(Amended by Ordinance Nos. 169986 and 188312, effective April 5, 2017.)
A. As used in this Section, the following words and terms have the meanings indicated unless the context clearly requires otherwise:
1. “PP&R” shall mean the City of Portland, Bureau of Parks and Recreation. Where appropriate, the term “PP&R” also refers to the staff and employees of Portland Parks and Recreation.
2. “Facility” shall mean PP&R floats, piers, mooring buoys, and boat landings.
3. “Commercial vessel” shall mean a vessel which is used, rigged, or licensed for any commercial use or purpose, and shall include watercraft operated within the terms of a concession lease or agreement with PP&R.
4. “Length” shall mean the overall length of a watercraft.
5. “Night” shall mean any period of time between 3 PM and 9 AM.
6. “Docking Season” shall mean the period of time between May 1 and September 30.
7. “Director” refers to the Director of PP&R also known as the Superintendent of Parks.
B. The operator of recreational watercraft may use a municipal boat landing for recreational purposes only. It is unlawful to use a municipal boat landing for any purpose other than recreation without prior written permission of the Director of Parks.
C. No person shall moor or berth a watercraft of any type in a PP&R owned or operated park or marine area except in designated marine park areas and at designated facilities.
D. It is unlawful to moor a watercraft at a municipal boat landing for a period exceeding 24 hours or while the parks is closed, without prior written permission of the Director. The Harbor Master may permit a craft to be moored at a municipal boat landing for more than 24 hours only when the craft if inoperable and reasonable additional time is needed to repair it.
E. Use of any PP&R marine facility shall be on a first come, first served basis unless otherwise permitted by PP&R. Reserving or retaining space to moor or berth a watercraft at any facility, by means of a dinghy or any method other than occupying the space by the watercraft to be moored or obtaining a permit though the PP&R Reservation Center, shall not be permitted.
F. Open flames or live coals, or devices containing or using open flames, live coals, or combustible materials, including but not limited to barbecues, hibachis, stoves and heaters, shall not be permitted on PP&R marine facilities.
G. No swimming, diving, or sunbathing is permitted on or within 50 feet of PP&R marine facilities and municipal boat landings.
H. The mooring of any craft in violation of this section may result in eviction from moorage, in addition to any other penalty prescribed by law.
I. The Director is authorized to issue any rules and establish any fees with the Director deems necessary to operate and maintain all municipal Boat Landings and Marine Facilities.
J. Enforcement or the provisions in this Section shall be conducted by either the Director of Parks, the Harbor Master, the Chief of Police, the Multnomah County Sheriff, or their appointed designees. Subject to the provisions of ORS 830.908 to 830.948, any person authorized to enforce the provisions of this Section may order any abandoned or derelict vessel in any Park or at any municipal dock to be towed, stored and disposed of at the vessel owner’s expense. Any person whose vessel is towed under this Section may appeal to the Code Hearings Officer in accordance with the provisions of Title 22 of this Code. The Code Hearings Officer shall uphold the towing order if, upon the Code Hearings Officer’s de novo review, the preponderance of the evidence admissible under Title 22 of this Code convinces the Code Hearings Officer that, more likely than not, the vessel in fact was abandoned or derelict, as those terms are defined in ORS 830.908 to 830.948. If the tow is found to be invalid, any charges imposed by the City for towing and storage will be waived, and the City will pay any towing or storage charges owed to a private person or entity. The Code Hearings Officer shall not waive or reduce any towing or storage charges associated with any tow order if the Code Hearings Officer finds the tow order valid, and the vessel owner and/or the person entitled to possession of the vessel will be responsible for all such towing and storage charges.
K. Use of docks governed by this Section is also subject to all applicable provisions of law, including, without limitation, the provisions of Chapters 20.08, Parks & Recreation - Permits and 20.12 Parks & Recreation - Prohibited Conduct, of this Code.
L. The City of Portland, its officers, and employees are not liable for any personal injury or property damage resulting from maintenance or use of a municipal boat landing.