ORD 98-47 IMPOUNDMENT & REMOVAL OF VESSELS & WATERCRAFTORDIN.~NCENO.
AN ORDINANCE of the City of BaShbridge Island, Washin~on,
relating to the iml~nndme-nt and removal of vessels, watercraft and
other floating structux'~; adding new Sections 12.40. I00 and
12.40.110, 12.40.120 and 12.24Zl15; amending Sections
12.24.040, 12.24.050 and 12.24.090; and npealing
12.24.060, 12.24.065, 12.24.070, 12.24.080 and 12.24.085 of the
Barnbridge Island Municipal Code.
WHEREAS, Chapter 12.24 BIMC curren~y authorizes law enforcement officials to
impound vessels and watercraft that are in violation of certain regulations; and
W'H~S, the City Council has determined that k is in the best interests of the City to
~utho.fize law enforcemeat officials to imp~ vessels and watercraft in additional situations and
to kmpou.~_,~l ve3~Is -and watercra~ in Flace~ and m move th~ impound provisions to Chapter 12,40
B1MC; now, tt~erefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section L
as follows:
A new Section 12..40.100 is adde~ tO the Bainbridge ISland M, micipal Code
Im~undment.
A. The city, and its local law en_force-ment o_B=i_c~al~_ m~_y take irnm._.~jiate
possession of and impound any vessel or watercraft located in any waters within
the city's jurisdiction when:
1. The operator or owner 0f the veSSel or watercraft is incapable of
safely operating the vessel or watercraft or is heapable of directing the disposition
of' the vessel or watercraft;
2. The operator or owner of the vessel or watercraft refuses to sign a'
Cim_y. iiOn Or noh_'_ce of civ;_l in~t~on, Or re.6~es or neg!_-~$*~.s to obey' an order of any
local law enforcement official to proceed from or to an area following a citation or
ci vil infi:action or in an emergency;
3. The operator or o~mer operates the vessel or watercraft in a
a¢~igent, reckless or other manner SO as tO endanger the safety of others or to
unreasonably interfere with the navigation of other wa~ercraf¢ and vessels, and the
local law enforc,~ent off. cial believes such operaion of the vessel or watercraft
would continue unless the vessel or watercraft is impounded;
DOCS\94700XIOB0164625.01 01/21/g9 - 1 -
4. The vessel or watercraft in operation is unsafe for water transportation; or
5. The vessel or watercraft is obstructing a launch area, ferry dock or public
dock, or is trespassing or blocking ingress and egress on private property.
5. The vessel or watercraft has remained at a city dock or linear moorage for
one hour longer than the maximum mooring or anchoring time, or is otherwise moored or
anchored in violation of BIMC 12.24.050(B); provided, the city shall post signs in a
conspicuous manner on or near the city dock and linear moorage which notify the public
that vessels anchored or moored in violations of the city's dock or moorage requirements
shall be removed or impounded by the city.
7. An unattended vessel or watercraft is a navigational hazard or threat to
public safety, or must otherwise be impounded or removed in response to an emergency
situation.
B. The city and its local law enforcement officials may take possession of an
impound a vessel or watercraft located in any waters within the city's jurisdiction upon
10 day' s notice to the owner of the vessel or watercraft when the vessel or watercraft is
abandoned, or is moored or anchored in the park harbor for one hour longer than the
maximum mooring or anchoring time, in violation of BIMC 12.24.050(A). For the
purposes of this subsection, a vessel or watercraft that is left unattended for more than
thirty consecutive days shall be deemed abandoned.
If a vessel or watercraft is to be impounded pursuant to this subsection B, the city
or its local law enforcement officials shall notify the owner of the vessel or watercraft of
the pending impound by posting a notice in a conspicuous manner upon the vessel or
watercraft and also by mailing the notice, via U. S. certified mail, return receipt
requested, to the registered owner of the vessel or watercraft at the owner' s last known
address. The notice shall contain the following information:
1. The date and time the notice was attached;
2. The identity of the city official attaching the notice;
3. The nature of the violation for which the vessel or watercraft is subject to
removal or impound by the city;
4. A statement that if the vessel or watercraft is not removed within 10 days
from the date and time the notice is attached, the vessel or watercraft may be removed or
impounded and stored at the owner' s expense, and that such expense will constitute a lien
on the vessel or watercraft; and
5. The address and telephone number where additional information may be
obtained.
