Chapter 15.30
PORT OF TULALIP MARINA FACILITIES
Sections:
15.30.030 Port Master authority.
15.30.040 Compliance with Port Master communications.
15.30.070 Violation – Penalties.
15.30.080 Vessel identification.
15.30.090 Moorage and storage agreements.
15.30.100 Forfeiture procedures – Tribal Court.
15.30.110 Summary forfeiture – Equipment, gear, and small craft.
15.30.120 Vehicle traffic/parking.
15.30.150 Maintenance and safety standards.
15.30.160 Modifications to docking facilities.
15.30.170 Posting of Port of Tulalip policies and procedures.
15.30.180 Disposition of fees, fines, and revenue.
Prior legislation: Ord. 73 and Res. 2013-375.
15.30.005 Purpose.
This chapter is hereby adopted for the purpose of regulating the use and occupancy of the Tribal marina facilities and protecting and preserving them from deprivation, destruction and other trespasses from all persons, whether members or nonmembers, of the Tulalip Tribes. [Res. 2022-207].
15.30.010 Definitions.
Insofar as the following words are used in this chapter, they shall be interpreted to mean the following:
(1) “Owner” shall mean the title holder, lessee and any other person or entity having a claim to a legally enforceable right of vessel use and any other person or entity who enters into an agreement with the Port for use of the Port area as the responsible party for the vessel, vehicle, and gear.
(2) “Port” shall mean the Port of Tulalip, the designation hereby given by the Tulalip Tribes to its Port area operations, including the marina in Tulalip Bay. The Port is an arm of the Tulalip Tribal government and, as such, shares the Tribes’ sovereign immunity.
(3) “Port area” or “Port areas” shall mean those areas within the Tulalip Bay marina, including water, land, and air space above and all buildings, docks, and marina facilities operated by the Tulalip Tribes within and outside of the Tulalip Indian Reservation. “Port area” also includes the dock facilities outside of the Tulalip Indian Reservation that are maintained by the Tribes for its fishermen, including but not limited to the facilities at Lopez Island, Ace Westers, and Blaine Harbor, Washington.
(4) “Port Master” shall mean the Chief Executive Officer of the Tulalip Tribes and his or her designee(s).
(5) “Moorage” shall mean any properties or facilities within the Port areas, to which a vessel may be secured.
(6) “Moorage agreement” shall mean an agreement, including permits, between a vessel owner or owners and the Port, which authorizes such owners access to moorage facilities owned, operated, and/or maintained by the Port.
(7) “Slip” shall mean a structure designed to hold a vessel while moored in the water.
(8) “Storage” shall mean all on-land storage of vessels and gear within the Port area.
(9) “Storage agreement” shall mean an agreement between a vessel owner or owners and the Port which authorizes such owners access to storage facilities owned, operated, and/or maintained by the Port.
(10) “Vessel” shall mean every manner of a water craft or other artificial contrivance designed for and capable of self-propulsion and a means of transportation. [Res. 2022-207].
15.30.020 Applicability.
All vessels or vehicles using the facilities or space within the Port areas shall be subject to all of the charges, late fees, rules and conditions as prescribed by the Port Master. [Res. 2022-207].
15.30.030 Port Master authority.
Consistent with other Tulalip codes and policies and as permitted by law, the Port Master shall have general operational and maintenance authority over the Port area. The Port Master is authorized to administer and enforce all moorage/storage agreements and Port of Tulalip policies and procedures, as approved by the Board of Directors; provided, that the Port Master may issue emergency rules, effective immediately, to safeguard persons and property. The Port Master hereby appoints the Tulalip Police Department and Marina Security to enforce this chapter and the Port of Tulalip policies and procedures under their respective scopes of authority. The officers of Tulalip Police Department shall be authorized to issue citations or violation notices and refer matters to the Tribal Court Prosecutor for judicial action, serve as witnesses, and provide other enforcement-related services. [Res. 2022-207].
15.30.040 Compliance with Port Master communications.
Anyone present on or in the Port area and/or using Port facilities or equipment shall comply with any verbal or written signs of communications, including administrative and operational Port of Tulalip policies and procedures, issued or posted by the Port Master. [Res. 2022-207].
