Section
Rules and Regulations
92.01 General provisions
92.02 Harbor Commission
92.03 Organization of the Commission
92.04 Powers and duties
92.05 Definitions
92.06 Use of harbor facilities
92.07 Sanitation
92.08 Wheeled vehicles or devices and aircraft operation
92.09 Fire, safety, hazardous substances, and operations
92.10 Electrical systems
92.11 Permits
92.12 Business at harbor facilities
92.13 Vessel categories, charges, and fees
92.14 Enforcement
Fees, Rates, and Charges
92.25 Moorage fees
92.26 Billing for electrical use by moored vessels
92.27 Base fuel rates
92.28 Annual pass for launchpad, fishing cleaning station, and parking
RULES AND REGULATIONS
(A) Reference. This chapter shall be referred to as the harbor ordinance.
(B) Purpose. The purpose of these rules and regulations is to secure the most effective control and management of the harbor properties and facilities of the city.
(C) Application. These rules and regulations are applicable to all harbor properties and facilities of and in the city. All vessel owner/operators and persons entering or using the facilities shall be subject to the policies herein defined.
(D) Availability of chapter. Anyone may inspect a copy of these rules and regulations in the city hall office and copies may be obtained upon request.
(E) Construction. Unless otherwise required by the context or any particular provision, the words or phrases defined in § 92.05 of this subchapter shall have the meanings as set forth therein. The use of any gender shall include all genders; the singular shall include the plural and the plural shall include the singular. When used throughout this chapter, the terms “shall” is mandatory and “may” is permissive, and the provisions of this chapter shall apply to individuals, partnerships, associations, and corporations alike.
(Ord. 292, passed 12-18-2012)
(A) Membership. The Commission shall consist of five regular members to be appointed by the City Council. Not more than two of the regular membership can live outside of the city.
(B) Term of office. The term of office for members shall commence on January 1 of the first year of appointment by the City Council, and shall expire four years thereafter on December 31, or until their successors are appointed and qualified.
(C) Removal from office. Any member of the Commission may be removed by a majority vote of the City Council at any time without cause. No member shall miss more than two consecutive meetings. Should a member miss three consecutive meetings, a report shall be provided to the City Council. The member may be removed from the Commission unless the City Council deems the absences as excused.
(D) Vacancies in office. Any vacancy in the Commission shall be filled by appointment made by the City Council for the unexpired portion of the term.
(E) Oath of office. Members of the Commission shall qualify by taking and subscribing an oath of office to uphold the Constitution of the United States and the state and the Charter and ordinances of the city, and to faithfully and impartially perform the duties of the office to the best of his or her ability.
(F) Compensation of members. The members of the Commission shall receive no compensation as such, except as the City Council may approve reimbursement to Commission members for out-of-pocket expenses.
(Ord. 292, passed 12-18-2012; Ord. 304, passed 10-6-2015; Ord. 316, passed - -2017)
(A) Chair and vice-chair. At the first regular meeting each January, the Commission shall elect a chair and vice-chair from the regular membership who shall serve in that capacity for a one-year term. Any vacancy will be filled by election for the unexpired portion of the term. The chair shall preside over all Commission meetings. The vice-chair shall preside over the meetings in the absence of the chair. The chair and/or vice-chair shall perform such other duties on behalf of the Commission as imposed by the Commission or ordinance.
(B) Secretary. The Commission shall elect a secretary, who need not be a member of the Commission, and who shall serve at the pleasure of the Commission. The secretary shall keep an accurate record of all proceedings of the Commission and shall perform such other duties as are imposed by the Commission.
(C) Liaison to City Council. The Commission shall elect a liaison officer, who shall serve at the pleasure of the Commission. The liaison officer shall report to the City Council at a regular Council meeting as necessary.
(D) Quorum. Three members of the Commission shall constitute a quorum.
(E) Voting. The concurrence of a majority of the members present at a Commission meeting shall be necessary to decide any question before the Commission.
(F) Meeting time and place/location of business records. The Commission shall meet at least once a month, or as Commission business requires. The regular meeting place of the Commission shall be as designated by the City Council from time to time. The Council shall designate a place for the transaction of the business of the Commission and keeping of its records. Workshops or portions of meetings may be held in the dock area or elsewhere when it is determined by the chair of the Harbor Commission that the change in location is necessary for conducting Commission business.
