), 2007)
14.36.050 Moorage prohibitions.
(a) No person shall moor a watercraft at a city moorage facility without registering and paying the established fee that is due at the time the watercraft is tied up to the pier. The moorage rate for additional days is due at noon on each day. No person shall continue to moor a watercraft at a city moorage facility without paying the established moorage fee as it becomes due.
(b) No person shall moor a watercraft in an area that has been posted to prohibit moorage. No person shall, without city authorization, moor a watercraft in an area that has been posted as a restricted area.
(c) The tying together or rafting of watercraft moored at a city moorage facility is prohibited. (Ord. 4596 § 4, 2017: Ord. 4098 § 3 (part), 2007)
14.36.060 Additional rules and regulations.
Pursuant to Chapter 3.68, the director is empowered to develop and implement rules and regulations regarding the operation and maintenance of the Marina Park moorage pier, the Second Avenue South pier, the commercial tour boat facility, and any other city moorage facilities, in accordance with applicable laws and regulations. The rules and regulations may include registration of watercraft, payment of moorage and related fees, ingress and egress of watercraft and persons from the moorage facilities and any other aspect of the operation and maintenance of the moorage facilities. The rules and regulations shall be posted at the moorage facilities in order to inform users of the moorage facilities and the public. (Ord. 4815 § 4, 2022; Ord. 4098 § 3 (part), 2007)
14.36.070 Compliance required.
(a) All persons using city moorage facilities shall abide by all applicable ordinances of the city and any rules and regulations adopted by the director.
(b) The following violations of this chapter shall be civil infractions:
(1) Moorage without registering or without paying the established fee; continuing to moor without paying the established fee as it becomes due. The civil penalty shall be one hundred fifty dollars except as otherwise provided for herein. Each calendar day on which a failure to pay the moorage fees occurs shall constitute a separate civil infraction.
(2) Moorage in a restricted or prohibited area. The civil penalty shall be one hundred fifty dollars except as otherwise provided for herein. Each calendar day on which a watercraft is moored in a restricted or prohibited area shall constitute a separate civil infraction.
(3) Tying together or rafting of watercraft at a city moorage facility. The civil penalty shall be one hundred fifty dollars except as otherwise provided for herein. Each of the watercraft involved shall be subject to issuance of a separate civil infraction.
(c) Unless otherwise specified, any other violation of this chapter is a civil infraction, punishable by a fine of one hundred fifty dollars per violation; provided, however, that the following escalating penalties shall apply to violations of this section:
(1) A penalty of two hundred dollars for a second violation within the same calendar year as an initial violation; and
(2) A penalty of two hundred fifty dollars for a third or subsequent violation within the same calendar year as an initial violation.
(d) The director shall designate an employee or contractor who shall be responsible for issuing civil infractions pursuant to this chapter. The employee or contractor designated by the director shall receive any necessary authorization and training from the Kirkland police department with respect to issuance of civil infractions. Alternatively, the director may make arrangements with the Kirkland police department for police personnel to issue civil infractions under this chapter. (Ord. 4815 § 5, 2022; Ord. 4762 § 1, 2021; Ord. 4356 § 3, 2012: Ord. 4183 § 1, 2009: Ord. 4098 § 3 (part), 2007)
14.36.080 Authority to impound.
Whenever a watercraft remains moored at a city facility for more than two days without paying the applicable moorage fee, or is in violation of any other provision of this chapter or the rules and regulations promulgated by the director, the director may impound the watercraft and any property associated with the watercraft. Watercraft moored in prohibited areas and unauthorized watercraft moored in restricted areas are subject to immediate impoundment. In addition, the director may impound any watercraft moored at a city facility if the watercraft poses a risk to public health or safety. The director, in his or her discretion, shall decide whether the watercraft shall be impounded in place through use of a locking device or removed to an appropriate holding area. (Ord. 4815 § 6, 2022; Ord. 4098 § 3 (part), 2007)
14.36.090 Redemption of impounded watercraft.
An owner of an impounded watercraft may obtain release of the watercraft by paying the city all moorage fees, fines and expenses incurred by the city in the course of impounding (including storage) within sixty days of impoundment. (Ord. 4098 § 3 (part), 2007)