-2-
U-on the if&Ira'e, neg!~,.~ or r,-~,-:,l of any owner to remove the owner's vessel or
p
watercraft WiThin 10 days after the date the notice was posted and placed in the
U.S. mail as provkled by this subsection, the city and its local law enforcemere
officials shall be anthorized to remove or impound the vessel or watercraft in the
manner provided by this section.
C. In lieu of removing or towing a vessel or watercraft putsurest to this sec~on,
the city and its local law emforcement officiais may impound any vessel or
wamrcraft in place by pos",mg one or more signs or notices in conspicuous places
an the vessel or watercraft that read: "POLICE IMPOUND- K'EEP OFF." Upon
the posting of an impound, notice, it shall be unlawful for any person:
1. To move, load, unload, rebuild or enter upon such vessel or
watercraft without written permission from the city, other than for necessary
maintenance and repair to prevent the deterioration or sinking of the vessel or
watercraft; or
2. To remove, mufila~, destroy or conceal any notice or si~_.. posted
by the city pursuant to this section-
The city and its local law anforc~ment officials, in their discretion, may appoint the
owner or operator of the facility or property at which the vessel or watercraft is
moored or anchored as custodian of the irr~,tmded vessel or watercraft.
D, At the time of the impound of a vessel or watercraft pursuant to subsections
A through C above, the city or its local law cnforceamI officials shall provide the
ownear or operator of the vessel or wamrcraft v,~t~.a noti~ of the impo~d. If the
owner or operator is not present, the notice shall be mailed, via certified mail,
re_m_m receipt requested, to the registered owner of the vessel or watercraft at the
owner's last known address. Such notice shall state the date and time of the
irnpo~, the identi~ of the city official impounding the vessel or watercraft, tim
nature of tlae violation for which the vessel or watercraft was impounded,
Luformation on how and where to redeem the impounded vessel or watercraft, the
owner's right to a h.eafing on the impound pursuant to Chapter 12.40 BIMC, a
hearing request form, and the address and telephone number where additional
information may be obtained.
E. The city and it_.,_ lc~.a! law en_forcemem officials shall hav_e the authority. to
remove or tow any vessel or watercraft pursuant to this section by using such
methods necessary to preveat unnecessary ttarn~ge to the vessel or watercraft'.
Alternatively, th~ city and its local law enforcement officials may assign the
removal and impound of the vessel or watercraft to a private corporation.
DOCSL~700%I01\0164625.01 01/21199 - 3 -
F. The city shall not be responsible for damages incurred as a result of the
impoundment of a vessel or watercraft.
G. Notwithstanding any other provisions of this chapter, this section shall not
apply to resident anchor-out live-aboard vessels.
Section 2. A new section 12.40.110 is added to the Bainbridge Island
Municipal Code as follows:
12.40.110 Creation and foreclosure of lien.
A. The expenses incurred by the city in removing, impounding and mooring
any vessel or watercraft pursuant to this chapter shall be borne by the owner of the
vessel or watercraft. When a vessel or watercraft is moored or impounded at a
city facility, the city shall assess a reasonable moorage charge established by
resolution. The expenses incurred by the city in removing, impounding and
mooring the vessel or watercraft, and the city' s moorage charge, if applicable,
shall constitute a lien against the vessel or watercraft and shall be paid in full by
the owner of the vessel or watercraft prior to the city' s release of the vessel or
watercraft.
B. If an impounded vessel or watercraft is not redeemed within 60 days after
the date of impoundment, the lien upon the vessel or watercraft arising under this
chapter may be foreclosed by the city pursuant to Chapter 60.10 RCW.
C. Funds received from the sale of a vessel or watercraft pursuant to this
section shall be applied towards payment of the costs and fees incurred by the city
in removing, impounding and mooring the vessel or watercraft, to the city' s
moorage charges, if applicable, and to the costs of foreclosure, including
reasonable attorney' s fees. The city may maintain an action against the owner of
the vessel or watercraft to recover the expense of removing, impounding and
mooring the vessel or watercraft, the city' s moorage charge, and the costs of
foreclosure of the lien, if not fully satisfied by the sale of the vessel or watercraft.
D. Any remaining proceeds from the foreclosure sale of a vessel or watercraft
shall be remitted to the owner of the vessel or watercraft, if known. If the city is
unable to locate the owner of the vessel or watercraft, the remainder of the
proceeds from the sale shall be retained by the city for six months, and shall be
released to the owner upon sufficient proof of ownership. If the six month period
expires without the owner of the vessel or watercraft claiming the remainder of
the proceeds from the sale, the funds shall be deposited into the general fund of
the city.
