ORD 81-17 VESSELS & WATERCRAFT MOORED IN EAGLE HARBORORDINANCE NO. 81 - 17
AN ORDINANCE OF THE CITY OF WINSLOW, WASHINGTON
DECLARING VESSELS AND WATERCRAFT MOORED IN THE EAGLE
iIA]~0R PARK TO BE PUBLIC NUISANCES AND
PROVIDING FOR THE REMOVAL AND IMPOUNDMENT OF
NUISANCES, REDEMPTION, PROSECUTION AND PENALTIES.
The City council of the City of Winslow DO ORDAIN as follows:
Section 1. DEFINITIONS:
(A) Vessel, Watercraft: "Vessel" or "Watercraft" means any
contrivance used or capable or being used as a means of
transportation on water.
(B) Moor/Moored: "Moor" or "Moored" means to anchor or anchorage.
(C) Park Harbor: "Park Harbor" means all waters or land under
the water within the Eagle Harbor Waterfront Park or other
property owned or leased by the City of Winslow.
(E) Oil: "Oil" means by oil or liquid, whether of animal, vege-
table or mineral origin, or a mixture, compound or distilla-
tion thereof.
(F) City: "City" means City of Winslow.
(G) Police Department: "Police Department" means the law enforce-
ment agency of the City of Winslow.
Section 2. AUTHORIZATION:
The City in the exercise of its police power assumes control and
jurisdiction over waters within Eagle Harbor Waterfront Park and
such waters shall, for the purpose of this ordinance, be known as
"park harbor".
Section 3. APPLICATION:
The provisions of this ordinance shall be applicable to all vessels
and water craft in the park harbor of the City.
Section 4. NUISANCES DESIGNATED - REMOVAL:
Vessels or watercraft moored or left unattended for a period ex-
ceeding 48 hours in the park harbor, sunken vessels or watercraft,
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refuse of all kinds, structures or pieces of any structure, dock
sweepings, dead fish or parts thereof, timber, logs, piles, lumber,
boxes, empty containers and oil of any kind, floating uncontrolled
on the water, and all other substances or articles of a similar
nature, in the public harbor 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 mentioned
articles in the park harbor, 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 to do so, the same may be removed or
caused to be removed by the City.
Section 5. MOORED VESSELS OR WATERCRAFT:
(A) Notice to Remove.
Vessels or watercraft moored or left unattended in the public
harbor for a period exceeding 48 hours shall not be removed by the
City unless the City Police Department shall have posted a notice
to remove said vessel or watercraft in a conspicuous manner on the
same or notified the registered owner to remove the vessel or water-
craft. Such notice shall be by Certified Mail, Return Receipt Re-
quested, addressed to said owner at his last address known to the
City or as shown by any Coast Guard registration.
A notice placed on the vessel or watercraft shall contain the
following information:
(1) The date and time the notice was attached;
(2) The identity of the officer attaching the notice;
(3) A statement that if the vehicle is not removed within 10 days
from the date and time the notice is attached, the vessel or
watercraft may be taken into custody and stored at the owner's
expense and a statement that
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such will constitute a lien on such vessel or
watercraft; and
(4) The address and telephone number where additional
information may be obtained.
(B) Action Upon Non-compliance:
Upon the failure, neglect or refusal of any owner or agent
notified as in Subsection (A.) above, to remove the vessel
or watercraft within 10 days or within 10 days after the
date of such notice in the event the same is returned to
the City for the inability of the United States Postal
Service to make delivery thereof, provided the same was
properly addressed to the last address known to the City of
such owner or agent, or as shown by any Coast Guard
Registration, the City Police Department is hereby
authorized to remove or cause the removal of the vessel or
watercraft and cause the same to be impounded and stored in
a safe place.
SECTION 6. LIEN UPON VESSEL OR WATERCRAFT:
The impoundment of any vessel or watercraft pursuant to the
provisions of this ordinance shall create a lien against such
vessel or watercraft for all costs of impoundment, removal and
storage. Said lien may be enforced by a civil action in Kitsap
County Superior Court as provided in RCW 61.12.162.
SECTION 7. AUTHORIZED REMOVAL AND REDEMPTION:
The City of Winslow is authorized to contract for purposes
of removing and safely storing vessels or watercraft deemed to
be nuisances under this ordiance. Any person may redeem a
vessel or watercraft impounded by the City of Winslow Police
Department by presenting to the Police Department proof of
ownership or proof said person is authorized to act on behalf
of the registered owner and by paying all costs of removal,
impoundment and storage of the vessel or watercraft.
SECTION 8. ABATEMENT OF NUISANCES:
Nothing herein shall be interpreted to prohibit the City
from bringing an action to abate a nuisance in the manner
provided by law. The abatement of any public nuisance herein
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shall not excuse the person responsible therefor from
prosecution under this section.
SECTION 9. PENALTIES:
Any person violating any of the provisions of this
Ordinance shall be guilty of a misdeameanor and upon conviction
thereof shall be fined in an amount not exceeding Five Hundred
Dollars ($500.00) or be imprisoned in the County Jail for a
period not exceeding Six (6) months or be both so fined and
imprisoned. Each day such violation is committed or permitted
to continue shall constitute a separate offense and shall be
punishable as such hereunder.
SECTION 10. SEVERABILITY:
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not effect the validity of the
remaining portions hereof.
SECTION 11. EFFECTIVE DATE:
This ordinance shall take effect five days after posting of
this ordinance in a manner provided by law.
PASSED by the City Council of the City of Winslow this 4th
day of ~-~.~a~l~y_, 1981.
ALICE B. TAWRESEY, MAYOR ~
ATTEST:
.I ~ ~REASURERD
APPROVED AS TO FORM:
ROBERT W. MCKISSON
OF MCKISSON AND SARGENT, INC., P.S.
CITY ATTORNEYS
I do heEeby certif this Ordinance was signed by the Mayor
this ~ ~ 'day of'~/~ //~'/ and thereafter posted
this ~day of L~ ~/9 ~/ at the Ferry Term'nal