Chapter 6.36 MOORAGE REGULATIONS

(1) “Charges” means charges of the city for moorage and storage and all other charges owing or to become owing under a contract between a vessel owner and the city, or under an officially adopted tariff including, but not limited to, costs of sale and related legal expenses.

(2) “Holding over” is defined as use or occupation of a moorage or storage area at the marina past the expiration date of a lawful moorage under contract or by guest moorage.

(3) “Marina” is the moorage facility of the city of Oak Harbor which may be used for the moorage or storage of vessels.

(4) “Owner” means every natural person, firm, partnership, corporation, association, or organization or agent thereof, with actual or apparent authority, who expressly or impliedly contracts for the use of moorage or storage at the marina.

(5) “Transient vessel” means a vessel using a moorage facility which belongs to an owner who does not have a moorage agreement with the moorage facility operator. Transient vessels include, but are not limited to, vessels seeking a harbor of refuge, day use, or overnight use of a moorage facility on a space-as-available basis.

(6) “Vessel” means every species of watercraft or other artificial conveyance capable of being used as a means of transportation on water which does not exceed 200 feet in length. “Vessel” includes any trailer used for the transportation of watercraft. (Ord. 754 § 1, 1986).

6.36.020 Contract and rates.

(1) All tariff rates for port charges and other charges for services provided by the marina shall be adopted by resolution of the city council except as otherwise provided in this code. The rates and charges adopted by resolution shall hereinafter be referred to as the “rate schedule.” Notice of rates adopted shall be by posting them at City Hall, on the city’s website, and at the Oak Harbor Marina. Copies of the current rate schedule shall be made available to the public upon request at a nominal charge.

(2) All moorages at the marina shall be by written contract except for guest moorages or emergency tie-ups. Contract moorage and storage rates shall accord with the current rate schedule and shall be subject to change by resolution by the city council. All moorages and storage at the marina shall be subject to lawful regulation issued by the harbormaster of the marina which may be modified from time to time.

(3) All port charges and other charges owed shall be paid by the tenth of the month in which it is billed. (Ord. 1566 § 1, 2009; Ord. 963 § 1, 1993; Ord. 943 § 1, 1992; Ord. 890 § 1, 1991; Ord. 860 § 1, 1990; Ord. 854 § 1, 1990; Ord. 826 § 1, 1989; Ord. 796 § 1, 1987; Ord. 785 § 1, 1987; Ord. 771 § 1, 1987; Ord. 754 § 1, 1986).

6.36.021 Moorage rates.

The rates for regular moorage at the Oak Harbor Marina shall be as shown in the rate schedule set by resolution of the city council. (Ord. 1566 § 1, 2009; Ord. 1476 § 1, 2006; Ord. 1406 § 1, 2004; Ord. 1362 § 1, 2003; Ord. 1332 § 1, 2002; Ord. 1294 § 1, 2002; Ord. 1241 § 1, 2000; Ord. 1212 § 1, 2000; Ord. 1185 § 1, 1999; Ord. 1155 § 1, 1998; Ord. 1112 § 1, 1997; Ord. 1072 § 1, 1996; Ord. 1029 § 1, 1995; Ord. 992 § 1, 1994; Ord. 968 § 1, 1993; Ord. 963 § 2, 1993; Ord. 943 § 2, 1992; Ord. 827 § 1, 1989).

6.36.022 Guest moorage rates.

Guest moorage rates apply to stays of one through seven nights. The rates for guest moorage at the Oak Harbor Marina shall be as shown in the rate schedule set by resolution of the city council. (Ord. 1566 § 2, 2009; Ord. 1362 § 2, 2003; Ord. 1294 § 2, 2002; Ord. 1234 § 1, 2000; Ord. 1029 § 2, 1995; Ord. 963 § 3, 1993; Ord. 710 § 1, 1985).

6.36.023 Extended guest moorage.

Extended guest moorage, prorated at the applicable monthly rate, may be assigned by the harbormaster, subject to space availability, for stays longer than one week. Stays in excess of one month will require a written contract, including deposit. The following rates shall apply:

(1) Seasonal Rate. Between June 1st and September 1st of each year, the extended guest moorage rate will be per the master fee schedule adopted by resolution of the city council.

