019-21 - Ordinance - POMC Chapter 9.46 Pertaining to City-Owned DocksoRDTNANCE NO.019-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO CITY-OWNED DOCKS; AMENDING CHAPTER 9.45 OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABIISHING AN EFFECTIVE DATE.
WHEREAS, the City owns the Dekalb Street Pier for public, non-commercial moorage and
usebetweenthehoursof 6:00a.m.and1-1-:00p.m.,withalimitof nomorethantwomooragedays
per week and no consecutive moorage days; and
WHEREAS, the City has codified regulations governing the use of the Dekalb Street Pier at
Chapter 9.46 of the Port Orchard Municipal Code (POMC); and
WHEREAS, City Staff has identified a need to amend the City's regulations for use of the
Dekalb Street Pier to redress "unauthorized" or "abandoned" vessels that cause a public nuisance
and public health and safety issues for the public utilizing the Dekalb Street Pier for recreational
purposes; and
WHEREAS, the City desires to amend Chapter 9.46 POMC to provide enforcement tools for
Staff to redress "unauthorized" or "abandoned" vessels at the Dekalb Street Pierce; and
WHEREAS, the City Council finds that this Ordinance and the amendments therein are in the
best interests of the residents of the City and further advance the public health, safety and welfare;
now, therefore,
THE CITY COUNCIT OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION 1. POMC 9.46.030, Amended. Port Orchard Municipal Code Section 9.46.030 is
hereby amended to read as follows:
POMC 9.46.030 City facility moorage limits.
(1-) Moorage at the Water Street Boat Launch. Moorage at the Water Street Boat Launch
shall be limited to L5 minutes.
(2) Moorage at the Dekalb Street Pier. Moorage at the Dekalb Street Pier shall be for
daytime use only and shall be limited to six hours maximum (between 6:00 a.m. and 1-1:00 p.m.). ln
addition, there shall be no consecutive moorage days allowed and no more than two moorage days
in one consecutive seven-day period. No moorage or other tie-up by ropes, cables or other
fastenings shall be made except by use of tie-up cleats provided for such purposes.
Ordinance No.01-9-21
Page 2 of 4
(3) No person shall moor a watercraft in an area that has been posted to prohibit moorage.
No person shall, without city authorization, moor a watercraft in an area that has been posted as a
restricted area.
SECTION 2. POMC 9.46.050, Amended. Port Orchard Municipal Code Section 9.46.050 is
hereby amended to read as follows:
POMC 9.46.050. Violation - Penalty.
(1) The following violations of this chapter shall be a noncriminal Class C infraction, as
set out in POMC L0.12.430:
(a) Moorage in violation of POMC 9.46.030. Each calendar day on which a
vessel is moored in violation of POMC 9.46.030 shall constitute a separate infraction.
(b) Moorage in a restricted or prohibited area. Each calendar day on which a
watercraft is moored in a restricted or prohibited area shall constitute a separate civil
infraction.
(c) Tying together or rafting of watercraft at a city moorage facility. Each of the
watercraft involved shall be subject to issuance of a separate civil infraction.
(d) Unless otherwise specified, any other violation of this chapter
(21 lt shall be the duty of the police department, under the direction of the Chief of
Police, to enforce the regulations set forth in this chapter.
(3) The procedures and substantive requirements set out in POMC L0.I2.29O,
10.12.300, LO.L2.3L0, L0.r2.320, L0.12.330, LO.r2.340, 10.12.0350, rO.L2.380, LO.L2.4L0,
LO.L2.44O, and IO.L2.470 shall apply to the infractions issued pursuant to this Chapter.
SECTION 3. POMC 9.46.060, Amended. Port Orchard Municipal Code Section 9.46.060 is
hereby amended to read as follows:
9.46.060 Authority to lmpound-Abandoned or derelict vessels.
Whenever a vessel remains moored at a city facility for more than two consecutive days or
is in violation of any other provision of this chapter, the Chief of Police or designee may impound
the vessel and any property associated with the vessel. Vessels moored in prohibited areas and
Ordinance No.019-21
Page 3 of 4
unauthorized vessels moored in restricted areas are subject to immediate impoundment. ln
addition, the Chief of Police or designee may impound any vessel moored at a city facility if the
watercraft poses a risk to public health or safety. The Chief of Police or designee, in his, her ortheir
discretion, shall decide whether the vessel shall be impounded in place through use of a locking
device or removed to an appropriate holding area.
Pursuant to RCW 35A.2L.32O, the city has the authority, subject to the processes and
limitation outlined in Chapter 79.LOO 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. ln exercising its authority, the city will comply with the
provisions of Chapter 79.100 RCW as they currently exist or are hereafter amended.
SECTION 4. Severability. lf any section, sentence, clause, or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 5. Corrections. Upon approval of the city attorney, the city clerk and the codifiers
of this ordinance are authorized to make necessary technical corrections to this ordinance,
including, without limitation, the correction of clerical errors; references to other local, state, or
federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 6. Effective Date. This ordinance shall be in full force five days after posting and
publication as required by law. A summary of this ordinance may be published in lieu of publishing
the ordinance in its entirety.
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 lLth day of May 202L.
Robert Putaansuu, Mayor
A
B dy Rinearson, MMC, City Clerk .*r$'i:'ij:;f;!fur
=----sj's %"'.&,,
=:SEALI=
Wr,,uttr
Ordinance No.019-21
Page 4 of 4
APPROVED AS TO FORM
Charlotte A. Archer, City Attorney
PUBLISHED:May t4,2O2L
EFFECTIVE DATE: May L9,202L
SPONSOR:
€raq-f-t*'
Scott Diener, Councilmember