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File #: O-5-21    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 1/28/2021 In control: Maritime Advisory Board
On agenda: 5/10/2021 Final action: 5/10/2021
Title: Tucker Street Launching Facility - For the purpose of providing procedures for use of the Tucker Street launching facility; providing certain definitions; establishing acceptable proofs of residency for issuance of certain permits; and providing penalties for violations.
Sponsors: Fred Paone, Elly Tierney
Indexes: Environmental Matters Committee, Maritime Advisory Board, Public Safety Committee, Transportation Committee
Attachments: 1. O-5-21 First Reader, 2. O-5-21 Staff Report, 3. O-5-21 Fiscal Impact Note, 4. O-5-21 MAB Findings and Recommendations, 5. O-5-21 Amendment 1 - Tierney, 6. O-5-21 Amendment 2 - WITHDRAWN, 7. O-5-21 Amendments 3-4 - Environmental Matters Cmte 4-21-21, 8. O-5-21 Amendments 5-6 - Savidge, 9. O-5-21 Amendment 7 - Paone - 4/26/21, 10. O-5-21 SIGNED
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
5/10/20211 City Council reconsiderPass Action details Meeting details Not available
5/10/20211 City Council adopt on second readerPass Action details Meeting details Not available
5/10/20211 City Council adopt on third readerPass Action details Meeting details Not available
5/10/20211 City Council postponeFail Action details Meeting details Not available
5/10/20211 City Council affirmPass Action details Meeting details Not available
4/26/20211 City Council adopt on second readerPass Action details Meeting details Not available
4/26/20211 City Council amendedPass Action details Meeting details Not available
4/26/20211 City Council amendedPass Action details Meeting details Not available
4/26/20211 City Council amendedPass Action details Meeting details Not available
4/26/20211 City Council amendedPass Action details Meeting details Not available
4/26/20211 City Council adopt as amendedPass Action details Meeting details Not available
4/26/20211 City Council adopt on third readerPass Action details Meeting details Not available
4/21/20211 Environmental Matters Committee recommend with amendmentsPass Action details Meeting details Video Video
3/17/20211 Environmental Matters Committee postponePass Action details Meeting details Video Video
3/17/20211 Environmental Matters Committee Recommend Favorably-AmendmentPass Action details Meeting details Video Video
3/11/20211 Transportation Committee recommend favorablyPass Action details Meeting details Video Video
3/1/20211 Public Safety Committee recommend favorablyPass Action details Meeting details Video Video
2/22/20211 City Council declare the public hearing closed  Action details Meeting details Video Video
2/8/20211 City Council adopt on first readerPass Action details Meeting details Video Video
2/8/20211 City Council refer  Action details Meeting details Video Video
2/8/20211 City Council refer  Action details Meeting details Video Video
2/8/20211 City Council refer  Action details Meeting details Video Video
2/8/20211 City Council refer  Action details Meeting details Video Video

Title

Tucker Street Launching Facility - For the purpose of providing procedures for use of the Tucker Street launching facility; providing certain definitions; establishing acceptable proofs of residency for issuance of certain permits; and providing penalties for violations.  

Body

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 5-21

 

Introduced by: Alderman Paone and Alderwoman Tierney

Co-sponsored by:

 

Referred to

Maritime Advisory Board

Environmental Matters Committee

Public Safety Committee

Transportation Committee

90 day Rule:___________

 

AN ORDINANCE concerning

 

Tucker Street Launching Facility

 

FOR                     the purpose of providing procedures for use of the Tucker Street launching facility; providing certain definitions; establishing acceptable proofs of residency for issuance of certain permits; and providing penalties for violations.

 

BY                        repealing the following portion of the Code of the City of Annapolis, 2020 Edition

11.12.110

 

BY                        repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2020 Edition

12.20.110

 

BY                        adding the following portion to the Code of the City of Annapolis, 2020 Edition

15.10.005

 

 

SECTION I:                     BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:

 

Title 11 - PUBLIC PEACE, MORALS AND WELFARE

Chapter 11.12 - PUBLIC PEACE AND ORDER

 

Section 11.12.110 - Tucker Street launch regulations.

