Except as otherwise specified, vessels are subject to United States “Navigation Rules” Commandant Instruction M16672.2 Series Rules available at United States Coast Guard and are made part of this Title.

1. A.  The Harbor Master, in coordination with the Director of Portland Permitting & Development, will cause to be inspected, not less than every five years, all docks, sheds, warehouses, or other structures within the harbor limits that extend out over water or unfilled land.  After the inspection, a safe loading limit, in pounds, must be posted at the entrance to the building, and no loading may be over this limit at any time.
2. B.  Whenever the Director of Portland Permitting & Development or the Harbor Master, as officers of the City, find that any such structure is becoming dangerous due to decay, rot, faulty design, or any other condition, they may limit the load, and the load limit must be posted at the entrance to the structure; and if found unsafe, they may order the structure closed until repaired or removed.  The Harbor Master or their assistants will enforce these orders when so notified by the Director of Portland Permitting & Development.
3. C.  They do not assume the responsibility for the safe manner and use of any structure, or damages from any loading, except where the structures are owned in whole or in part by the City.

Whenever the Harbor Master, in their judgement, finds that any dock or waterfront structure has become unsafe or dangerous so as to render the same or any portion thereof unsafe to life or property, they may ask the Director of Portland Permitting & Development to make a survey of the property.  If Director of Portland Permitting & Development declares the dock or waterfront structure to be unsafe to life or property, the Harbor Master may order that it be barricaded with proper fencing and danger signs posted by day and red lights by night that must remain intact until necessary repairs to it as the engineers report are practicable have been made. If the repairs are not practicable, the Harbor Master may order the removal of the dock or waterfront structure. If the owner, agent, or lessee of the property fails to comply promptly with the order of the Director of Portland Permitting & Development, the Harbor Master may prohibit the use of the unsafe portion of the dock or waterfront structure for any purpose whatsoever and may erect or cause to be erected the necessary barricade, signs, and lights. If the dock or waterfront structure is to be removed or razed, the Director of Portland Permitting & Development may, with the Harbor Master, remove or have removed any and all of the unsafe portions of the dock or waterfront structure and all of the associated expense must be paid by and recoverable from the owner, agent, or lessee of the dock or waterfront structure. Nothing in this Title prevents a condemnation as otherwise provided, nor will its provisions relieve the owner, agent, or lessee from the duty of periodically inspecting the property and promptly proceeding to make all repairs that are practicable.

It is unlawful for the owner, agent, or lessee in charge of any dock or waterfront structure to allow the whole or any part thereof to fall into or remain adrift in the waters of the City or to float away from the dock. All fender piling or other portions of it that break loose must be removed at once by the owner, agent, or lessee of any dock; and upon failure to do so, the same may be removed by the Harbor Master and the expense thereof must be paid by and recoverable from the owner, agent, or lessee of the property by the City. In the event that any part of a dock or waterfront structure caves in, collapses, or is damaged in any way in excess of $1,000, the owner, agent, or lessee in charge must notify the Harbor Master within 72 hours.

1. A.  The local agent, owner or person in charge of any facility where an ocean-going vessel ties up must immediately report to the Harbor Master the name and local agent for the vessel.
2. B.  It is unlawful for any such person to neglect or refuse to give this report.
3. C.  The foregoing does not apply to any vessel whose movements are limited to the inland waters of the Willamette and Columbia Rivers or any of their tributaries.
4. D.  Reports to the Merchant Exchange may be allowed in place of the above requirement by the Harbor Master.

Every vessel, unless propelled by its engine, moving from one dock to another or from one place to another when necessary to pass through the draw of any bridge or when moving from a dock or wharf to a dock or wharf within the City must, in order to prevent the obstruction of travel, have the services of a tug or tugs.

1. A.  The local agent, owner, or person in charge of any place where any ocean-going vessel is tied up in the Portland Harbor must notify the Harbor Master when the vessel leaves the place where it is tied up and must state the destination to which the vessel is moving.
2. B.  The notice must be given no later than four hours after making the move.
3. C.  It is unlawful for any such person to neglect or refuse to give this report.
4. D.  Reports to the Merchant Exchange may be allowed in place of the above requirement by the Harbor Master.