15.30.050 Enforcement.
The Tribal Court shall be the appropriate forum and have jurisdiction and authority to enforce, by the procedures in TTC Titles 2 and 3 not clearly inconsistent herewith, and in accordance with the jurisdiction limitations set out in TTC Titles 2 and 3, this chapter, the Port of Tulalip policies and procedures and moorage/storage agreements. Nuisances on marina facilities may be abated and trespass actions brought, as provided in TTC Titles 2 and 3. In any action or proceeding brought to enforce any of the Port of Tulalip policies and procedures, covenants and undertakings herein, including that for collection of any sum which may be payable hereunder, the owner shall pay the Port, if it prevails, costs incurred and interest upon any sum, including reasonable attorney’s fee as determined by the Court. [Res. 2022-207].
15.30.060 Criminal activity.
(1) Convictions and Admissions. The Port Master may revoke the privilege of entering and/or remaining in the Port area, for up to three years, for anyone convicted of any criminal offense, or admitting to the same, for incident(s) arising out of the Port areas.
(2) Pending Trial. Pending criminal trial or resolution of a criminal case, the Port Master may revoke the privilege of entering and/or remaining in the Port area for anyone charged with any criminal offense for such incident(s) arising out of the Port areas. [Res. 2022-207].
15.30.070 Violation – Penalties.
Any violation of the Port of Tulalip policies and procedures, or prohibitions and requirements contained therein, may subject the violator to fines and penalties provided for in this chapter and/or the Port of Tulalip policies and procedures. In addition, the Port Master may revoke the privilege of entering the Port area for violating any prohibition or requirement set by this chapter, the Port of Tulalip policies and procedures, or moorage/storage agreement. Anyone using or entering the Port area, a marina space, within the marina area, or using any other marina equipment or facilities, without a written agreement with Tribes, such as a moorage/storage agreement, shall be subject to a daily fine at a rate that shall be set by the Port of Tulalip policies and procedures (for each calendar day during which the vessel or equipment occupies the Port area, or marina equipment or facilities within the Port area are used without authorization) and the vessel, gear, equipment, fixtures and furnishings shall be subject to immediate removal. [Res. 2022-207].
15.30.080 Vessel identification.
(1) All vessels in the Port area must be registered and have valid identification, as evidenced by either:
(a) A valid registration decal issued permanently affixed to the hull and clearly visible from the outside; or
(b) A valid certificate of documentation issued by the United States Coast Guard National Vessel Documentation Center.
(2) Failure to display a valid registration decal on the hull or provide a valid certificate of documentation to the Port Master or law enforcement officers upon request may be cause for refusal of moorage or other access to the Port area. [Res. 2022-207].
15.30.090 Moorage and storage agreements.
The Port Master is hereby authorized to sign moorage and storage agreements on behalf of the Port of Tulalip. The moorage and storage agreements shall provide that, independent of other grounds for Tribal jurisdiction, nonmembers who enter this consensual relationship submit to Tribal civil authority to enforce this chapter and accompanying Port of Tulalip policies and procedures against them. [Res. 2022-207].
15.30.100 Forfeiture procedures – Tribal Court.
In the event monthly moorage and/or storage agreement charges accrue in favor of the Port for two billing periods, or the owner otherwise violates the provisions of their agreement, the Port may, without advance notice, seize and take possession of owner’s vessel, its tackle, apparel, fixtures, equipment and furnishings, and will retain such possession until all charges then owing, and any charges which shall thereafter have accrued, are fully paid. Similarly, the Port may, without advance notice, seize and take possession of any unauthorized vessel, its tackle, apparel, fixtures, equipment and furnishings, when such vessels enter the Port area without a valid moorage and/or storage agreement. Costs for removal and storage of the vessel, its tackle, apparel, fixtures, equipment and furnishings from moorage, docks, or storage, shall be paid by the owner. Removal and daily storage fees shall be set by the Port of Tulalip policies and procedures.
Any vessel and other property seized by the Port pursuant this section shall be subject to the following forfeiture proceedings:
(1) The Port Master shall make reasonable attempts to notify the true owner of their right to claim the seized property and pay all charges then owing, prior to disposing the property.
(a) If the owner is unknown, a reasonable attempt to notify shall include:
(i) Publication in the See-Yaht-Sub for two consecutive weeks; and
(ii) Posting at the marina, as soon as possible after removal and storage of the property.
(b) If the owner is known, a reasonable attempt to notify the owner shall include:
(i) Personal service; or
(ii) Certified and U.S. first-class mail delivered to the owner’s last known address.
(2) Notice shall include:
(a) The name of the owner(s), if known;
(b) A brief description of the property and the date that the Port Master began storing the property;
(c) Contact information for the Port Master; and
(d) A statement that if the property remains unclaimed, it will be subject to forfeiture and disposed of in accordance with this section.
