HomeMy WebLinkAbout2603 City Dock and Union Wharf Regulations and FeesOrdinance No. 2603
AN INTERIM ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING
AND REPLACING CHAPTER 5.46, CITY DOCK USE REGULATIONS AND
CHARGES, REVISING REGULATIONS AND FEES FOR ITS USE AND ADOPTING
REGULATIONS AND FEES FOR THE USE OF UNION WHARF AND CITY DOCK,
AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, 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
WItEREAS, the City received Department of Natural Resource (DNR), Interagency
Committee for Outdoor Recreation (IAC), and Department of Ecology (DOE) grant funding
for construction of Union Wharf; and
WHEREAS, the DNR grant contains no specific restrictions on Union Wharf use but
encourages pedestrian access to the waterfront; and
WHEREAS, the IAC grant contained various conditions related to the operation,
maintenance, use and fees related to Union Wharf (specifically, the floating dock), which must
be incorporated into any use regulations; and
WHEREAS, the City Council desires to encourage transient, recreational use of Union
Wharf, to ensure equal opportunity for use by all members of the boating public, and to reflect
such policies in the use regulations for Union Wharf; and
WHEREAS, although the City Council desires to allow limited commercial passenger
boat use of designated sections of the Union Wharf floating dock because such vessels provide
recreational boating opportunities to the public, such as whale watching, waterfront tours,
sightseeing and transportation to other destinations (e.g., the San Juan Islands, Seattle, etc.),
city staff is still discussing regulations related to limited commercial use of a portion of the
floating dock with IAC staff; and
WHEREAS, while discussions with IAC staff are ongoing, the Council desires to
adopt an interim ordinance disallowing commercial use of the Union Wharf floating dock
pending the outcome of those discussions, but to allow immediate commercial and recreational
vessel use of the outboard side of Union Wharf and recreational use of the floating dock; and
WHEREAS, the City Council desires to set fees for such commercial vessel use of
Union Wharf and moorage facilities, in order to provide for operation and necessary repairs
Ord. 2603
and maintenance of the Wharf and related moorage facilities, and to adopt regulations for all
use of Union Wharf; and
WHEREAS, the city also owns and operates City Dock, which is currently regulated
by code provisions which allow recreational and limited commercial use; and
WHEREAS, for ease of reference, the City Council desires to incorporate the amended
City Dock regulations into one chapter of the Port Townsend Municipal Code regulating all
use of City Dock and Union Wharf; and
WHEREAS, given its size and construction, Union Wharf is better suited for
commercial passenger boat use, so that the City Council desires to ultimately adopt regulations
indicating a preference of commercial passenger boat use of Union Wharf over City Dock;
and
WHEREAS, city staff expects to resolve issues related to the IAC grant conditions
during the next month, and to thereafter bring a revised ordinance to Council; and
WHEREAS, the City Council desires to adopt an interim ordinance immediately so
that use regulations are in place for Union Wharf during the peak season summer months; and
WHEREAS, the City Council finds that commercial passenger vessel use of a portion
of Union Wharf floating dock is highly desirable for continued economic development in the
city and would open up recreational use of the waterfront to a greater portion of the public;
and
WHEREAS, the City Council therefore directs staff to expeditiously negotiate the
terms of the permanent ordinance with IAC, with the intent of allowing limited commercial
passenger service use of the floating dock, and to bring such ordinance back to Council as a
priority matter,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
2 Ord. 2603
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/signage.
Authorized emergency vessels exempt.
Wooden Boat Foundation use.
Mooring requirements - Repair work prohibited.
Revocation of permits/future use of facilities.
Use of shelter - Commercial vending prohibited - Busking allowed.
Nonliability of city.
Liability for damages.
Public nuisance declared - Violations - Penalties - Impounding of vessels.
Contractor use - Emergencies.
Article H. City Dock Use Regulations
5.46.170 City dock - General regulations.
5.46.180 Use restrictions.
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.
Article I. General Provisions
5.46.010 Authorization.
As authorized by RCW 35A.21,090, the powers and jurisdictiOn of the city with boundaries
adjacent to or fronting on any bay, sound, or other navigable waters, shall extend into and
over such waters and over any tidelands intervening between any such boundary and any such
waters to the middle of such waters in every manner and for every purpose that such powers
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and jurisdiction could be exercised if the waters were within the city limits. The city in the
exercise of its police power hereby assumes control and jurisdiction over all waters within its
limits, and such waters shall, for the purpose of this chapter, be known as "the harbor.'
