§ 21-2. Short term docking of vessels.

Short term docking of vessels is enacted to read as follows:

(1)

Any vessel, with written approval of the mayor, or his designee, is permitted to dock or moor on designated portions of town public wharves as identified and directed by the mayor. This temporary docking or mooring is permitted to be on a daily or annual basis as approved by the mayor, or his designee. The approval shall be in writing and state the terms and conditions.

(2)

The docking or mooring fees are as follows:

a.

The daily rate shall be twenty-five dollars ($25.00) per day per vessel, payable in advance for the number of days as approved by the mayor, or his designee.

b.

The yearly rate shall be four hundred dollars ($400.00) per vessel payable in advance and the agreement shall state the starting and ending date. This yearly rate shall only be available for commercial shrimp vessels. The owner of the commercial shrimp vessel shall present proper documentation certifying ownership of the vessel and that the vessel is classified as a commercial shrimp vessel.

c.

The rate for a seven (7) day permit during any particular calendar month shall be one hundred fifty dollars ($150.00) per vessel. This is limited only to vessels such as recreational camp boat, houseboat, or similar types of vessels.

(3)

The owner of the vessel shall provide proper certificate of title of ownership to be allowed to dock or moor the vessel.

(4)

The vessel allowed to dock or moor shall not exceed seventy-five (75) feet in length.

(5)

Non-fishing commercial vessels and all types of industrial vessels shall only be permitted to dock at waterfront areas south of the existing railroad bridge crossing the Atchafalaya River.

(6)

The vessel owner shall hold harmless and indemnify the town, its mayor, town council and all employees from any claims, demands, or causes of actions arising out of any injuries or damages however occurring in anyway related to the vessel being docked or moored within the town. This hold harmless and indemnification agreement shall be liberally interpreted to provide absolute and full protection to the town, its mayor, town council and all employees.

(7)

The vessel owner shall assume full and complete responsibility for the condition of the docking facilities and for any occurrences which happen in any way related to the docking or mooring of vessel, and town is extended the protection and immunity provided by R.S. 9:3221 and any other immunity or limitation of liability laws.

(8)

When the floodwall gates are closed due to flood or hurricane threats the owners of vessels docked or moored at public wharves are required to evacuate and remove their vessels at the risk of the vessel owner. The town shall have no liability or responsibility if the vessel owner fails to evacuate and remove the vessel.

(9)

No welding, burning, painting, disposal of trash/litter, disposal of oil, gasoline, or fuel are allowed from the vessel docked or moored. All trash or litter must be properly discharged into town trash bins or similar disposal facilities.

(10)

The mayor, or his designee, has the authority to clear any vessel docked or moored at any town wharf to accommodate special circumstances, deemed, from time to time, to exist by the mayor, or his designee. This shall include, but not be limited to special events such as Shrimp & Petroleum festival activities, Tour Du Teche activities, July 4 ^th activities and New Year's Day activities.

(11)

There shall be no discharge overboard, or otherwise, of any items, of whatever nature and description, from vessels docked or moored at town wharves. It is the intent of this section to prohibit any items from being discharged, in any nature or way whatsoever, from any vessel. Accordingly, this section shall be liberally interpreted to accomplish this stated intent.

(12)

Violation of any of the provisions of this ordinance shall result in fines and punishment as provided in chapter 1, section 1-8 of the Code of Ordinances of the Town of Berwick.

(Ord. No. 683 , 6-13-17, eff. 10-1-17)

Note— Ord. No. 683 provides for an effective date for this section of October 1, 2017.