1. A.  No vessel may moor or berth next to City property without the Harbor Master’s prior approval.
2. B.  The Harbor Master may assign space for mooring and berthing of any vessel next to any City property.
3. C.  The person or owner in control of any vessel berthed pursuant to this Section will be liable for all charges and expenses including water charges by the Portland Water Bureau and other special costs incurred or provided in connection with berthing, will be liable for any other expenses connected with the ship during the period of being berthed at the seawall, and also will be liable for any damages resulting from the berthing or continuance of mooring of the vessel.

1. A.  No person may construct or repair or wreck any old work or drive or remove any piling within the harbor zone within the City or remove any earth or other material from the river banks or bed shoreward of or adjacent to the harbor line without first securing a permit from Portland Permitting & Development. After the permit has been issued and before such work has been started, the permit holder must notify the Harbor Master. It is the duty of the Harbor Master to stop any such work until a permit is secured, if so requested by the Director of Portland Permitting & Development.
2. B. Nothing in this Section relieves any person, company, or corporation from securing such other permits as may be required by any other agency such as the U.S. Army Corps of Engineers, the Port of Portland, the State Marine Board, or the Division of State Lands.

1. A.  As used in this Section, the following words and terms have the meanings indicated unless the context clearly requires otherwise:
   1. 1. PP&R means the Bureau of Parks and Recreation. Where appropriate, the term “PP&R” also refers to the staff and employees of Portland Parks and Recreation.
   2. 2. Facility means PP&R floats, piers, mooring buoys, and boat landings.
   3. 3. Commercial vessel means a vessel that is used, rigged, or licensed for any commercial use or purpose and includes watercraft operated within the terms of a concession lease or agreement with PP&R.
   4. 4. Length means the overall length of a watercraft.
   5. 5. Night means any period of time between 3:00 p.m. and 9:00 a.m.
   6. 6. Docking season means the period of time between May 1 and September 30.
   7. 7. Director refers to the Director of PP&R also known as the Superintendent of Parks.
2. B. The operator of recreational watercraft may use a municipal boat landing for recreational purposes only. It is unlawful to use a municipal boat landing for any purpose other than recreation without prior written permission of the Director of Parks.
3. C. No person may moor or berth a watercraft of any type in a PP&R-owned or -operated park or marine area except in designated marine park areas and at designated facilities.
4. D. It is unlawful to moor a watercraft at a municipal boat landing for a period exceeding 24 hours or while the park is closed without prior written permission of the Director. The Harbor Master may permit a craft to be moored at a municipal boat landing for more than 24 hours only when the craft if inoperable and reasonable additional time is needed to repair it.
5. E. Use of any PP&R marine facility will be on a first come, first served basis unless otherwise permitted by PP&R. Reserving or retaining space to moor or berth a watercraft at any facility, by means of a dinghy or any method other than occupying the space by the watercraft to be moored or obtaining a permit though the PP&R Reservation Center, is not permitted.
6. F.  Open flames, live coals, or devices containing or using open flames, live coals, or combustible materials, including but not limited to barbecues, hibachis, stoves, and heaters, are not permitted on PP&R marine facilities.
7. G.  No swimming, diving, or sunbathing is permitted on or within 50 feet of PP&R marine facilities and municipal boat landings.
   1. 1. Exceptions
      1. a. The Kevin Duckworth Dock Moorage.
8. H. The mooring of any craft in violation of this Section may result in eviction from moorage, in addition to any other penalty prescribed by law.
9. I.  The City Administrator may adopt administrative rules as authorized by Charter.  The Council may establish fees to operate and maintain all municipal Boat Landings and Marine Facilities.
10. J. This Section may be enforced by the City Administrator, the Multnomah County Sheriff, or their appointed designees. Subject to the provisions of ORS 830.908 to 830.948, any person authorized to enforce the provisions of this Section may seize any abandoned or derelict vessel in any Park or at any municipal dock and order the vessel be towed, stored and disposed of at the vessel owner’s expense. Any person whose vessel has been posted with a notice of potential seizure, or whose vessel has been seized, may request a hearing before the Code Hearings Officer, subject to the rules and conditions for such hearings provided under ORS 830.908 to 830.940.
11. K. Use of docks governed by this Section is also subject to all applicable provisions of law, including, without limitation, the provisions of Chapters 20.08, Parks & Recreation - Permits and 20.12 Parks & Recreation - Prohibited Conduct, of this Code.
12. L.  The City and its officers and employees are not liable for any personal injury or property damage resulting from maintenance or use of a municipal boat landing.

