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.
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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