Highlighted below: 0 of 16 extracted standards. Sections and highlights carry their own anchors. The rest quote wording that differs from this rendering of the text.
Chapter 29 - PORT AND HARBOR#
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Cross reference— License tax for barging, lightering, etc., § 20-46; damaging, tampering with, etc., boats or vessels, § 25-37; wetlands zoning, § 27.5-21 et seq.
Sec. 29-1. - Definition.#
As used in this chapter, the words "port" and "harbor" shall mean the port and harbor described in section 29-3.
Sec. 29-2. - Violations of chapter generally.#
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 3 misdemeanor.
Sec. 29-3. - Boundaries; control generally.#
(a) Under and pursuant to section 4, chapter 382, 1934 Acts of the General Assembly of the State of Virginia, conferring upon the city the right and power to develop, govern and maintain a port and harbor for the city, the power and authority to fix and delimit the lines and boundaries of such port and harbor, and having regard to the existing depth and width of the channel in the James River and the Appomattox River, to the waters and bays formed by the junction of the rivers, to the possible future growth of commerce and trade of the city, to the location of railroad terminals, to the necessity for an anchorage and turning basin by dredging or otherwise and for the general usefulness, interest and benefit of such port and harbor, the limits and boundaries of the port and harbor of the city, until and as otherwise determined, shall be as follows:
The full width and shore lines of the James and Appomattox Rivers extending northwardly from City Point to and including the present slip and pier of the Hopewell Ferry Company at Upper Shirley, the waters and bays formed by the junction of the James and Appomattox Rivers with all shore lines, and extending up the Appomattox River as far as the western corporate limits of the city; from City Point south and eastwardly inclusive of all bays and shore lines extending down the James River to Jordan's Point.
(b) All of the area within the limits described above, inclusive of water and shore lines, shall be known and designated as the port and harbor of the City of Hopewell, and as such shall be under the dominion and subject to the lawful control of the city and its dock commission, as may be justified by the laws of the United States and those of the state pertaining thereto.
(Code 1963, § 29-1)
Sec. 29-4. - General powers and duties of dock commission.#
The dock commission of the city shall have general supervision and control in and over the port and is hereby obligated and empowered to use such rights, powers and authority and to perform such duties as are set out and prescribed in the Charter and in this chapter, in respect to and over the territory and area of water and shore line of the port. Such commission shall use all just and proper means in its power to promote the maritime, shipping and commercial interests of the port.
(Code 1963, § 29-8)
Charter reference— Dock commission, Ch. XXV.
Sec. 29-5. - General qualifications, powers and duties of harbor master.#
The harbor master appointed by the dock commission shall be the chief of police of the city, or his designee, who shall have the qualifications of a law-enforcement officer of the city. The harbor master is hereby charged with the duty of supervising the harbor and rivers within the port boundaries and is given police control over the piers, docks and wharves therein, either of a public or private character, for the preservation of law and order, the prevention of crimes and the maintenance of rules and regulations governing the port and harbor.
(Code 1963, § 29-11; Ord. No. 2006-01, 2-14-2006)
Sec. 29-6. - Settlement of controversies by harbor master.#
When called upon, the harbor master shall decide questions of controversy under his jurisdiction pertaining to wharf and port regulations, between the owners of wharves and piers and officers of vessels lying at anchor or desiring to anchor in the harbor or at such wharves and piers, and between the officers of vessels themselves as to matters pertaining to wharf or port regulations.
(Code 1963, § 29-12)
Sec. 29-7. - Obedience to orders of harbor master; interference with harbor master.#
No master, owner or other person in charge of any vessel or any other person shall refuse or neglect to comply with the orders of the harbor master, or interfere with him in the discharge of his duty.
(Code 1963, § 26-13)
Sec. 29-8. - Deposit of ashes, rocks, gravel, etc.#
It shall be unlawful for any person to dump ashes from steamers or dunnage from vessels or cast or deposit stone, gravel, earth or other like substance into the waters of the harbor.
(Code 1963, § 29-7)
Sec. 29-9. - Maintenance of wharves and docks.#
All owners of wharves or docks in use at the port or harbor for boarding or landing purposes or for receiving or discharging freight of any character shall keep the same at all times in good and sufficient repair and condition, and, on failure to do so, shall be guilty of a Class 4 misdemeanor. Each week's failure to make such good and sufficient repairs after notice by the harbor master to do so shall constitute a separate and continuing offense.
(Code 1963, § 29-2)
Sec. 29-10. - Removal of abandoned wharf or dock in dangerous condition.#
Any wharf or dock at the port or harbor, which has been abandoned or is not in use as such and is in a bad or dangerous condition of repair or state of dilapidation, on due and proper notice given by the dock commission, shall be torn down and removed by the owners thereof and, on failure to do so, the same may be done by the harbor master, at the owner's expense. It shall be unlawful for any person to fail to comply with such notice.
(Code 1963, § 29-9)
State Law reference— Authority for above section, Code of Virginia, § 15.2-909.
