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Home My WebLink About2395 City Dock Use Regulations and ChargesORDINANCE 2:3 q$ AN ORDINANCE OF THE CITY OF PORT TOWNSEND ESTABLISHING A NEW CHAPTER 5.46 ENTITLED "CITY DOCK USE REGULATIONS AND CHARGES", ESTABLISHING REGULATIONS FOR THE USE OF CITY DOCK, ESTABLISHING FEES TO BE CHARGED FOR THE USE OF CITY DOCK AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Townsend has constructed and is operating dock and pier facilities at City Dock under the powers granted by RCW 35.23.455; and WHEREAS, the City Council has found it necessary to set fees and provide regulations for the use of said dock and pier facilities in order to ensure equal opportunity and use for all members of the boating public, and to provide for necessary repairs and maintenance to said facility; and WHEREAS, The City received Interagency Committee for Outdoor Recreation (IAC) and Department of Ecology (DOE) grant funding for construction of City Dock; and WHEREAS, The IAC grant contained various conditions related to the operation, maintenance, use and fees related to City Dock; Now, therefore, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF PORT TOWNSEND: Section 1. A new Chapter 5.46 of the Port Townsend Municipal Code entitled "City Dock Use Regulations and Charges" is hereby added to the Port Townsend Municipal Code to read as follows: CITY DOCK USE REGULATIONS AND CHARGES 5.46.010 5.46.020 5.46.030 5.46.040 City Dock - General Use Regulations Use Restrictions Reservation System and Insurance Requirements for Dock Use Fees 5.46.010 City Dock - General Use 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. "City Dock" is defined to be the dock and pier facility located over Port Townsend Bay at the end of Madison Street. To ensure that the dock and pier are used in a manner consistent with these purposes, the following general use regulations shall be applicable to users of City Dock: A. City Dock shall be reserved for use primarily for transient recreational boating. "Transient recreational boat use" is defined as a recreational, noncommercial boat moored up to 24 hours. B. During the period between May 1 through September 15 of each year, use of City Dock by vessels engaged in commercial activities is prohibited except for vessels loading and unloading passengers whose recreation destination is accessible only or primarily by boat, except as specifically provided otherwise in this Chapter. C. Commercial use of City Dock may be permitted by the Director of Public Works throughout the year for the following activities, provided, however, that during these activities, a minimum of 25 % of the dock/pier is left open to recreational boaters: 1. Festival dockage and other recreational or public events and celebrations. 2. Short term dockage for commercial vessels loading and unloading passengers whose recreational destination is accessible only or primarily by boat. D. City Dock may be reserved by the Director of Public Works for the Wooden Boat Foundation at no charge for a period in the month of September coinciding with the Wooden Boat Festival and for a period in the month of June coinciding with the Youth Sea Symposium in consideration of the Wooden Boat Foundation's coordination and supervision of the seasonal placement and removal of the floating dock attached to City Dock. During these periods the Wooden Boat Foundation shall assume the responsibilities for and benefits of operations and moorage schedules. E. The Director of Public Works may allow a contractor, while engaged in the construction, renovation, repair or maintenance of City Dock, to use the dock facility without a charge. The Public Works Director may limit use of City Dock during this period. 5.46.020 Use Restrictions. 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 usage restrictions of the Interagency Committee for Outdoor Recreation grant funding. In all cases, the captain 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 restrictions on City Dock shall be imposed: ,R3 5.C' dock. General Limitations. Dock live load is not to exceed 100 psf. Dock is not constructed to withstand impacts greater than 500 ft.-pounds. 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 are to be limited to no greater, than 6,400 pounds. 5. Vessels are not to be moored at the dock when on-shore wind conditions exceed 35 mph and/or swells greater than 2 feet. 6. Vessels are not to 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. 8. Primary use of the floating dock is for noncommercial vessels. 5.46.030 Reservation System and Insurance Requirements for Dock Use. A. Reservation System. All commercial users of City Dock shall be required to receive advance approval of the Director of Public Works or his or her designee to use City Dock. The Director of Public Works is authorized to establish a reservation system and necessary forms to reserve space at City Dock for commercial users. Users with reservations at the dock shall have priority over other users of the dock for moorage at the time of the reservation. All overnight users of the dock (not including those using the floating dock) shall contact the Public Works Department immediately upon docking to be informed whether there are prior reservations for use of the dock which may conflict with their use. During weekends or off-hours, users are required to report and register by: (1) contacting the police station; (2) completing a registration form when available at or adjacent to the City Dock; or (3) pre- registering with the Director of Public Works. The Director of Public Works is authorized to establish appropriate signage at the dock to inform users of the requirements of this Section and this Chapter. The reservation system for the dock shall be designed to recognize that the primary use of the dock is for transient recreational users and shall limit commercial availability of the dock in a manner consistent with this purpose. The dock shall be available for transient recreational 3 boaters without a prior reservation as space allows and when not in conflict with a reserved use of the dock. B. Insurance Requirements. All commercial users of the dock, including non- prOht vessels, shall have a Certificate of Insurance on file in advance of use with the Public Works Department. Insurance may be required with such limits and provisions as may be established by the Director of Public Works consistent with the advice of the City Attorney. 5.46.040 Fees. Fees for use of City Dock shall be established and collected in advance of use on the following schedule: A. Transient Recreational Use No Fee Non-Profits No Fee (must provide acceptable proof of status) Co Commercial/Military Vessels: -- 50 ft. or longer -- less than 50 ft. Flat Fee $200/day $175.00/day Commercial vessels loading and unloading (maximum one hour docking time) $20 each docking All fees shall be paid within 30 days of dock usage and/or in advance of use of the dock where a reservation has been obtained. A reasonable advance deposit system may be established by the Public Works Director where multiple reservation dates are requested. Future use of the dock may be refused where payment has not been made. All revenues from fees collected for use of City Dock which exceed the costs for operation and maintenance of the Dock must be deposited in a capital reserve fund identifiable within the City Budget for acquisition and/or development of outdoor recreation lands or facilities consistent with the City's Park & Recreation Plan. Such funds may not be used for operation and maintenance of other facilities. 4 Section 2. This ordinance shall become effective upon its passage, approval and publication in the form and manner provided by law. The City may periodically review and adjust City Dock operations and fees. Read for the first, second and third times, passed by the City Council and approved by the Mayor this 7 t:~ day of .t~/S?,o~,bt , 1994. t ' M.~~e,- Mayor Attest: David A. Grove, Approved as to form: Den~ McLerran, City Attorney ORDINANS\CITYDOCKI .DOC 5