ORD 96-39 LIVE-ABOARD VESSELS OUTSIDE OF MARINASORDINANCE NO. 96-39
AN ORDINANCE of the City of Bainbridge Island, Washington, relating
to live-aboard vessels outside of marinas, and requiring the removal
of such vessels within the City limits.
WHEREAS, on August 18, 1996, the City Council approved Ordinance No. 95-38,
adopting the Shoreline Master Program; and
WHEREAS, the previous Shoreline Master Program adopted by Ordinance No. 90-17,
did not permit live-aboard vessels, except at marinas; and
WHEREAS, the Shoreline Management Act and its implementing regulations, as
interpreted and applied by the Washington State Department of Ecology, do not allow live-
aboard vessels outside marinas located within the City; and
WHEREAS, as of the date this ordinance is adopted, there are live-aboard vessels
moored outside marinas located within the City; and
WHEREAS, the City intends to provide person(s) currently residing on live-aboard
vessels with a fair and reasonable time to be relocated; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN, AS FOLLOWS:
Section 1. All owners of live-aboard vessels located outside marinas as of the date of
passage of this ordinance shall have sixty (60) days from the effective date of this ordinance to
be registered with the City on forms approved by the City. Vessels not registered within 60
days from the effective date of this Ordinance shall be in violation of the Shoreline Master
Program and will be required to leave immediately. To register, the owner shall provide the
vessel license number, the names of the vessel owners and occupants and any other information
deemed relevant and necessary by the City. The owner must demonstrate that the vessel has a
U.S. Coast Guard-certified Marine Sanitation Device. The term "live-aboard vessel" shall have
the same meaning as the definition of that term in the Shoreline Master Program adopted by
Ordinance No. 96-38. The live-aboard vessel shall satisfy, for the year 1996, the sixty (60) day
full-time occupancy requirement of that definition prior to the date of passage of this ordinance.
The owner of the vessel shall certify under penalty of perjury under the laws of the State of
Washington that the sixty (60) day requirement has been met. Vessels not in the harbor as of
the date of passage of this ordinance, but which otherwise meet the conditions herein, must
register with the City within (14) days of their return to the harbor but no later than February
1, 1997.
Section 2. The City shall have the right to specify a certain location for all registered
live-aboard vessels.
Section 3. All registered live-aboard vessels must be in compliance with the Shoreline
Master Program on or before May 1, 1998.
Section 4. The City Clerk shall publish this ordinance as required by state law. In
addition, the City Clerk shall publish a notice of the registration requirements once each week
for two consecutive weeks following the effective date of this ordinance.
Section 5. The City shall attempt to deliver notice of the registration requirements and
time frame by which live-aboard vessels must relocate to all vessels that are affected by this
ordinance.
Section 6. The penalty for violation shall be pursuant to Section 1.24 of the Balnbridge
Island Municipal Code.
Section 7. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication, as required by law and live-aboard vessels shall have sixty
(60) days from that effective date to be registered with the City on forms approved by the City.
PASSED by the City Council this 21st day of November, 1996.
APPROVED by the Mayor this 251h day of November, 1996.
ATTEST/AUTHENTICATE:
SUSAN P. KASPER, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
POSTING:
EFFECTIVE DATE:
ORDINANCE NO.
August 17, 1996
November 21, 1996
November 27, 1996
November 27, 1996
December 2, 1996
96-39