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HomeMy WebLinkAbout2631 City Dock and Union Wharf Use Regulations and FeesOrdinance No. 2631 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING INTERIM ORDINANCE 2603, AND ADOPTING A NEW CHAPTER 5.46 SETTING FEES AND REGULATING USE OF CITY DOCK AND UNION WHARF FINDINGS AND RECITALS 1. The City of Port Townsend has recently constructed and is operating a floating dock and pier facilities at Union Wharf ("Union Wharf') under the powers granted by RCW 23A.21.090; and 2. The City received Department of Natural Resource (DNR), Interagency Committee for Outdoor Recreation (IAC), and Department of Ecology (DOE) grant funding for the construction of Union Wharf; and 3. The DNR grant contains no specific restrictions on Union Wharf use but encourages pedestrian access to the waterfront; and 4. The 1AC grant contained various conditions related to commercial vessel use of Union Wharf (specifically, the floating dock), which must be incorporated into the use regulations; and 5. The City Council desires to encourage transient, recreational use of Union Wharf and City Dock to ensure equal opportunity for use by all members of the boating public, and to reflect such policies in the use regulations for those facilities; and 6. The business community and Chamber of CommerCe have expressed a strong desire in favor of limited commercial passenger boat use of a designated section of the Union Wharf floating dock, noting that such vessels facilitate water-related economic development and tourism in the City's downtown waterfront; and 7. The original project agreement did not allow commercial use of any portion of the Union Wharf floating dock funded by IAC funds; and 8. In light of community and business concerns and based on the recommendation of the Parks Commission and the Parks, Recreation and Property Committee, by Resolution 97-114 the City authorized an amendment to the Project agreement with IAC to allow a portion of the Union Wharf floating dock to be funded by other sources; and Ord. 2631 9. The City Council fmds that use of this portion of the Union Wharf floating dock by commercial passenger service vessels is highly desirable for continued economic development and will open up recreational use of the waterfront to a greater portion of the public for activities such as whale watching, waterfront tours, dinner cruises, sightseeing tours, and launches and ferries from anchored commercial vessels; and 10. Given limited staffing and financial resources and in order to establish a fair method of sharing the commercial section of the floating dock, the City Council desires to adopt an annual commercial passenger service vessel permit system, rather than a reservation system. Under this system, the commercial vessel operators are expected to "police themselves" and queue up if necessary for the safe loading and unloading of passengers; and 11. The City Council desires to set fees for commercial vessel use of Union Wharf and moorage facilities, in order to provide funds for operation and necessary repairs and maintenance of the Wharf and related moorage facilities, and to adopt regulations for all use of Union Wharf; and 12. The City also owns and operates City Dock, which is currently regulated by code provisions that allow recreational and limited commercial use; and 13. By interim ordinance no. 2603 the City Council incorporated the amended City Dock regulations into one chapter of the Port Townsend Municipal Code regulating all use of City Dock and Union Wharf; and 14. Given its size and construction, Union Wharf is better suited for commercial passenger boat use, so that commercial vessel use of City Dock is to be restricted except during the low season and "shoulder" months as permitted by IAC, and 15. The City Council is aware that Union Wharf and City Dock lie in an exposed site, where unforeseen and unexpected winds can create a leeshore with all the attendant hazards. Given that these are Uself-serve' facilities, the City Council desires that this ordinance, signage and permits notify owners and operators that it is their duty to monitor wind, wave and tidal current conditions at City Dock, Union Wharf, and take all necessary measures to protect their vessels and city dock or union wharf from property damage, and passengers/crews from personal injury, should conditions warrant it; and 16. Port Townsend has a long and rich maritime and boating heritage, is often visited by historic seafaring vessels, and is a community which greatly values its role as a historic seaport. The City of Port Townsend derives substantial benefits from the use of its dock and wharf facilities by nonprofit corporations operating historic vessels. These benefits include, without limitation: tourism promotion; generation of sales tax revenues by the patrons and passengers of historic vessels; promotion and public education of the city's maritime and 2 Ord. 2631 historic heritage; and the enhancement and encouragement of Port Townsend's historic, maritime history and character. To encourage the use of city facilities by historic vessels owned and operated by nonprofit corporations, the City desires to allow such vessels to use City Dock and section E of Union Wharf free of charge, subject to specified regulations and restrictions; 17. The city Council desires to adopt permanent regulations related to use of both City Dock and Union Wharf to be codified in the Port Townsend Municipal Code, NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. Chapter 5.46 of the Port Townsend Municipal Code is hereby repealed in its entirety and replaced by the following: Chapter 5.46 CITY DOCK AND UNION WHARF USE REGULATIONS AND CHARGES Sections: Article I. General Provisions 5.46.010 Authorization. 5.46.020 5.46.030 5.46.040 5.46.050 5.46.060 5.46.070 5.46.080 5.46.090 5.46.100 5.46.110 5.46.120 5.46.130 5.46.140 5.46.150 5.46.160 Application. Intent. Definitions. Undefined words and phrases. Schematic drawings of union wharf. Adoption of additional rules by public works director - pamphlet - signage. Authorized emergency vessels exempt. Nonprofit organization uses - Waiver of fees for public agencies. Use of shelter - Commercial vending prohibited - Busking allowed. Mooring requirements and responsibilities - Repair work prohibited. Revocation of permits or future use of facilities. Non-liability of City of Port Townsend - Insurance required. Public nuisance declared - Violations - Penalties - Impounding of vessels. Contractor use. Suspension of permits/reservations for emergencies or repairs. Article H. City Dock Use Regulations 5.46.170 City dock - General regulations. 