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Home My WebLink AboutO-855ORDINANCE NO. v 5�5_ AN ORDINANCE TO CONTROL THE PARKING AND STORAGE OF BOATS AND WATERCRAFT WITHIN THE CITY OF FAIRHOPE, ALABAMA: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: "SECTION I - Definitions: Boat or Watercraft - A vessel designed or intended for the trans- port of persons or goods over or across water or marshes; the term includes but is not limited to air -boats, amphibious vehicles and all appurtenances, accessories or equipment intended to facilitate or enable the vessel's intended use. A trailer designed or intende to transport a boat or watercraft over land is an accessory for purposes of this ordinance. The word vessel when used herein is intended to be synonymous with "boat or watercraft." Abandoned Boat or Watercraft - Any such vessel which has been left unattended for longer than 24 hours upon any public land or public way without written authorization; any such vessel which reasonably appears to be lost, stolen, or unclaimed; any such vessel left in a area clearly marked to designate such an area as a "no parking" zone; any such vessel left unattended in such a manner and under such circumstances as to constitute a hazard. Derelict Vessel - Any boat wholly or partially sunken such other condition as to hazard. or watercraft which is abandoned, adrift within or upon navigable waters or in be unseaworthy or as to constitute a Junked or Non -Operating Boat or Watercraft - Any vessel which does not bear a current registration as required by Alabama Law; any vessel not capable of propulsion under its own power, except that in the case of vessels designed for separate outboard engine, or sails, detachment of engine or sails alone shall not render an otherwise operable vessel non -operating; any vessel so damaged or in such a state of disrepair as to be unseaworthy; Public Lands or Public Ways - All streets, walkways, alleys, high- ways, parks, lands and easements which are in the ownership or under the lawful control of the City of Fairhope. (Property - All real property within the city exclusive of public lands and public ways. (SECTION II (Derelict vessels as herein defined shall be reported in writing to the Alabama Marine Police or other appropriate maritime authority. SECTION III (a) Abandonment: No person shall abandon any boat or watercraft within the city, and no person shall leave any boat or watercraft at any place within the city at such time and under such circumstances as to cause such vessel reasonably to appear to have been abandoned. Page One (b) Non -operating or junked boat or watercraft: No person shall leave any non -operating or junked boat or water- craft, or parts thereof, on any public land or public way within the city. No person in charge or control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any non - operating, junked or discarded boat or watercraft, or parts thereof, to remain on such property longer than seventy-two (72) hours; and no person shall place any such vessel upon- any property, or upon any public land or public way within the city. Provided, however, that this section shall not apply to the following: 1 - any vessel within an enclosed building. 2 - any vessel within a lawfully established place of storage. 3 - any vessel upon the premises of a business enterprise operated in a lawful place and manner, when such vessel is necessary to such operation. 4 - any vessel in a storage place or depository maintained by or under authority of the City of Fairhope. (c) Impounding: SECTION IV 1 - The Chief of Police or any police officer of the City is hereby authorized to remove or have removed any boat or watercraft which reasonably appears to be abandoned, lost stolen or unclaimed or which is otherwise in violation of this section. Such vessel shall be impounded until lawfully claimed or disposed of. 2 - The Zoning Enforcement Officer of the City is hereby authorized to remove or have removed any boat or watercraft which is in violation of paragraph (b) of this section. The Zoning Officer shall notify the Fairhope Police Department of such removal and the Police shall then immediately cause the same to be impounded until lawfully claimed or disposed of. Penalty for failure to comply with Officer of the City to remove from the City any boat or watercraft in Section 3 (b) : order of Zoning property within violation of (a) If any person in charge or control of premises in the city shall fail or refuse to remove any such vessel after seven (7) days notice by the Zoning Officer of City, such person shall, upon conviction, be fined not more than five hundred dollars ($500.00) or im- prisoned in the City jail for a period not to exceed six (6) months, or both. (b) Penalty for placing or causing to be placed upon public lands or public ways any boat or watercraft in violation of this ordinance: Page Two -a LU O :30 a lily �� Z� O1r' AI Z UJ i �N 0 UJ Any person who places or causes to be placed upon any public land or public way within the city any boat or watercraft which is in violation of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than five hundred dollars ($500.00) or be imprisoned in the city jail for a period not to exceed six (6) months. Provided, however, that nothing herein shall be construed to prevent or delay the removal of such vessel from the public lands or public ways as herein - before authorized nor shall such removal in any way mitigate violation of this ordinance. SECTION V. In the event that any provision or application of this Ordinance shall be held to be invalid, it is the legislative intent that the other provisions and applications hereof shall not thereby be affected. SECTION VI. This Ordinance shall take effect immediately upon its due adoption and publication as required by law." ADOPTED THIS DAY OF ,1990. ATTEST: Evelyn Phillips, CitIT lerk P�F . Nix, Mayor Page Three