(G) Commission procedures. The Commission may make, establish, and alter rules and regulations for its governance and procedure consistent with the laws of the state and with the Charter and ordinances of the city.
(Ord. 292, passed 12-18-2012; Ord. 304, passed 10-6-2015; Ord. 316, passed - -2017)
(A) General powers and duties. The Commission shall have the powers and duties set forth by ordinance of the city or as delegated by the City Council.
(B) Recommendations to Public Works Director. It shall be the duty of the Commission and it shall have the power, except as otherwise provided by law, to recommend and make suggestions to the Public Works Director, harbormaster, or such other person as designated by the City Council concerning the following matters:
(1) The formation of rules and regulations for the operation and use of harbor facilities;
(2) Planning for future growth, development, and improvement with respect to harbor facilities;
(3) To recommend improvements and maintenance with regard to harbor facilities; and
(4) Conduct lease negotiations with leaseholders of city harbor facilities and recommend proposed leases to the City Council for consideration and execution.
(C) Normal maintenance of harbor facilities. The Public Works Director shall supervise the execution of normal harbor facility maintenance.
(Ord. 292, passed 12-18-2012)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED. A vessel or other personal property shall be deemed abandoned if:
(1) It is left on or in the harbor facilities either without identification or evidence of ownership and without notification to the city of ownership and:
(a) Without notification to city of intent to leave for more than five days; or
(b) Notification to city of intent to leave, but failure to return within five days of date stated to city for date of return.
(2) It is not removed from the harbor facilities within 15 days from date of mailing notice to vacate by the city by regular mail to registered owner at last known address, according to records of U.S. Coast Guard for federally documented vessels, Oregon State Marine Board for state licensed vessels, or to owner or person in control as registered with city; or
(3) The vessel is not registered with the city within 12 hours of commencement of use of the harbor moorage.
EMERGENCY. A state of imminent danger to life, property. or navigation in which time is of the essence.
ENVIRONMENTAL LAW. Any federal, state, or local law, statute, ordinance, or regulation pertaining to hazardous substances, health, industrial hygiene, or environmental conditions, including without limitation the Comprehensive Environmental Response, Compensation and Liability Act of 1980, being 42 U.S.C. 9601 et seq., as amended, and the Resource Conservation and Recovery Act of 1976, being 42 U.S.C. 6901 et seq., as amended.
GOOD CAUSE. Exists when it is established by satisfactory evidence that an action, circumstance, or omission was beyond the reasonable control of the person and, under similar circumstances, would be beyond the reasonable control of a reasonable and prudent person exercising ordinary common sense.
HARBOR COMMISSION. The Commission appointed by the City Council and acting under the ordinances of the city and recommending plans, regulations, and improvements to the harbor facilities.
HARBOR FACILITIES. All facilities and equipment owned, leased, or operated by the city for the purpose of providing or facilitating usage of the city harbor by vessels and the public, including but not limited to moorage facilities, boat launch facility, vessel fueling facility/dock, fish plant facility, and parking areas.
HARBORMASTER. The person appointed by the city to serve as harbormaster and any deputy harbormaster or other employee authorized or designated by the city to enforce the provisions of this chapter.
HAZARDOUS SUBSTANCE. Any hazardous, dangerous, toxic, infectious, or radioactive substance, waste, or material, as defined or listed by any environmental law and shall include, without limitation, petroleum oil, and its fractions.
INDUSTRIAL WASTE. Any liquid, gaseous, or solid waste substance or combination thereof resulting from any process of industry, manufacturing, trade, agricultural, or agricultural operation or business, or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause pollution of the harbor property or the waters controlled by the city.
LITTER. Any and all types of debris and substances, whether liquid, gaseous, or solid or a combination thereof, including but not limited to garbage, refuse, rubbish, glass, cans, bottles, paper, and paper products, wrappings, decayed wood, sawdust, shavings, bark, cement, lime, cinders, ashes, offal, oil, tar, dyestuffs, acids, chemicals, dead animals or parts thereof, manure, human or animal wastes, putrid, decaying or deleterious substances or matter, petroleum wastes or any machinery, appliances, or automobiles or parts thereof, or any other substances which may render the harbor property or waters controlled by the city unsightly, noxious, or otherwise unwholesome or to the detriment of the public health and welfare.