No master, owner, or person in charge of any vessels or watercraft may block or hinder in any way the entrance or exit to any Fire Boat station on either the land or water side.

Rafts or barges must not be more than one deep when moored alongside of any vessel while at any berth. No rafts, barges, or other floating objects may be moored in such a way that the navigation of any vessel or watercraft could be endangered or hindered. All barges, rafts, or other floating objects while so moored must have a white light displayed on the offshore side.

1. A.  By certified mail, return receipt requested, the Harbor Master will notify the owner, agent, or person in charge of any wreck, uncontrolled vessel, obstructing material or structure that is in violation of this chapter. In the Harbor Master’s discretion, this notice may be posted on the wreck, vessel, material or structure.
2. B.  The notice will state the time within which the violation is to cease.
3. C.  If the violation is not terminated within the time specified, the Harbor Master may remove the wreck, vessel, obstruction or material together with its tackle and cargo.
4. D.  After removal, the Harbor Master will notify the owner, agent, consignee or person in charge of the wreck, vessel or material of the cost of removing it and specify a date on which the cost must be paid to the City.
5. E.  If the cost of removal is not paid within the time specified, the wreck, vessel or material may be sold and the proceeds disposed of in accordance with City Code Section 5.36.015.

1. A.  No refuse may remain on the deck of a vessel overnight or after the cargo has been worked. All refuse must be removed daily onto the dock or a barge. Under no circumstances may combustible materials be allowed to accumulate at any loading terminal, dock or yard.
2. B.  All barges or lighters must be with sideboards, bins and covers to prevent the escape of noxious odors.

1. A.  If any vessel, watercraft or barge is wrecked or sinks or loses any part of its cargo in the waters of the port, the owner, agent or person in charge of the vessel, watercraft or barge must immediately notify the Harbor Master of the nature of the obstruction, the location and the cause of the obstruction.
2. B.  The owner, agent, or person in charge of the vessel, watercraft or barge must immediately place a marker or buoy on the obstruction. The marker or buoy must display two red flags by day and two red lights by night. The flags must be one above the other and not less than three feet apart. Each flag may not be less than 18” by 18” in size.
3. C.  If an obstruction constitutes a navigational hazard in any way, the owner, agent, or person in charge must notify the United States Coast Guard Captain of the Port and the owner, agent or person in charge must mark the obstruction as ordered by the Captain of the Port.

1. A.  All refuse and debris in the waters of the port are declared to be public nuisances and menaces to navigation.
2. B.  It is unlawful for any person to throw or place or permit to be thrown or placed any such refuse or debris in the waters of the port or at a location where the refuse or debris may get into the waters of the port by high water or other means.
3. C.  Any such menace to navigation is subject to seizure by the Harbor Master without warrant or notice and is subject to summary destruction and abatement if this can be done without a breach of the peace or doing any unnecessary injury to other property.