5.46.180 Use restrictions for city dock. 3 Ord. 2631 Article III. Union Wharf 5.46.190 Union wharf - Designations and signage. 5.46.200 Union wharf floating dock- Permitted activities. 5.46.210 Outboard side of union wharf- Permitted activities. 5.46.220 Use restrictions for union wharf. 5.46.230 Revenue fees. 5.46.240 Recreational and commercial use of city dock and union wharf chart. Article I. General Provisions 5.46.010 Authorization. As authorized by RCW 35A.21.090, in the exercise of its police powers, the city shall have supervision and control over all waters immediately adjacent to all docks or wharves owned by the city. For the purposes of this chapter, such waters shall be known as "the harbor.' 5.46.020 Application. The provisions of this chapter shall apply to all vessels using city moorage facilities, and shall be construed to supplement United States laws and Washington State laws and regulations when not expressly inconsistent with any laws and regulations which apply. 5.46.030 Intent. City dock and union wharf (collectively referred to as "city moorage facilities") were constructed for the benefit of the public as a whole, and are intended to provide waterfront access and recreational opportunities for a wide variety of persons. In this regard, the city expects all users, whether public or private, commercial or recreational, to use such moorage facilities responsibly and with common courtesy, to keep them free of litter, to respect and protect the public's interest, and to refrain from any activities which will or might cause the facilities damage or harm. The city further expects all commercial users of union wharf to be mindful that union wharf was constructed primarily to provide public access to, and recreational enjoyment of, the waterfront by the general public, and that any commercial use is secondary to this primary purpose. All patrons and the public are to respect the rights of others and to be particularly vigilant with regards to the control of pets, the safety of children, and keeping the facilities free of vandalism. 5.46.040 Def'mitions. Certain words and terms used in this chapter are defined as follows: "Busker," or "busking' refers to street entertainers or performers who may or may not accept donations. "City dock" is the dock constructed and operated by the city of Port Townsend located in the harbor south of Water Street on Madison Street. 4 Ord. 2631 "Commercial passenger service vessels" means vessels of 40 feet or less which provide waterfront access and recreational boating opportunities to the public, such as whale watching, waterfront tours, sightseeing, dinner cruises and other similar activities, as well as lighters or launches serving larger commercial vessels at anchor. "Commercial vessel" means any vessel engaged in commerce or operating or transporting passengers for profit (including, but not limited to, cruise ships, ferries, commercial fishing vessels and freight vessels). "Commercial vending" means the sale of goods, services or products for profit. "Emergency vessel" means any authorized emergency vessel of the city, commercial towing vessel under contract with the city, Jefferson County sheriff's department, the United States government or the state of Washington. "Lien, possessory" means a charge upon a vessel or other thing of value for the payment of satisfaction of a debt or obligation, enforceable by the city in the manner prescribed by law. "Moorage" means any city-owned transient or seasonal fie-up stations or buoys located within the harbor. "Obstruction" means a vessel or other personal property which in any way blocks, interferes with or endangers a vessel, impedes navigation, or interferes with the performance of other lawful activity of the city. "Operator" means a person who, by ownership, hire, consent of the vessel owner, or other lawful arrangement, expressly or impliedly has the right or privilege to operate a vessel within the harbor, and who is responsible for such vessel. "Overnight tie-up" means the moorage of a boat between the hours of one-half hour after sunset and 7:00 a.m. "Owner" means the person who has lawful possession of a vessel or personal property by virtue of legal title or equitable interest therein which entitled such person to such possession. "Person" means every natural person, firm, partnership, organization, corporation, association, organization or agent thereof. "Pier" means any wharf, dock, float, grid, or other structure used to promote the convenient loading and unloading of vessels. 5 Ord. 2631 "Public works director" means the public works director for the city of Port Townsend or his or her designee. "Transient, recreational vessel" means a recreational, noncommercial vessel using a city mooting facility without a permit or use agreement with the city, and includes such vessels as those recreational boaters seeking a harbor of refuge, or a facility for day use, loading and unloading, or overnight moorage on a space as-available basis. "Union wharff is the pier area, floating dock and any existing or future moorage or facilities owned and maintained by the city of Port Townsend located in the harbor south of Water Street on Taylor Street. "Vessel" means a boat, ship, watercraft, dinghy, sea kayak or other contrivance, regardless of length, used or capable of being used as a means of transportation of persons or personal property on water. 5.46.050 Undef'med words and phrases. The definition of any word or phrase not listed in the definitions which is in question when administering this chapter shall be defined from one of the following sources, in the order they are listed: 1. Any city of Port Townsend resolution, ordinance, code, regulation or formally adopted plan; 2. Any statute or regulations of the state of Washington; 3. Legal definitions from Washington common law or a law dictionary; or 4. The common dictionary. 