14.36.100 Sale of impounded watercraft.
The city shall sell at public auction after written notice to the owner, if known, any impounded property including impounded watercraft not redeemed within sixty days after the date of impounding. Notice of such sale shall be published in a newspaper of local circulation describing the items to be sold, the time, place and date of said auction and other specifics as may be required by law. Moneys received from the sale shall first be applied toward payment of city moorage fees, fines and expenses incurred by the city in the course of impounding (including storage). Any remainder shall be forwarded to the owner, if known. If the owner is not known, the remainder shall be retained by the city for a period of six months for release to the owner upon sufficient proof of ownership. After the six-month period has elapsed without release to owner, the remainder shall be deposited into the general fund of the city. (Ord. 4098 § 3 (part), 2007)
14.36.110 Boat launch ramp.
Use of the public boat launch ramp installed within the Market Street street end shall be subject to the provisions of Sections 14.36.110 through 14.36.160 of this chapter. (Ord. 4098 § 3 (part), 2007)
14.36.120 Boat launch ramp—Hours of operation.
The launch ramp shall be open for use between five a.m. and ten p.m. each day between April 1st and October 31st, inclusive. (Ord. 4098 § 3 (part), 2007)
14.36.130 Boat launch ramp—Limitation on length of boats.
Between April 1st and October 31st, use of the launch ramp shall be limited to boats twenty-four feet or less in length. (Ord. 4098 § 3 (part), 2007)
14.36.140 Boat launch ramp—Fee for use.
Between April 1st and October 31st, inclusive, of each year, the launch ramp may be used only by persons who have paid to the city an annual or single use fee with distinct pricing for residents, nonresidents and commercial use. The fee amounts shall be established by the director by department regulation.
Upon payment of the annual fee, the city shall issue an access card enabling the holder thereof to open the access device installed within the launch ramp. The director is directed to establish, by department regulation, a one-time-use fee. At all other times during the year, the launch ramp shall be available for use at no charge. (Ord. 4815 § 7, 2022; Ord. 4098 § 3 (part), 2007)
14.36.150 Boat launch ramp—Unlimited hydroplane races.
On any day when unlimited hydroplane races are being held on Lake Washington, the launch ramp may be used after three p.m. only for the removal of boats from the water and loading onto boat trailers. (Ord. 4098 § 3 (part), 2007)
14.36.160 Boat launch ramp—Parking of boat trailers.
Persons using the launch ramp shall park their empty boat trailers only in parking places designated and signed for boat trailer parking. It is unlawful for any person to park a boat trailer in any other parking space. Boat trailers shall not be parked on the “Waverly Site” except in spaces designated and signed for boat trailer parking. (Ord. 4098 § 3 (part), 2007)
14.36.170 Commercial tour boat facility—Use requirements.
(a) The commercial tour boat facility shall only be used by boats which are transporting passengers for commercial, charitable or educational purposes. The facility shall not be used by boats which are being operated solely for personal pleasure purposes. Every boat using the facility shall, at a minimum:
(1) Be covered by one million dollars per occurrence, two million dollars aggregate marine and/or general liability insurance currently in force;
(2) Comply with applicable state and/or federal laws, such as regarding registration, licensing of crew and safety regulations;
(3) Have on file with the city a valid Kirkland department of parks and community services commercial pier user agreement;
(4) Comply with requirements for fee payment and prior reservation.
(b) In the event that these requirements are not timely fulfilled or information supplied to the city is not complete, the parks director may suspend a boat and/or its owner, captain or operator from any use of the commercial pier for a period of up to one year. During the suspension, neither the suspended boat nor any other boat carrying suspended persons shall tie up, moor or otherwise use the commercial pier. (Ord. 4098 § 3 (part), 2007)
14.36.180 Commercial tour boat facility—Hours of use.
(a) The normal hours of the commercial tour boat facility operation are from seven a.m. to midnight. The regular moorage fee shall be paid by a boat which uses the facility for any portion of a day between seven a.m. and midnight.