1. A Hot Work permit must be obtained before beginning any welding or burning operations in or on any vessel, in or abutting the Portland harbor.
2. A.  Scope: This regulation applies to all operations involving the use of oxygen/fuel gas mixtures, electric arc welding, or other spark or fire producing operations on marine vessels regardless of the size of the vessel and regardless of whether or not the vessel is at anchor, moored, in drydock, or ashore.
3. B.  General definition for this Section: For the purpose of this regulation the following words have the meanings set forth below:
   1. 1.   Adjacent spaces - Those spaces in all directions from the subject space, including all points of contact, corners, diagonals, decks, tank tops, and bulkheads.
   2. 2.   Bureau - The City’s Portland Fire & Rescue.
   3. 3.   Competent person - The holder of a valid certificate issued by the National Fire Protection Association, or other recognized source attesting that the holder has successfully completed a course of training as a Competent Person and has been officially registered with the U.S. Department of Labor (OSHA) as a designated competent person by their respective employer.
   4. 4.   Confined space - A compartment of small size and limited access such as a double bottom tank, cofferdam, or other such similar type of space that, by its small size and confined nature, can readily create or aggravate a hazardous exposure.
   5. 5.   Fire watch - A person designated by the supervisor of the welding operation to watch for signs of fire. A fire watch must be familiar with Fire Department Permit Conditions, the area where the hot work is to take place, and procedures for sounding an alarm in the event of fire. In addition, a fire watch must be trained in the proper use of the extinguishing equipment provided and instructed in the specific hazards anticipated.
   6. 6.   Designated piers - Those piers or berths designated by the Portland Harbor Master and by virtue of their construction, location, fire protection and fire hydrant availability, are suitable to permit certain repairs to vessels alongside.
   7. 7.   Enclosed space - Any space other than a confined space that is enclosed by bulkheads and overhead. It includes cargo holds, tanks, quarters, and machinery and boiler spaces.
   8. 8.   Gangway - A ramp-like or stair-like means of access provided to enable personnel to board or leave a vessel including accommodation ladders, gangplanks, and brows. A gangway must have a walking surface not less than 20 inches wide, be of adequate strength, maintained in good repair, and safely secured. Each side of such gangway, and turntable if used, must have a railing with a minimum height of 33 inches, with a mid rail. Rails, if constructed with rope or chain, must be kept taut at all times.
   9. 9.   Hazardous materials - Any material that, by reason of being explosive, flammable, poisonous, corrosive, oxidizing, irritant or otherwise harmful, is like to cause injury.
   10. 10. Hot work - Per NFPA 306, paragraph 1-05; any construction alteration, repair, or shipbreaking operation involving riveting operation welding, burning, or similar fire-producing operations. Grinding, drilling, abrasive blasting, or similar spark producing operations are considered hot work unless deemed otherwise by a certified marine chemist.
   11. 11. Marine chemist - The holder of a valid Certificate issued by the National Fire Protection Association in accordance with the “Rules for the Certification of Marine Chemist.”
   12. 12. Powder actuated fastening tool - A tool or machine that drives a stud, pin, bolt or any type of fastener by means of an explosive charge.
   13. 13. Ship repair - The repair of any vessel including, but not limited to, alterations, modifications, conversions, installations, cleaning, painting, and maintenance work, and for the purposes of this code includes shipbuilding and shipbreaking.
   14. 14. Shipyard - An operating facility, engaged in ship repair, doing business in the City of Portland or adjacent Columbia/Willamette River Port facilities, meeting the requirements of the Building and Fire Codes.
   15. 15. Vessel - Every description of watercraft or other artificial contrivance used as a means of transportation on water, including special purpose floating structures not primarily designed for or used as a means of transportation on water.
4. C.  Hot work permits: Hot works permits for hot work on marine vessels is divided into three categories.
   1. 1.   Level I - Those permits for hot work operations that are minor in nature. (See below for further definitions.)
   2. 2.   Level II - Those permits for hot work operations that are moderate in nature. (See below for further definition.)
   3. 3.   Level III - Those permits that involve major hot work operations.  (See below for further definition.)
5. D.  Level I hot work:
   1. 1.   Definition: Level I hot work is work that involves repairs or modifications that by nature do not involve any cutting or welding on or near hazardous areas of the vessels.
   2. 2.   Level I hot work must:
      1. a.   Not involve work on hazardous areas or compartments of the vessel. Such hazardous areas include, but are not limited to: Fuel systems (including tanks and piping and compartments adjacent to such tanks and piping). Compartments that are insulated with combustible or flammable insulation, including insulation that has a fire resistive barrier installed over the surface: Engine rooms, fire rooms and boiler rooms, auxiliary machinery rooms. Cargo or storage areas that contain or have contained hazardous materials (including flammable liquids and gases or combustible liquids). Work on surfaces directly adjacent to those compartments listed above (i.e.: Those opposite sides of an insulated space that might expose the insulation to heat).
   3. 3.   Violation of condition:
      1. a.   No welding or cutting may be done on a dock or ship within the City’s harbor without first obtaining a hot work permit authorized by Portland Fire & Rescue.
      2. b.   If welding or cutting is done on a dock or ship within the City’s harbor without first obtaining the permit or permits required by this Chapter, the welding or cutting must cease immediately and not begin again until the Fire Marshal or Harbor Master has inspected the worksite, the inspection fee has been paid and the Fire Marshal or Harbor Master has issued a permit for welding or cutting. The person(s) must also obtain any Coast Guard or other required permits for the hot work, prior to the commencement of such work.
   4. 4.   Examples of Level I hot work include work on:
      1. a.   Standing rigging
      2. b.   Replacement of cleats and pad eyes
      3. c.   Work involving deck machinery
      4. d.   Similar repairs or modifications
   5. 5.   Requirements:
      1. a.   Permits Required:
         1. (1) A U.S. Coast Guard Hot Work Permit.
         2. (2) A “Hot Work Permit for Vessels” authorized by Portland Fire & Rescue must be obtained prior to the commencement of any hot work operations aboard any marine vessel.
      2. b.   Violation of Conditions:
         1. (1) Violation of any of the following permit conditions is cause for immediate revocation of the “Hot Work Permit for Vessels.” Permits that are revoked require all discrepancies corrected immediately and may require payment of a fee prior to issuance of a new permit. In the event that a fire occurs as a result of violation of these permit conditions, the Chief of Portland Fire & Rescue may prepare a statement setting forth the costs of extinguishing the fire and the permit holder must pay such costs.
      3. c.   Authorized locations: Level I hot work may be performed at the vessel’s normal berth. Exception: Level I hot work may not be performed at fuel terminals, passenger terminals, grain terminals, or terminals or piers at which the use is primarily residential or recreational in nature, unless authorized by the U.S. Coast Guard, Harbor Master, and a NFPA certified Marine Chemist.
      4. d.   Vessel’s fire protection systems: During hot work operations all of the vessel’s fire protection systems must remain in service.
      5. e.   Gangways required: At least one gangway must be provided for access to the vessel.
      6. f.    Prohibited activity: The following activities are prohibited during hot work operations, unless specifically approved by a marine chemist.
         1. (1) All hot work operations must be discontinued during discharge, loading, or transfer of fuel oils or other flammable or combustible substance.
         2. (2) Spray painting or the application of other flammable compounds unless sufficient ventilation is provided to maintain the atmosphere at less than 10 percent of the lower explosive limit for the particular material being applied as determined by a Marine Chemist. Monitoring of such areas must be carried out by a Competent Person.
      7. g.   Inspection required:
         1. (1) Prior to the commencement of hot work operations, an inspection must be made of the area in which the work is to occur to assure that:
            1. (a) The work to be performed does not involve an area of the vessel prohibited for Level I hot work.
            2. (b) Prohibited activity is not taking place elsewhere on the vessel.
            3. (c) The area is safe for the hot work to take place. Such inspection must be made by the Competent Person and the person in charge of the repairs or modifications. Such inspections must include the opposite sides of bulkheads or decks on which welding or cutting operations are to be performed.
      8. h.   Fire watches:
         1. (1) Whenever hot work operations are taking place, a responsible individual must be appointed as fire watch and must be on duty continuously during such operations.
         2. (2) Such persons must have no other duties other than to watch for fire. Fire watches must be equipped with, or have immediate access to, emergency fire protection equipment (charged fire extinguishers and/or fire hoses). Fire watches must remain on duty for not less than 30 minutes after hot work operations are completed.
         3. (3) Persons performing hot work may not serve as their own fire watch.
         4. (4) Persons appointed as fire watch may be a member of the vessel’s crew or other person designated by the individual in charge of the work.
         5. (5) As determined by a responsible, trained supervisor, the number and location of fire watch personnel must be based on all existing conditions and potential fire hazards.
         6. (6) Fire watches are to be readily identifiable.
