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HomeMy WebLinkAboutOrd1965-343 * ORDINANCE NO. 343 AN ORDINANCE OF TH1!: CITY OF SEWARD, RELATING TO THE REGULATION, CONTROL, SPEED A8D MOORAGE OF BOATS AND THEIR INCIDENTS WITHIN SEWARD MUNICIPAL SMALL BOAT HARBOR7 PROVIDING FOR A HARBOR MASTER AND PRESCRIBING THE POWERS AND DUTIES RELATING THERET07 ESTABLISHING PROVISIONS FOR RATESJ DEFINING OFFENSES7 PROVIDING PENALTIES CONCERNED WITH OR RELATING TO THE SUBJECT MATTER OF THIS ORDINANCE7 REPEALING CONFLICTING ORDINANCES7 AND ESTABLISHING AN EFFECTIVE DATE. ARTICLE I GENERAL PROVISIONS THE CITY OF SEWARD ORDAINS: Section 13.100 Harbor and Boat Moorage Code: This shall constitute the "Harbor and Boat Moorage Code" of The of Seward and be cited as such. Section l3.l01 Exercise of Council Powers: This code shall be deemed an exercise of the powers of the Council of The City of Seward for the protection, safe-guarding, orderly moorage and control of vessels, and for the protection and general welfare of the public, and all of its provisions shall be liberally construed for the accomplishment of that purpose. Section 13.102 Authoritv to Board: The use of any City-owned or operated mooring facility or waterway lying within the cor- porate limits of The City of Seward automatically gives per- mission to the City to board vessels for the purpose of enforcing this and other City Ordinances, and to move said vessels as necessity or emergency requires. The City assumes no liability for loss or damage to vessels, equipment, appurtenances, tackle, provisions, mooring lines, or any gear, supplies or any article attached or related to said vessel or for the movement thereof. Section 13.103 Effect of Invaliditv: If any provision of this code or the application thereof to any person or circumstance is held invalid, the remainder of the code and the application of such provision to other persons or circumstances shall not be affected thereby. Section l3.l04 Existinq Ordinances Repealed: Existing ordinances in conflict herewith are hereby repealed. -1- r Section 13.105 Duty of Boat OWner: Every act or statement re- qui red to be made by a vessel owner or agent of such owner shall be made by the owner in person, or if by an agent the necessity thereof shall be stated and shown: provided that the operator or captain of any vessel shall, for the purposes of this ordinance, be considered the legal agent of the owner. It shall be the duty of the operators of all vessels using the facilities in the Seward Municipal Small Boat Harbor to register with the Harbor Master giving the name and owner and other information as may be required. Section 13.106 Moorinq Charqes: A schedule of mooring charges shall be established by Resolution of the Seward City Council and shall be subject to review as occasion demands. Secti~n 13.107 Service Fees: Fees for services performed by the Harbor Master shall be established by the City Council and shall be subject to review as occasion demands. Section 13.108 Liens: All fees and other approved chargag, 'W'hen due and unpaid, shall become a lien against the boat or vessel. ART'ICLEII DEFINITIONS Section 13.109 Definitions: For the purpose of this Ordinance, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) Vessel: Any boat, motor boat, ship, aircraft, when water borne, boat house, floats, scows, rafts, pile drivers, or any floating structure or object used for recreational, commercial or any other purpose upon the waterways, or moored at any place in any waterway within the boundaries of the City. (b) Lenqth: The term length used herein shall mean the overall length as measured from the furtherest forward portion, II I including booms, spars, gins, or any fixed protuberances to the furtherest after portion of said vessel including boorns, spars, gins, or any fixed protuberances. (c) Beam: Greatest overall width of the vessel including booms, spars, gins, or any fixed protuberances. (d) OPerator: Any person who is in actual physical control of a vessel as defined herein. (e) Waterway: Any water, waterway, lake, river, tributary or lagoon within the boundaries of The City of Seward. (f) Seward Harbor: All salt water or tide water lying within the boundaries of The City of Seward. (g) Seward Municipal Small Boat Harbor: That area of water protected by breakwaters constructed by the federal government and by the line of mean higher high water of the shoreline of the areas protected by breakwaters, including docks, floats, berths, and other mooring facilities as operated by The City of Seward. (h) Transients: For the purpose of this act, transients shall be considered ~o be boats not operating out of the Port of Seward, or do not have a rented mooring. (i) Local Boatsa Any vessel operating out of the Port of Seward and whose owners or operators are residents of the Seward area. (j) Dere1ictsa Any vessel moored or otherwise located within the boundaries of the Seward Harbor which is forsaken, abandoned, deserted or cast away, or which by appearances gives evidence of being