MOORAGE. Any place where a vessel lies when at anchor or is made fast to a dock or is laid alongside another vessel made fast to a dock, and shall include side and multi-side ties.
(1) RESERVED MOORAGE. A designated moorage as defined above which is specifically assigned to the use permit holder on an annual basis, reserved for use only by the permit holder, and which is paid for on an annual basis.
(2) TRANSIENT MOORAGE. An undesignated moorage in which the period of occupancy is not established by a reserved moorage use permit or an unreserved moorage use permit, and the charges for transient moorage are based upon the period occupied, daily or for one month.
(3) UNRESERVED MOORAGE. An undesignated moorage which is on an annual basis, and which is paid for on an annual basis.
MOORAGE FACILITIES. Those facilities of the city where vessels may moor to wharfs, docks, pilings, walkways, and finger piers.
MOORAGE USE PERMITS. The three types, being:
(1) Reserved
MOORAGE USE PERMIT is an agreement between the boat owner or operator and the city for the use of a reserved moorage;
(2) Unreserved
MOORAGE USE PERMIT is an agreement between the owner/operator and the city for the use of the unreserved moorage and using a moorage facility on a space as available basis; and
(3) Transient
MOORAGE USE PERMIT is an agreement between the owner/operator and the city for daily or monthly moorage for any vessel to use the harbor moorage facility and which belongs to an owner/operator who does not have a reserved or unreserved MOORAGE USE PERMIT in effect. Transient vessels or guest boats include, but are not limited to vessels seeking a harbor of refuge, day(s) use, or overnight(s) use of a moorage facility on a space-as-available basis.
OVERALL LENGTH. The distance from the foremost part of the bow (including the bowsprit or other protruding portion of the vessel) to the aftermost part of the stern including any protruding portion of the vessel except outboard engines or stern drives, regardless of keel length and regardless of registered length.
OVERALL WIDTH. The distance between the outermost part of each side of the hull of the vessel including any protruding portion, regardless of registered width.
OWNER/OPERATOR. Any person who claims lawful care, custody, or control of a vessel by virtue of legal title or equitable interest therein which entitles him or her to possession or has authority over the operation of the vessel pursuant to authority of the legal or equitable owner and has so stated on the moorage agreement that he or she is the operator of the vessel.
PUBLIC WORKS DIRECTOR. The person appointed by the City Council to serve as the Public Works Director, and acting under its direction.
SEWAGE. Water, chemical, or other liquid carried human or animal wastes from vessels, motor vehicles, trailers, residences, buildings, industrial or commercial establishments, or other places with such ground water infiltration and surface water as may be present.
UNDERWAY. The condition of a vessel, not at anchor, without moorings, and not made fast to the shore or ground.
VESSEL. Every description of watercraft in the water used or capable of being used.
VESSEL; COMMERCIAL. Any vessel used or engaged for any type of commercial venture, including but not limited to the display of advertising, commercial fishing, or the carrying of passengers or cargo for hire. Commercial fishing boat is defined as one that holds a valid resident or non-resident commercial fishing boat license and a valid commercial fishing license which authorizes the activity of selling his or her own catch directly from the vessel from which the catch was made and only to the ultimate consumer.
VESSEL; HAZARDOUS. A vessel which is determined by the city to be unseaworthy or in a state of disability which if unduly prolonged could endanger the marine environment or life or property or become a hazard to navigation.
VESSEL; STRAY.
(1) An abandoned vessel;
(2) A vessel, the owner/operator of which is unknown;
(3) A vessel moored without permission; or
(4) A vessel underway without a competent person in command.
VESSEL; VIOLATION. Any vessel entering and remaining at the harbor without authorization; or remaining at the harbor after moorage use permit has been terminated; or in violation of any ordinance pertaining to the harbor of the city.
