WA St. Marina code questions

Discussion in 'All Things Boats & Boating' started by Zappi, Mar 5, 2010.

  1. Zappi
    Joined: Oct 2008
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    Location: Puget Sound

    Zappi Senior Member

    Hi, not sure where this should be posted so here it is. I'm curious if anyone knows the codes on securing boats for late moorage. I found the RCW but it seems it should be better defined. Do the codes change for someone living aboard??? I mean really, is it safe for someone to live on their vessel under covered (old dry wooden moorage) with the vessel cabled to the dock. If a boat starts on fire near said vessel and it burns said vessel too, whos liable??? I see no amount of days required to give the marina the right to chain said vessel. Does that mean 1 day is permissible? It also sounds to me if they dont have their rules and regs posted then they cant enforce this. ?????????? Sorry for the long winded and boring topic. I know there's many smart individuals on here that may give me the nswers I need with out paying for a lawyer. If I could hire lawyer my boat wouldnt be chained in the first place! Thank you!!!
    http://apps.leg.wa.gov/RCW/default.aspx?cite=53.08.320
     
  2. TollyWally
    Joined: Mar 2005
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    Location: Fox Island

    TollyWally Senior Member

    I'm not pointing fingers but it sounds like you're living aboard and you're behind on your rent. At a certain level it's their marina and they can pretty much do what they want. As you said if you had the dough for a lawyer the boat wouldn't be chained and all they are doing is trying to keep from being screwed. They're not being bad guys here.

    You bring up the issue of safety and liability. Safety first, BOLTCUTTERS or a cutoffwheel in a 4"grinder. If you notice the marina is on fire cut the chain and get the hell out of there. Depending on the state of the mooring and the power available in your boat you may just have to back up and pull the cleats off. Liability, in the end, is sometimes like musical chairs.

    You already know the simple solution, pay your bill. We can all relate to being broke at some point in our lives. It sucks. But you're making it more difficult for all liveaboards when you add to the legend of the deadbeat liveaboard. Not trying to pick on you but we're all responsible for our actions.
     
  3. mark775

    mark775 Guest

    I am not a lawyer. I don't like it but you lose. I would cut the chain and leave (then pay) or pay the moorage and late fee, say some things, then leave. The best thing is not to get behind on your moorage but I don't agree with Tolly - I think that unless you are habitually late, or WAY late, they could talk to you (you kinda indicated a day). It just seems cold. "rules and regs posted" - It is in your contract, I'm sure. These guys weren't born yesterday and it seems that they have been here before. You may have an angle of it being a federal vessel, if documented, but the fire thing is a stretch. Any way, you will need a lawyer.
    Not even sure there is a place on this forum for this but one could say the same about a lot of threads. It's not boring - it irritates me unless you are very late. What marina is this that would chain a man's soul at a whim? Did you deserve it?
    If you EVER see this sign
    Mainnner.jpg
    it's time to move further out.
     
  4. Zappi
    Joined: Oct 2008
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    Location: Puget Sound

    Zappi Senior Member

    Thnks for the replies. Two different views and both real. I take no offense Tolly and in many respects agree with you. You're right. I am living aboard and back on my moorage (by 6 days)!!!!! Thats right 6 days! I have been late once before in the year I've been at this marina. I feel completely jacked around and a big part of that is the offices inconsistencies in dealing with tenants. I've given them almost $10,000 and they want to ***** about a week? I dont get it and it really pisses me off. They know I'm not going anywhere but yet theres a cable on my boat IMHO to shame me into paying. I would definitely be cutting it and leaving if there was more covered liveboard near. Of course they would still get paid. It's all a game! Thanks for listening. As it is I've hung bolt cutters on the cable for safety or a sudden urge to do what I love.
     
  5. TollyWally
    Joined: Mar 2005
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    Location: Fox Island

    TollyWally Senior Member

    At 6 days, that's way out of line. Bolt cutters don't always work that good on cable. A thin cutoff wheel on an angle grinder can also be your friend.

    I feel kind of bad, I thought you were probably a couple months not days over the line.
     
  6. hoytedow
    Joined: Sep 2009
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    Location: North of Cuba

    hoytedow Wood Butcher

    A cordless Dremel grinder with cut-off wheel will do the job. Keep it charged.
     
  7. gonzo
    Joined: Aug 2002
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    Location: Milwaukee, WI

    gonzo Senior Member

    Cutting a chained boat can get you in a heap of trouble. Read the Jones Act. The feds will be after you.
     
  8. hoytedow
    Joined: Sep 2009
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    Location: North of Cuba

    hoytedow Wood Butcher

    Gonzo, do you refer to Chapter 601 of the Jone Act of 1920?

    '"§ 60107. Payment of fees on departing vessel
    "A departing vessel may be cleared only when all legal fees that have accrued on the vessel are paid and proof of payment is presented to the individual granting the clearance.'
     
  9. mark775

    mark775 Guest

    I'm going to go chain some people's boats then.
     
  10. gonzo
    Joined: Aug 2002
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    Location: Milwaukee, WI

    gonzo Senior Member

    Yes, and there are reciprocal agreement among many countries to seize vessels that depart without paying fees.
     
  11. hoytedow
    Joined: Sep 2009
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    Location: North of Cuba

    hoytedow Wood Butcher

    Forget about the Dremel grinder. Bad idea.
     

  12. dskira

    dskira Previous Member

    I think the Jones Act is not relevant in that case.
    It is a civil matter.
    He didn't pay his rent, they size the vessel until he paid.
    He can see a lawyer.
    The fact he gave allready $10,000 as nothing to do, he need to pay his rent.
    As for the fed, thay are not involve in maritime matters, but the Coast Guard are if the vessel is documented. He can see a maritime lawyer, but it is expensive.
    Pay the freaken rent and go on with your life :D
    Daniel
     
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