forsaken, abandoned, deserted or cast away, or which in the opinion of any recognized marine surveyor is unsound, unseaworthy and unfit for its trade or occupation and which by any substantial evidence of neglect may be considered abandoned. ARTICLE III HARBOR MASTER Section 13.110 Harbor Master: A Harbor Master, under the direction of the City Manager, shall supervise and manage all -3- harbor facilities operated by The City of Seward. He shall be appointed, paid, removed and succeeded in office as other appoin- ted officers of the city. Section 13.l1l Enforcement of Ordinances: The Harbor Master is charged with the duty of enforcing all of the provisions of this Ordinance, and any rules and regulations duly adopted hereunder, and is hereby empowered to do so. In the performance of such duties he shall have all the powers of a Police Officer of The city of Seward. ARTICLE IV PROHIBITED ACTS Section 13.112 Restriction as to speed: It shall be unlawful for any vessel to travel at such speed within any waterway that there is wake, wash or wave action which will damage, endanger, or cause undue distress to any other boat or occupant thereof regardless of established speed limits. section 13.113 u. S. Coast Guard Requlations: NO person shall operate a vessel within the waterway which does not meet all applicable requirements of the U. S. Coast Guard. Section 13.114 Reckless Operation: No person shall operate a vessel in a reckless manner so as to endanger, or be likely to endanger life or property or any person or object on or in the waterway. Section 13.115 QPeratinq under Influence of Alcoholic Beveraqes and Narcotics: No person shall operate a vessel in any waterway under the influence of intoxicating liquor, narcotic drugs or opiates. Section 13.116 Muffler Reauired: No person shall operate a vessel with outboard motor or with inboard motor unless equipped with adequate exhaust muffler. Nor shall any such person use any siren, Whistle, horn, or other noise producing or noise amplifying device, on a vessel, in such manner that the peace, property and good order of the neighborhood is disturbed. Provided, however, that nothing in this Ordinance shall be A construed to prohibit the use of whistles, bells or horns as signals as required by the U. S. Motor Boat Act or other federal law, or Coast Guard regulation for the safe navigation of vessels. Section 13.117 Tamperinq with Facilities and Appurtenances Prohibited: No person shall tap, connect, disconnect, interfere with any water outiet, water pipe, water connection, telephone equipment, electrical outlet, or electrical device of any kind in stalls maintained or operated by The City of Seward in the Seward Harbor without first having obtained the permission of the Harbor Master1 or to interfere with or tamper with any wharf, flat, gang plank, ramp or any other facility operated by The city of Seward. No person shall write or post any written or printed matter in any place within the Seward Harbor except upon bulletin boards constructed for the purpose and only after having obtained per~ mission from the Harbor Master. Signs identifying businesses or products may be erected within the Seward Harbor upon approval of the City Council. Section 13.118 unattended Fires Prohibited: No person shall leave any vessel within the Seward Harbor unattended while fire or flame is burning thereon1 any such fire or flame shall be deemed unattended unless the owner or operator is within 100 yards of the vessel, or some person over the age of 18 years and capable of moving the vessel is aboard or within 100 yards of the same. Section l3.ll9 Unattended Animals Prohibited: No owner or person in charge of any dog or animal shall allow such dog or animal to run at large within the Seward Harbor. ARTICLE V SMALL BOAT HARBOR REGULATIONS Section 13.120 Loadinq Dock; The loading dock in the Seward Municipal Small Boat Harbor is open to the public1 moorage at said dock is limited to the period of loading and unloading operations only. -5- r I I Section 13.121 Gridiron: The Gridiron in Seward Municipal Small Boat Harbor is open to the public on a first come--first served basis, in accordance with a list maintained by the Harbor Master. Gridiron rental rates shall be established by Resolution of the City Council and shall be subject to review as occasion demands. No person shall affix his vessel to the Gridiron or appurtenances thereto without first having obtained permission from the Harbor Master. Section 13.122 Floats and Docks: All floats and docks and ramps and approaches thereto shall be kept free and clear of any objects or items that are not appurtenances to the floats and docks and ramp and approaches thereto. Any such items found on the floats and docks and ramp and approaches are subject to impoundment. Impounded items will be released after proof of ownership and payment of the impounding fee as established by the City Council. Items not claimed within six (6) months after impoundment may be sold by the City Clerk and the proceeds of such sale shall be