5.46.020 Application.
The provisions of this chapter shall be applicable to all vessels operating in the city's harbor,
and shall be construed to supplement United States laws and Washington State laws and
regulations when not expressly inconsistent with any such laws and regulations that 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 concerning control of pets, safety of children, and
vandalism.
5.46.040 Del'tuitions.
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.
"Commercial passenger service vessels" means vessels which provide waterfront access
and recreational boating opportunities to the public, such as whale watching, waterfront tours,
sightseeing and transportation to other destinations accessible by boat (e.g., the San Juan
Islands, Victoria, etc.), and other similar activities.
"Commercial vessel" means any vessel engaged in commerce or operating for profit.
"Commercial vending" means the sale of goods, services or products for profit.
4 Ord. 2603
"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 tie-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 a wharf, float, grid, or other structure used to promote the convenient
loading and unloading of vessels or the repair thereof.
"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
mooring facility without a permit or use agreement with the city, and includes such vessels as
those seeking a harbor of refuge, day use, loading/unloading, or overnight use on a space as-
available basis.
5 Ord. 2603
"Union wharf" 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 cai>able 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. 2603
5.46.060 DRAWING I OF 2
Nearest in-water structures are several
hundred feet away from both sides of pier..
TIDAL INFORMATION
4,B"O6'4.B'N
122'45'15"W
PILE
SUPPORTED 'DOCX ~
EDGE OF D(ISTING
BULKHEAD (MHW
INBOARD SIDE
OF UNION WHARF
F
43'
110'
O
B
A
OUTBOARD SIDE
E
A.D.A. RAMP
(5' WDE)
FLOAT
(~ o' w~o~')
FLOATING DOCK
SECTION
-10'
INNER
HARBOR
UNE
UNION WHARF
CITY of PORT TOWNSEND
· . 5.46.060 DRAWING 2 OF 2
~- PLE SUPPORTED DOCK
170' ./ ,-RAMP 60' /f/-- BUILDING
EL +17.5
~' T ~ ' 'r------.~ ' ~F-~J--~ll EL + 7.7 MEW
,. - EL 0 MLLW
~:::~I~,OXIM~'I'~ GROUND LINE// x~
-~ CONCRETE AhlD STF~ Pll .cS, TYP
UNION WHARF
CITY OF PORT TOWNSEND
5.46.070 Adoption of additional rules by public works director/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
reasonable intent of this chapter, pertaining to the operation, administration, management and
use of city dock and/or union wharf. Failure to comply with any such adopted rules and
regulations shall be a violation of this chapter. Any such rules and regulations shall be copied
to council.
B. Informational Pamphlet. The public works director, in consultation with the parks,
property and recreation committee, should develop and publish a pamphlet for distribution to
potential commercial users of the facilities, which will outline operating policies and
procedures.
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 Wooden Boat Foundation use.
A. City dock, the outboard side of the union wharf floating dock (see Section 5.46.060
of this chapter, Sections A, B, and C in schematic drawing 1) 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 UWooden Boat Festival" and for other
such times as approved by the parks, recreation and property committee for maritime-related
special events. The Wooden Boat Foundation's use does not extend to the inboard side of city
dock and the inboard side of the union wharf floating dock, which must remain available for
use by transient, recreational small watercraft.
B. The Wooden Boat Foundation's 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, however, the Wooden Boat
Foundation must confirm the requested date(s) nine months in advance of the proposed use
period.
8 Ord. 2603
C. During these periods of specially reserved use, the Wooden Boat Foundation shall
assume the responsibilities for and benefits of operations and moorage schedules, and shall
provide the city in advance with a hold harmless agreement in a form acceptable to the city
attorney, as well as liability insurance in an amount deemed appropriate by the city.
5.46.100 Mooring requirements - Repair work prohibited.
A. Mooring Requirements. All vessels, when unattended, shall be securely moored in
accordance with standard, safe boating practices. If vessels moored at city facilities are not
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, and shall charge
the owner or operator of the vessel for such service and for lines, fittings and materials
supplied. The civil infraction and impound procedures of Section 5.46.150 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. The owner and operator of vessels using city facilities have full responsibility
for all oil spills, pollution, etc., of harbor waters, and are liable for damages and remediation
to the full extent allowed by state and federal law.
