042-17 - Ordinance - Amending Chapter 9.46 City Owned Docks and PiersORDINANCE NO. 042-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 9.46 ("CITY
OWNED DOCKS AND PIERS") OF THE PORT ORCHARD MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed
to that of Non-Charter Code City; andi
WHEREAS, the reclassification of the city necessitated certain revisions to the Port
Orchard Municipal Code ("POMC"); andi
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i WHEREAS, the City Council has determined that it is in the best interests of the
city to amend certain provisions of Chapter 9.46 POMC to adopt the necessary revisions
to that section of the POMC that resulted from the reclassification; now, therefore,
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THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
!AS FOLLOWS:
s SECTION 1. Port Orchard Municipal Code Section 9.46.005
("Definitions") 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) "City" means the city of Port Orchard.
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(2) "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
is capable of use for the moorage or launch of vessels.
(3) "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.
(4) "Person" means any natural person, firm, partnership, corporation, association,
organization, or any other entity.
Ordinance No. 042-17
Page 2 of 3
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(5) "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;
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(b) Any holder of a security interest identified in a certificate of title fora 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
(5)(b) of this section and under which laws the city can readily determine the identity of
the holder.
(6) "Secured vessel" means any vessel that has been secured by the city that remains in
the city's possession and control.
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(7) "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.i
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(8) "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.
Port Orchard Municipal Code Section 9.46.060 ("Securing
unauthorized vessels - Notice - Claiming vessels - Abandoned vessels") is hereby re
titled and amended to read as follows:
SECTION 2.
9.46.060 -Abandoned or derelict vessels.
Pursuant to RCW 35A.21.320, the city has the authority, subject to the processes and
limitation outlined in Chapter 79.100 RCW, to store, strip, use, auction, sell, salvage,
scrap, or dispose of an abandoned or derelict vessel found on or above publicly or
privately owned aquatic lands within the jurisdiction of the city. In exercising its authority,
the city will comply with the provisions of Chapter 79.100 RCW as they currently exist or
:
Ordinance No. 042-17
Page 3 of 3
are hereafter amended.
Port Orchard Municipal Code Section 9.46.070 ("Sale of
abandoned vessels - Notice -• Redemption of vessels - Use of proceeds - Disposal of
vessels") is hereby repealed in its entirety.
SECTION 3.
Port Orchard Municipal Code Section 9.46.080 ("Action to recover
charges - Attorneys' fees - Costs") is hereby repealed in its entirety.
SECTION 4.
SECTION 5. 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, sentence,
clause or phrase of this Ordinance.
SECTION 6. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and effect
five days after publication, as provided by law.
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 24th day of October 2017.
Robert Putaansuu, Mayor
SPONSOR:ATTEST:
U^EALn
Brandy Rinearson, CMC, City Clerk
APPROVED AS TO FORM:
Sfoartfn Cates, City Attorney
November 3, 2017
November 8, 2017
PUBLISHED:
EFFECTIVE DATE:
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 October 24, 2017.
ORDINANCE NO. 042-17
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CERTAIN PROVISIONS OF CHAPTER 9.46 ("CITY
OWNED DOCKS AND PIERS") OF THE PORT ORCHARD MUNICIPAL
CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN
EFFECTIVE DATE.
Copies of Ordinance No. 042-17 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. 042-17 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, November 3, 2017