Section 3. A new Section 12.40.120 is added to the Bainbridge Island
Municipal Code as follows. -4-
12.40.120 Impound Hearing
A. Any owner of a vessel or watercraft that has been impounded pursuant to
thls chapter may request an impound hearing in the Bs~nhridgc Island municipal
court to contest the propriety of the impound.and the mount of the impound and
storage fees. "
B. Any request for an impouM hearing pursuant to this section shall be made
in .writing on the form provided by the ¢i.ry, .._and_ must be received by the municipal
court within 21 days of the date that the notice of the right to a hearing was
provided to the person seeking to challenge the impound or amount of the impound
and storage fees. If the impound hearing request is not r~eived by the municipal
court within the 21-day period, the right to a hearing is waived and the owner of
the vessel or watercraft is liable for any removal, storage or impound charges
perm~tl~ by tiffs chapter. Upon receipt of a timely request for an impound
txeariug, the municipal com-t shall proceed tu hear and determine the propriety of
the impound.
C. The municipal court, within five days after it receives a request for an
izxpound.heazkLg, sha.ll no~ the person requesting ~ hearing and the dry in
v,~'iting of the hearing date and tinre.
D. At the hearing, the person or persons requesting the hearing rnny produce
any relevant evidence to show that the removal, impound, or storage fees charged
were not proper. The city has the b~d~ of proving a valid impound and
reasonable fees by a preponderance of the evidence.
E.. At the conclusion of the hearing, the municipal court shall determine
whether the impound was proper, whether the removal; impound or storage fees
charged were proper and who is responsible for the payment of the fees.
F. If the iml',ound is found proper, the xemoval, impound and storage fees as
permitted under this chapter together with court costs rrmy be assessed against the
person or persons requesting the hearing.
G, If the im~,~ is foupA to be in vioh~on of tb.~s code, then ~ owner of the
impounded vessel or watered shall not be responsible for any removal, impound
or storage fees, and any security. shall be reuxmed or discharged as .appropriate, and
the person or agency who authorized the impound shall be liable for any removal,
storage or other impoundment fees permitted under this chapter.
Section 3.
follows:
Section 12.24,040 of the Bainbridge Island Munidpal Code is amended as
IX3CS'kq~700\101\0162369.02 5
.,-
A. Sunken vessels or watercraft shalI be public nuisances. The owner of any
sunken vessel or watercraft shall raise and remove the s-nken vessel or watercraft
with~ a reasonable time after the sinking of the vessel or watercraft. The time in
which an owner shall have to remove the sunken vessel or watercraft shall be
determined by the city, based on the circumstances surrounding the removal,
inch~cting, but not limited to, weather, the difficulty of removal and the degee of
the public nuisance. Failure to raise and remove a stmken vessel or watercraft
with, in_ the time requir~ by the city shall be a ci,:il infraction. If th~ o,~mcr faih
to remove-the s-nlcen vessel or watercraft, or if the owner cnnnot be ascertained,
the c_' _ny my remove .the vesse/or watercraft and dispo. se of the vessel or watercraft
and its cOntentS in acCOrdance with Chapter 6.32 RCW.
B. Refuse of all kinds, structures or pieces of any structure, dock sweepings,
dead fish or parts thereof, timber, logs, piles, lumber, boxes, empty conta_incrs and
oil of any kind, and all other sabstance~ or articles of a simibr nature, floating
~mcontrolled on the water, ~haU be public nuisances. It shall be a misdemeanor for
a.ay person to throw or plac~ in, or cause or permit to be thro~m or place, any of
the above-mentioned articles in the waters within the city' s jurisdiction, or upon
city, shores or in such a position that the same may or can be washed into ci~
waters or Shores, either by hi~ tides, storms, floods or otherwise.
C. Abandoned floats, buoys and all other structuxes used for the purpose of
attclxoring ot mooring vessels or watercraft of any kind shall constitute public
nuisances. For the purpose of thtq section a float or buoy is "abandoned" if it is
not registered with the Department of Natural Resources and has not been used for
more than 30 consecutive days. Any' person causing or permitting such nuisances
to be placed in the waters within the city's jurisdiction shah be deemed to have
c~__zaiued a dvil infraction and shall immediately remove such nuisances. If the
person or persons causing or permitting such nuisances canno~ be ascertained vr
locamd, the d~y my remove or came m be removed the nuisances. The methocLs
for disposing of the abandoned floats or buoys shall be governed by the provisions
of Chapter 6.32 RCW.
