ORD 99-24 RESIDENT ANCHOR-OUT LIVE ABOARD VESSELS· ORDINANCE NO. 99 - 24
AN ORDINANCE of the City of Bahbridge Island, Washington,
relating to resident anchor-out live-aboard vessels; amending
Section 12.40.080 of the Bainbridge Island Municipal Code; and
repealing Section 12.40,070 to the Bainbridge Island Municipal
Code.
WHEREAS, the city council wishes to extend, subject to the Washington State
Department of Natural Resource's enforcement of its ownership rights in the
Eagle Harbor bedlands, the privileges of anchoring or mooring resident anchor-
out live-aboard vessels in Eagle Harbor to owners of resident anchor-out live-
aboard vessels who previously registered their resident anchor-out live-aboard
vessels with the city pursuant to law; and
WHEREAS, the city council wishes to create interim rules for the
management of resident anchor-out live-aboard vessels located in Eagle Harbor
until final rules may be adopted by the city council upon recommendation of the
harbor commission under the harbor plan; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 12.40.080 of the Eainbridge Island Municipal Code is
amenclod as follows:
12.40.080 Resident anchor-ore five-aboard vessels.
A. For the purposes of this section, "resident anchor-out live-aboard vessel"
("live-aboard vessel") mean~ (1) a vessel licensed, if applicable, and designed for
use as a mobile structure, with adequate self-propulsion and steering equipment to
be operated as a vessel, but which is principally used as an over-water residence
or (2) floats and barges used as residences that were present in city waters on
September 7, 1998. Principal use as an over-water residence means essentially
full-time occupancy within the city's jurisdiction for a total of more than 60 days,
whether or not consecutive, in any calendar year.
B. Notwithstanding any other provision in this section, the registration, renewal
of registration and location requirements of subsections C through I of this section
shall not apply to live-aboard vessels that are properly moored or anchored in any
private marina.
C. Those live-aboard vessels which were present in city waters on September 7,
1998, or were registered with the city on or before September 7, 1998, shall be
p~miitted to remain in Eagle Harbor pursuant to the conditions and regulations
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provided by this chapter; provided, that nothing in this chapter shall be construed
as limiting, usurping or prejudicing the Washington State Depmlment of Natural
Resource's ownership rights in the bedlands of Eagle Harbor or the dep~uLhnent's
ability to enforce these rights against the otherwise permitted live-aboard vessels
in Eagle Harbor; and provided ~_rther, that live-aboard vessels which are
pe~:.,itted to remain in Eagle Harbor pursuant to this chapter shall be subject to
any further terms and conditions imposed upon the vessels by the city purs~_mnt to
any leasehold interest in the Eagle Harbor bedlands that the city may acquire from
the Washington State Department of Natural Resources subsequent to the effective
date of this ordinance. Except as provided by subsection H of this section, an
owner of a live-aboard vessel which was not present in city waters on September
7, 1998 or registered with the city as of September 7, 1998, must immediately
remove the live-aboard vessel from the waters within the city's jurisdiction.
D. Those live-aboard vessels which are pem~itted to remain within 'the city's
jurisdiction pursuant to this chapter may anchor or moor only in Eagle Harbor and
only at the location or locations designated by the city, as provided in this section.-
The general anchorage location of permitted live-aboard vessels within Eagle
Harbor shall be determined by the city council upon recommendation of the
harbor commission. The specific anchorage location of each individual live-
aboard vessel shall be deten. ined by the city administrator. The designated
anchorage location or locations shall be limited to an area or areas where the
presence of the live-aboard vessels shall not compromise the public's interest in
water-dependent navigation, commerce, environmental quality and other related
considerations.
Until such time as the city designates the general and specific anchorage
locations within Eagle Harbor pursuant to this section, the live-aboard vessels
permitted to remain in Eagle Harbor pursuant to this chapter shall remain in the
location they occupied as of the passage date of this ordinance; provided, that any
live-aboard vessels which are not located within Eagle Harbor as of the passage
date of this ordinance shall move to a location within Eagle Harbor, as designated
by the city administrator.
