No person shall, in any manner, obstruct any navigable portion of Tacoma Harbor or place any improvement, fence, or property of any nature at a fixed location within the waters of Tacoma Harbor except as may be authorized pursuant to this title or pursuant to a valid substantial development permit issued pursuant to Chapter 13.10 of the Official Code of the City of Tacoma, and consistent with the policies of Chapter 90.58 RCW (State Shoreline Management Act).
(Ord. 22868 § 1, 1983-06-07)
A. 
Other than as provided in Chapter 4.22 hereof, no master or person having charge of any vessel, watercraft, or obstruction shall anchor, affix, or store the same within the boundaries of Tacoma Harbor, including, but not limited to, any anchorage or waterway, or make the same fast to any buoy, pier, or other structure owned by or under the authority and control of the City without first obtaining a permit therefor from the City.
B. 
The Harbor Master shall have the power to order any:
1. 
Vessel, watercraft, or obstruction anchored in any anchorage or waterway or made fast to any buoy, pier, or other structure owned by or under the authority and control of the City;
2. 
Towboat and/or its tow obstructing navigation in any channel or waterway; and
3. 
Vessel, watercraft, or obstruction lying at any pier in the Tacoma Harbor which is obstructing any slip, waterway, or other vessel or watercraft;
4. 
Vessel, watercraft, or obstruction anchored or made fast at any location in Tacoma Harbor in violation of this title or other applicable laws or regulations; to be removed, and it is unlawful to fail, neglect, or refuse to comply with such order of removal by the Harbor Master.
C. 
In the event any vessel, watercraft, or obstruction identified in subsection B above is not removed as directed by a written order of the Harbor Master within 24 hours, or such order of the Harbor Master is not fully complied with in other respects, the Harbor Master shall have the power to take immediate possession of and/or impound such vessel, watercraft, or obstruction and remove the same, using such methods as in his judgment will prevent unnecessary damage to the vessel, watercraft, or obstruction, and/or assign the removal and impounding of the vessel, watercraft, or obstruction to a private party or corporation. Any expense of such removal and impounding shall be paid by the owner or other person in charge of such vessel, watercraft, or obstruction.
(Ord. 22868 § 1, 1983-06-07)
When any vessel or watercraft or obstruction has been sunk or grounded, or has been delayed in such manner as to stop or seriously interfere with or endanger navigation, the Harbor Master may order the same immediately removed and if the owner or other person in charge thereof, after being so ordered, does not proceed immediately with such removal, the Harbor Master may take immediate possession thereof and remove the same, using such methods as in his judgment will prevent unnecessary damage to such vessel or watercraft or obstruction, and the expense incurred by the Harbor Master in such removal shall be paid by the owner or other person in charge of such vessel or watercraft or obstruction; and, in case of failure to pay the same, the City may maintain an action for the recovery thereof.
(Ord. 22868 § 1, 1983-06-07)
A. 
It shall be unlawful for a master, owner, or other person without a permit from the Harbor Master to tow, move, or anchor in the Tacoma Harbor any vessel, watercraft, or obstruction which, prior to movement or tow:
1. 
Has been used as a permanent place of abode and was not engaged in navigation under its own power within 90 days; or
2. 
Appears or exists in any unseaworthy condition, uses or needs support from another vessel or watercraft to remain afloat, or otherwise appears to lack the capacity for safe movement through and across navigable waters, other than the following:
a. 
Barges, scows, or log booms in tow by a towage company authorized to do business in the State;
b. 
Vessels or watercraft temporarily disabled by accident, collision, or other malfunction, but otherwise seaworthy and capable of safe movement; and
c. 
Vessels, watercraft, or obstructions being towed or moved by or under the control of the Harbor Master or other governmental authority.
B. 
Any person seeking a permit to tow or move any vessel, watercraft, or obstruction identified in subsection A of this section shall apply to the Harbor Master therefor and shall, irrespective of the distance to be moved, post a surety bond with the City in an amount which the Harbor Master shall determine reflects the estimated expense of the removal of such vessel, watercraft, or obstruction in the event of its breakup or sinking; provided that the Harbor Master may accept in lieu thereof an indemnity agreement by a towage company agreeing to remove the vessel, watercraft, or obstruction within 10 days in the event of breakup or sinking, and, if not so removed, to reimburse the City any expense incurred by removal thereof by the City. In addition, the Harbor Master may require the permittee to provide insurance policies in form and amount as approved by the City’s Risk Manager, insuring the permittee and the City against such risk, liability, damages, and expenses as the City Risk Manager determines appropriate in light of the proposed activity or use to be undertaken by the permittee. The Harbor Master, with the consent of the City’s Risk Manager, may waive any of the requirements of this subsection B upon a finding that the vessel, watercraft, or obstruction to be towed or moved is of such small size or is otherwise of such a nature that any risk of expense to the City, damage, sinking, obstruction of public water, or harm to the marine environment or persons or property is, as determined by the Harbor Master, minimal or inconsequential.
(Ord. 22868 § 1, 1983-06-07)