(Ord. 292, passed 12-18-2012)
(A) Animals. Animals shall not be allowed on the harbor facilities unless securely restrained by a leash, chain, or other device which restricts their freedom, and under the control of a responsible person. No person shall leash or tie any animal on any harbor facility in such a manner that would create a danger to any other person using the walkway or other facility, or that would obstruct normal traffic on the facility.
(B) Boat launch. Persons may launch vessels or retrieve vessels from the waters of the harbor of the city from the designated boat launch facility. The use of the boat launch shall be at the vessel owner’s or operator’s risk. All persons launching or retrieving vessels using the boat launch facility shall exercise reasonable care to avoid damage to the boat launch facility or to other persons or property in or about the boat launch area. Use of the boat launch facility is subject to payment of such fee as may be determined by the City Council by resolution from time to time. The Harbor Commission shall establish appropriate procedures for the collection of such fees and may issue rules and regulations with respect to the use of the boat launch facility, and direct that appropriate signage be placed to advise the public as to the rules and regulations with respect to use of the boat launch facility.
(C) Children. Children under the age of 14 years shall not be allowed on any harbor facility unless wearing a Coast Guard approved life jacket, or unless accompanied and supervised by a parent, guardian, or other responsible adult.
(D) Condition of vessels and other property.
(1) Every vessel and all other personal property moored at or located on harbor properties or facilities of the city shall be kept and maintained in such condition of repair, maintenance, neatness, and orderliness so as not to constitute a condition of nuisance, substantial danger or risk, or harm to persons or property, or facilities. Every vessel moored at harbor properties or facilities of the city must, at all times, be completely seaworthy, fully operational, and ready for immediate cruising in local waters under its own power. Lack of seaworthiness may result in removal of the vessel as a hazardous vessel unless:
(a) The vessel is undergoing short-term (30 days or less) repairs that render the vessel inoperable; or
(b) Authorization has been obtained from the city to effect repairs rendering the vessel inoperable for longer than 30 days.
(2) In no event shall the vessel be rendered inoperable for a period exceeding 90 days.
(E) Fish cleaning. No person shall clean or process fish or shellfish on any harbor facility or from any vessel secured thereto, except in areas so designated by the city.
(F) Fishing and crabbing. No person shall fish or crab from any harbor facility except from 30 minutes before sunrise to 30 minutes after sunset. All fishing and crabbing gear shall be removed from the harbor facilities within 30 minutes after sunset.
(G) Harbor equipment. All city-owned equipment shall be operated by city employees only. Harbor equipment includes but is not limited to the port boat and hoist. Use of the port boat or hoist is subject to payment of such fee as may be determined by the City Council by resolution from time to time.
(H) Moorage facilities. Prior to using the harbor facilities for moorage by any vessel, the owner/operator shall contact the city and register the vessel and obtain a moorage use permit for the moorage of the vessel. With the exception of transient moorage, payment for the moorage shall be made in advance prior to the mooring. Transient moorage shall be made in advance or within 12 hours of commencement of use of harbor moorage, the owner/operator shall register and pay for transient moorage.
(I) Performance of maintenance.
(1) No person shall perform maintenance on any personal property except in those areas so designated by the city.
(2) No person shall perform any type of maintenance on a vessel except in a safe and workmanlike manner, and shall not create, suffer, or permit any offensive or hazardous conditions while so performing.
(3) No tools, equipment, parts, or materials shall be placed on or about the maintenance area that would create an offensive or hazardous condition, or impede public access or use of the facility.
(J) Storage/designated storage areas. No person shall store supplies, materials, or equipment on any harbor facility or any other public area of the harbor except in areas designated by the city and with prior consent by the city. Persons may use such storage areas as designated by the Harbor Commission in accordance with the following provisions.
(1) Any person, except the city, desiring to store floating docks, cranes, and personal property, such as crab pots, in the designated storage area shall apply to the city for permission. Upon payment of the required fee (as set by the City Council by resolution), and providing space is available, the docks, cranes, or personal property may be stored in a designated storage area between October 1 to May 31. Storage beyond these dates must be specifically authorized in writing by the city.
(2) Floating docks stored within the storage area shall not be stacked over three docks in height.
(3) Persons using the storage facilities shall be responsible for the items stored and for injuries to persons or other property caused by the persons using the storage facilities or their items stored therein.