5.46.060 Schematic drawings of union wharf. The following drawings illustrate the various sections and side of union wharf as regulated by this chapter: [schematic drawings 1 and 2 follow] 6 Ord. 2631 5.46.060 DRAWING I OF 2 Nearest in-water structures are several hundred feet away from both sides of pier. TIDAL INFORMATION 48'06'48'N 122'45'15'W PILE SUPPORTED DOC]( EDGE: OF' BULKHEAD (MHW INBOARD SIDE OF UNION WHARF F -10 4.3' 110' OUTBOARD SIDE E O B A A.D.A. RAMP (5' ~D~') FLOAT (10' ~) FLOATING DOCK SECTION -10' INNER HARBOR UNE UNION WHARF CITY of PORT TOWNSEND 5.48.060 DRAWING 2 OF 2 /-- P~E SUPPORTED DCX3K ./ 60' BUILDING , '170' ///. ~- RAMP ~~ EL * 7.:~ MHW APPRO~TE GROUND LINE --' ~ CONCRETF_~D ~ PILES, TYP UNION WHARF CITY OF PORT TOWNSEND 5.46.070 Adoption of additional rules by public works director - pamphlet - signage. A. Public Works Director Authority. The public works director shall have the authority to promulgate and adopt additional reasonable rules and regulations consistent with the intent of this chapter, pertaining to the operation, administration, management and use of city dock and/or union wharf. Any adopted rules or regulations shall be copied to the city council. Failure to comply with any such adopted rules or regulations shall be a violation of this chapter. B. Informational Pamphlet. The public works director, in consultation with the parks, property and recreation committee, is directed to develop and publish a pamphlet for distribution to potential commercial users of the facilities, which outlines operating policies and procedures, within a reasonable time after adoption of this chapter. C. Signage. The public works director is authorized to establish appropriate signage, in conformance with Chapter 17.50 PTMC, at the city moorage facilities to inform users of the requirements of this chapter. 5.46.080 Authorized emergency vessels exempt. The provisions of this chapter shall not apply to any authorized emergency vessel actually responding to an emergency call or in immediate pursuit of any actual or suspected violator of the law, within the purpose for which such emergency vessel has been authorized; provided, however, that the provisions of this section shall not relieve the operator of an authorized emergency vessel of the duty to operate with due regard for the safety of all persons using the city's harbor or city moorage facilities. 5.46.090 Nonprofit organization uses - Waiver of fees for public agencies. A. Use by the Wooden Boat Foundation. City dock, the outboard side of the union wharf floating dock (see PTMC 5.46.060, schematic drawing 1, sections A, B and C) and the outboard side of the wharf (section E) may be reserved for use by the Wooden Boat Foundation at no charge for a period in the month of September coinciding with the Wooden Boat Festival, and in June coinciding with the Youth Sea Symposium, and for other such times as approved by the parks, recreation and property committee for maritime-related special events. Such use is granted in consideration of its coordination and supervision of the seasonal placement and removal of the floating docks attached to city dock and union wharf. To take advantage of this section, the Wooden Boat Foundation must confirm the requested date(s) nine months in advance of the proposed use period. B. Other Nonprofit Organization Use. Other maritime-related nonprofit organizations may also apply to the parks, recreation and property committee for free, reserved use of city dock and union wharf for public events and celebrations, which may be granted or denied at the committee's discretion. Unless waived by the committee, such request must also be made nine months in advance of proposed use dates. 9 Ord. 2631 C. Parks, Recreation and Property Committee Authority to Waive Fees. Occasionally, persons or other public agencies (such as the Port Townsend School Distric0 request to use city dock or union wharf for a vessel engaged in a community function. To the extent such use is considered commercial rather than recreational, upon application, the parks, recreation and property committee is authorized to waive or reduce the applicable fees for such commercial use. Such waiver or reduction of fees is discretionary with the committee, based on its assessment of community value of the proposed use. Further, if recommended by the city attorney, a service agreement may be required as a condition of any such fee waiver or reduction. D. Limitation on Use. All use under this section does not extend to the inboard side of city floating dock and the inboard side of the union wharf floating dock, which are reserved exclusively for use by transient, recreational small vessels (e.g., dinghies, kayaks, and rowboats, etc.) E. Conditions of Use. All use under this section is specifically contingent on the nonprofit organization, foundation, person or public agency assuming responsibility for its operation and moorage schedule, for providing the city in advance with a hold harmless agreement in a form acceptable to the city attorney, and for providing evidence of liability insurance in an amount deemed appropriate by the city. It is also contingent on the owner or operator meeting all other applicable requirements of this chapter. 5.46.100 Use of Shelter -Commercial vending prohibited - Busking allowed. A. Use of Shelter. The shelter at union wharf may be used for free community events (such as community bands or concerts) sponsored by non-profit organizations, and/or for any special events approved in advance by the parks, recreation and property committee. No fee will be charged for such use. The Port Townsend Main Street project is hereby authorized to regulate and schedule such events on behalf of the city consistent with this section. B. Commercial Vending/Busking. Busking is permitted on city dock and union wharf; provided, however, that at times when events permitted by subsection (A) above are scheduled on the wharf, any husker who interferes with or disturbs the event may be required to cease his/her performance. Buskers may not use sound amplification of any sort. Commercial vending of any kind is prohibited on or within city dock and union wharf, except that the sale of CDS, tapes or other recorded music incidental to husking is allowed. 