5.46.110 Revocation of permits/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.
5.46.120 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. Port Townsend Main Street is hereby authorized to regulate and
schedule such events on behalf of the city consistent with this section, and any such use must
comply with Main Street regulations.
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 busker 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, etc., incidental to busking is allowed.
9 Ord. 2603
5.46.130 Nonliability of city.
Anyone 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.
5.46.140 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 required to pay for all damages done, and the
public works director is authorized to hold or impound any vessel, pursuant to Section
5.46.150 below, until satisfactory arrangements with such person and/or the owner of the
vessel have been made for payment.
5.46.150 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. Civil infraction penalties shall be cumulative
penalties in the amount of $250 per day for violations related to the outboard side of union
wharf, and $100 per day for all other violations. 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 or
tied-up 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 neces~ 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 the Wooden Boat Foundation.
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,
10 Ord. 2603
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. 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 to impound the vessel at the
owner or operator's expense, under the authority and procedures set forth in RCW 53.08.320.
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.
5.46.160 Contractor use - Emergencies.
A. 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.
B. Emergencies/Revocation of Permits. The public works director may limit use of
union wharf during this period. In addition, in the event of an emergency or needed repairs,
the city reserves the authority to revoke any reservations 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 for a period not to exceed 24 hours, except by special permission by the public works
director, 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 through
November). To ensure that the 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 regulations for city dock are intended to encourage use
by transient, recreational boaters. Tie-up by transient, recreational vessels is free of charge.
Unless otherwise specified 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.
B. Event Use. City dock may be used with prior approval by the public works
director, for Wooden Boat Foundation festival dockage (see Section 5.46.090) and other
public events and celebrations.
C. 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
11 Ord. 2603
floating dock for time-limited unloading and loading of transient, recreational boat passengers
and commercial passenger service vessels (allowed by subsection (F) below) between the hours
of 7:00 a.m. to one-half hour after sunset. A person responsible for navigating such boats
must remain on board while temporarily moored at city dock.
D. City Dock Time Restrictions. The city public works director, upon the approval of
the parks, recreation and property committee, may designate a portion of city dock for 24-hour
use by transient, recreational vessels and/or for overnight use only by transient, recreational
vessels.
E. Limited Commercial Passenger Service Vessels. Any portion of the floating dock
designated as a loading and unloading zone for city dock may be used by commercial
passenger service vessels (as defined in Section 5.46.040), upon the vessel operator or owner
obtaining a commercial passenger service permit as provided in this section. Provided,
however, that the city may require any person holding such a permit for city dock under this
interim ordinance to transfer the permit to a union wharf, once the commercial passenger
service use regulations are adopted for union wharf. The annual commercial passenger service
permit is for loading and unloading of passengers only, and shall be subject to the following
regulations:
1. Permit Required for Commercial Passenger Service Vessels. An annual
(based on the calendar year) commercial passenger service permit must be obtained for each
vessel from the city finance department, on a form provided by the city, upon payment of an
annual fee of $500.00. The annual permit entities the permit holder to use the designated
portion of the designated loading and unloading portion 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.~ The granting of any permit under this section shall be conditioned on the
applicant providing the following:
t The $500.00 commercial passenger service permit includes the required annual business
license fee for such businesses operating in the city. 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, 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.
12 Ord. 2603
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 (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. Evidence that the applicant has paid ail applicable business and
occupation taxes and/or business license fees.
& Ride."
e. Evidence of encouraging/advertising use of the Port Townsend "Park
2. Loading and Unloading/Overnight Use. Use of the designated commercial
section of the floating dock is limited to 30 minutes loading and unloading of passengers,
between the hours of 7:00 a.m. and one-half hour after sunset. Use 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. Overnight use
(between the hours of one-half hour after sunset and 7:00 a.m.) of all sections of the floating
dock is permissible for transient, recreational vessels only.
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 permits issued in order to prevent or remedy
overuse of the floating dock.
F. Designations and Signage. The public works director shall place appropriate signs
notifying commercial and recreational users of the use regulations contained in this Article II.