D. Except as permitted by BIMC 12.24.1 I5, any vessel or watercraft that is
[eft unattended in the paxk ~, whether at a city boat dock, linear moora~e, or
otherwise, for a period exceeding 48 hours shall constitute a public nuisance and
bh-", owner of su~ vessel or wam~a.~ shall be deemed to have co-remitted a civil
~fi'action. The city may remove or cause to be removed these nuisances as
provided in BIMC 12.24.050.
Section 4,
follows:
Section I2.24.050 of the Bainbridge Island Municipal Code is mended as
12.24.050 Moored or Anchored Yessels or WatercraR
D0CS',9470tJ',I01~161.~9.~ 6
.
A :v~,, 1~,-~,~ by BLMC 12.24.115, vessr_Is o~ wa~-:~ shrill ~ot
moored, uchorcd, or le~ unaue~ed ~ w~s with~- ~ ~e p~k ~~r for a
~od ex~ing 48 ho~s- V~c~ or w~r~ ~or~ or I~ ~K~ded
p~k h~bor ~ ~ol~on of thi~ s~on ~ be subj~ m ~ impound ~es
r8~l~~ c~t~in~ ~ Ch~t~ 12.~ B~C.
B. No person Shall moor or tie a vessel or watercraft to the city boat dock or
the city linear moorage for more Jhs, 48 horus at a time, nor for more tlmn 48
.-
hours with{n any seYeI}-day period.
_.
Each person who shall moor or fie up a sepm'ate vessel or watercraft to the
city, boat ~l~k or .the city. linear moorage .~h~n immediately complete and sign a
registration form made available by the city at the city boal dock, and shah affix
and deposit the same along with the required fee established by resolution in the
box provided. It is unlawful to moor or tie up to the city boat dock or linear
moorage without complying with th{~ provision, and fafhm~ to do so while moored
or tied up to the city boat dock or linear moorage shall be prima facie evidence of
having moored or tied up to the dry boat dock or linear moorage in viohtion of
this chapter.
lz is unla~ m moor or fie up any vessel or waU:rcraft to the city. boat dock
or city linear moorage:
2.
therefrom;
For purposes of vessel or watercraft constm~on;
For purposes of sale of a vessel or watermmft, or conduction sales
3. Without first protecting tt~ city boat dock or linear moorage from
damage or v-ear and tear wit. h adequat~ fenders~ or b~;
4. If the vessel or watercraft blocks use of the public boat ramp at
Wat-_er~ont P~rk, except during ~e removal or the vessel or watercraft;
5. For purposes of or in connection with a business or commercial
venture or ff it is a commercial or business craft without a special use permit;
6. If such vessel or watercraft exceeds 70 feet in length at the longest
point, without a special use permit;
7. If ~ vessel or watercraft is a ho~at or barge;
8. By rafting more than two boats cle~,.
Vessels or watercraft moared or tied-up in vioh~on of this section shall be
subj~t to towLag ~and im!xm~-amem und6r Chapter 12.40 BIMC.
SeCt_ion 5,
follows:
Section 12.24.090 of the Bahbridge Island Municipal Code is mended as
Nothing in thi.~ rifle shall be interpreted to prohi'bit the city from bringing an action
to abate a nuisance in the manner provided by law. The abatemat of any public
DOCS\94700\ lo 1~ 162369.0'2
/ m
m:issnce heye;.- shal! not excuse the person respons~!e therefor from Fosecution
under this section.
Section
as follows:
A new SectioB 11.24.115 is added to the Bainbridge Island M~_micipal Code
Unattended Vessels or Watercraft-
The city, in its discretion, may designate a specific area within Eagle.
Harbor for the anchoring or mooring of vessel or watercraft to be left nn~-ttended
in city waters for more than Thirty days. Upon such designation, vessels oT
watt.or/aft to be left unattended for mor~ than thirty days shall be pared to
anchor in the designated area only, and shall be subject to the anchorage or
mooring fee as established by resolution; provided, that this section shall not apply
to vessels or watercraft which are property moored or anchored in private marinas.
Sect[on 7. Sections 12.24.060, 12.24.065, 12.24.070, 12.24.080 and 12.24.085 of the
Bainbridgc Island Municipal Code are repealed.
Section 8. This ordinance shall tak~ effect and be in force five days from and after its
passage, approval nnd publication as required by law.
PASSED by the City Council this 4th day of February , 1998.
APPROVED by the Mayor this_ 5th day of February_ , 1998.
' ~,~tt0n,
ATTEST/AUTHENTICATE:
Shsan P, K'~, City Clerk
A~PPROVED AS TO FORM_:
Rod P. Ka~eguma, City Attorney
DOCS\94700\l 01M} 162369.02