(3) Petition and Summons.
(a) Unknown Owners. Within 45 days after the seizure of property and after a reasonable attempt to notify the owner, the Port shall file a petition and request for summons to institute forfeiture proceedings with the Court.
(b) Known Owners. Within 45 days after the date of notification by personal service or 45 days after notice was sent by certified and first-class U.S. mail, the Port shall file a petition and request for summons to institute forfeiture proceedings with the Court.
(c) The petition shall include the following:
(i) A description of the property seized;
(ii) The date and location of the seizure;
(iii) The relevant provisions of the Tulalip Tribal Code, Port of Tulalip policies and procedures, and/or moorage/storage agreement that subject the property to seizure and forfeiture; and
(iv) The names and addresses of any other persons whom the petitioner knows or has reason to believe have or may assert a property interest in the seized property.
(4) Service of Petitions and Summons.
(a) Within 20 days from the date the Court issues the summons, the petitioner shall cause the petition and summons to be served upon all known owners or claimants of the property by personal service, certified and U.S. first-class mail, or any alternative service that is authorized by Court order.
(5) Response. Within 30 days after the service of the petition and summons, the owner or claimant of the seized property shall file a response to the petition with the Court.
(a) The response shall include:
(i) The respondent’s name and address for service;
(ii) The facts establishing ownership of the seized property; and
(iii) Any defense(s) to the allegations contained in the petition, including any declarations or documentary evidence in support of the defense(s).
(6) Service of the Response.
(a) Respondent must serve the response on the petitioner within five calendar days after filing the response with the Court.
(b) Respondent shall file proof of service of the response with the Court within five calendar days after serving the response on the petitioner.
(7) Setting a Hearing.
(a) A forfeiture hearing without a jury shall be set no later than 60 calendar days after respondent files proof of service of the response with the Court.
(b) The Court may enter a default order of forfeiture, and the Port may present such a draft order ex parte, if the respondent either:
(i) Fails to file a response to the petition within 30 calendar days after service of the petition;
(ii) Fails to file proof of service of the response with the Court within 30 calendar days after filing the response with the Court; or
(iii) Fails to appear at the forfeiture hearing at the time set for the hearing.
(8) Conduct of Forfeiture Hearing.
(a) The petitioner and respondent shall have the opportunity to present witnesses and other evidence.
(b) All evidence which is necessary and relevant to decide the case is admissible.
(c) Witnesses may be subpoenaed by either the petitioner or respondent if granted permission by the Court. The failure of the Court’s subpoena power to obtain the presence of a witness shall not be cause to dismiss the petition.
All other rules specified in the Tulalip Tribal Code’s Civil Rules of Tribal Court not inconsistent with this chapter shall apply. [Res. 2022-207].
15.30.110 Summary forfeiture – Equipment, gear, and small craft.
(1) Property Left on the Docks in the Port Area. Storage of rowboats, skiffs, dinghies, rafts, nets, reels, crab pots, totes and other items of equipment will not be permitted on the docks, except as provided in the Port of Tulalip policies and procedures.
(2) Property in Port Area Without an Agreement. Storage of rowboats, skiffs, dinghies, rafts, nets, reels, crab pots, totes, trailers and other items of equipment inside the perimeters of the Port area is not permitted without a valid moorage and/or storage agreement.
(3) Any items being stored in violation of subsection (1) or (2) of this section that are left unattended for more than 24 hours may be removed and stored by the Port Master, unless such items pose a hazard, in which case the items shall be removed immediately. A one-time removal fee and a daily storage fee, accruing every day the Port Master stores the items beginning the day after the item is put into storage, shall be imposed. Removal and daily storage fees shall be set by Port of Tulalip policies and procedures.
(4) Property may be returned to the true owner upon:
(a) Payment to the Port of all fees imposed for the removal and/or storage of the property; and
(b) Proof of ownership satisfactory to the Port Master at any time prior to disposal.
(5) The Port Master shall make reasonable attempts to notify the true owner of their right to claim property prior to disposing of it.
(a) If the owner is unknown, a reasonable attempt to notify shall include:
(i) Publication in the See-Yaht-Sub for two consecutive weeks; and
(ii) Posting at the marina as soon as possible after removal and storage of the items.