5.46.110 Mooring requirements and responsibilities - Repair work prohibited. A. Mooring Requirements/Responsibilities. All vessels, whether commercial or recreational, when left unattended shall be securely moored in accordance with standard, safe boating practices. The city is not responsible for providing vessel loading or off-loading equipment, does not maintain a watch over vessels during the berthing period or at any other time, and does not provide line handlers at the dock. If vessels moored at city facilities are not 10 Ord. 2631 moored safely, the city public works director may supply lines and fittings, or replace inadequate lines or fittings in such a manner as to prevent damage or injury to city moorage facilities or other vessels or property. The owner and operator of the vessel shall be jointly and severally liable for such service and for all lines, fittings and materials supplied. The civil infraction and impound procedures of PTMC 5.46.140 shall apply when such charges are not timely paid. B. Repair Work Prohibited. City dock and union wharf are not intended to be facilities for boat repair or maintenance, and any such activities are prohibited while moored or docked at city facilities, unless an emergency exists as determined by the city. The owner and operator of vessels using city facilities shall have full responsibility for all oil spills, pollution, etc., of harbor waters, and shall be liabile for damages and remediation to the full extent allowed by local, state and federal law. 5.46.120 Revocation of permits or future use of facilities. The public works director may revoke any permit and/or prohibit future use of city facilities for: (1) failure or refusal of the owner or operator of the vessel to pay required fees; (2) failure or refusal of the owner or operator of the vessel to comply with the use or time restrictions of this chapter; (3) violation of the terms of any commercial use permit; (4) providing the city with false or misleading information; or (5) violation of any other provision of this chapter. In the event a permit is revoked, all fees and charges are nonrefundable. 5.46.130 Non-liability of City of Port Townsend - In.qurance required. A. Operator Responsibility/Hold Harmless. City dock and union wharf lie in an exposed site where unforeseen and unexpected winds are common. In particular, the southeast winds blowing across Port Townsend Bay can create a leeshore. It is the sole duty of vessel operators to monitor wind, wave and tidal current conditions, and to take all necessary measures to protect their vessel, to refrain from damaging other vessels, property, or the wharf, and to protect their passengers, crew and any pedestrian from personal injury. Should property damage or personal injury occur, as a condition of use of the facilities, the owner and/or operator of the vessel shall save, indemnify and hold the city harmless from, and defend the city against any and all claims for personal injury or property damage, arising out of, or in any way connected to, use of city facilities. B. Assumption of Risk. Any person visiting or using city dock or union wharf does so at his/her own risk. The city does not assume any responsibility for loss or damage to property or personal injury within or on such city facilities. C. Insurance Required. As a condition of using city facilities, commercial vessels must provide the city with a certificate of insurance evidencing that they have the insurance coverage required by Sections 5.46.200 and 5.46.210 of this chapter. In addition, all 11 Ord. 2631 recreational vessels (other than small recreational vessels such as dinghies and kayaks) must carry adequate general liability insurance to protect against personal injury and property damage as a condition of using city facilities. 5.46.140 Public nuisance declared - Violations - Penalties - Impounding of vessels. A. Public Nuisance Declared. Violations of this chapter shall be deemed a public nuisance under RCW 35A. 11.020 and 35.23.331 and in violation of the health, safety and welfare of the city. All remedies at law or equity for the prevention and abatement of such nuisances shall apply. B. Civil Infraction. It shall be unlawful for any operator or owner of a recreational or commercial vessel to moor, dock, tie-up or make fast to city moorage facilities in non- compliance with the use, fee, scheduling and other requirements of this chapter. Violation of this chapter constitutes a civil infraction. The following schedule of fines shall be applicable to violations of this chapter: 1. Violations related to the outboard side of union wharf: $250.00 per violation. 2. All other violations: $100.00 per violation. Civil penalties may be recovered by any means available at law or equity. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be deemed a violation for purposes of this chapter. C. City Authority to Move Unlawful Vessels. Any vessel which is moored, docked, tied- up or made fast in violation of this chapter may be moved by a marine operator under contract with the city or, in an emergency, by the city itself, where necessary to protect life or property. In addition, after attempting to contact the vessel owner or operator, the city reserves the right to move a vessel where (1) the owner or operator has already received a civil infraction notice within the preceding one-month period, or (2) the space occupied by the vessel has been previously reserved by a commercial passenger service vessel or a nonprofit organization. The city assumes no liability for the moving of any vessel under this chapter, and the owner or operator of such vessel shall be required to reimburse the city for all associated costs, including but not limited to the amount due the marine operator, which may be recovered by the city by any means available at law or equity. D. Owner/operator Liability for Damages. Nothing in this chapter shall be construed so as to release any person owning, operating or controlling any vessel or obstruction from liability for damages. The safeguards to life and property required in this chapter shall not be construed as relieving any person from installing and maintaining any other safeguards which may be required by law or from practicing safe and responsible boating. In addition, any person using city moorage facilities in such a manner as to damage such facilities shall be 12 Ord. 2631 required to pay for all damages done, which may be recovered by the city by any means available at law or equity. E. Impound Authority. In addition to other penalties provided in this chapter, the city shall have the right, in the event of a violation of this chapter or failure to pay for damages under this Section 5.46.140 or Section 5.46.110, to impound the vessel at the owner or operator's expense, under the authority and procedures set forth in Section 53.08.320 RCW. Appropriately located signs informing users of moorage time limits, restrictions on use and permit and/or fee requirements shall be deemed notice of warning of impoundment by violation. No liability shall attach to the city for damage arising from moving or storage of vessels under this section. 