(4) No storage boxes shall be allowed on harbor docks.
(5) Storage of sport crab pots is allowed on docks during crab season, plus two weeks. Any other personal property will be allowed at the harbormaster’s discretion. In the event a person who is storing personal property on harbor facilities fails to comply with the terms and conditions of this subchapter or fails to remove all items stored, the city shall have the right to move and relocate any personal property left on the harbor facilities, or to declare the property abandoned and proceed with disposition pursuant to § 92.14(B) of this subchapter. The removal and relocation of personal property by the city shall be at the risk of the owner and/or person in lawful possession who failed to remove the items of personal property and the owner and/or person in lawful possession shall pay to the city a fee of $50 for said removal and relocation, plus the actual costs of storage incurred by the city.
(K) Structures. No buildings or structures of any nature whatsoever shall be placed or constructed on city properties or facilities without prior written approval of the city.
(L) Swimming and diving. No person shall swim or dive from any harbor facility without written authority from the city. This section shall apply to recreational swimming and diving.
(Ord. 292, passed 12-18-2012) Penalty, see § 11.99
(A) Standard. All vessels, personal property, facilities, or equipment on or about, or used on or about city harbor properties or property or water under control of the city, shall be kept at all times in a condition of reasonable cleanliness and sanitation so as not to constitute a common nuisance or existing or potential danger or harm to public health.
(B) Animal wastes or droppings. No person having control of any animal on city facilities shall allow waste or droppings of that animal to remain on any harbor facility of the city. Animal wastes or droppings shall immediately be removed and placed in a waste receptacle.
(C) Fish carcass/fish waste. No person shall cause, suffer, permit, deposit, or dispose of fish carcass or fish waste on or about the city harbor properties, city property, or water under the control of the city, except as specifically allowed in this section.
(1) Commercial users.
(a) Commercial users shall be responsible for disposal of fish carcass and fish waste and shall not use city refuse or waste containers or other city facilities for disposal. Commercial users are persons, businesses, concessionaires, and non-public entities performing any regular or non-incidental activity or event conducted for the purpose of selling products or providing goods or services for a profit or private financial gain.
(b) Commercial uses include, but are not limited to, permanent or portable stores, restaurants, shops, commercial fishing vessels, ocean charterboats, fish cleaning services, tour or excursion boats, shuttle services, ticket sales, and watercraft rentals.
(2) Non-commercial users. Non-commercial users may dispose of fish carcass and fish waste:
(a) By proper use of the grinder and/or city refuse or waste containers at the public fish cleaning station;
(b) By transferring such carcass or waste to a person or entity that has agreed to dispose of such materials in such a way as to not violate any federal or state law or regulation applicable to the materials;
(c) By removing of such materials from the harbor properties; or
(d) By disposing of such materials upon the waters of the harbor, provided such carcass or waste was exclusively used for recreational crabbing within the harbor.
(D) Industrial waste. No person shall throw, place, leave, deposit, or abandon, or cause or permit to be thrown, placed, left, deposited, or abandoned, any industrial waste, litter, or sewage on any city harbor public property, except in receptacles designed by the city for the disposal of such materials or substances.
(E) Odorous waste. No person shall cause, suffer, permit, place, leave, deposit, or abandon aboard any vessel, in any motor vehicle or trailer, or on any city harbor properties or other public property, litter in the nature of offal, garbage putrid, or decaying or deleterious substances which give off an offensive odor, except in a closed nonporous container.
(F) Off-premises waste. No person shall use city refuse or waste containers for other than wastes or litter generated on city harbor properties or waters controlled by the city and for those wastes or litter generated from a vessel’s voyage.
(G) Toilet standards. No person on a vessel equipped with a toilet shall use or permit the use of such toilet on waters controlled by the city, unless the vessel is equipped with facilities approved by the U.S. Coast Guard, or other appropriate governmental agency, and such equipment is in good operating condition adequate to treat, hold, incinerate, or otherwise handle sewage in such a manner that is capable of preventing water pollution. Dumping of vessel holding tanks in harbor waters is not allowed. Persons shall use the CVA pump/dump station for dumping of vessel holding tanks.
(Ord. 292, passed 12-18-2012) Penalty, see § 11.99
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