(b) If the owner is known, a reasonable attempt to notify the owner shall include:
(i) Personal service; or
(ii) Certified and U.S. first-class mail delivered to the owner’s last known address.
(6) Notice shall include:
(a) The name of the owner(s), if known;
(b) A brief description of the property and the date that the Port Master began storing the property;
(c) Contact information for the Port Master; and
(d) A statement that if the property remains unclaimed, it will be deemed abandoned and disposed of in accordance with this section.
(7) Abandonment. Upon notification pursuant to subsection (5) of this section, any property that remains unclaimed by the true owner shall be deemed abandoned and all property interests and title thereto shall vest in the Tulalip Tribes after either:
(a) Thirty days after the date of notification by personal service, if the owner is known;
(b) Thirty days after the notice was sent by certified and first-class U.S. mail, if the owner is known; or
(c) Thirty days after seizure of the property if a reasonable attempt to notify the unknown owner was made.
(8) Disposal. Abandoned property shall be disposed of as follows:
(a) Property that is of no use to the Tulalip Tribes and is unsellable or of minimal value may be destroyed at the discretion of the Port Master.
(b) At the discretion of the Port Master, all other property shall be:
(i) Sold at auction or public sale and the net proceeds transferred to the General Fund of the Tulalip Tribes to be used toward Port operational costs, improvements, and/or special projects;
(ii) Used by the Tulalip Tribes for a public purpose; or
(iii) Donated to a charitable, civic, or nonprofit organization.
(9) Property seized pursuant to this section shall be subject to summary forfeiture unless it is included as part of a forfeiture Court proceeding. [Res. 2022-207].
15.30.120 Vehicle traffic/parking.
The Port Master may establish such reasonable traffic and parking regulations as may be required for orderly handling of motor vehicles in the Port area, including the posting of “No Parking” areas and such other regulations as may be required. A vehicle parked in violation of any such signs or regulations may be subject to the traffic violations chapter under TTC Title 3. [Res. 2022-207].
15.30.130 Waste disposal.
No garbage, trash, oil fuel, debris or other material, liquid or solid, shall be deposited within the Port area, including, but not limited to, into the water or on land, or on any docks or piers, or other Port facilities, except in containers provided for that specific purpose. In addition to any other fines, penalties, or remedial measures, a person who violates this section shall be fined all costs of cleanup undertaken by the Port. Such fines shall be set by the Port of Tulalip policies and procedures. [Res. 2022-207].
15.30.140 Sewage discharge.
Discharge of sewage from vessels while in the Port area is prohibited. All vessels which moor in the Port area must comply with all applicable Tulalip Tribal Codes, Port of Tulalip policies and procedures, and federal laws and regulations. In addition to any other fines, penalties, or remedial measures, a person who violates this section is subject to a fine in an amount which shall be set by Port of Tulalip policies and procedures. [Res. 2022-207].
15.30.150 Maintenance and safety standards.
All vessel owners, operators, crew or guests using the Port area for moorage or otherwise shall keep their vessel, net areas, and the pier or slip area in the vicinity of their vessel neat, clean, orderly and seaworthy. Those utilizing Port property shall obey all applicable Tulalip Tribal Codes, Port of Tulalip policies and procedures, federal laws and regulations, and generally accepted safety standards and requirements to ensure that their actions or vessel does not become a hazard to themselves or other vessels or persons in the Port area. [Res. 2022-207].
15.30.160 Modifications to docking facilities.
Approval must be obtained in writing from the Port Master prior to the modification, addition, alteration, renovation, or restoration of any boathouse, slip, or moorage within the Port area. [Res. 2022-207].
15.30.170 Posting of Port of Tulalip policies and procedures.
The Port Master shall post the Port of Tulalip policies and procedures at the marina office. A copy of the Port of Tulalip policies and procedures shall be provided to user upon request. [Res. 2022-207].
15.30.180 Disposition of fees, fines, and revenue.
All fees, fines, and other revenue derived from use of the Port area or equipment shall be placed in the General Fund of the Tulalip Tribes, for the Port to be used towards the Port’s operational costs, improvements, and/or special projects. [Res. 2022-207].
15.30.190 Severability.
If any clause, section, chapter, title, part or portion of this chapter or the regulations or agreement form, adopted hereunder, or application to any person or party, is held invalid for any reason, such invalidity shall not impair or nullify the remainder of the chapter, regulations or agreement, but the effect thereof shall be confined to the clause, section, chapter, title, part or portion so adjudged to be invalid. [Res. 2022-207].