5.46.150 Contractor use. Notwithstanding any other provision of this chapter, the public works director may allow a contractor, while engaged in the construction, renovation, repair or maintenance of union wharf or city dock, to use the facilities where necessary without a charge. The public works director may limit use of union wharf or city dock during this period. 5.46.160 Suspension of permits/reservations for emergencies or repairs. In the event of an emergency or needed repairs of city moorage facilities, the city reserves the authority to suspend any reservations or use (whether commercial or recreational) of the facilities in light of the emergency or to accomplish needed repairs. Article II. City Dock Use Regulations 5.46.170 City dock - General regulations. City dock has been constructed to primarily be used for moorage by transient, recreational boaters, and for general recreational access to the shoreline by pedestrians. The floating dock is available for vessel use on a seasonal basis (generally the months of April into October). To ensure that the floating dock and pier are used in a manner consistent with these purposes, the following use regulations shall apply to users of city dock: A. Recreational Use. The use of city dock by transient, recreational boaters is encouraged. Tie-up by transient, recreational vessels and by vessels owned and operated by a non-profit corporation, is free of charge. Except as otherwise provided in this section, such use is allowed at any time but may not exceed 24 hours in any 7-day period, unless special permission is granted by the public works director. Such use is on a first-come, first-served basis. Recreational boaters are hereby put on notice that rafting up of vessels to three-deep may occur and that any rafting up is at the owner's and/or operator's own risk. 13 Ord. 2631 1. City Dock Unloading/Loading Zone. The city public works director, upon the approval of the parks, recreation and property committee, may designate a portion of the floating dock exclusively for 30 minute unloading and loading between the hours of 7:00 a.m. and one-half hour after sunset of: (1) transient, recreational boat passengers at any time of the year, and/or (2) commercial passenger service vessels during the low recreational use season and shoulder months as further set forth in subsection B below. A person responsible for navigating such boats must remain on board while temporarily moored at city dock. 2. City Dock 24-hour Use. The city public works director, upon the approval of the parks, recreation and property committee, may designate a portion of city dock exclusively for 24-hour use by transient, recreational vessels and/or for overnight use by transient, recreational vessels. B. Commercial Passenger Service Vessel Use During Off-season and "Shoulder Months." The city strongly favors commercial use of union wharf over city dock; however, city dock may be used by commercial passenger service vessels under very limited circumstances as follows: 1. Use Certification Required. IAC grant funds, used, in part, to construct city dock, contain limitations on use of the dock by commercial vessels, particularly during what IAC defines as the "high recreational use season" (third Friday of April through September 30). However, IAC policies do allow commercial use of IAC-funded facilities during the "low recreational use season" (October 1 through the third Friday in April) upon filing and approval of a "Use Certification" before the commercial activity begins. In addition, on a case-by-case basis, IAC may allow commercial use of the dock during the "shoulder months" of the high season (i. e., May and September). The public works director, upon the annual recommendation of the parks, recreation and property committee, shall file a Use Certification with IAC for the months identified by the committee. Commercial use of the dock during off- season and shoulder months is specifically contingent on IAC annually approving a Use Certification, and nothing in this section guarantees such certification or obligates the city to seek such certification. 2. Use as Part of a Commercial Passenger Service 'vessel - Day Use Permit. In the event that the contingencies of subsection (1) above are met, any person who has obtained a commercial passenger service vessel permit for union wharf pursuant to Section 5.46.200(C) may also use city dock for loading and unloading during the same off-season and/or shoulder months, at no extra charge. However, the one-day use permit pursuant to Section 5.46.200(C)(1) is not available for city dock. Day use of city dock by commercial vessels during the off-season and shoulder months, if allowed under subsection (1) above, is permitted only upon payment of the same fees set forth in Section 5.46.210(C), and upon fulfilling the requirements set forth in Section 5.46.210(D). 14 Ord. 2631 C. Event Use. City dock may be used by the Wooden Boat Foundation or other maritime- related nonprofit organization free of charge with the prior approval of the city as further set forth in Section 5.46.090. D. Designations and $ignage. The public works director shall place appropriate signs notifying commercial and recreational users of the use regulations contained in this Article II. E. Public Works Director's Authority to Make Minor Changes. The public works director is authorized, where first approved by the parks, recreation and property committee, to make minor changes or modifications to the designations or fees charged under this chapter without further council action, provided that the city council is timely notified of any such changes. 