Section 1-9 of the Code of Ordinances of the City of Georgetown allows for the amendment of the Code of Ordinances from time to time; and

Transcription

1 8.A Packet Pg. 32

2 8.A Packet Pg. 33

3 AN ORDINANCE TO AMEND CHAPTER 20 BY DELETING ARTICLE VII MOORING BUOYS SECTIONS BY MOVING AND RENUMBERING THOSE SECTIONS AND ADDING CHAPTER 20 ARTICLE X CITY MARITIME MOORING FIELD, BOATS, AND ABANDONED VESSELS TO THE CODE OF ORDINANCES FOR THE CITY OF GEORGETOWN Section 1-9 of the Code of Ordinances of the City of Georgetown allows for the amendment of the Code of Ordinances from time to time; and The City Council of the City of Georgetown recognizes the importance of the Harborwalk, Sampit River, and river area to the citizens, merchants, and visitors; and The City Council desires to take steps necessary to promote and protect the aesthetics, public safety, and user-friendliness of the river for guests, the boating and cruising community, and the citizens; and The City Council enacted an ordinance to address abandoned vessels in 2006 that was supplanted by state law in 2011 ( , SC Code) requiring the city ordinance to be amended; and The City desires to address mooring buoys, river use, law enforcement, and abandoned vessels in a manner consistent with state law; and The City has gotten approvals required and agreements with necessary agencies to permit the City to enact its own Mooring Buoy and Abandoned Vessels ordinance; NOW, THEREFORE BE IT ORDAINED by the Mayor and City Council of the City of Georgetown, South Carolina, that the City of Georgetown Code of Ordinances Chapter 20, be amended as follows: ARTICLE VII. MOORING BUOYS are removed in their entirety and this Article and these sections are reserved. Packet Pg. 34

4 ARTICLE X. CITY MARITIME MOORING FIELD, BOATS, AND ABANDONED VESSELS Scope and Purpose. The provisions of this article are intended to address use of the Sampit River along the City Harborwalk side of Goat Island, from Morgan Park to the Kamiski House, for the benefit of the citizens and boating community, to encourage safety for the boating public and along the waterfront, and promote scenic beauty. The provisions of this article are intended to address mooring buoys, river use, law enforcement, and abandoned vessels in a manner consistent with state law, including but not necessarily limited to Title 50 of the South Carolina Code of Laws, which shall govern all activity and matters related to watercraft on the waters, and the shores and banks the Sampit River as indentified herein, located within the jurisdictional limits of the City of Georgetown. It is the intent of the City, that any action taken with regard to South Carolina Code of Laws, Title 50, Chapter 21, Section 190, Abandoning Watercraft or Outboard Motor; Penalty; Removal, will be done with the full knowledge and in collaboration with the South Carolina Department of Natural Resources Definitions. Except where the context clearly indicates otherwise, the following terms and phrases as used in this definition shall have the following meanings: (1) Abandon or abandoned describes any nuisance watercraft that has been anchored, moored, stranded, wrecked, sinking or sunk, or that is no longer functional for its primary purpose, or has been left unattended for longer than forty-five (45) days. A watercraft is not abandoned if it is legally moored or is legally and permissively on private property. (2) Abandon or abandoning means the act of anchoring, mooring, stranding, wrecking, sinking, or leaving a watercraft unattended beyond the proscribed period and/or in an unlawful manner such that has become a nuisance or danger. (3) Boat means a vessel or watercraft. (4) City Maritime Field for purposes of this Article means the area of the Sampit River established by drawing a straight line from the southernmost property corner of the Stewart-Parker House across to the Packet Pg. 35

5 northern tip of Goat Island to form the northern boundary and drawing a straight line from the southern tip of Goat Island to the "S" marker or day beacon in Sampit River ship channel, then to the public boat ramp located at East Bay Park to form the southern boundary. A map of this area and details about the quantity, location, and description of the mooring buoys is attached hereto and made a part of this ordinance. (5) Department means the South Carolina Department of Natural Resources. (6) Mooring Buoy means a buoy fixed to the bottom in the navigable water with means such as a ring to moor a vessel by use of anchor chain or mooring lines, moored at the bow. (7) Operator means every person who steers or is in control of the use, navigation, movement, anchoring, mooring, or employment of a vessel. (8) Owner means a person, other than a lien holder, who claims lawful possession of a vessel or outboard motor by virtue of legal title or equitable interest in it which entitles him to possession. (9) Person means an individual, a partnership, a firm, a corporation, an association, or other legal entity. (10) Unattended as it pertains to watercraft means there are no observable change in circumstances or evidence of being looked after or maintained in any way and no substantial change in location. (11) Use means operate, navigate, or employ. (12) Vessel means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water. (13) Waters of the City means waters adjoining the territorial limits of City of Georgetown as designated and agreed to by the South Carolina Department of Natural Resources (Seeattached map ofcity Maritime Field), but not on private lakes or ponds. Packet Pg. 36

