ORD 98-43 MOORING VESSELS AT MOORAGE FACILITIESi0,"I0.,'97 11:35 FAX 425 635 7720 INSLEE BEST ~ 002.'008
ORDEq,~qCE NO. 98-43
AN ORDINANCE of th~ City of Bainbridge Island, Washington,
relating to mooring vessels on the City's linear moorage facilities,
and amending sections 12.24.010, 12.24.030, 12.24.050A,
12.24.065, 12.24.100A, and 12.24.110 of the Bahbridge Island
Municipal Code.
WHETS, the Ci~ ~kes to ~ that the provisions in Chapter 12.24 BE~IC rehting
to mooring or tieing vessels and watercraft to the City's boat dock also apply to mooring or ficing
vessels to the City's linear m.o0rage facili~, and that the provisions of Chapter 12.24 BIMC
apply within the Waterfront Park and wig any waters or land under water owned or leased by
.the' City within the area known as Eagle Harbor; and
WHEREAS,-the area fomerly called "Eagle Harbor Waterfront Park" is now known
simply as "Waterfront Park'; now, therefore
THE CITY COUNCIL OF THE CITY OF BALNBRDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
follows:
S~-'tion 12.24.010 of the Bahbridge Island Municipal Code is Amended as
..
Ae
"City" m~r~ lhe CRy.Of l:lninbridgc kl-nd.
Be
'Moor' .or 'moored' means to anchor or anchorage.
C. 'City boat dock" roe~s fit exlsti~s any public dry dock located in Eagle
II,~ L,d Ihc Waterfront Park harbor or othenuise in the igrk harbor.
·
D. "Din~y' or "Oin~J~ies' means any .~m~ll boat, hyak, canoe, or rubber boat
whether rowed or with motor, -_ _~___l!er than 16 feet.
E. "Oil" toeing oli or liquid, wl~ther of phireal, vegetable or mineral origin,
or a mixture, compound or distillation thereof.
F. "Park harbor' me~_ns all waters or land under water within the Eagle Itazboe
Waterfront Park, er and all other waters or land under water within Eagle Harbor
that a-re ctL-c, p, ol-c-~y own~ or leased by the cky.
G.
"Polic= dcparnnen~" means the law enforcement agency of the city.
DOCSk9470(3\lOOV)143991.01 .- 1 -
H. 'Ves~et' or ~water~aft' means any contrivance used or capable er .Of being
usea as a me~n~ of transportation on water.
S¢c~on 2,
follows:
Section 12.24,030 of the B~nbridge Island Municipal Code is mended. as
Authorization. The city, in the exercise of its police power, 'assumes control and
jurisdiction over war~rs wi, hh~ Ea,dc IIa, bof the city's Waterfront Park .and
otherwise ivithin the park h~rbor. and such watl,~ ~d/1, for th~ pinpose of tl,.is
e~,~.~tcf, Lc Lo~,, ,, ~ "talk Ilarbor."
Section 3.
as follows:
Section 12.24,050A of the Bainbridge Island Municipal Code is ~mended
A. Vessels or watercraft moored, fled, or left unatter~erl in the park h-qrbor,
whether .at a cikv boat dock_, city linear rnooraoe. or otherwise. for a period
exceeding 48 houxs sh~n not be removed by the city. unless the city police
department shall have. posted a notice to remove the vessel or watercraft in a
conspicuous m~nner 'on th~ ~me or notified the registered owner m remove the
vessel or watemraft. Such notice shall be by certified mail, return receipt
requested, addressed to the owner at 1~ the ow:n~er's last address known to the city
or as shown by any Coast Gmard regiswation. Each personwho.sh~ll moor or tie
up a separate vessel or ~ to a city boat dock or city linear mooraoe in the
poik harbor shall immediately complete and 'sign a wr'nxta, check hjegistra~on
form made available by the city at the boat decIt, and af~ and deposk m aloug
with the requ~ ed fee established by resolution in the box provided. It is unlaw~~
to moor or fie up to a eit'v boat dock or cit~ linear mooraoe in the park harbor
without complying with this provi~on,' and failure tO a o so or to fully ¢omp!em a
registration form and deposk the required fee while moored or fled up shall be
prima facie evidence of having moored or tied up in violation of this chapter.
Section 4,
follows:
Section 12.24.065 of the Bahbridge Island Municipal Code is mended as
A. No person shall moor or fie a vessel or watercraft to the Ea~c Ilaxls or
Whterfront Park boat dock 9r the city linear moonpc for more than .~ hours at a
time, nor for more than 48 hours within any seven day period.- The police
department is authorized to impound and remove vessels and watercr'a~ in violation
of this section without the notice rextuirements set forth in Section 12.24.050 and
12.24.060; provided, however, thai signs notifying the public of the requizemem
of this section have been posted in a conspicuous place or places on or near the
boat dock or linear mooraoe.