5.46.180 Use restrictions for city dock. A. General Limitations. City dock was designed and constructed for use with certain limitations, including physical limitations such as weight, length, and draft of boats; wind restrictions; vessel tie-up limitations and requirements; tidal restrictions; and the use restrictions of the interagency committee for outdoor recreation grant funding. In all cases, the operator, as well as the owner, of the vessel assumes full responsibility for the safety and physical integrity of the vessel, its passengers, the dock, and other vessels and persons using the dock. In consideration of these limitations, the following design parameters apply: 1. Dock live load is not to exceed 100 pounds per square foot. 2. Dock is not constructed to withstand impacts greater than 500-ft. pounds. 3. Vessels are not to be operated in a manner that creates wakes along the dock. 4. Vessel mooting lines are to be attached to cleats and loads are to be limited to no greater than 6,400 pounds per cleat. 5. Vessels should not be moored at the dock when on-shore wind conditions exceed 35 mph and/or swells greater than 2 feet. 6. Vessels should not be winched to the dock when off-shore wind conditions exceed 35 mph. 7. This dock facility has no provisions for water, sewer, garbage, or electric power services. B. Responsibility of Operator. Notwithstanding the above use restrictions, the operator of each vessel is expected to know the draft and capabilities of his or her vessel, and is entirely responsible for the safety of the vessel and the safe loading and unloading of passengers during all tides and weather conditions, at whichever section of the dock the operator chooses to reserve or use. 15 Ord. 2631 Article III. Union Wharf 5.46.190 Union wharf - Designations and signage. The public works director shall place appropriate signs notifying commercial and recreational users of the use and payment regulations contained in this Article III for the various locations of the wharf (as identified in the schematic drawings at PTMC 5.46.060). The public works director is authorized, where first approved by the parks, recreation and property committee, to make minor changes or modifications to the designations or fees charged under this chapter without further council action, provided that the city council is timely notified of any such changes. 5.46.200 Union wharf floating dock - Permitted activities. The floating dock on the northeast side of union wharf is available for vessel use on a seasonal basis (generally, the months of April to November). The use policies of this chapter are intended to encourage transient, recreational boat use of the floating dock during this time. When the floating dock is removed during the off-season, no docking, mooring or tie-up to the northeast side of union wharf is allowed. The specific uses allowed at various sections of union wharf are as follows: A. Inboard Floating Dock. The inboard side of the floating dock (section D -- see schematic drawing 1) is for exclusive use by transient, recreational, small vessels (e.g., dinghies, kayaks, rowboats, etc.) on a first-come, first-served basis. No reservations are required, and no fee will be charged. Tie-up is allowed at any time; however, it shall not exceed 24 hours in any 7-day period. B. Outboard Floating Dock Sections B and C- Recreational Use Only. Sections B and C of the outboard floating dock (see schematic drawing 1) axe for exclusive use by transient, recreational vessels measuring 80 feet overall or less, on a first-come, first-served basis. No reservations are required and no fee will be charged. Tie-up is allowed at any time, but may not exceed 24 hours in any 7-day period. Recreational boaters are hereby put on notice that rafting up of vessels to three-deep may occur and that any rafting up is at the owner's and/or operator's own risk. Dinghies and other similar small vessels may not use this section of the dock. C. Outboard Floating Dock Section A - Commercial Passenger Service Vessel Use Only. Section A of the outboard floating dock (see schematic drawing 1) is for exclusive use by commercial passenger service vessels of 40 feet length overall or less, provided that the owner or operator first obtains a commercial passenger service vessel permit as required by this section. Such permit is for loading and unloading of passengers only, and is subject to the following regulations: 16 Ord. 2631 1. Permit Required for Commercial Passenger Service Vessels. A commercial passenger service vessel permit may be obtained on an annual (based on the calendar year) basis for each vessel upon payment of a $500.00 permit fee. The permit may be purchased from the city finance department at any time during the year. It shall be valid through December 31 of the year purchased during such time as the floating dock is available for use. In addition, it covers commercial use of city dock during the same year if such commercial use is sought by the city and authorized by IAC pursuant to Section 5.46.170(B) of this chapter. The permit entitles the permit holder to use the designated commercial loading and unloading section of the floating dock. Alternatively, persons operating commercial passenger service vessels who wish to use this designated section of the floating dock on a one-time or limited basis may apply for a one-day use permit, under the same terms and conditions as an annual fee permit, except for the lesser fee of $50.00/day.t Both permits must be applied for on a form provided by the city and be accompanied with the required payment. The granting of any permit under this section shall be conditioned on the applicant providing the following: ~ The $500.00 commercial passenger service permit includes the required annual business license fee for such businesses operating in the city as f~arther set forth in PTMC Chapter 5.08 (Business Licenses). The one-day use permit does not include the business license fee. a. A certificate of insurance evidencing that the applicant has in full force and effect a protection and indemnity insurance policy in an amount of not less than $1,000,000 for marine and/or general liability and including pollution liability insurance, naming the city as an additional insured. The insurance requirement may be