(2) Winter Moorage. Guest moorage slips may be assigned for winter moorage at the harbormaster’s discretion, under a contract which begins no earlier than the day following Labor Day and ends not later than May 15th of the following year. Rates are the same as those given above for uncovered permanent moorage, and for electrical service. (Ord. 1696 § 49, 2014; Ord. 963 § 4, 1993).

6.36.024 Special case moorage rates.

Special consideration regarding moorage rates will be given as follows, at the discretion of the harbormaster:

(1) Commercial Fishing Vessels. Commercial fishing vessels which normally depart in the spring and return in the fall and do not occupy permanent moorage in the marina, may upon the customer’s request and the discretion of the harbormaster, be kept on an open account. These special case tenants will be charged the monthly rate for the size of the vessel, on a pro rata basis, only for the time they actually occupy moorage. Electricity will be charged per the meter, if the slip is metered, and otherwise at the published flat rate.

(2) Sailing Race Moorage. Boats which come from outside moorage to participate in the regularly scheduled summer sailing races will be allowed to occupy moorage as available, for very limited periods (normally two to three days for each race), and will be charged the normal monthly rate, prorated for the number of days they occupied marina moorage.

(3) Coast Guard and Customs. U.S. Coast Guard, U.S. Customs Service and similar vessels which occupy marina moorage will not normally be charged moorage fees for visits of short duration.

(4) Emergency. In the case of vessels which occupy marina moorage solely because of mechanical failure, illness, emergency conditions or similar misfortune which makes it impossible or dangerous to proceed on to the planned destination, the harbormaster may waive fees for short periods of time.

(5) Race Week. Race Week moorage rates will be established for each year’s event by the harbormaster and the marina committee. A flat rate will be charged, regardless of boat size, for the period beginning the Sunday prior to the first race day, and ending on Saturday following the final race day. Race boats or tenders arriving earlier or remaining beyond this period will be charged normal guest moorage rates for those days in excess.

(6) Spectator Event Rates. Spectator event moorage rates charged to view events from the marina docks shall be outlined in the master fee schedule adopted by resolution of the city council. There will be two categories for rates: “marina tenants” and “guests.” Guests will pay the full “spectator event rate” while marina tenants will pay a reduced “spectator event rate.” Vessels arriving earlier or remaining beyond the event will be charged normal guest moorage rates for those days in excess. (Ord. 1726 § 1, 2015; Ord. 963 § 5, 1993; Ord. 710 § 2, 1985).

6.36.025 Liveaboards.

The fee for living aboard a vessel in the marina applies to persons residing on their boats for periods in excess of three days in any seven-day period, and shall be per the master fee schedule adopted by resolution of the city council, inclusive of leasehold excise tax. This fee is in addition to all other applicable moorage charges, taxes and electricity charges. (Ord. 1696 § 50, 2014; Ord. 1332 § 2, 2002; Ord. 1234 § 2, 2000; Ord. 1155 § 2, 1998; Ord. 1112 § 2, 1997; Ord. 1072 § 2, 1996; Ord. 1029 § 3, 1995; Ord. 992 § 2, 1994; Ord. 968 § 2, 1993; Ord. 963 § 6, 1993).

6.36.026 Electricity.

(1) The rate for electrical service at the Oak Harbor Marina shall be as shown in the rate schedule set by resolution of the city council.

(2) If a tenant utilizes more than one electrical connection, he shall be charged for all power terminals used in accordance with the above rates.

(3) Special rates for commercial operations, or for vessels with unusual power requirements, may be set by the harbormaster, so long as the same are sufficient to cover the full cost of such electrical service, and that notice of the special rate is filed with the finance director. (Ord. 1566 § 3, 2009; Ord. 1072 § 3, 1996; Ord. 992 § 3, 1994; Ord. 968 § 3, 1993; Ord. 963 § 7, 1993; Ord. 870 § 1, 1990; Ord. 710 § 3, 1985).