deposited in the Seward Municipal Small Boat Harbor Fund. Section 13.123 Garbaqe Disposal: No person in charge of or occupying any vessel shall dump or throw garbage, paper, bottles, cans, refuse, or any debris or jetsam into the waters or onto the floats of the Seward Municipal Small Boat Harbor. The Harbor Master shall provide garbage containers of sufficient size and number and located on the loading dock or near the loading dock or approach ramps to the floats for collection by the garbage contractor. Section 13.124 Pumpinq of Bilqes Prohibited: No person shall pump bilges containing oil or gasoline within the confines of the Seward Municipal Small Boat Harbor. Section 13.125 Cleanliness of Floats: Persons in charge of or occupying any vessels shall at all times keep the floats and premises adjacent to such vessel in a neat and orderly manner, free from trash, refuse, garbage, repair parts, machinery, equipment and debris of all kinds. -~- Section 13.126 SpOrt Fishinq Prohibited: No person shall sports fish fram any dock, float, ramp or any mooring facility operated by The City of Seward. Section 13.127 Seaplane ramp: A seaplane ramp is provided for the non-exclusive use of transient and local aircraft without charge. When all available ramp space is occupied, aircraft must obtain mooring space other than on or adjacent to mooring space provided for vessels other than aircraft. Section 13.128 Limitations: Any vessel exceeding an overall length or draft which as a result thereof shall endanger itself or other property shall enter the Seward Municipal Small Boat Harbor at the owner's riskJ the City being saved harmless in the event such vessel is damaged by touching bottom, or floats, or docks, or other property within the Seward Municipal Small Boat Harbor. Section 13.129 Float Assiqnmenta Float assignments and other mooring spaces shall be designated by the Harbor Master, and his decision shall be final except that appeals may be made to the City Manager. Section 13.130 Skiffs Tied Alonqside or Astern: No vessel moored within the Seward Municipal Small Boat Harbor shall have a skiff, scow, raft or any other vessel tied alongside or astern or ahead except when actually in use for effecting repairs or maintenance upon the vessel. Section 13.l3l Services of Harbor Master: The Harbor Master is hereby granted the power and authority to, fram time to time as circumstances require, but without any obligation or duty to do so, and without any obligation or liability on his part or that of the City for his failure to do so, replace defective mooring lines, attach additional mooring lines, pump vessels which are in a dangerous condition for lack thereof, and to move any boat for the purpose of protecting such boat from fire or other hazard or for the protection of other vessels or property therefrom. Whenever the Harbor Master shall perform or cause to be .. performed any of the actions hereinabove authorized or other emergency actions, after having given notice to the boat owner or operator at the registered address of the immediate need therefor, or having attempted to give such notice within the time limits prescribed by the exigencies of the situation, a fee as established by Resolution of the City Council shall be assessed. ARTICLE VI REFUSAL OF MOORAGE FACILITIES Section 13.132 Refusal: The Harbor Master may, in his discre- tion, when the mooring facilities are crowded, refuse mooring facilities to boat houses, floats, scows, rafts, pile drivers and other cumbersome floating structures, or to any boat, vessel or floating structure which is or may become or create a fire hazard or otherwise become a menace to the safety and welfare of other boats and their occupants. In the allocation of mooring spaces the Harbor Master shall give preference to local boats. ARTICLE VII PENALTIES Section 13.133 Violations Considered Misdemeanors: Any person found guilty of a violation of this Ordinance shall be punished by a fine of not more than Three Hundred Dollars ($300.00) or 30 days imprisonment: or by both such fine and imprisonment. Section 13.134 City May Refuse Moorinq Facilities: The City of Seward may refuse moorage facilities to violators of this code or persons in arrears of authorized fees and charges. Section 13.135 Effective Date: An emergency is hereby declared to exist, and the rules governing the introduction, reading, passage and approval of ordinances are hereby suspended, and this ordinance shall become effective immediately upon its passage, approval, posting and publication as required by the Ci ty Charter. Publication of this Ordinance shall be made by posting a copy hereof on the City Hall bulletin board and by publishing -8- a notice of the place of posting and a brief statement of the purpose of this Ordinance in a newspaper of general circulation in the City within a reasonable time. PASSED AND APPROVED by the City Council of The City of Seward this 1.-1 ,a;t-day Of~ ' 1965. Attest: (h~d2q'~-yL,. Beatrice E. Watts City Clerk-Treasurer c9~ a ~ Perry R. Stockton Mayor -9-