reduced to no less than $500,000 where, at the sole discretion of the public works director, he or she determines that the proposed use poses a lesser liability risk. b. Execution of an agreement to save and hold the City of Port Townsend harmless from, and defend the city against any and all claims for personal injury or property damage arising out of, or in any way, caused by the applicant's use of the dock or wharf. c. A copy of the vessel's United States Coast Guard Certification of Documentation (if the vessel is required by law to have such certification) and current Washington State registration. Equivalent documentation shall be required of foreign vessels. d. For annual permits, evidence that the applicant has paid all applicable business and occupation taxes and/or business license fees. e. For annual permits, where any passengers may be picked up in Port Townsend, evidence of encouraging/advertising use of the Port Townsend "Park & Ride.' 2. Loading and Unloading/Conditions of Use. lJse of the designated commercial section of the floating dock is limited to 30 minutes loading and unloading of passengers, lJse 17 Ord. 2631 is without reservation on a first-come, first-served basis. A person responsible for navigating such vessel must remain on board while temporarily moored at the floating dock. Notwithstanding the 30-minute time limit, such vessels shall depart from the loading zone as soon as their passengers are loaded or unloaded if another vessel is waiting to use the loading/unloading zone. In the event that more than one permitted vessel desires to use the commercial loading/unloading zone at the same or similar times, vessel operators are responsible for queuing up safely and considerately, and communicating with each other where necessary. Commercial vessel use shall not interfere with the reserved use of the outboard section of union wharf (section E) authorized by Section 5.46.210. 3. Assignment/Transfer of Permits. No permit issued under this section may be assigned. Upon application to the city finance department, a permit may be transferred to a different vessel under the same ownership. 4. City Right to Limit Permits. The city reserves the right, at the discretion of the public works director, to limit the number of seasonal permits issued in order to prevent or remedy overuse of the floating dock. D. Event Use. The union wharf floating dock may be used by the Wooden Boat Foundation or other maritime-related nonprofit organizations free of charge with the prior approval of the city as further set forth in Section 5.46.090. 5.46.210 Outboard side of union wharf - Permitted activities. A. Commercial and Recreational Use/Reservation System. The outboard side of union wharf (section E, see PTMC 5.46.060, schematic drawing 1) and the east end of the floating dock (which is capable of being used for loading and unloading of passengers of boats docked at section E) may be used by transient recreational, nonprofit and commercial vessels as follows: 1. Any person, business, or organization desiring reserved use must receive advance approval from the city at least five working days in advance of the requested use date and pay the required fee. 2. The vessel operator shall specify on the application the specific day(s), time(s) and hour(s) of use requested. 3. Reserved use of the east end of the floating dock cannot interfere with the use of section A of the floating dock. 4. Use is limited to vessels of 175 feet length overall with a beam no greater than 40 feet, unless approval for a larger vessel is granted by the city. Approval of use by vessels larger than 175 feet by 40 feet, must be sought at least 30 days in advance of the date of proposed use, and the applicant must provide the city with all pertinent information, including but not limited to the tonnage, windage, size, and loading, unloading and docking capabilities of the vessel. Any fees incurred by the city in assessing a large vessel will be passed on to the vessel owner, and must be paid prior to granting approval. Such approval is not a guarantee of 18 Ord. 2631 safety, and the owner and operator remain fully responsible for the safety of the vessel, its crew and passengers, city facilities, and other persons or vessels, and are liable for all personal injury or property damage as further set forth in this chapter. 5. Any non-reserved use whether daytime or overnight, cannot interfere with reserved use of section E or any use of the floating dock, and a qualified person responsible for navigating the vessel must remain on board at all times. B. Reservations. 1. Reservations for use of section E of union wharf may be made up to nine months in advance of the proposed use date(s). The public works director is authorized to establish a reservation system and necessary forms to reserve space on the outboard section of union wharf. 2. Reservations for up to six hours of continuous, exclusive use of section E will be accepted on a first-come, first-served basis, contingent on paying the fee and satisfying the requirements set forth below. 3. Reservations for two one-hour loading and/or unloading at section E will be accepted on a first-come, first-served basis, contingent on paying the fee and satisfying the requirements set forth below. This reservation entities the permit holder to one loading and one unloading of passengers within a six-hour period. Each loading or unloading cannot exceed one hour. In order to reserve exclusive use of the wharf within the six-hour time period, the specific time requested must be identified in the application. In the event that the vessel operator desires to load and unload passengers more than six hours apart, two separate loading/unloading fees must be paid. C. Fees. Fees for use of the section E of union wharf must be paid to the city Finance Department at least five days in advance of the use on the following schedule: Nonprofit (must provide acceptable proof of status) Commercial ( including military) vessels 50 - 175 feet (or larger vessels as approved by the city) - continuous mooring Less than 50 feet - continuous mooring Vessels of any size - loading/unloading Recreational vessels 50 - 175 feet (or larger vessels as approved by the city) Less than 50 feet No fee $200.00/6 hours maximum $175.00/6 hours maximum $ 50.00/for 2 one-hour loading or unloading within a 6-hour period $100.00/6 hours maximum $ 75.00/6 hours maximum 19 Ord. 2631 safety, and the owner and operator remain fully responsible for the safety of the vessel, its crew and passengers, city facilities, and other persons or vessels, and are liable for all personal injury or property damage as further set forth in this chapter. 