6.36.027 Storage sheds.

Occupancy of a storage shed will in all cases require a written contract, to include the prescribed moorage deposit. The rates for dry storage shed leases at the Oak Harbor Marina shall be as shown in the rate schedule set by resolution of the city council. Additionally, the harbormaster may approve temporary storage at the rate set out in the applicable resolution. (Ord. 1566 § 4, 2009; Ord. 1476 § 2, 2006; Ord. 1362 § 3, 2003; Ord. 1029 § 4, 1995; Ord. 992 § 4, 1994; Ord. 968 § 4, 1993; Ord. 963 § 8, 1993).

6.36.028 Launch ramp use and parking fees.

Launch ramp use and parking fee rates (recreational and commercial) at the Oak Harbor Marina shall be as shown in the master fee schedule adopted by resolution of the city council. (Ord. 1869 § 1, 2019).

6.36.029 Environmental compliance fee.

To help to offset the costs associated with environmental compliance, an environmental compliance fee will be assessed each month on each account (wet moorage, dry moorage, storage sheds). Rates shall be as shown in the rate schedule set by resolution of the city council. (Ord. 1566 § 6, 2009; Ord. 963 § 10, 1993).

6.36.032 Gate cards.

Electronic gate cards, which operate the marina gate and head doors, are reissued in February of each year, and the reader locks are changed on March 1st. Each marina wet moorage tenant will be provided with one gate card in conjunction with the February 1st billing. That statement will reflect a charge for this card in the master fee schedule adopted by resolution of the city council. Additional cards may be purchased for the fee listed in the master fee schedule adopted by resolution of the city council. Dry storage shed and boat storage yard tenants will not be issued gate cards, but may purchase them per the fee listed in the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 51, 2014; Ord. 963 § 13, 1993).

6.36.033 Change of moorage.

To change moorage locations at the request of the tenant the fee shall be per the master fee schedule adopted by resolution of the city council. (Ord. 1696 § 52, 2014; Ord. 963 § 14, 1993).

6.36.034 Waiting list deposit.

A nonrefundable annual fee per the master fee schedule adopted by resolution of the city council shall be charged for reserving and maintaining a place on the waiting list for moorage at the Oak Harbor Marina. This fee will be billed annually, on the anniversary month of sign-up. Payment of this deposit shall not be construed as a guarantee that moorage or storage space will be available in the future. Upon assignment to moorage, the cumulative amount of the waiting list deposit will be applied to the moorage account. (This fee does not apply to storage sheds, nor to dry land storage. It also does not apply to marina tenants who wish to upgrade to a larger slip, or to otherwise relocate from one slip to another.) (Ord. 1696 § 53, 2014; Ord. 963 § 15, 1993).

6.36.035 Contract deposit.

Occupancy of a slip, storage shed or boat storage yard space for a period of one month or greater will require execution of a written contract at the time of occupancy. At the time of execution, payment of the first month’s moorage will be required. Additionally, a deposit equal to one full month’s moorage will be required. This deposit shall be applied to any moorage charges owing, at the time of termination of the moorage. The remainder shall be refunded. Thirty days’ notice is required prior to vacating a slip. A deposit of an additional one month’s moorage paid in advance may be required if during the time a vessel is moored in the marina, the account has become delinquent and the original deposit has been applied to the delinquency or the original deposit for any reason can no longer be used for security. (Ord. 963 § 16, 1993).

6.36.036 Marina late fees and charges.

(1) The following late charges shall be collected under the circumstances provided:

(a) Late charge at the rate of three percent per month shall be charged on all accounts in excess of 30 days delinquent.

(b) A service charge per the master fee schedule adopted by resolution of the city council shall be imposed when notice of delinquency is mailed by certified mail.

(c) A service charge per the master fee schedule adopted by resolution of the city council shall be imposed when the vessel is chained or otherwise secured.

(d) A service charge per the master fee schedule adopted by resolution of the city council shall be imposed when council action is requested to sell a vessel.

(e) A service charge per the master fee schedule adopted by resolution of the city council shall be imposed when it is necessary to inventory a vessel or storage space.