 

A.                     No person shall launch a boat, skiff, raft, canoe, jet ski or any other watercraft from the end of Tucker Street into Weems Creek unless the owner or operator of the craft is a resident of the City of Annapolis.

B.                     No person, regardless of residency, who is engaged in a commercial enterprise whose business is the sale, manufacture, distribution or repair of any watercraft or who is the employee of any such commercial enterprise, shall use the end of Tucker Street at Weems Creek for purposes of launching, demonstrating, testing or selling of watercraft which are the property or product of that commercial enterprise.

C.                     Violation of this section is a misdemeanor.

 

 

Title 12 - VEHICLES AND TRAFFIC

Chapter 12.20 - STOPPING, STANDING AND PARKING

Section 12.20.110 - Parking trailers.

 

A.                     For purposes of this section, the term "trailer" shall include trailers, boat trailers, camping trailers, fifth wheel trailers, pole trailers, semitrailers, travel trailers and home trailers as those terms are defined in the Annotated Code of Maryland, Transportation Article, (1982 Repl. Vol.) or its successor.

B.                     It is unlawful and a misdemeanor for the driver or owner of any trailer or trailer-type vehicle to cause the same to be parked, while attached to a motor vehicle, upon any public street, lane or alley within the City, for more than forty-eight consecutive hours and ten days total within a calendar year.

C.                     It is unlawful and a misdemeanor for the driver or owner of any trailer or trailer-type vehicle to cause the same to be parked, while detached from a motor vehicle, upon any public street, lane or alley within the City, except in the event of an emergency.

D.                     No trailer or trailer-type vehicle detached from a motor vehicle shall be parked on any municipal parking lot, nor shall any attached trailer-type vehicle be parked on any municipal parking lot when the combined length of the towing vehicle and trailer attached exceeds nineteen feet.

E.                     The Chief of Police, or his or her authorized representative, may grant exemptions from subsection C above, in nonresidential-zoned areas only with respect to a specific trailer or trailer-type vehicle to be located at a specified location for a specified length of time, subject to such conditions, requirements and fees as the Chief of Police or his or her representative may designate.

F.                     Boat Trailers at Launching Facilities.

1.                     Except as provided below, it is unlawful and a misdemeanor for a boat trailer, whether or not it is attached to a motor vehicle, to be parked upon a public street, lane or alley in the area bounded by Rowe Boulevard, Weems Creek, Severn River, the municipal border with the United States Naval Academy, to its intersection at Taylor Avenue and Annapolis Street, and Taylor Avenue. An exception shall be granted to any resident of the City of Annapolis to park a boat trailer within the area delineated above, if said trailer is attached to a motor vehicle and bears a boat trailer permit issued by the City of Annapolis.

2.                     The Director of Recreation and Parks, or his or her authorized representative, shall issue to any City resident, a boat trailer permit upon proof of residency, and ownership and registration of boat and trailer. ACCEPTABLE PROOFS OF RESIDENCY INCLUDE A MARYLAND STATE IDENTIFICATION CARD OR DRIVER’S LICENSE, ALONG WITH ONE OR MORE OF THE FOLLOWING:

 

(a)                     VOTER REGISTRATION CARD,

(b)                     WATER BILL, TAX BILL,

(c)                     CITY RESIDENTIAL PARKING PERMIT, OR

(d)                     LEASE AGREEMENT FOR A CITY PROPERTY.

 

The permit shall be issued for and shall be affixed to a specified boat trailer and shall be nontransferable.

3.                     The permit fee shall be established by resolution of the City Council, payable at the time of the submission of the application for the permit. The permit year shall commence on January 1st and terminate on December 31st. The fee shall not be prorated and no portion of any fee shall be refundable. Further, the fee may be waived for any City resident submitting proof of age above sixty years.

 

G.                     Notwithstanding any other provision of this section to the contrary, it is unlawful and a misdemeanor for the driver or owner of any trailer or trailer-type vehicle to cause the same to be parked in a manner that interferes with or hinders the operation of any authorized emergency vehicle.

H.                     Any person violating this section, including any violation of the boat permit provisions hereof, upon conviction, is subject to a fine as established by resolution of the City Council.