5. Any non-reserved use whether daytime or overnight, cannot interfere with reserved use of section E or any use of the floating dock, and a qualified person responsible for navigating the vessel must remain on board at all times. B. Reservations. 1. Reservations for use of section E of union wharf may be made up to nine months in advance of the proposed use date(s). The public works director is authorized to establish a reservation system and necessary forms to reserve space on the outboard section of union wharf. 2. Reservations for up to six hours of continuous, exclusive use of section E will be accepted on a first-come, first-served basis, contingent on paying the fee and satisfying the requirements set forth below. 3. Reservations for one and one-half hour loading and/or unloading at section E will be accepted on a first-come, first-served basis, contingent on paying the fee and satisfying the requirements set forth below. This reservation entitles the permit holder to one loading and one unloading of passengers within a six-hour period. Each loading or unloading cannot exceed one hour. In order to reserve exclusive use of the wharf within the six-hour time period, the specific time requested must be identified in the application. In the event that the vessel operator desires to load and unload passengers more than six hours apart, two separate loading/unloading fees must be paid. C. Fees. Fees for use of the section E of union wharf must be paid to the city Finance Department at least five days in advance of the use on the following schedule: Nonprofit (must provide acceptable proof of status) Commercial ( including military) vessels 50 - 175 feet (or larger vessels as approved by the city) - continuous mooring Less than 50 feet - continuous mooring Vessels of any size - loading/unloading Recreational vessels 50 - 175 feet (or larger vessels as approved by the city) Less than 50 feet No fee $200.00/6 hours maximum $175.00/6 hours maximum $ 50.O0/for 2 one-hour loading or unloading within a 6-hour period $100.00/6 hours maximum $ 75.00/6 hours maximum 19 Ord. 2631 D. Requirements for Commercial Vessels. For commercial vessels, the form shall include the following requirements: 1. A certificate of insurance evidencing that the applicant has in full force and effect a protection and indemnity insurance policy in an amount of not less than $1,000,000 for marine and/or general liability and including pollution liability insurance, naming the city as an additional insured. The insurance requirement may be reduced to no less than $500,000 where, at the sole discretion of the public works director, he or she determines that the proposed use poses a lesser liability risk. 2. Execution of an agreement to save and hold the City of Port Townsend harmless from, and defend the city against any and all claims for personal injury or property damage arising out of, or in any way, caused by the applicant's use of the dock or wharf. 3. A copy of the vessel's United States Coast Guard Certification of Documentation (if the vessel is required by law to have such certification) and current Washington State registration. Equivalent documentation shall be required of foreign vessels. 4. Evidence that the applicant has paid all applicable local business and occupation taxes and/or license fees. 5. Where any passenger may be picked up in Port Townsend, evidence of encouraging/advertising use of the Port Townsend "Park & Ride." 5.46.220 Use restrictions for union wharf. A. General Limitations. Union wharf was designed and constructed for use with certain limitations, including physical limitations such as weight, length, and draft of boats; wind restrictions; vessel tie-up limitations and requirements; tidal restrictions; and the use restrictions of the interagency committee for outdoor recreation grant funding. In all cases, the operator, as well as the owner, of the vessel assumes full responsibility for the safety and physical integrity of the vessel, its passengers, the dock, and other dock users. In consideration of these limitations, the following maximum use design parameters apply: 1. Dock live load is not to exceed 250 pounds per square foot. 2. Deck load -- no greater than H 20 truck. 3. Vessels are not to be operated in a manner that creates wakes along the wharf. 4. Mooring load: 10,000 pounds in any direction. This corresponds to the line load capacity that each fender pile is capable of withstanding. 5. This facility has no provisions for water, sewer, garbage, or electric power services. B. Responsibility of Operator. Notwithstanding the above use restrictions, the operator of each vessel is expected to know the draft and capabilities of the operator's vessel, and is entirely responsible for the safety of the vessel, and the safe loading and unloading of passengers during all tides and weather conditions, at whichever section of the dock the operator chooses to reserve or use. The operator is expected to monitor wind, wave and 20 Ord. 2631 current conditions, and take all necessary actions to prevent property damage or personal injury. (See PTMC 5.46.060, schematic drawing 2 for approximate depths as of July 1997.) C. Use of Inboard Side (section F). Use of the inboard side of union wharf (section F) is not permitted at any time. 5.46.230 Revenue fees. All revenues from fees collected for the commercial use of union wharf and city dock moorage facilities will be used to offset operation and maintenance costs. Any excess revenue will be used for capital repairs or replacement of such facilities. The revenues collected may not be used for operation and maintenance of other city facilities. 21 Ord. 2631 (Ord. 263[§ 1, 1998.) SECTION 2. Severability. If any clause, sentence, paragraph, section or part of this ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 16th day of March, 1998. Attest: ~' ' 1 rk 03/19/98 Final/City Council 3/16/98 ca§Ord{ChS-46F3.doc} Ju~McCulloch, Mayor ?iy Attorney 23 Ord. 263i