(2) In addition, the person contracting for moorage or storage, or the vessel’s owner, as the case may be, shall pay all costs incurred by the city in collection including, but not limited to, costs of title and lien search, postage, publication of notice, fees and wages for auctioneer and reimbursement to the city for employee’s time spent on collection at an hourly rate per the master fee schedule adopted by resolution of the city council for tasks required in securing, safekeeping and selling the property and for which no fixed charge is set out in subsections (1)(a) through (1)(d) of this section. (Ord. 1796 § 2, 2017; Ord. 1696 § 54, 2014; Ord. 963 § 17, 1993).

6.36.037 Parking lot storage.

(1) Vehicles, trailers, boats on trailers and recreational vehicles may be stored or placed for sale in specifically designated spaces in the marina parking lot; provided, that a contract for that service has been properly executed and that the provisions of OHMC 6.40.139 have been met.

(2) The rates for this storage at the Oak Harbor Marina shall be as shown in the rate schedule set by resolution of the city council. (Ord. 1566 § 8, 2009; Ord. 1476 § 2, 2006; Ord. 1406 § 3, 2004; Ord. 1332 § 4, 2002; Ord. 1234 § 4, 2000; Ord. 1155 § 3, 1998; Ord. 1075 § 1, 1996).

6.36.039 Definitions for OHMC 6.36.040.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and OHMC 6.36.040:

(1) “Marina” means any properties or facilities owned or operated by the city of Oak Harbor which are capable of use for the moorage or storage of vessels.

(2) “Moorage facility operator” means the city of Oak Harbor.

(3) “Owner” means every natural person, firm, partnership, corporation, association or organization, or agent thereof, with actual or apparent authority, who expressly or impliedly contracts for use of a moorage facility.

(4) “Port charges” or “marina charges” means charges of the city of Oak Harbor for moorage and storage, and all other charges owing or to become owing under a contract between a vessel owner and the city, or under an officially adopted tariff including, but not limited to, costs of sale and related legal expenses.

(5) “Transient vessel” means a vessel using a moorage facility and which belongs to an owner who does not have a moorage agreement with the city. Transient vessels include, but are not limited to: vessels seeking a harbor of refuge, day use or overnight use of the marina on a space-as-available basis.

(6) “Vessel” means every species of watercraft or other artificial contrivance capable of being used as a means of transportation on water and which does not exceed 200 feet in length. “Vessel” includes any trailer used for the transportation of watercraft. (Ord. 814 § 1, 1988).

6.36.040 Measures for securing boats and protecting the marina authorized by statute.

(1) The harbormaster, or his or her designee, may take reasonable measures, including the use of chains, ropes and locks or removal from the water, to secure vessels within the marina so that the vessels are in the possession and control of the city, and cannot be removed from the marina. These procedures may be used if an owner mooring or storing a vessel at the marina fails, after being notified that charges are owing and of the owner’s right to commence legal proceedings to contest that such marina charges are owing, to pay the marina charges owed or to commence legal proceedings. Notification shall be by registered mail to the owner at owner’s last known address. In the case of a transient vessel, or where no address has been furnished by the owner, the city need not give such notice prior to securing the vessel. At the time of securing the vessel, the harbormaster, or his or her authorized designee, shall attach to the vessel a readily visible notice. The notice shall be of reasonable size and shall contain the following information:

(a) The date and time notice was attached;

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

After a vessel is secured, the city shall make reasonable efforts to notify the owner by registered mail in order to give the owner the information contained in the notice.

(2) The harbormaster, or the designee of the harbormaster, may move a moored vessel ashore for storage within properties under the city’s control or for storage with private persons under their control as bailees of the city, if the vessel is, in the opinion of the harbormaster, or the designee of the harbormaster, a nuisance, if the vessel is in danger of sinking or creating other damage or is owing marina charges. Costs of any such procedure shall be paid by the vessel’s owner.