Upon the city's designation of the general and specific anchorage locations of
the permitted live-aboard vessels, each owner of a live-aboard vessel shall move
the owncr's live-aboard vessel to the designated anchorage location within one
month of the designation and shall not be pe,n.itted to moor or anchor the live-
aboard vessel in any other area within Eagle Harbor.
E. The city administrator or the city administrator's designee shall maintain a
registration log of those live-aboard vessels pe,.,itted to remain within Eagle
Harbor pursuant to this chapter. The city's registration log of peKaiitted live-
aboard vessels shall annually be renewed by the city clerk during the month of
January. At the time of the annual registration update, owners of permitted live-
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aboard vessels shall pay a registration renewal fee as established by resolution.
The registration renewal fee shall be in addition to any lease payment or permit or
licensing fee impo. sed by the state or the city.
F. An owner of a permitted live-aboard vessel who removes the live-aboard
vessel from Eagle Harbor for a period longer than 130 consecutive days, as
determined by the chief of police or designee, shall forfeit the live-aboard vessel
registration privileges under thin section; provided, that vessels used for
commercial fishing may be absent for a period of 150 consecutive days without
forfeiture. Exceptions for absences supported by good came, including, but not
limited to, emergency rebuilds, may be allowed by the city administrator or
designee in the city administrator's or designee's discretion.
G. The registration privileges provided by this section are nontrannferable and
may not be assigned, conveyed or otherwise transferred to another person.
H. The owner of any live-aboard vessel that is not pe~'niitted to remain in Eagle
Harbor pursuant to subsection C of this section may apply to the city clerk for
live-aboard vessel registration privileges. The city clerk shall maintain a walling
list for those additional live-aboard vessels, and any registration privileges issued
after the effective date of this ordinance shall be on a first come, first serve basis.
No additional live-aboard vessels shall be pet/nitted to register with the city, or to
moor or anchor in Eagle Harbor, unless and until the future number and permitted
location of the live-aboard vessels in Eagle Harbor have been detel~nined by the
city council.
I. No more than one access float and two dinghies or serfs per live-aboard
vessel shah be permitted. Ownership of the dinghies and skiffs shall be clearly
identified; unidentified dinghies and skiffs shall be impounded. The total surface
water coverage for a live-aboard vessel and accompanying float and dinghies or
serfs shall not exceed 1000 square feet.
J. No owner, operator or occupant of any live-aboard vessel shall discharge
sewage or dump, garbage into the water. All sewage generated upon any live~
aboard vessel shall be properly disposed of at a suitable upland sewage facility.
K. Unless otherwise provided by statute, regulation or ordinance, a violation of
any provision of this chapter shall constitute a civil infraction punishable by a civil
fine not to exceed $250.00, which shall be enforced as provided in Chapter 1.26
BIMC.
Failure to comply with the provisions of this chapter shall also constitute
grounds for the revocation of the live-aboard vessel registration privileges. A
notice of revocation of the live-aboard vessel registration privileges shall be in
writing, and shall be served upon the owner or operator of the live-aboard vessel
C:~d30CS\94700qOINOI79421.04 7/22/99 3
by personal delivery or by certified mail, return receipt requested. Any
revocation of live-aboard vessel registration privileges may be appealed to the
hearing examiner by the owner or operator of the affected live-aboard vessel by
filing a written notice of appeal with the city clerk within 15 days after the notice
of revocation is served upon the owner or operator. For the purposes of this
section, service of the notice of revocation shall be deemed to have been
effectuated on the date of personal delivery or three days after the notice is placed
in the rrmil.
S~fion 2.
repealed.
Section 12.40.070 of the Bainbridge Island Municipal Cede is
Section 3. This ordinance shall take effect and he in force five days from
and after its passage, approval and publication as required by law.
PASSED by the City Council this l~4th day of July
1998.
APPROVED by the Mayor this 22ridlay of July
ATTEST/AUTHENTICATE:
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
July 9, 1999
JUly 14, 1999
July21, 1999
July 26, 1999
99-24
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