Sec. 29-11. - Removal of abandoned vessel in dilapidated, etc., condition.#
Any watercraft or vessel of any size or description abandoned as such and in a dilapidated or rotting condition anywhere along the shore line of the port, or partially sunk or sunken at any place within its waters, shall be removed by the owner thereof, on notice by the dock commission. It shall be unlawful for any person to fail to comply with such notice within a reasonable time.
(Code 1963, § 29-10)
State Law reference— Authority for above section, Code of Virginia, § 15.2-909.
Sec. 29-12. - Regulation of moorings generally.#
The harbor master shall fix and regulate the moorings of vessels in dispute regarding such moorings and generally determine and regulate the moorings of all vessels within the harbor not otherwise fixed and determined by private contract between the owners of wharves and piers and the owners of vessels; provided that, such contracts do not interfere with or impair navigation or the free and lawful use of the port and harbor by others entitled thereto, or conflict with the powers and duties of the dock commission.
(Code 1963, § 29-12)
Sec. 29-13. - Anchoring in channel.#
No person shall anchor any vessel in the channel of the harbor, without first obtaining the consent of the harbor master.
(Code 1963, § 29-14)
Sec. 29-14. - Anchoring more than two abreast at wharf.#
Persons in charge of vessels shall not permit them to lie at anchor at any wharf more than two (2) abreast, without first obtaining the consent of the harbor master.
(Code 1963, § 29-15)
Sec. 29-15. - Light to be exhibited on vessel at anchor or at wharf.#
(a) Vessels at anchor or at wharves in the port or harbor shall exhibit, between sunset and sunrise, a visible signal light in the rigging at least fifteen (15) feet above the deck.
(b) A violation of this section shall constitute a Class 4 misdemeanor.
(Code 1963, § 29-4)
Sec. 29-16. - Preference of vessels loading or unloading at wharf.#
(a) Vessels lying alongside a wharf in the port or harbor, and not taking on or discharging cargo, shall make way for or permit other vessels desirous of loading or unloading cargo to come alongside such wharf.
(b) Any master, owner or the person in control of a vessel who violates this section shall be guilty of a Class 4 misdemeanor.
(Code 1963, § 29-3)
Sec. 29-17. - Shipkeeper required for vessels.#
(a) All vessels, steamers and barges in the port or harbor shall keep a proper shipkeeper or person in charge or on hand at all times.
(b) A violation of this section shall constitute a Class 4 misdemeanor.
(Code 1963, § 29-5)
Sec. 29-18. - Speed limit for vessels.#
(a) No power-driven vessel of more than fifty (50) tons' capacity within the harbor shall pass within fifty (50) feet of any wharf at a greater rate of speed than three (3) miles per hour. No power-driven vessel of less than fifty (50) tons' capacity shall travel on the Appomattox River, in that area bounded on the west by the westerly line of 21st Avenue extended in a northerly direction across such river and on the east by the Appomattox River Bridge, at a greater rate of speed than six (6) miles per hour.
(b) Any person violating any provision of this section shall be guilty of a Class 4 misdemeanor.
(Code 1963, § 29-6)
Sec. 29-19. - Handling of high explosives to and from vessels.#
The handling of gunpowder, dynamite, nitroglycerine or other high explosives to and from vessels, in quantities greater than five hundred (500) pounds, in the harbor must be with the permission of the harbor master, whose duty it shall be to require that every precaution against danger of ignition or explosion is adopted and rigidly enforced. Should the harbor master deem it necessary, he may require that such vessels anchor at such distance out from any dock, wharf or building as he deems proper for the protection of persons or property.
(Code 1963, § 29-16)
Cross reference— Fire prevention and protection, Ch. 15.
Sec. 29-20. - Blinds, fixtures and stakes in certain area—Construction or use prohibited.#
The construction or use of blinds or other fixtures for shooting of wild game or the erection, placing or use of stakes of any material within the waters or bays of the port lying on the south or Hopewell side of the main channel of the Appomattox River, and that of the James River after its confluence with the Appomattox River, so far as the corporation lines of the city may extend up the Appomattox River and down the James River, is unlawful.
(Code 1963, §§ 29-17, 29-19)
Sec. 29-21. - Same—Removal.#
(a) It shall be the duty of the harbor master or police to give notice to all parties claiming the right of ownership or use of any blinds, fixtures or stakes located within waters described in section 29-10, to remove such blinds, fixtures or stakes within ten (10) days after the receipt of such notice. Failure to do so shall be unlawful.
(b) Any such blinds, fixtures or stakes for which an owner or claimant may not be found may be removed or caused to be removed by the harbor master, at the expense of the city, when so authorized by the council.
(Code 1963, § 29-18)
Sec. 29-22. - Shooting from watercraft in certain area.#
No person shall shoot any firearm from watercraft within the area delineated in section 29-20.
(Code 1963, § 29-19)
Cross reference— General prohibition against discharge of firearms, § 37-4.