(3) If a vessel is secured under subsection (1) of this section, or moved ashore under subsection (2) of this section, the owner who is obligated to the marina for marina charges may regain possession of the vessel by:

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

(b) Making payment to the city of all marina charges, or by posting with the city a sufficient cash bond or other acceptable security, to be held in trust by the city 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 any appeals, in a court of competent jurisdiction, or after the parties reach agreement with respect to payment, the trust shall terminate and the city shall reserve so much of the bond or other security as agreed or as is necessary to satisfy any judgment, costs and interests as may be awarded to the city. The balance, if any, shall be refunded immediately to the owner at his last known address.

(4) Vessel Moored or Stored at the Marina. If a vessel has been secured by the harbormaster under subsection (1) of this section, and is not released to the owner under the bonding provisions of this section within 90 days after notifying, or attempting to notify, the owner under subsection (1) of this section, the vessel shall be conclusively presumed to have been abandoned by the owner.

(5) If a vessel moored or stored at the moorage facility is abandoned, the city operator may, by resolution of the city council, authorize the public sale of the vessel by authorized personnel 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 subsection (1) of this section, if the name and address of the owner are 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 marina charges owed with respect to the vessel. The notice of the sale shall be published at least once, more than 10 but not more than 20 days before the sale, in the designated legal newspaper for Oak Harbor. Such notice shall include the name of the vessel, if any, the last known owner and his address, and a reasonable description of the vessel to be sold. The city may bid all or part of its marina charges at the sale and may become a purchaser at the time of sale.

(b) Before the vessel is sold, any person seeking to redeem an impounded vessel under this section may commence a lawsuit in the superior court for the county in which the vessel was impounded to contest the validity of the impoundment or the amount of the marina charges owing. Such lawsuit must be commenced within 10 days of the date the notification was provided pursuant to subsection (1) of this section, or the right to a hearing shall be deemed waived and the owner shall be liable for any marina charges owing the city operator. In the event of litigation, the prevailing party shall be entitled to reasonable attorney’s fees and costs.

(c) The proceeds of a sale under this section shall first be applied to payment of marina 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 city finance director within one year from the date of the sale, the excess funds from the sale shall revert to the Department of Revenue, pursuant to Chapter 63.28 RCW. If the sale is for a sum less than the applicable marina charges, the city 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 shall revert to the moorage facility owner.

(6) All tariffs, including these regulations under the ordinance codified in this chapter, shall be conspicuously posted at all marina facility offices at all times and conspicuously posted at the gate of the marina. Each owner of a vessel moored in the Oak Harbor Marina shall be given a copy of these tariffs, including these regulations. (Ord. 814 § 2, 1988; Ord. 754 § 4, 1986).

6.36.050 City rights not limited.

Nothing contained in this chapter shall be construed as a limitation on the power of the city to exercise other powers or rights granted by law or contract. (Ord. 754 § 5, 1986).

6.36.060 Vessel numbering.

All vessels moored at the marina must be properly numbered or designated in accordance with the applicable laws under which the vessel is registered. All vessels shall be numbered or designated in accordance with the applicable United States laws or regulations, or both, now in effect or as they may be amended. (Ord. 754 § 6, 1986).

6.36.070 Commercial use of facilities.

No commercial use of marina facilities, space, waters, real estate and buildings, except moorage of commercial vessels, will be allowed unless a city lease or license has been granted by the city council. (Ord. 754 § 7, 1986).

6.36.071 License.

Subject to approval of the harbormaster and after payment of a license fee at the city finance office, a person, partnership, firm or corporation may obtain a license to repair or clean boats in the water or at the dry storage area so long as the following conditions for licensing are met:

(1) No boat may be worked on in its slip except for emergency or small carpentry-type repairs or hull cleaning. Individuals may refinish bright work and minor painting projects on their own boats so long as it does not present problems to neighboring moorages or contaminants do not pollute surrounding waters.

(2) Licensees shall not dispose of trash, solid waste or other items generated during repair or during work in the marina solid waste collection system.

If required by the harbormaster, the licensee shall provide his own dumpster service. Licensees shall not use marina equipment such as carts.

(3) No hazardous activities are to be carried on at the site such as those involving open flame, use of large amounts of toxic or hazardous waste, the pumping of bilge waters when the same is mixed with oil, gas or fecal materials or painting with a sprayer in an open and exposed area. Welding may be carried on in open and exposed areas when approved by the harbormaster and under conditions specified by the fire chief.

