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A. To qualify or remain qualified for moorage space a vessel must:

1. At all times meet federal, state and local laws which include those pertaining to navigational and safety equipment;

2. Have a fixed propulsion system and have sufficient motor power to permit the vessel to be maneuvered and controlled safely while transiting, entering or leaving the port of Bethel under wind and water conditions which are not unusual;

3. Be completely seaworthy and ready for immediate cruising in local waters; and

4. Shall not discharge sewage into the waterways of the port of Bethel.

B. Whenever the port director has probable cause to believe that a vessel is not qualified under the conditions of this section, they may require, upon seventy-two (72) hours’ notice to the owner or operator of any such vessel, that such vessel demonstrates that it is or remains qualified. An exception may be made where repairs are being diligently pursued or where other extenuating circumstances prevent demonstration of qualification, but such exception shall be for only a reasonable time, considering the circumstances.

C. The port director may refuse mooring space to any vessel which does not qualify; it shall be a condition of every moorage agreement that any vessel authorized to moor in the port of Bethel shall remain qualified so long as it remains in the port of Bethel. The port director may terminate the moorage agreement for any mooring space which is occupied by a vessel which is authorized to occupy such space, but which vessel is not qualified in accordance with this section. Upon failure of a vessel to qualify, the port director may require, upon notice to the owner or operator of such vessel, that the moorage agreement has been terminated, that such vessel is illegally moored and must be removed from the port of Bethel within seven (7) calendar days. Any such vessel remaining after the time specified in the notice shall be subject to impoundment or removal as a nuisance under Chapters 14.08 through 14.10 BMC. [Ord. 17-11 § 2.]