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A. Derelicts. For the purposes of this title and in the interest of the greatest use of borough port and harbor facilities and the municipal waters by the general public, vessels in the borough port and harbor facilities and elsewhere on the municipal waters which are derelicts and unfit and unseaworthy or which are maintained in such manner as to make them liable to sinking for lack of being pumped or other maintenance, or which are maintained in a manner as to constitute a fire hazard, and sunken vessels and vessels in imminent danger of sinking, are hereby declared to be nuisances and subject to abatement and removal at the owner’s expense, from the borough port and harbor facilities or other municipal waters by the borough or its agents, without liability to the borough for any damage done by virtue of the removal or for any of its consequences.

B. Other Nuisances. Refuse of all kinds, structures or pieces of any structure, dock sweepings, dead animals or parts thereof, timber, logs, piles, broom sticks, lumber, boxes, paint, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature are hereby declared to be public nuisances, and it shall be unlawful for any person to throw or place in or cause or permit to be thrown or placed any of the above-named articles or substances in the borough port and harbor facilities or the municipal waters, or upon the shores thereof or in such position that the same may or can be washed into said borough port and harbor facilities or municipal waters, either by high tides, storms, floods or otherwise. Nets, gear, and other material left on any float or dock that harbor officials deem to impede passage for more than 24 hours is hereby declared a nuisance. Any person causing or permitting the nuisances to be so placed shall remove the nuisance, and upon failure to do so, the nuisance may be removed or stored commercially, all costs of such commercial removal or storage shall be paid by and recoverable from the person creating said nuisance. The abatement of any such public nuisance shall not excuse the person responsible therefor from prosecution hereunder.

C. Abatement or Disposal. Nuisances described under this section constituting a clear and present danger to the public health, safety, morals or general welfare may be summarily abated. Vessels declared a nuisance under subsection (A) of this section which do not constitute a clear and present danger to the public health, safety, morals or general welfare may be removed, impounded, and disposed of as provided in HBC 16.24.070.

D. Other nuisances under subsection (B) of this section may be impounded and disposed of by destruction, public sale or any other means deemed reasonable by the harbormaster. (Ord. 12-01-281 § 4)