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ORD 96-33 MOORING REGULATIONS07/10/96 14:11 FkX 206 635 7750 INSLEE-BEST ~002/004 ORDINANCE NO. 96 - 33 AN ORDINANCE of the City of Bainbridgc Island, Washington, relating to the City's mooring regulations; mending Sections 12.20.250, 12.24.040, 12.24.065, 12.24.110 and 12.24.120 of the Bainbridge Island Mtmicipal Code; and repealing Section 12.20.240 of the Bahabridge Island Municipal Code. WHEREAS, tl~ City Council has determined that it is in the best interest of the City to make certain violations of the City's mooring regulations infractions rather than misdemeanors; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. Section 12.20.240 of the Balnbridge Island Municipal Code is repealed. Section 2. to read as follows: Section 12.20.250 of the Bainbridgc Island Municipal Code is amended I2.20.250 Violation- Penalty. Any person found guilty of violating any of the provisions of thi.q chapter,--e~ept as set fbrth in Section 12.20.2/10, shall be fined not more than $500.00 or punished by not more than six months in the city jail, or both such fine ..xnd penalty. Section 3. to read as follows: Section 12.24.040 of the Bainbridge Island Municipal Code is amended 12.24.040 Nuisances designated - Removal required. It shall be a public nuisance and a civil infraction for any ~vesscls or watercraft to be moored or left una~nded for a period exceeding 48 hours in the park harbor._ It shall be a public nuisance for any sunken vessels or watercraft, refuse of all kinas, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, timber, logs, piles, lumt ~.r, boxes, empty containers and oil of any kind, floating uncontroUcd on. i~he water, and all othex substances or articles of a similar nature, to be in public harbor am daolarod to be public nuisane~ and it is unia~vfi.-a _a misdemeanor for any person to throw or plac~ Ln, or cause or permit to be thrown or placed, any of the above mentioned articles in the park harbor, or upon th~ shores thereof or in such a position that the same may or can be washed in to the harbor, either by high tides, storms, floods or otherwise. Any person causing or permitting said nuisances to be placed DOCS~94700\100\0115549.01 - 1 - 07/10/96 14:11 FAX 206 635 7750 iN.~LEE_BEST .... ~003/004 as aforesaid shall remove the same and, upon his failure to-do so, the same may be removed or caused to be removed by the city. Section 4. to read as follows: Section 12.24.110 of the Bainbridge Island Municipal Code is amended 12.24.110 Use of dinghies at city boat dock or m public harbor. No person shah moor or tie a dinghy at the city boat dock or in public harbor except in the areas designated for the same. Dinghies may be rafted in such designated areas by three deep. No dinghy shall be moored or fled by any person so as to block the boat launch ramp, except for immediate loading or tinloading. Dinghies shall not be required to register as provided for heroin, unless for purposes of a special event. No dinghy shall be left unattended at the city boat dock or in the public harbor for more than 48 hours. Any dinghy moored or tied contrary to the provisions of this chapter or of any posted signs shall constitute a nuisance. Dinghies moored, tied, or left unattended in the public harbor or aU=he city boat dock in viohtion of this section shall be removed and impounded in accordance with the procedures for impounding vessels and watercraft in BIMC 12.24.050 through 12.24.085, to the extem applicable: provided, that the notice requirements in sections 12.24.050 and 12.24.060 shall not apply to the removal and impound of dinghies. violating paragraphs B or D of this section if signs notifying, the public of the requirements of this section have been posted in a conspicuous place or places on or near the boat dock, Section 5. to read as follows: Section 12.24.120 of the Bainbridge Island Municipal Code is mended 12.24.120 Viol~ion - Penalty. Any person committing overtime parking or illegal parking under BIMC 12.24.040. 12.24.065.12.24. I00 or 12,24.110 shall be gttilty of a civil infraction and shall be freed in an arnounl nat !o exC, e~ ,~lOo. OO, Except as provided otherwise in this cha~ter, A_any person violating any of the provisions of this chapter shall be guilty of a civil infraction upon a finding or agreement that the infraction was committed and shall be freed in an amount not to exceed $500.00. DOCS~94700\100\0115549.01 - 2 - 07/10/96 14:12 FAX 206 635 7750 INSLEE-BEST ~004/004 Each day s-~,,h~ that a violation of ~is chapter is cornmiRed or permitted to continue shall constitute a separate offense and shall be punishable as such under ~ section. City-Civil infractions under this chapter may be issued by any police officer, parking enforcement officer, or code enforcern~m officer of the city. Infractions issued under this chapter shall be processed in the san~ manner as infractions issu~xl under Chapmr 1.26. Section 6. This ordinance shall take effect and be in force five days from and after its passage, approval, and publication as required by law. PASSED BY THE CITY COUNCIL thi.~ 15thday of August , 1996. APPROVED BY THE MAYOR this 16 th day of August ,1996. Janet K. West, Mayor ATTEST/AUTHENTICATE: lerk APPROVED AS TO FORM: City Attorney FII,_~-D WITH THE CITY CLERK: July lo, 1996 PASSED BY THE CITY COUNCIL: August 15, 1996 PUBLISHRB: August 21, 1996 EFFECTIVE DATE: August 26, 1996 ORDINANCE NO.: 96-33 DOCSX94700\I00\0115549.01 - 3 -