No use or occupancy of any portion of a waterway may be made except (if not otherwise prohibited by any other law) for the purpose of transport and movement and the loading and unloading of vessels and watercraft, and except for such other uses as may be specifically authorized by substantial development permit pursuant to Chapter 13.10 of the Official Code of the City of Tacoma, consistent with the policies of Chapter 90.58 RCW, and except for such temporary uses and occupancies which may be authorized by written permit of the Harbor Master as provided in this chapter. All uses and occupancies of waterways, whether by permit or otherwise, shall be subject to the following terms and conditions:
A. 
All vessels, watercraft, or obstructions shall be anchored, moored, or secured in such a manner as to minimize interference with navigation in the waterway, and shall be promptly removed upon order of the Harbor Master in the event clearance of the waterway is necessary as determined by the Harbor Master for navigation, or in an emergency.
B. 
The owner or master of any vessel, watercraft, or obstruction anchored or moored in the navigable portions of any waterway shall be responsible for the safe anchorage and fastening of the same and for any action necessary to prevent sinking.
C. 
It shall be unlawful to use any vessel, watercraft, or obstruction as a place of abode while moored or anchored in the Tacoma Harbor unless so authorized by permit from the City.
D. 
No use of a waterway shall unreasonably restrict water access to adjacent privately or publicly owned or controlled property, or conflict with a use of a waterway permitted by any public body.
(Ord. 22868 § 1, 1983-06-07)
A. 
Authorization. The Harbor Master may authorize the use and occupancy of any portion of Tacoma Harbor for a period not exceeding 30 days by a written use and occupancy permit as provided in this section.
B. 
Application. Any person seeking the temporary use and occupancy of a waterway or a portion thereof shall apply in writing therefor to the Harbor Master. If the application be for a specific vessel, watercraft, or obstruction, the application shall state the owner and master’s name, address, and telephone number, the type and size of vessel or watercraft, the location in which anchorage or moorage is requested, the reason for the application, and the length of time for which the permit is desired.
C. 
Issuance. The Harbor Master may issue a permit for the temporary use and occupancy of a portion of Tacoma Harbor with appropriate terms and conditions upon finding that the use and occupancy sought is compatible with use of the Tacoma Harbor as a public way for watercraft and the convenience of commerce, is consistent with the City’s land use planning in the immediate vicinity and Chapter 13.10 of the Official Code of the City of Tacoma, and does not deprive adjacent properties of reasonable water access. The Harbor Master may waive compliance with the terms and conditions of this section for permit applications by the United States of America and its agencies, by the State of Washington, and by municipal corporations. Among other terms and conditions, the Harbor Master may require: (1) that the vessel or watercraft connect its plumbing system to the nearest available City sanitary sewer; (2) that the vessel or watercraft permit the anchorage or fastening of vessels or watercraft alongside and access thereto, or that the vessel or watercraft be removed as soon as privately owned or privately controlled moorage space becomes available; (3) that the applicant, prior to the issuance of the permit, provide and maintain in full force and effect, while the permit is in force, public liability insurance in an amount specified by the City’s Risk Manager, sufficient to cover potential claims for bodily injury, death, or disability, and for property damage which may arise from or be related to the applicant’s use of the Tacoma Harbor, naming the City as an additional insured; (4) that the applicant, prior to the issuance of the permit, provide and maintain during the period of the permit a bond or cash deposit in an amount specified by the Harbor Master, sufficient to cover the potential cost of removal of watercraft, vessel(s), or obstruction(s) to be located in Tacoma Harbor in the event of sinking, and in the event of adjacent publicly owned structures, the cost of repair thereof in the event of collision; and in the event of fixed structures, the estimated cost of removal upon expiration of the permit; (5) that the applicant, prior to the issuance of the permit, execute and deliver to the City, upon a form supplied by the Harbor Master, an agreement in writing and acknowledged by the applicant to hold and save harmless the City from any and all claims, actions, or damages of every kind and description which may accrue to or be suffered by any persons by reason of or related to the use and occupancy of the Tacoma Harbor by the permit holder. The applicant shall comply with the terms and conditions of the permit and shall cease the use and occupancy of the Tacoma Harbor on expiration of the permit unless an additional permit be issued.
(Ord. 22868 § 1, 1983-06-07)
All permits granted under the provisions of this title for the use of any portions of Tacoma Harbor shall be wholly of a temporary nature, shall vest no permanent right, and may be revoked without notice in case: (1) any such use or occupancy shall become dangerous to the public or persons other than the permit holder, or the permit holder shall fail to comply with the provisions of this title on a matter directly or materially affecting the health or safety of the public or the safety of adjoining property or passage through other portions of the Tacoma Harbor; or (2) the permit holder shall refuse to comply with the provisions of this title or the conditions of the permit.
(Ord. 22868 § 1, 1983-06-07)
No permit issued pursuant to this chapter, or right or privilege granted under such permit, may be assigned, sublet, or transferred between persons, or from one vessel, watercraft, or obstruction to another, by operation of law or otherwise, without the written consent of the City.
(Ord. 22868 § 1, 1983-06-07)
The issuance of a permit hereunder shall not authorize any use or activity in the Tacoma Harbor which is otherwise prohibited by Federal or State law or City ordinances, nor authorize the use of any shore facility or structure not owned by the permittee unless the permittee has the requisite consent to use such shoreline facility or structure from the owner or other entity having the legal capacity to consent to such use.
(Ord. 22868 § 1, 1983-06-07)