Article IV — UNSEAWORTHY, SUNK OR ABANDONED VESSELS

property; permit cancellation.

(a)

It shall be unlawful for a person to moor or permit to be moored in the harbor a vessel of any kind whatsoever which is unseaworthy, derelict, dilapidated or in a badly deteriorated condition or which is likely to sink or to damage docks, wharves, floats or other vessels or which may become a menace to navigation, except in cases of emergency.

(b)

The owner of an unseaworthy or derelict vessel which causes damage to harbor property shall be liable therefor. The expense of repairing the damage shall be stated by the administrative officer and shall be a charge against the party responsible and/or the vessel's owner and may be recovered by the directors of the harbor district in any court of competent jurisdiction.

(c)

If a dispute arises as to the seaworthiness of a vessel, the harbor administrative officer or his designee may request a demonstration of the vessel's operability and/or require that the vessel pass a harbor police safety inspection. Thirty (30) days' written notice shall be given to the registered owner of the vessel. If after the thirty-day notice is given the vessel remains inoperable, or the owner fails or refuses to demonstrate the operability of the vessel, the slip permit shall be canceled. This section is not intended to apply to brief periods of repair common to most vessels.

(Ord. No. 86-13, § 1, 5-14-86)

When a vessel, raft or other craft is wrecked and sunk accidentally or otherwise in the harbor, it shall be the duty of the master or any person having charge of any vessel to immediately report casualty and mark the wreck as required by 46 U.S.C. 239, and 33 C.F.R., subpart 64-01.

(Ord. No. 86-13, § 1, 5-14-86)

The duty of the owner of a sunken wreck immediately to mark the obstruction shall be effective when he has actual or constructive knowledge that his vessel, raft or other craft has been sunk.

(Ord. No. 86-13, § 1, 5-14-86)

In the event that any vessel should become disabled and the owner or operator thereof is unable to move the same to its berth or to other safe place, or should such vessel sink within the Oceanside Small Craft Harbor, it shall be the duty and full responsibility of the owner or operator of such vessel to remove the same at the earliest possible time in order to avoid interfering with regular movements within any part of the harbor area and to avoid any damage to district property; should such vessel become disabled or sunk while within its regular mooring, the owner or operator shall cause the same to be immediately repaired or removed so as to avoid any damage to district property. Failure on the part of the owner or operator of such vessel to remove the same in accordance with the foregoing or after notice to do so given either orally or in writing by any officer or employee of the Oceanside Small Craft Harbor District to remove such vessel and the owner or operator shall be liable for all expense incurred by the district in carrying out this function. The Oceanside Small Craft Harbor District shall have a lien upon such vessel or any of the contents therein and the owner or operator must pay the expenses incurred by the district prior to the recovery of possession of such vessel from the district. Further, the foregoing shall not be construed so as to relieve

the owner or operator from full liability for any expenses incurred by the district in removing such vessel whether or not such owner or operator seeks or wishes repossession of such vessel.

The foregoing lien shall be considered to be a lien upon the vessel and its contents and recoverable against either or both the vessel and the owner of such vessel.

(Ord. No. 86-13, § 1, 5-14-86)

The owner, agent, master or person in charge of such vessel shall notify the nearest U.S. Coast Guard marine inspection office of the casualty as soon as possible, and, in addition, shall advise of the action he has taken to comply within 33 C.F.R., 64-01-1, giving the following information:

(1)

Name and description of sunken wreck;

(2)

Accurate location of wreck;

(3)

Depth of water over wreck; and

(4)

Location and type of marking established, including color and shape of daymark or buoy, and color and characteristic of light.

(Ord. No. 86-13, § 1, 5-14-86)

The operator of any vessel involved in a collision with any other vessel or with any other object within the harbor shall immediately notify the owner of the struck vessel of the name and address of the operator and/or owner of the striking vessel and shall further immediately report the incident and furnish the same information to the superintendent. Failure to render both said notice and said report shall be a violation of this article.

The rendering of such notice and report aforementioned in this section shall be in addition to such notices and/or reports required by state law.

(Ord. No. 86-13, § 1, 5-14-86)

In the event any vessel is moored in the harbor and there is a failure to pay the rent due in full for such mooring for a period of three (3) months and, after reasonable inquiry, the Oceanside Small Craft Harbor District is unable to locate the owner of such vessel, as the owner of such vessel is shown on the records

of the Oceanside Small Craft Harbor District, the presumption shall be that such vessel has been abandoned.

(Ord. No. 86-13, § 1, 5-14-86)

In the event any vessel is presumed to be abandoned in accordance with section 29A.44, the Oceanside Small Craft Harbor District shall take possession of such vessel and hold the same for a period of at least three (3) months, during which such period the transient mooring rents shall continue to accrue. The owner or his agent shall be entitled to reclaim possession of such vessel by paying all accrued rents plus any reasonable expenses incurred or expended by the Oceanside Small Craft Harbor District in keeping possession, moving or protecting such vessel.

(Ord. No. 86-13, § 1, 5-14-86)

(a)

It is not intended that this chapter or any part thereof be in conflict with any provision of the Harbor and Navigation Code of the state, and it is intended that the rights of possession, lien rights and other rights created by this chapter shall be exercised in such a way so as not to conflict with the provisions of the Harbor and Navigation Code.

(b)

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the applicability of such provision to other persons or circumstances shall not be affected thereby.

(Ord. No. 86-13, § 1, 5-14-86)