Chapter 6.41
OAK HARBOR BAY ANCHORAGES
AND WATERWAYS
Sections:
6.41.030 Liability for damages.
6.41.040 Interference with navigation.
6.41.050 Removal of obstructing vessels.
6.41.090 Off-season anchorage.
6.41.110 Privately controlled property.
6.41.010 Definitions.
(1) Generally. The words and phrases used in this title shall have the meanings set out in this chapter, except where the same shall be clearly contrary to or inconsistent with the context of the section in which used.
(2) “Anchorage” means a designated position where vessels may anchor or moor and includes areas outside (a) the waterway of Oak Harbor Bay, and (b) city owned or leased tidelands.
(3) “City” means the city of Oak Harbor.
(4) “Obstruction” means any vessel 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).
(5) “Owner” means the person who had lawful possession of a vessel or watercraft or obstruction by virtue of legal title or equitable interest therein which entitles him to such possession.
(6) “Person” shall, when necessary, mean and include natural persons, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee; the singular number shall, when necessary, mean and include the plural, and the masculine pronoun shall include the feminine.
(7) “Privately controlled property” means privately owned tidelands, and publicly owned tidelands and shorelands, which publicly owned harbor area, tidelands and shorelands have been leased to or otherwise licensed for use of private individuals, associations, corporations, the city or other entities.
(8) “Vessel” means any contrivance used or capable of being used as a means of transportation on water. Cribs or piles, shinglebolts, booms of logs, rafts of logs and rafts of lumber shall not be included within the term “vessel,” but shall be included within the term “obstruction” when they shall be floating loose and not under control or when under control and obstructing any navigable channel or other waterway. The term “vessel” shall include, but not be limited to, watercraft, boat, slip, sailboat, dinghy, rowboat, power boat, tug boat, sea plane of whatever size or description.
(9) “Waterway” means those waters of the entry channel to Oak Harbor Bay located within the “city limits of Oak Harbor” and demarked by U.S. Coast Guard installed and approved channel markers and aids to navigation, with the northern boundary of the waterway extending from the “Green 11” buoy to a point 360 feet northwest of the “Red 12” channel marker, thence parallel to a line between the “Red 12” and “Red 14” channel markers, thus forming a waterway width of 360 feet.
At a location 100 feet west of the green navigation light marking the south entrance to the marina, this boundary extends north to intersect the marked channel at the green navigation light marking the north marina entrance.
The waterway is shown on the map entitled “Exhibit 1”, attached to the ordinance codified in this chapter and on file in the office of the city clerk. (Ord. 1206 § 1, 2000).
6.41.020 Application.
The provisions of this title shall be applicable to all vessels operating in Oak Harbor Bay within this city. The provisions of this title shall be construed to supplement United States laws and state laws and regulations when not expressly inconsistent therewith in the harbor where such United States and state laws and regulations are applicable. (Ord. 1206 § 1, 2000).
6.41.030 Liability for damages.
(1) Nothing in this title shall be construed so as to release any person owning or controlling any vessel, pier, obstruction or other structure, from any liability for damages, and the safeguards to life and property required in this title shall not be construed as relieving any person from installing and maintaining all other safeguards that may be required by law.
(2) Vessel owners anchoring vessels in Oak Harbor Bay are liable for damages caused by these vessels, including reasonable costs for emergency response, salvage, clean-up or other necessary actions resulting from incidents involving said vessel.
(3) This law is for the public good and shall not be construed as providing protection for particular persons or classes of persons. (Ord. 1206 § 1, 2000).
6.41.040 Interference with navigation.
No person shall operate any vessel or aircraft on the water in a manner which shall unreasonably or unnecessarily interfere with other vessels or aircraft on the water or with the free and proper navigation of Oak Harbor Bay or the launching of any vessel at any public boat launching ramp. Anchoring or mooring in a heavily traveled channel or in an approach to a public boat launching ramp shall constitute such interference. (Ord. 1206 § 1, 2000).
6.41.050 Removal of obstructing vessels.
(1) No master, owner or other person in charge of any vessel shall while towing another vessel or obstruction obstruct any channel or waterway.
(2) The harbor master shall have the power to order the removal of:
(a) Any vessel or obstruction anchored in any waterway or made fast to any buoy, pier or other structure owned by or under the authority and control of the city;
(b) Any vessel and/or its tow obstructing navigation in any channel or waterway;
(c) Any vessel or obstruction lying at any pier in the harbor which is obstructing any slip or other vessel; and it is unlawful to fail, neglect or refuse to remove a vessel or obstruction obstructing a slip, waterway or other vessel; and
(d) Any vessel or obstruction anchored in an anchorage area contrary to the provisions of this chapter.
(3) In the event any vessel or obstruction identified in subsections (1) and (2) of this section is not removed as directed by a written order of the harbor master within 24 hours, or such order of the harbor master is not fully complied with, in other respects, the harbor master shall have the power to take immediate possession of and/or impound such vessel or obstruction and remove the same, using such methods as in his judgment will prevent unnecessary damage to the vessel or obstruction, and/or assign the removal and impounding of the vessel, watercraft or obstruction to a private person or corporation. (Ord. 1206 § 1, 2000).