(b) A boat which complies with all other provisions of this chapter may be at the facility overnight, that is, between the hours of midnight and seven a.m., but only on one night in any fourteen-day period. Such a boat shall pay the overnight moorage fee for docking during any portion of the night hours. In addition, the parks director, when specially requested, may authorize more frequent overnight moorage. (Ord. 4098 § 3 (part), 2007)
14.36.190 Commercial tour boat facility—Information kiosk.
Repealed by Ord. 4815. (Ord. 4098 § 3 (part), 2007)
14.36.200 Commercial tour boat facility— Operating policies, rules and regulations.
Operating policies, rules, and regulations for the commercial tour boat facility may be revised by the department periodically. The department should consider the following factors:
(1) The efficient operation of the facility;
(2) Ensuring that the facility is not over-regulated or regulated so restrictively that it inhibits or discourages tour boat operators from using the facility;
(3) Ensuring that the facility is not under-regulated or so loosely regulated that problems arise with respect to moorage, availability of dock space, complaints from area residents and businesses regarding noise, parking problems, and other matters of public health and safety;
(4) Ensuring that operators minimize engine idle time to the extent reasonable;
(5) Ensuring that operators avoid use of generators while the vessel is at dock;
(6) Ensuring that operators of vessels do not discharge treated or untreated sewage into Lake Washington;
(7) Ensuring that operators moor vessels so that the generator exhaust port faces away from the shoreline or sensitive receiving properties whenever possible;
(8) The need to prohibit loud music or other disturbances caused by boats using the dock. (Ord. 4098 § 3 (part), 2007)
14.36.210 Commercial tour boat facility— Moorage fee.
(a) Boats using the commercial tour boat facility for any portion of a day between seven a.m. and midnight shall prepay to the city a moorage fee, calculated at the rate established by the director.
(b) An overnight moorage fee shall be, in addition to the day use fee, established by the director.
(c) The director shall have the authority to reduce the moorage fees for charitable or nonprofit activities, for activities cosponsored by the city or for usage on a frequent basis.
(d) Any change in rates shall not become effective until a notice setting forth such change has been posted in a prominent place at the commercial pier for a period of not less than ten days. (Ord. 4815 § 9, 2022; Ord. 4098 § 3 (part), 2007)
14.36.220 Commercial tour boat facility—Prior reservation and fee payment required.
Any person desiring to use the commercial tour boat facility shall make a reservation and, in addition to the moorage fee, pay a reservation charge in an amount to be established by the director. Fee payments and reservations must be received by the department of parks and community services at least twenty-four hours prior to the scheduled time of arrival and tie-up at the facility or by five p.m. on the Friday preceding an arrival between seven a.m. Saturday and five p.m. Monday. (Ord. 4815 § 10, 2022; Ord. 4098 § 3 (part), 2007)
14.36.230 Commercial tour boat facility—Transportation of passengers.
Repealed by Ord. 4596. (Ord. 4098 § 3 (part), 2007)
14.36.240 Commercial tour boat facility—Bus connections.
When bus connections are necessary as a part of tour packages, the METRO transit center, located on 3rd Street, between Central Way and Kirkland Avenue, shall be used as the main staging area for passenger loading and unloading. The tour operator shall be responsible for making the necessary staging arrangements with METRO. (Ord. 4098 § 3 (part), 2007)
14.36.250 Commercial tour boat facility—Violations of this chapter and penalties.
(a) It shall be unlawful for any person to violate or fail to comply with any provision of Sections 14.36.170 through 14.36.240 of this chapter.
(b) Any boat or vessel moored at or tied to the commercial tour boat facility that does not meet the requirements of Section 14.36.170 constitutes a civil infraction and is subject to the civil infraction and impoundment procedures set forth in Sections 14.36.040 through 14.36.100 of this chapter.
(c) Any boat or vessel moored at or tied to the commercial tour boat facility that has not paid the applicable moorage or reservation fees pursuant to Sections 14.36.210 and 14.36.220 of this chapter constitutes a civil infraction and is subject to the civil infraction and impoundment procedures set forth in Sections 14.36.040 through 14.36.100 of this chapter. (Ord. 4098 § 3 (part), 2007)