Each person who st~l moor or tie a separate vessel or watercraft to the boat dock
or the linenr meora c, e shall immediaely complete ~ sign a registration form made
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available by the City at the boat dock, and af-tix ~ deposit lhe 'same along with
Me required fee established by resolution in the box provided. It is vnlaw/ul to
moor or tie up to the dry boat dock or linear moorage without complying with this
provision, and failrare to do so while moored or tied up slmll be prima facie
evidence of tinring moored or fled up in violation of this chapter.
B. It is unlawful to moor or tie up any vessel or watercraft to the city boat dock
or city linear moorag, c: ..
1. For purposes of vessel or watercraft construction;
2. For pro'poses Of sale of a vessel or wa~ercr~, or conducting sales
therefrom;
3. Without first protecting the city boat dock or dt7 linear mo6raoe
from damage or wear and tear with adequate fenders or bumpers;
4. If the vessel or watercra~ blocks me of the public boat ramp at
Eagle IIarl, o~ Waterfront Park except during the removal of the vessel or
watercraft; .
5. For purposes of or in connection with a business or commercial
venture or if it is a commercial or br~-~n~s craft without a'special use
permit;
6. If such vessel or w~trcnft a~ 70 f~t in length at th~ longest
point, widaou.t a special tt~
7. If such vessel or watercraft is a houseboat or barge; or'_.
8. By rafting more t__han two boats deep.
.S~don 5.
as follows:
Section 12.24.100A of the Bainbridge gland Municipal Code is amended
A. Vessel or wateraafl may also use the ci~ boat dock. city. l!!!.ear moorage,
or gublic, ~ harbor upon application to the city on appropriate city forms, and
approval by the dkector Or his designs, for special events. A special use permit
shall be issued, upon such approval, dcsi~aring tlnt portion of the city boat dock
ci~ liner mooraoe, or public ~ lmrbor to bc used. It is realawful for any person
to moor or tie a vessel or watercraft in such an area desi_maated by a special event
notice, without first having obtained such special use permit.
Section '6,
follows:
Section 12.24.110 of the Bahbridge Island Municipal Code is mended as
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·
A, No person shall moor or tie a din.~x_oy at the city boat dock or city_ |in~r
moora~c, or in publi~ the p~rk harbor except in the areas designa~ for s~me.
DLu_~de3 may be rafi~ three de-:p._ in such designaxed areas by
B. No dinghy shall be moor~ or fled by any person so as to block the boat
launch ramp. except for imrn~te loading or unloading.
,
· .
C. Dinghks shall not be required to re~ as pm~ for herein, unless for
purposes of a spedal event.
_ ,
D. Ne dinghy shall be left tm,_-~ttended at the city beat dock or dtv !inea~_
moorage. or in .the public park harbor for mor~ tSan 48 hom's.
· E. Any dinghy moored or tied contrary to the provisions of thi~ chapter or of
:my posted ~ shall constitute a nuisan~. :
F. Dinghies mocr~, fled, or k.fl unattem~ed in the lmEic ~ harbor or at the
city boat dock or civ linear moora.e in violation of th~ Scion shall be removed
and ~1331ded in accordnnce ~dth-~c procrf~r~s f~ ]n~l~O, nndiqlg VeSSelS alld .
Water~rat~ in BLMC 12.24.050 fi~rough 12.24.0 1~, to the mt applicable;
pmvidd, thai the no~cp requirem~t-~ in BLMC 1/14.850 taxi 11.24:060 Shall not
apply to the nmmv~ mt ~o. und of ,~.Eh{es'viohthg r~bsections B or D of this
section if ~ notifying the public of the requirements of ~-~ section have been
pesr~ in a campic~c~s pl~ or plnc~ on or he= ~he bo~ dock.
Secfi_~ 7.
Waterfront ZPark '-
The tirk 0f Chapre' 12.24 BIMC shall be ~m~,~Med w mad 'E~jIe Ilmbc,
Section 8. This orrH-mwe ~all take effect and be in force five days from and after its
passage, approval ~ud publication as required by law,
PASSED by the Chy Council tiffs lstday of_ dCtober ,1997.
APPROVED by the Mayor this 2nd day of October , 1997.
Dwxght Sutton, y
~p. Kaspcr, City Clerk
DC.,CS\947Ce,101~0143991.01 - 4 -
10,'10.'97 11:37 FAX 425 635 7720 INSLEE BEST
APPROVED AS TO FORM:
Rod P. Kase~mm, City A~omey
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PLrBLISHED: October 7, 1998
EFFECTIVE DATE: oct obe r 12,
ORDINANCE NO.: 98-43
October 1, 1998
October 1, 1998
1'998
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