6.41.060 Sunken vessels.
When any vessel or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the harbor master or police chief may order the same immediately removed and if the owner or other person in charge thereof, after being so ordered, does not proceed immediately with such removal, the harbor master may take immediate possession thereof and remove the same, using such methods as in the harbor master’s judgment will prevent unnecessary damage to such vessel or watercraft or obstruction. The expense incurred by the harbor master or police chief in such removal shall be paid by such vessel or obstruction or the owner or other person in charge thereof; and in case of failure to pay the same, the city may maintain an action for the recovery thereof. (Ord. 1206 § 1, 2000).
6.41.070 Unseaworthy craft.
(1) It shall be unlawful for a master, owner or other person without a permit from the harbor master to tow or move into Oak Harbor Bay any vessel or obstruction which prior to movement or tow:
(a) Has been used as a permanent place of abode and was not engaged in navigation under its own power within 30 days; or
(b) Appears or exists in an unseaworthy condition, uses or needs support from another vessel or watercraft to remain afloat, or otherwise appears to lack the capacity for safe movement through and across navigable waters, other than the following:
(i) Barges or disabled but buoyant aircraft in tow by a towage company authorized to do business in the state;
(ii) Vessels or watercraft temporarily disabled by accident, collision, or other malfunction but otherwise seaworthy and capable of safe movement; and
(iii) Vessels, watercraft or obstructions being towed or moved by or under the control of the harbor master.
(2) Any person seeking a permit to tow or move any vessel, watercraft or obstruction identified in subsection (1) of this section shall apply to the harbor master therefor. (Ord. 1206 § 1, 2000).
6.41.080 Summer anchorage.
No person may anchor a vessel in an anchorage area of Oak Harbor Bay for more than 14 days from May 1st to October 1st of each year. All days or parts of a day of anchorage shall be included in determining whether a vessel has been anchored for more than 14 days. As an example, a vessel which anchors for three days and leaves and comes back one or five days later and anchors for eleven more days has anchored for 14 days within any one month. (Ord. 1206 § 1, 2000).
6.41.090 Off-season anchorage.
No person may anchor a vessel in an anchorage area of Oak Harbor Bay for more than 72 hours from October 1st each year to April 30th of the following year. (Ord. 1206 § 1, 2000).
6.41.100 Rules for anchorage.
(1) Except in emergency circumstances, no vessel may anchor in the waterway area of Oak Harbor Bay.
(2) Vessels are to be moored using the vessel’s own ground tackle/anchoring equipment. To avoid creating a hazard to navigation, and to preclude the illegal placement of mooring buoys upon the state-owned tidelands, installation of mooring buoys and other types of permanent, nonretrievable equipment is specifically prohibited. Likewise, a vessel operator shall not detach and leave in place the vessel’s anchor, anchor chain/line, or other anchoring equipment or gear, with the intention of departing the area and returning at a later time.
(3) Vessels are required to display anchor lights at night, as prescribed in U.S. Coast Guard regulations.
(4) All vessels anchoring in Oak Harbor Bay are to be registered with the harbor master as soon as practicable after arrival.
(5) Persons operating vessels shall use sound seamanship and proper safety practices anchoring vessels, allowing sufficient scope for tides and conditions and allowances for arcs of swing.
(6) Vessels shall be equipped with safety equipment as required for the type of vessel by the U.S. Coast Guard.
(7) Persons operating or anchoring vessels are specifically prohibited from discharging into Oak Harbor Bay sewage, petroleum products, chemicals, paints or any other substances the introduction of which violates state and/or federal environmental regulations. (Ord. 1206 § 1, 2000).
6.41.110 Privately controlled property.
Nothing in this chapter shall be construed as forbidding an owner of privately controlled property from using the same in a lawful manner; provided, that use of privately controlled property shall be lawfully permitted under applicable state, federal or local law; provided further, an owner of tidelands seeking to use his tideland for anchorage within the anchorage area shall obtain a permit from the city providing such information as is necessary to demonstrate lawful permitted uses by the owner or his or her designee. (Ord. 1206 § 1, 2000).
6.41.120 Limitation.
Nothing herein shall be deemed to authorize anchorage on private or publicly owned tidelands within Oak Harbor Bay. (Ord. 1206 § 1, 2000).
6.41.130 Nuisances.
Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, timber, logs, piles, boom sticks, lumber, boxes, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature, are declared to be public nuisances and it shall be unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the above named articles or substances in Oak Harbor Bay, or upon the shores thereof or in such position that the same may or can be washed into the harbor, either by high tides, storms, floods or otherwise. Any person causing or permitting said nuisances to be placed as aforesaid shall remove the same and upon his failure so to do, the same may be removed by the harbor master and the expense thereof shall be paid by and recoverable from the person creating the nuisance. In all cases such nuisances may be abated in the manner provided by law. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution under this section. (Ord. 1206 § 1, 2000).