(a) Appointment and Duties. A Harbormaster and required assistants will be appointed to supervise and manage harbor facilities. They shall be appointed, paid, removed and succeeded in office as other appointive officers of the City.

(b) Powers. The Harbormaster is hereby charged and empowered with the duty, authority and responsibility to enforce all of the provisions of this plan as they may pertain to the harbor and the municipal waters, and any rules and regulations duly adopted hereunder. In the performance of such duties he shall have all of the powers of a police officer of the City.

(c) Aid. In order to render aid to distressed persons and vessels in the harbor, the Harbormaster and any of his authorized deputies and any police officer of the City shall have the authority to:

(d) Arrest. Whenever any person is arrested for violation the arresting officer may, in his discretion, serve upon him a citation and notice to appear in court. The arrested person, in order to secure release, and when permitted by the arresting officer, must give his written promise to appear in court, as required by the citation and notice, by signing in the appropriate place the written citation and notice served by the arresting officer. Upon the arrested person’s failing or refusing to sign such written promise, he may be taken into the custody of such arresting officer and so remain or be placed in confinement.

(e) Rules and Regulations. The Harbormaster shall submit reports required by the City and shall submit recommendations concerning new rules and regulations to insure effective operation of harbor facilities.

(f) Refusal of Moorage Facilities. The Harbormaster may, in his discretion, refuse mooring facilities to any boat, vessel or floating structure which is or may become or create a fire hazard or otherwise become a menace to the safety and welfare of other boats and their occupants; when the moorage facilities are crowded, he may refuse mooring facilities to floats, scows, rafts, pile drivers, boat shelters and other cumbersome floating structures. Upon refusal of mooring facilities, the boat owner, operator, master or managing agent shall be entitled to a pro rata refund of moorage fees paid in advance, less any other fees or charges the City may have against the boat, its owner, operator, master or managing agent.

(g) Assignment of Moorage Facilities. The Harbormaster shall supervise and manage the assignment of all mooring spaces in the boat harbor facilities; and he may from time to time, in his discretion, in the interests of safety, order, convenience, and health, require the owner or operator of any boat, vessel or floating structure to change from one mooring space to another, and may himself move any boat which is unoccupied and in violation of this title.

(h) Posting. The Harbormaster shall have the duty and the exclusive power to post signs and to thereby designate the limit of harbor speeds, classification and use of harbor areas, and the numbers designating exclusive mooring spaces within the mooring areas where such is allowed, and such other signs and notices as would inform the public at large and all boat owners and operators of authorized and prohibited uses of the harbor facilities, as established by the Harbormaster shall have the power to make orders and decisions and rules and regulations relating to the use of the facilities.

(i) Traffic Direction. The Harbormaster and his assistants are authorized to direct all waterborne traffic, either in person or by means of visible or audible signal in conformance with the provisions of this management plan; provided, that when necessary to expedite waterborne traffic, or to prevent or eliminate congestion or to safeguard persons or property the Harbormaster or his designee, or in the event of a fire or other emergency, such officers and other authorized officers of appropriate governmental agencies or authorities may direct waterborne traffic as conditions may require, notwithstanding provisions of this management plan.

(j) Moving Boats. The Harbormaster may move any boat on which no person is aboard which is in violation of this plan, or from which moorage or other fees are delinquent, or which is a derelict, a nuisance or is abandoned.

The Harbormaster shall control the movement of vessels under his responsibility and assure that vessels in port comply with this plan. The Harbormaster is responsible for prestorm planning and execution of those plans for the safety and security of the harbor. He will coordinate preparations, conduct surveys, maintain communications and take action consistent with this plan.

(k) Assistant Harbormasters. The Assistant Harbormasters are responsible for the security of docks, piers, warehouses and roadways within the harbor area as assigned by the Harbormaster. Particular attention shall be given any dangerous cargo within the port. At least 12 hours before any predicted storm time port areas should be secured for heavy weather by Assistant Harbormasters. The Harbormaster shall be notified when the port and harbor are secured. [Ord. 89-02 § 2 (Att.), 1988. Code 1979 Ch. 18.14.]