6 (14) Waters of the state means waters within the territorial limits of the state but not private lakes or ponds. (15) Watercraft means anything used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or anything that does not meet construction or operation requirements of state or federal government for watercraft Administration. Authority was granted by the South Carolina Department of Natural Resources under S.C. Code, section to administer and enforce the provisions of this article in a letter from the Department Director on August xx, This authority shall be vested in the City of Georgetown Administrator and subject to his delegation to the City of Georgetown Police Chief or other designee. Public safety officials and their authorized contractors shall have the authority to board an abandoned vessel, defined as any watercraft that has been moored, stranded, wrecked, sinking, or sunk, and has been left unattended for longer than forty-five days, subject to the provisions of this article or to any applicable rule or regulation for the purpose of inspection or determining compliance with the provisions of this article. Such officials are empowered to post seizure notices, issue summons for appearance in court or make arrest for violations of this article or the rules and regulations prescribed hereunder. The Department, through its office of General Counsel, has granted the City of Georgetown Police Department authority to enforce South Carolina boating laws within the Waters of the City Anchoring prohibited (a) Anchoring within one hundred forty (140) feet of a mooring buoy owned by the city is prohibited. No vessel shall be anchored within the Corps of Engineers established channel. Boats anchored in these areas at the date of the passage of this ordinance shall have sixty (60) days to comply. (b) This section does not apply to vessels attached to permanent piers or docks. (cf. Ord. of (2)) former Art VII sec , et seq) Packet Pg. 37

7 Utilization of mooring buoys. (a) Any person attaching their vessel to city mooring buoys must register and pay a fee with the city's designated leasing agent. (b) All vessels attached to buoys must dispose of waste at an approved pumpout site. (cf. Ord. of (2)) Unlawful acts. Unlawful to abandon: (1) It is unlawful to abandon a watercraft or outboard motor on the public land or waters of this state or the City or on private property without permission of the property owner. This section does not apply to persons who abandon a watercraft in an emergency for the safety of the person onboard; however, after the emergency is over, the owner and operator of the abandoned watercraft shall make a bona fide attempt to recover the watercraft. (2) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, may be fined no more than five hundred dollars or imprisoned up to thirty (30) days, or both. In addition, the owner must remove the abandoned watercraft within fourteen (14) days of conviction. The City Recorder s Court is vested with jurisdiction for cases arising under this section. (3) An abandoned watercraft must be removed at the risk and the expense of the owner Seizure and disposal of abandoned vessels Seizureofcertain watercraft; notice ofseizureandoftime forremoval;forfeiture and disposal. Pursuant to the police powers of local governments for the promotion of the public health, safety and welfare and general convenience as granted by state legislation, including the state home rule act, construed in accordance with provisions of the South Carolina State Constitution and the South Carolina Code of Laws, the City shall be authorized to seize a stolen, abandoned, junked, adrift, destroyed, or salvaged watercraft or outboard motor, a watercraft that is no longer functional for its primary purpose, a watercraft or outboard motor for which the true owner is not determined, or a watercraft or outboard motor on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced, such watercraft may be located on public Packet Pg. 38

8 property or on private property if impermissibly located on such private shores and banks, or which constitute a nuisance, a hazard to navigation, or threatens sensitive environments, and/or which is not within an anchorage area approved by the U.S. Coast Guard, U.S. Army Corps of Engineers, or the South Carolina Department of Health and Environmental Control and such watercraft or outboard motor is deemed to be a nuisance or a hazard to the citizens of the City of Georgetown. The City may post a notice to seize on a clearly visible location of the watercraft while it is in its current location. The posting of a notice to seize on the watercraft or outboard motor shall constitute notice to a person claiming an interest in it, and the person shall immediately remove the vessel. If the vessel is not removed by the owner within sixty (60) days of the posting of the notice to seize, the City may then effect seizure of the vessel by removing it no sooner than sixty (60) days after the posting of the notice to seize. If after reasonable efforts, the City determines the owner of a noticed watercraft or outboard motor and related marine equipment, it shall notify the owner by certified mail of the procedure, the location, and the fact that he has not less than thirty (30) days from the date of the certified letter to remove the vessel or equipment from the unlawful location or the City s designated storage facility as applicable. If a security interest has been perfected, the City must notify the lien holder by certified mail allowing thirty (30) days to respond. The failure of the owner and all lienholders to exercise their right to reclaim the watercraft within the time provided is considered a waiver by the owner and lienholders of all rights, title, and interest in the watercraft and is considered as their consent to the disposition of the watercraft by the City. The City may retain the property for official use or transfer the property to another public entity for official use, sell the property at public auction, or, destroy or otherwise lawfully dispose of the watercraft or outboard motor at the discretion of the City. If proceeds are derived from a sale, they must be deposited in the boating operating fund of the City for administration of the program. The City shall keep a record of noticed vessels and the circumstances under which found, impounded, stored, sold, or destroyed, or removed by another party Policy and procedure. In order to implement the provisions of this chapter, the administrator or his designee is authorized to establish written policies and procedures consistent with the provisions herein and Title 50 of the South Carolina Code of Laws. Packet Pg. 39

9 Notice to state. In the event that the City is unable to ascertain the identity of the owner, or for any other reason is unable to give notice to a party with interest in the vessel or watercraft other than the posting of notice, and in the event the vessel or watercraft is not returned to the owner, the City shall send or cause to be sent a written report of such removal and disposal to the South Carolina Department of Natural Resources Violation; misdemeanor Severability Conflicts. Any person who violates any section of this article shall be guilty of a misdemeanor and shall be punishable under section 1-16 of the this Code. If any section, subsection, clause or provision of this article shall be deemed unconstitutional or found to conflict with a provision of South Carolina law, or be otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby and shall remain in full force and effect. If a section, subsection, clause, or provision of this article shall conflict with the section, subsection, clause, or provision of a preceding ordinance of the City of Georgetown, then the preceding section, subsection or part shall be deemed repealed and no longer in effect. BE IT FURTHER ORDAINED, that all ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. ATTEST: Ann U. Mercer, City Clerk Jack M. Scoville, Jr., Mayor First Reading: Second Reading: Approved as to Form: Elise F. Crosby, City Attorney Packet Pg. 40