(4) Except for emergency work, work shall only be done from 6:00 a.m. until 9:00 p.m.

(5) The licensee has insurance naming the city as an additional insured for liability and property damage in an amount of $1,000,000. This requirement may be waived in whole or in part for activities approved as inherently safe by the harbormaster.

(6) The licensee signs an agreement to hold the city harmless for the collection of any judgment caused in part or in whole by the licensee’s negligence.

(7) The licensee shall abide by other conditions set by the harbormaster.

(8) No structure or boat house shall be built without council approval.

(9) No license may be transferred, assigned or sublet without approval. (Ord. 857 § 2, 1990).

6.36.072 Fees.

(1) The fees shall be charged to licensees as follows:

(a) A license fee of five percent of the gross receipt to be earned by the person conducting the commercial activity is to be paid. This fee shall be paid prior to the time work begins on the boat in question.

(b) A temporary moorage fee per the master fee schedule adopted by resolution of the city council per day per foot of the boat is to be paid in advance. The moorage for the whole service dock per month shall be per the master fee schedule adopted by resolution of the city council.

(c) There shall be a charge per month in the master fee schedule adopted by resolution of the city council for electrical utility service for boats not on a regular moorage contract at the marina. For major permanent commercial activities, the licensee shall provide his own electrical service at his or her own cost.

(d) The per move fee for assistance of city staff in moving a boat shall be in the master fee schedule adopted by resolution of the city council and shall be in addition to any other charges specified in this chapter.

(2) If fees and charges are not paid the license shall be terminated. (Ord. 1696 § 55, 2014; Ord. 857 § 2, 1990).

6.36.073 Application.

(1) After disclosing to the harbormaster the nature of the business activity to be carried on, application for the license shall be applied for on a form provided by the finance department of the city of Oak Harbor and shall be accompanied by the license fees. The form shall be as specified by the city finance director to obtain information needed to administer this chapter.

(2) The harbormaster’s approval and conditions set shall be in writing.

(3) No work shall commence until approval, application and payment are completed. (Ord. 857 § 2, 1990).

6.36.074 Approval and revocation.

The harbormaster may do any or all of the following actions:

(1) Approve such applications for license which he deems to further the best interests of the marina and the city of Oak Harbor. The license shall be for a time certain and only for identified and approved activities. The harbormaster may set such conditions or limitations as deemed appropriate;

(2) Modify the license per requirements of subsection (1);

(3) Terminate any commercial activity, even if licensed, if the harbormaster deems it not in the best interests of the city of Oak Harbor or the marina. (Ord. 857 § 2, 1990).

6.36.075 Mandated duties.

The harbormaster shall:

(1) Keep records of all activities carried on at the marina and make a yearly report of such activities to the city council;

(2) Assure that the licensed activities are carried on in a safe manner;

(3) Discontinue the activity if a violation of the Oak Harbor Municipal Code or applicable state and federal law is discovered;

(4) Not return any fee if a termination occurs under this section;

(5) Unless specifically approved by the council, set a duration and scope for the license not to exceed one year. (Ord. 857 § 2, 1990).

6.36.076 Revocation by finance director.

The finance director may revoke a license if license fees or other charges under this chapter are not paid. (Ord. 857 § 2, 1990).

6.36.077 Termination.

Upon termination or discontinuance of a license, the licensee and his or her employees shall immediately terminate commercial activities at the marina. Failure to cease commercial activities and remove all equipment used in the licensed activity is a trespass even if the marina is otherwise open to the public. (Ord. 857 § 2, 1990).

6.36.078 Penalty.

Violation of any OHMC 6.36.070 through 6.36.077 shall be punishable by a fine of $500.00 or a jail sentence of 90 days in jail or both such fine and jail time. Each day of continuing violation shall be a separate offense. (Ord. 857 § 2, 1990).

