A. No person shall anchor or moor any vessel that is not seaworthy on any waterway, or attach any vessel that is not seaworthy to any other vessel that is anchored or moored on any waterway, unless the vessel is in an emergency situation or condition.
1. Notwithstanding the provisions of Section 8.112.040, any vessel that is not seaworthy and in an emergency situation or condition shall only moor or anchor on any waterway until the situation or condition ends, but in no event shall the vessel be moored or anchored for more than forty-eight (48) hours.
2. Determinations of seaworthiness shall be made by the department or the United States Coast Guard.
B. If any vessel on any waterway is in an emergency situation or condition, the owner or operator of the vessel shall immediately report the situation or condition to the department. The owner or operator of a vessel in an emergency situation or condition shall comply with the department's directives and shall move or secure the vessel as instructed.
C. If a vessel sinks in a waterway, the owner or operator must mark the vessel immediately with a buoy or daymark during the day and with a light at night, in accordance with Title 33 of the Code of Federal Regulations, Part 64. The markings must be maintained until the sunken vessel is removed.
D. No person shall moor, anchor, or continue to moor or anchor, any vessel in a location on any waterway forty-eight (48) hours after receiving a notice and order from the department that due to threat of flooding, high waters or other public safety reasons, the vessel must be removed from the location or waterway.
1. Notice. The notice shall be posted in a conspicuous place upon the vessel and a copy shall be mailed to the registered owner, if known. The notice shall order that the boat be removed within forty-eight (48) hours of posting the notice or it will be towed and impounded at the owner's expense.
2. Removal. Any vessel not in compliance with the notice and order is subject to immediate removal by the department, at the owner's expense. (Ord. 2014-0037 § 2)