         7. (7) Fire watches must be equipped with a mechanism to send a fire alarm or a device to cause an alarm to be sounded, even if the Fire watch is in a remote or confined area or tank.
      9. i.    Fire extinguishing devices required:
         1. (1) Portable fire extinguisher of sufficient size and number, as identified on Hot Work Permit, must be kept in readiness at the location where the hot work is being done. Extinguishers may be 4A, 60BC, Dry Chemical; 1A 10/12 BC CO² or, 2A pressurized water, depending on the work and surroundings involved. Extinguishers that are part of the vessel’s established fire protection outfitting may not be used for this purpose.
         2. (2) A fire hose of not less than 1-1/2 inch diameter, with nozzle attached, must be laid out an suitably charged in the vicinity of hot work operations. Such hose must be of sufficient length to reach the compartment or space being worked on or protected.
      10. j.    Ventilation: Forced draft ventilation of adequate capacity to remove hot work vapors and any accumulation of flammable vapor must be installed prior to performing any work below deck or inside a confined or enclosed space.
      11. k.   Other precautions against fire:
          1. (1) Flammable or combustible liquids may not be stored within 50 feet of hot work operations.
          2. (2) Combustible materials may not be located within 25 feet of hot work operations. (Including the opposite side of surfaces on which welding or cutting is being performed.)
          3. (3) Hot work may not be done in or near compartments or spaces where flammable liquids or vapors, lints, or loose combustible stocks are so located or arranged that sparks or hot metal from the welding or cutting operation may cause ignition or explosion of such materials.
6. E.  Level II hot work
   1. 1.   Definition: Level II hot work includes that work that is moderate in nature or any hot work on or near areas of the vessel that are hazardous in nature.
   2. 2.   Such hazardous areas include:
      1. a.   Fuel systems (including tanks and piping and compartments adjacent to such tanks and piping.
      2. b.   Compartments that are insulated with combustible or flammable insulation.
      3. c.   Engine rooms, fire rooms, boiler rooms, and auxiliary machinery rooms.
      4. d.   Cargo or storage areas that contain or have contained hazardous materials (including flammable liquids and gases or combustible liquids).
      5. e.   Work on surfaces directly adjacent to those compartments listed above (i.e., the opposite side of an insulated space, that might expose the insulation to heat). Level II hot work must be completed within 30 calendar days.
   3. 3.   Examples of Level II hot work include:
      1. a.   Removal or replacement of major components of the vessel’s propulsion system.
      2. b.   Removal or replacement of major components or sections of any shipboard piping systems.
      3. c.   Replacement of deck houses or other major structural components.
      4. d.   Replacement of hull or deck plating.
      5. e.   Work is less than 30 days in duration.
   4. 4.   Requirements:
      1. a.   Permits required:
         1. (1) A U.S. Coast Guard Hot Work Permit.
         2. (2) A “Hot Work Permit for Vessels,” authorized by the Harbor Master must be obtained prior to the commencement of any hot work operations aboard any marine vessel.
      2. b.   Violation of conditions:
         1. (1) Violation of any of the following permit conditions is cause for immediate revocation of the “Hot Work Permit For Vessels.” Permits that are revoked require all discrepancies corrected immediately and may require payment of a fee prior to issuance of a new permit.
         2. (2) In the event that a fire occurs as result of a violation of these permit conditions, the Chief of Portland Fire & Rescue may prepare a statement setting forth the costs of extinguishing the fire and the permit holder must pay such costs.
      3. c.   Authorized locations:
         1. (1) Level II hot work may only be performed at designated Port facility piers or at shipyards.
         2. (2) Crane service must be immediately available whenever work is being performed. Such cranes must be capable of lifting not less than 10,000 pounds with a boom of sufficient length to reach the middle of the ship on the largest vessel at the pier.
      4. d.   Vessel’s fire protection system: During hot work operations, all of the vessel’s fire protection systems must remain in service.
      5. e.   Gangways required: Two gangways must be provided for access to the vessel, unless physical limitations dictate otherwise.
      6. f.    Prohibited activity: Unless approved by a certified marine chemist, the following activities are prohibited during hot work operations:
         1. (1) All hot work operations must be discontinued during discharge, loading or transfer of fuel oils or other flammable or combustible substances.
         2. (2) Spray painting or the application of other flammable compounds unless sufficient ventilation is provided to maintain the atmosphere of less than 10 percent of the lower explosive limit for the particular material being applied as determined by a marine chemist. Monitoring of such areas must be carried out by a competent person.