6.36.080 Living aboard.

Permanently living aboard a vessel or watercraft in the marina is prohibited except when written permission is received from the harbormaster. In determining whether or not a vessel may be used as permanent quarters, the harbormaster shall consider the size of the vessel, the adequacy of the quarters and sanitation facilities. The harbormaster may issue rules and regulations to implement any permit or permits he may issue and he may revoke any permit immediately if, in his opinion, there is any dumping of debris or sewage. If there is a breach of the rules and regulations as may be prescribed by the harbormaster under this section, then he shall give the permittee five days’ notice to cure any breach and if, in the opinion of the harbormaster, such violation continues, the permit may be terminated. If a permit is terminated, the permittee may appeal to the city council by directing a notice of appeal within 20 days from the termination of the permit. (Ord. 754 § 8, 1986).

6.36.090 Vessels – Condition.

Vessels, which in the opinion of the harbormaster do not meet normal safety standards or are deemed hazardous to the marina property or other vessels, may be denied permission to remain on marina premises. All vessels which do not carry the equipment required by the applicable United States laws or regulations now in existence or as the same may be amended in the future which pertain to the vessel shall be deemed not to meet normal safety standards. If the harbormaster, or his designee, may deem that hazard is imminent, he may request the vessel to leave immediately. Vessels moored at the marina, or who enter the marina water, may be boarded and inspected to see that they meet the applicable safety standards. Boarding may be done by the harbormaster, or his designee, at reasonable times and places, and failure to comply with a reasonable boarding and inspection request shall be grounds to cancel the moorage contract immediately. All vessels which do not carry the equipment required by the applicable United States laws or regulations which pertain to said craft, as now in force or as they may be amended in the future, may have the moorage agreement canceled. The harbormaster, or the harbormaster’s designee, shall have the power to take possession of a vessel within the marina which is deemed hazardous to the marina property or other vessels, and move said vessels ashore or to another location in or outside the marina to provide for safety of the marina property or other vessels. (Ord. 754 § 9, 1986).

6.36.100 Trespassing.

(1) It is unlawful to secure, tie up, anchor, moor or otherwise fasten any vessel to or adjacent to a float, dock, pier, breakwater, piling, vessel in the waters of Oak Harbor Marina for more than two hours without the continuing permission of the harbormaster. Upon revocation of such permission, the owner or other person in charge of the vessel, or both, shall immediately remove the vessel from marina waters.

(2) It shall be unlawful to bring an unseaworthy vessel into the waters of the Oak Harbor Marina except in the case of emergency necessary to prevent injury or death to person or damage to property.

(3) It shall be a defense to an offense charged under subsection (1) of this section that the person charged entered the Oak Harbor Marina with the vessel to save life or property and could not obtain permission prior to his or her entry into the waters of the Oak Harbor Marina; provided, further, that this defense shall be unavailable if the vessel, boat, ship, barge or other floating object has remained in the waters of the Oak Harbor Marina for a period longer than necessary to make or to obtain a tow to another port to make the vessel seaworthy or 10 days, whichever period of time is shorter.

(4) It shall be unlawful to park or leave any vehicle, trailer, boat, boat on trailer, recreational vehicle or other equipment in the marina parking lot for a period in excess of 72 consecutive hours without the express permission of the harbormaster, and without full compliance with the provisions of OHMC 6.40.139. (Ord. 1075 § 2, 1996; Ord. 953 § 1, 1993; Ord. 754 § 10, 1986).

6.36.110 Mini marina moorage limitation.

No one shall moor a vessel that is more than 16 feet in length at the Oak Harbor mini marina dock. No moorage at the Oak Harbor mini marina dock shall be more than 14 hours. (Ord. 754 § 11, 1986).

6.36.120 Penalty.

In addition to the remedies provided in other sections, it is a crime for anyone to violate OHMC 6.36.060, 6.36.070, 6.36.080, 6.36.090, 6.36.100 and 6.36.110, and said violation(s) shall be punishable by a fine of not to exceed $500.00 and a jail sentence of no more than 90 days. Each day of continuing violation, or part thereof, shall be a separate offense.

Other violations of this chapter shall be infractions punishable as set out in Chapter 1.28 OHMC, as now in effect or hereafter amended. (Amended during 2/15 supplement; Ord. 1014 § 7, 1995; Ord. 754 § 2, 1986).