003-17 - Ordinance - Regulating Activities on City-Owned Piers and DocksORDINANCE NO. 003-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGULATING ACTIVITIES ON CITY-OWNED PIERS AND DOCKS,
AMENDING SECTION{$) 9.46.005, 9.46.010, 9.46.020 AND
9.46.030 OF THE PORT ORCHARD MUNICIPAL CODE AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Port Orchard has constructed piers, docks and ramps for
public access to the water; and
WHEREAS, the purpose of these improvements is to enhance the recreational
use of Sinclair Inlet; and
WHEREAS, the recent improvements to the Water Street Boat Ramp and the
Dekalb Street Pier have lead to the misuse of these city facilities and the City Council
deems it in the best interest of the City of Port Orchard to update the applicable
regulations; and
WHEREAS, the City Council chose to codify the City-Owned Piers and Docks
regulations in order to aid the public in its ability to access and review said regulations;
and
WHEREAS, the City Council last updated these regulations under Ordinance No.
1771, adopted on October 25, 1999; now, therefore,
THE CITY COUNCIL· OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Section 9.46.005 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.46.005 Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Charges" means charges of the city for storage, and all other charges related to the
vessel and owing to or that become owing to the city, including but not limited to costs
of securing, impounding, storing, disposing, or removing vessels, damages to any city
facility, and any costs of sale, attorneys' fees, and related legal expenses for
implementing POMC 9.46.060 and 9.46.070.
(2) "City" means the city of Port Orchard.
Ordinance No. 003-17
Page 2 of 4
(3) "City facility" means any property or facility owned, leased, operated, managed, or
otherwise controlled by the city or by a person pursuant to a contract with the city,
which are capable of use for the moo rage or launch of vessels.
(4) "Owner" means a person who has a lawful right to possession of a vessel by
purchase, exchange, gift, lease, inheritance, or legal action whether or not the vessel is
subject to a security interest, and shall not include the holder of a bona fide security
interest.
(5) "Person" means any natural person, firm, partnership, corporation, association,
organization, or any other entity.
(6) "Lien holder of record" means:
(a) Any holder of a security interest or lien recorded with the United States Department
of Transportation with respect to a vessel on which a certificate of documentation has
been issued;
(b) Any holder of a security interest identified in a certificate of title for a vessel
registered under Chapter 88.02 RCW; or
(c) Any holder of a security interest in a vessel where the holder is identified in vessel
registration information of a state with vessel registration laws that fall within
subsection (6)(b) of this section and under which laws the city can readily determine the
identity of the holder.
(7) "Secured vessel" means any vessel that has been secured by the city that remains in
the city's possession and control.
(8) "Unauthorized vessel" means a vessel using a city facility of any type whose owner
has left the vessel beyond the posted time limits, or is in violation of POMC 9.46.010, or
a vessel otherwise present without permission of the city.
(9) "Vessel" means every watercraft or part thereof constructed, used, or capable of
being used as a means of transportation on the water. It includes any equipment or
personal property on the vessel that is used or capable of being used for the operation,
navigation, or maintenance of the vessel. Vessel includes any trailer used for the
transportation of watercraft.
SECTION 2. Section 9.46.010 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.46.010 Commercial activity -Prohibited -Defined.
Ordinance No. 003-17
Page 3 of 4
There shall be no commercial activity on the DeKalb Street Pier or the Water Street Boat
Launch. Commercial activity is defined as, but not limited to, loading or unloading cargo
from commercial fishing boats, repair of commercial watercraft and repairing,
maintaining or drying of fishing nets, and loading or unloading commercial cargo, to
include logs or merchandise.
SECTION 3. Section 9.46.020 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.46.020 Moorage -Hours.
There shall be no moorage at the DeKalb Street Pier and the Water Street Boat Launch
between the hours of 11:00 p.m. and 6:00 a.m.
SECTION 4. Section 9.46.030 of the Port Orchard Municipal Code is hereby amended to
read as follows:
9.46.30 City Facility Moorage Limits.
1. _Moorage at the Water Street Boat Launch. Moorage at the Water Street Boat
Launch shall be limited to 15 minutes.
2. Moorage at the Dekalb Street Pier. Moorage at the Dekalb Street Pier for day time
use only shall be limited to 6-hours maximum (between 6:00 a.m. and 11:00 p.m.}
In addition, there shall be no consecutive moorage days allowed and no more than 2
moorage days per week.
SECTION 5. Posting Signs. The City Engineer is hereby directed to post signage as
required by POMC Section 9.46.100 and as a result of the amended to Section 9.46.020 and
Section 9.46.030, provide the additional signage required, after passage of this Ordinance,
before the Effective Date.
SECTION 6. Severability. If any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, clause or phrase of this Ordinance.
SECTION 7. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 8. Effective Date. This Ordinance shall take effect and be in full force and
effect five (5) days after publication, as required by law.
Ordinance No . 003-17
Page 4 of 4
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 10th day of January 2017.
A TT EST: ,,,. ..... / ,.,
.I .--;-·7 / / f:i<c~r-----------
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
~-=Cr~ oCate;, City Attorney
PUBLISHED:
EFFECTIVE DATE:
January 20, 2017
January 25, 2017
Robert Putaansuu, Mayor
SPONSOR:
<~-~-·-
Scott Diener, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held January 10, 2017.
ORDINANCE NO. 003-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGULATING ACTIVITIES ON CITY-OWNED PIERS AND DOCKS,
AMENDING SECTION(S) 9.46.005, 9.46.010, 9.46.020 AND 9.46.030
OF THE PORT ORCHARD MUNICIPAL CODE AND ESTABLISHING AN
EFFECTIVE DATE.
Copies of Ordinance No. 003-17 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 003-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, January 20, 2017