The purpose of this chapter is to establish policies and procedures to regulate the use of city owned boat docks to promote public health, welfare, and safety.
(Ord. 1870 § 1, 2018)
This chapter applies to the owners and operators of boats moored to or utilizing city owned boat docks. Generally, boats are not allowed to be moored at a city owned boat dock for a period exceeding seven consecutive nights; exceptions must be quantified and requested in writing to the administrator.
(Ord. 1870 § 1, 2018)
The following terms, phrases, words, and their derivations shall have the meanings given herein and are applicable in the enforcement of this chapter:
A. "Abandoned boat"
means any boat left at or moored to a city dock for a period exceeding seven days without written permission from the administrator.
B. "Administrator"
means the director of public works, or authorized representative.
E. "City council"
means the city council of the city.
F. "City dock"
means any boat dock owned by the city.
G. "Emergency"
means a serious, unexpected, and often dangerous situation requiring immediate action.
H. "Hazard"
means the effect of unpredictable and unanalyzable forces in determining an event, or the degree of danger or risk.
I. "Nuisance"
means a person, thing, or circumstance causing inconvenience or annoyance.
J. "Owner"
means any person, firm, association, syndicate, copartnership, or corporation having proprietary interest, dominion, or title to a boat.
K. "Person"
means any individual, partnership, joint venture, society, association, club, trustee, company, firm, or corporation; or any officers, agents, employees, or any personal representatives of any thereof, in any capacity, acting either for himself, or any other person, under either personal appointment or pursuant to law.
(Ord. 1870 § 1, 2018)
All city docks are first come, first served. Moorage locations shall not be reserved, saved, or otherwise secured pending use by another boat owner or operator; exceptions may be requested in writing to the administrator.
(Ord. 1870 § 1, 2018)
City docks were constructed and intended to be utilized for recreational purposes. Commercial boats and uses are not permitted. Boats moored at a city dock are subject to the following conditions:
A.
A boat shall not be moored at a city dock for a period exceeding seven consecutive nights; exceptions must be quantified and requested in writing to the administrator; and
B.
Boats shall have a current license and/or registration; and
C.
Boats and mooring location shall be kept clean, neat, and presentable; and
D.
No major repairs or overhaul work shall be made or performed at a dock; and
E.
Docks and floats must not be obstructed by, nor used as storage areas for, tools, equipment, gear, etc.; and
F.
Moorage is not permitted at the location on the dock designed for launching kayaks, or designated as "Kayak Use Only"; and
G.
A boat shall not be used for living or sleeping quarters.
(Ord. 1870 § 1, 2018)
The city accepts no liability for boats moored at a city dock and will not be responsible for any loss or damage caused by theft, fire, the elements, or the collapse of buildings, structures, floats, logs, or pilings.
(Ord. 1870 § 1, 2018)
Boat owners or operators who are present during an emergency shall comply with the instructions given by the administrator regarding the movement of their boats. Noncompliance with such directions shall entitle the city to require immediate removal of a boat from the dock area.
If a boat's owner or operator is not present during an emergency, the administrator, under direction of the chief of police or designee, may move, or cause to be moved, a boat for the protection of life or property. Any boat which, in the opinion of the administrator, is in danger of sinking or is a hazard to other boats may be moved or removed with all expenses and risk of loss or damage being the responsibility of the boat's owner. In the event of a sinking, the city may be obliged to render salvage services to a boat; the costs thereof shall be the responsibility of the boat's owner. The city will send an itemized bill for costs incurred in conjunction with the removal or salvaging of a boat to the boat's owner by certified mail.
(Ord. 1870 § 1, 2018)
Any person who destroys, defaces, or damages a boat dock, slip, or equipment, or any part thereof, shall be guilty of a violation of this chapter and, in addition to prosecution, shall be responsible for reimbursement of all expenses incurred as a result of the damage. Upon order of the city council, the city attorney shall proceed in any proper court to seek reimbursement for the city's cost incurred from such repairs.
(Ord. 1870 § 1, 2018)
The administrator is responsible for operation and control of city boat docks. The administrator's decision on any dock management issues shall be final and conclusive.
(Ord. 1870 § 1, 2018)
It is unlawful for any owner or person to store or deposit, or cause or permit to be stored or deposited, an abandoned, wrecked, dismantled, or inoperative boat, or parts thereof, on or near a city dock.
The city shall install signage in a conspicuous place on or near city docks to inform dock users of the moorage restrictions, and shall be deemed notice as warning of impoundment by violators.
Boats that remain moored to a city dock in violation of this chapter shall be deemed a public nuisance under RMC § 8.20.030. Such remedies given by law for the prevention and abatement of nuisances shall apply hereto.
A.
A violation of any portion of this chapter shall be just cause for the violating boat to be cabled to the dock to ensure compliance with this chapter. Upon proper notice, in accordance with subsection (C) of this section, the violating boat shall be impounded and stored within the perimeter fencing at the city's public works department, or other similarly secured area, pending the 30-day redemption period.
B.
For the purposes of this chapter, the fact that a boat has been left at a city dock beyond seven consecutive nights, without written permission of the city, is prima facie evidence of abandonment.
C.
When boats are found to be in violation of this section, an abandonment warning sticker will be placed on the dock side of the bow near the boat's registration numbers. The abandonment warning sticker will contain the date the warning sticker was placed and date the boat will be removed. The boat's owner or person in charge of the boat may contact the Raymond police department to inquire about the redemption procedures and the opportunity for a hearing to contest the propriety of impoundment. If the owner of the boat is not known, publication of the boat's description, make, model, size, and color, plus details of impoundment, redemption procedures, and the opportunity for a hearing to contest the propriety of impoundment shall be published within the city's official newspaper, and shall constitute sufficient notice.
D.
The city will start processing a junk vehicle affidavit on any boat moored at a city dock that appears to be abandoned, and the owner is unknown, or after the expiration of the abandonment warning.
E.
After 30 days of receipt of the registered or certified mail, or publication in the city's official newspaper providing notice of the impoundment, the city shall hold for sale the impounded boat. Proceeds of the sale shall be applied to the towing and storage fees incurred through impoundment, and any excess shall be deposited in the city treasury. If the city is unable to secure a buyer for the boat, the city may dispose of the boat by any means available, with the boat's owner being responsible for reimbursement of all expenses incurred as a result of the boat's disposal.
(Ord. 1870 § 1, 2018)
The following violations of this section shall be civil infractions:
A.
Moorage beyond the established time limits set forth in this chapter shall be a civil infraction and the penalty shall be $100.00. Each calendar day on which a moorage violation persists shall constitute a separate civil infraction.
B.
The Raymond police department shall be responsible for issuing parking tickets pursuant to this section. The police department shall utilize the city's standard parking ticket when a boat is in violation of this section. The moorage/parking ticket will be issued and served upon the violating boat.
(Ord. 1870 § 1, 2018)