 

 

Title 15 - HARBORS AND WATERFRONT AREAS

Chapter 15.10 - OPERATION, ANCHORING, AND MOORING OF VESSELS IN CITY WATERS

 

SECTION 15.10.005 - TUCKER STREET - LAUNCHING - PERMITTING.

 

A.                     FOR PURPOSES OF THIS CHAPTERSECTION, THE TERMTHESE TERMS SHALL HAVE THEIR RESPECTIVE MEANINGS:

(I)                     “COMMERCIAL ACTIVITY” SHALL INCLUDE, BUT IS NOT LIMITED TO, LOADING AND UNLOADING OF BARGES AND VESSELS FOR MARINE CONSTRUCTION, OPERATION OF CHARTER VESSEL SERVICES, SOLICITATION FOR CHARTER SERVICES, SALE OF FOOD, GOODS OR SERVICES, PRODUCT OR SERVICE ADVERTISING OR PROMOTION, OR ANY ACTIVITY CONDUCTED TO MAKE A PROFIT.; AND

(II)                     TUCKER STREET LAUNCHING FACILITY” MEANS THE STRUCTURE SPECIFICALLY DESIGNED FOR LAUNCHING A MOTORIZED WATERCRAFT, AND DOES NOT INCLUDE ANY ADJACENT PUBLIC BEACHFRONT USED BY NON-MOTORIZED WATERCRAFT.

 

B.                     A PERSON MAY ONLY LAUNCH A BOAT, SKIFF, RAFT, CANOE, JET SKI, OR OTHER WATERCRAFT FROM THE END OF TUCKER STREET INTO WEEMS CREEKTUCKER STREET LAUNCHING FACILITY IF THE WATERCRAFT DISPLAYS A CURRENT LAUNCH PERMIT PROVIDED BY THE HARBORMASTER AT ALL TIMES DURING SUCH LAUNCHING IF THE VEHICLE TOWING THE WATERCRAFT DISPLAYS A CURRENT LAUNCH PERMIT IN THE DRIVER’S SIDE WINDOW PROVIDED BY THE HARBORMASTER AT ALL TIMES DURING SUCH LAUNCHING. AND AFTER THE LAUNCH.

 

C.                     TO OBTAIN A TUCKER STREET LAUNCH PERMIT, THE OWNER OR OPERATOR OF THE WATERCRAFT MUST PROVIDE THE HARBORMASTER WITH SUFFICIENT INFORMATION TO VERIFY THAT THE OWNER OR OPERATOR IS A BONA FIDE RESIDENT OF THE CITY OR COUNTY AND HAS LEGAL TITLE TO OR THE RIGHT TO POSSESSION OF THE APPLICABLE WATERCRAFT.  DEMONSTRATION OF JUST OWNERSHIP OF CITY OR COUNTY PROPERTY IS INSUFFICIENT.  ACCEPTABLE PROOFS OF RESIDENCY INCLUDE A MARYLAND STATE IDENTIFICATION CARD OR DRIVER’S LICENSE, ALONG WITH ONE OR MORE OF THE FOLLOWING:

 

1.                     VOTER REGISTRATION CARD,

2.                     WATER BILL, TAX BILL,

3.                     CITY RESIDENTIAL PARKING PERMIT, OR

4.                     LEASE AGREEMENT FOR A CITY OR COUNTY PROPERTY.

 

D.                     NO COMMERCIAL ACTIVITY IS ALLOWED AT THE END OF TUCKER STREET AT WEEMS CREEK. 

 

E.                     A PERMIT TO LAUNCH AT THE END OF TUCKER STREET IS SUBJECT TO A NONREFUNDABLE FEE AS ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL.

 

F.                     A PERSON WHO PERMITS OR COMMITS ANY ACTIVITY PROHIBITED BY THIS SECTION IS SUBJECT TO A MUNICIPAL INFRACTION PURSUANT TO SECTION 15.10.140.C, TO TICKETING AND TOWING OF VEHICLES, TRAILERS, AND VESSELS, AND LAUNCH PERMITS MAY BE REVOKED.

 

 

SECTION II:  AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect from the date of its passage.

 

 

Explanation:

UPPERCASE indicates matter added to existing law.

Strikethrough indicates matter stricken from existing law.

Underlining indicates amendments.