ORD 2007-01 MOORING VESSELS AT CITY FACILITIES
ORDINANCE NO 2007-01
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to mooring vessels at the city's docks or on the city's
linear moorage facilities, and amending sections 12.24.010,
12.24.020, 12.24.030, 12.24.040, 12.24.050, 12.24.100, 12.24.120
of the Bainbridge Island Municipal Code.
WHEREAS, the City Council is authorized to modify the City code in accordance with
Washington State laws;
WHEREAS, the City, in the exercise of its police power, assumes power and jurisdiction
over all waters, within its limits, as authorized by statute;
WHEREAS, the City Council is responding to widely expressed sentiments from
Bainbridge citizens that, prior to the implementation of the approved Anchoring and Mooring
Plan, management of our harbors must be brought into conformance with the operational tenets
of the adopted Anchoring and Mooring Plan;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DO ORDAIN, as follows:
Section 1. The title of this chapter is hereby amended to read, "Waterfront Park and
Other City Harbors."
Section 2. The definition of "City boat dock", section 12.24.010.C, is hereby amended
as follows:
C. "City boat dock" means any public city dock located in the waters of the City of
Bainbridge Island.
Section 3. Section 12.24.020 of the Bainbridge Island Municipal Code is amended as
follows:
12.24.020 Applicability.
The provisions of this chapter shall be applicable to all vessels and watercraft in the
harbors of the city.
Section 4. Section 12.24.030 of the Bainbridge Island Municipal Code is amended as
follows:
12.24.030 Authorization.
The city, in the exercise of its police power, assumes control and jurisdiction over waters
within the city's harbors.
Section 3. Section 12.24.040 of the Bainbridge Island Municipal Code is amended as
follows:
A. Sunken vessels or watercraft shall be public nuisances. The owner of any sunken
vessel or watercraft shall raise and remove the sunken vessel or watercraft within 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, including, but not limited to, weather, the difficulty of
removal and the degree of the public nuisance. Failure to raise and remove a sunken vessel or
watercraft within the time required by the city shall be a civil infraction. If the owner fails to
remove the sunken vessel or watercraft, or if the owner cannot be ascertained, the city may
remove the vessel or watercraft and dispose of the vessel or watercraft and its contents in
accordance with Chapter 6.32 RCW.
B. Any vessel or watercraft dragging its anchor or mooring in such a manner as to
impede navigation or endanger other vessels or improvements shall be considered a nuisance. If
the owner fails to secure the dragging vessel or watercraft, or if the owner cannot be ascertained,
the city may remove the vessel or watercraft and dispose of the vessel or watercraft and its
contents in accordance with Chapter 6.32. RCW.
C. Abandoned floats, buoys, and all other structures used for the purpose of anchoring or
mooring vessels or watercraft of any kind shall constitute public nuisances. For the purpose of
this 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 shall be
deemed to have committed a civil infraction and shall immediately remove such nuisances. If
the person or person causing or permitting such nuisances cannot be ascertained or located, the
city may remove, or cause to be removed, the nuisances. The methods 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 12.24.115, any vessel or watercraft that is left
unattended in the Waterfront Park harbor, whether at a city boat dock, linear moorage, or
otherwise, for a period exceeding 48 hours shall constitute a public nuisance and the owner of
such vessel or watercraft shall be deemed to have committed a civil infraction. The city may
remove or cause to be removed these nuisances as provided in BIMC 12.24.050.
Section 4. Section 12.24.050 of the Bainbridge Island Municipal Code is hereby
amended to read:
12.24.050 Moored or anchored vessels or watercraft.
A. Excepted as permitted by BIMC 12.24.115, vessels or watercraft shall not be moored,
anchored, or left unattended in waters within the Waterfront park harbor for a period exceeding
48 hours. Vessels or watercraft moored or left unattended in the park harbor in violation of this
section shall be subject to the impound rules and regulations contained in Chapter 12.40 BIMC.
B. No person shall moor or tie a vessel or watercraft to the city boat docks or the city
linear moorage for more than 48 hours at a time, nor for more than 48 hours within any seven-
day period.
Section 5. Section 12.24.110 of the Bainbridge Island Municipal Code is amended as
follows:
12.24.110 Use of dinghies.
A. No person shall moor or tie a dinghy at the city boat docks or city linear moorage or
in the Waterfront Park harbor except in the areas designated for same. Dinghies may be rafted
three deep in such designated areas.
B. No dinghy shall be moored or tied by any person so as to block the boat launch ramp,
except for immediate loading or unloading.
C. Dinghies shall not be required to register as provided for herein, unless for purposes
of a special event.
D. No dinghy shall be left unattended at city boat docks or city linear moorage between
the hours of 12:30 a.m. and 5:30 a.m. unless registered for overnight moorage or allowed
pursuant to a city moorage agreement.
E. Any dinghy moored or tied contrary to the provisions of this chapter or of any posted
signs shall constitute a nuisance.
F. Dinghies moored, tied, or left unattended in the park harbor or at the city boat docks
or city linear moorage in violation of this section shall be removed and impounded in
accordance with the procedures for impounding vessels and watercraft in BIMC 12.40 to the
extent applicable; provided that the notice requirements shall not apply to the removal and
impound of dinghies violating subsections B or D of this section if signs notifying the public of
the requirements of this section have been posted in a conspicuous place or places on or near the
docks.
Section 6. Section 12.24.120.A of the Bainbridge Island Municipal Code is hereby
amended as follows:
A. Any person committing overtime parking or illegal parking under BIMC 12.24.040,
12.24.100 or 12.24.110 shall be guilty of a civil infraction and shall be fined in an amount not to
exceed $100.00.
Section 7. This ordinance shall take effect on and be in force five days from and after its
passage, approval, and publication as required by law.
PASSED by the City Council this 28th day of February 2007.
APPROVED by the Mayor this 1 st of March 2007.
D~~7
ATTEST/AUTHENTICATE:
"10~ '""b. \n.,,;)~~
Rosalind D. Lassoff, City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NUMBER:
December 6, 2006
February 28, 2007
March 7, 2007
March 12, 2007
2007-01