The public works director may, where approved by the parks, recreation and property
committee, make minor changes or modifications to such designations without further council
action, provided that council is notified of any such changes.
5.46.180 Use restrictions.
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
13 Ord. 2603
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 design parameters apply:
1. Dock live load is not to exceed 100 psf.
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 mooring 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 he/she chooses to reserve or
Use.
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 regulations contained in this Article III for the various locations of the wharf
(as identified in the schematic drawings at Section 5.46.060 of this chapter). The public works
director may, where approved by the parks, recreation and property committee, make minor
changes or modifications to such designations without further council action, provided that
council is notified of any such changes.
5.46.200 Union wharf floating dock - Permitted activities.
The floating dock 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 northwest side of union wharf is
allowed.
A. Inboard Floating Dock. Section D (see Section 5.46.060, schematic drawing 1) of
the inboard side of the floating dock is for exclusive use by transient, recreational small
watercraft (e.g., dinghies, tenders, etc.) on a first-come, first-served basis. No reservations
14 Ord. 2603
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 - Recreational Use Only On An Interim Basis. Pending
further review of 1AC grant restrictions, all sections (Sections A, B, and C; see schematic
drawing 1) of the outboard floating dock are for exclusive use by transient, recreational vessels
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 may occur and that any rafting up is
at the owner's and/or operator's own risk.
5.46.210 Outboard side of union wharf - Permitted activities.
A. Commercial and Recreational Use/Reservation System. Section E of the outboard
side of union wharf (see Section 5.46.060, schematic drawing 1) may be used by transient,
recreational and commercial vessels, provided that such users receive advance approval from
the public works director at least 15 days in advance of the requested use date and pay any
required fee. Tie-up is allowed at any time, but may not exceed 24 hours in any 7-day period.
B. Reservations. Reservations for use of Section E of union wharf may be made up to
nine months in advance of the proposed use date(s).
C. Fees. Fees for use of the outboard section must be paid to the city Finance
Department at least seven days in advance of the use on the following schedule:
Nonprofit (must provide acceptable proof of status)
Commercial ( including military) vessels
50 feet or longer
less than 50 feet
Any size, one hour or less loading/unloading
Recreational vessels
50 feet or longer
less than 50 feet
Any size, one hour or less loading/unloading
No fee
$200.O0/day
$175.00/day
$ 50. O0/day
$100.00/day
$ 75.00/day
No fee
D. The public works director is authorized to establish a reservation system and
necessary forms to reserve space on the outboard section of union wharf. 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, naming the city as an additional insured. The insurance
15 Ord. 2603
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, mused by the applicant's use of the dock or wharf.
3. A copy of the vessel's United States Coast Guard certification (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.
Ride."
5. Evidence of encouraging/advertising use of the Port Townsend "Park &
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 use design parameters apply:
wharf.
1. Dock live load is not to exceed 250 psf.
2. Dock is not constructed to withstand impacts greater than 1,000 ft.-pounds.
3. Vessels are not to be operated in a manner that creates wakes along the
4. Vessel mooring lines are to be attached to cleats and loads are to be limited
to no greater than 10,000 pounds.
5. Vessels should not be moored at the dock when on-shore wind conditions
exceed 50 mph and/or swells greater than 4 feet.
6. Vessels are not to be winched to the dock when off-shore wind conditions
exceed 50 mph.
7. 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 his or her vessel, and is entirely
responsible for the safety of the vessel, and the safe loading and unloading of passengers
16 Ord. 2603
during all tides and weather conditions, at whichever section of the dock he/she chooses to
reserve or use. (See Section 5.46.060, schematic drawing 2 for approximate depths as of July
1997.)
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 will be deposited
in an account within the parks fund to be first used for capital repairs or replacement of such
facilities, and any remainder used for acquisition and/or development of outdoor recreation
lands or facilities consistent with the city's park and recreation plan. Such funds may not be
used for operation and maintenance of other city facilities.
(Ord. 2603 § 1, 1997.)
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 4th day of August,
1997.
Attest:
Pam Kolacy, City Clerk
08/04/97 Ord{CDock804.ord}
Juli~e//~cCulloch, May~r
Approved as io Form:
17 Ord. 2603