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)