      7. g.   Shipyard personnel required: Depending on the exact nature of the work, Level II hot work must be reviewed by a NFPA Certified Marine Chemist or a full-time safety person, or both prior to commencement. Full-time safety persons must meet the requirements for competent persons.
      8. h.   Marine chemist certificate required:
         1. (1) No person may engage in hot work or the use of powder actuated fastening tools in or on the spaces listed below until a certificate setting forth that such work can be done safely is issued.  Such certificates are valid only if they are issued by a marine chemist certified by the National Fire Protection Association (NFPA).
         2. (2) A marine chemist certificate must be required prior to hot work operations on any vessel:
            1. (a) Within or on the boundaries of cargo tanks that have been used to carry combustible or flammable liquids and/or gases, or within spaces adjacent to such cargo tanks.
            2. (b) Within or on the boundaries of fuel tanks.
            3. (c) On pipe lines, heating coils, pumps, fittings or other appurtenances connected to cargo tanks, fuel tanks or fuel systems.
            4. (d) Within the boundaries of engine rooms, fire rooms and boiler rooms.
            5. (e) Within the boundary of any machinery compartment or space in which the machinery uses a flammable or combustible liquid or flammable gas in its operation.
            6. (f)  Marine Chemist Certificate will be issued in strict accordance with the requirements of NFPA 306 Standard for the “Control of Gas Hazards on Vessels.”
      9. i.    Inspection required:
         1. (1) Prior to the commencement of hot work operations, an inspection must be made of the area in which the work is to occur to assure that:
            1. (a) The work to be performed is not prohibited for Level II hot work.
            2. (b) Prohibited activity is not taking place elsewhere on the vessel, unless approved by a certified marine chemist.  (See Section entitled “Prohibited Activity” above.)
            3. (c) The area is safe for the hot work to take place and hot work permit conditions are being complied with:
               1. (i)   Regular inspections must be made by a competent person during the entire repair period to note and eliminate fire hazards and to implement work procedures to keep such hazards to a minimum.
               2. (ii)  The types and amounts of fuel oils and other flammable or combustible liquid in all cargo, bunker, deep, settler and double bottom tanks must be determined.  Such determination must include associated piping systems.  Such information must be readily available to Portland Fire & Rescue in the event of a fire or inspection by the Harbor Master.
               3. (iii) Such inspection must be made by the competent person or certified marine chemist.  Such inspection must include the opposite sides of bulkheads or decks on which welding or cutting operations are to be performed.
      10. j.    Fire watches: Whenever hot work operations are taking place, a responsible individual must be appointed as fire watch and must be on duty continuously during hot work operations.
          1. (1) Such persons must have no other duties other than to watch for fire.
          2. (2) Fire watches must be equipped with and have immediate access to emergency fire protection equipment (charged fire extinguishers and fire hoses).
          3. (3) Fire watches must remain on duty for not less than 30 minutes after hot work operations are completed or breaks taken.
          4. (4) Persons engaged in Hot Work operations may not serve as their own fire watch.
          5. (5) Persons appointed as fire watch may be a member of the vessel’s crew or other person designated by the individual in charge of the work.
          6. (6) As determined by a responsible, trained supervisor, the number and location of fire watch personnel must be based on all existing conditions and potential fire hazards.
          7. (7) Fire watches are to be readily identifiable.
          8. (8) If during any hot work operation there will be a transmission of heat through a bulkhead or above or below a deck where such work is being done, a fire watch must be maintained on all sides of the bulkhead or deck.
          9. (9) Fire watches must be equipped with a mechanism to send a fire alarm or a device to cause an alarm to be sounded, even if the Fire Watch is in a remote or confined area or tank.
      11. k.   Fire extinguishing devices required:
          1. (1) Portable fire extinguishers of sufficient size and number as identified on the hot works permit must be kept in readiness at the location where hot work is being done.  Extinguishers may be 4A, 60BC Dry Chemical; 1A 10/12 BC CO², or 2A pressurized water, depending on the work and surroundings involved.  Extinguishers that are part of the vessel’s established fire protection outfitting are not to be used for this purpose.
          2. (2) Fire hose(s) of not less than 1-1/2 inch in diameter, with nozzle attached, must be stretched out and suitably charged prior to the commencement of hot work operations. One such hose must be stretched to the area where the hot work is to occur. Hose(s) must be tested prior to commencing any hot work. The hose(s) will remain ready for instant use for at least 30 minutes (1/2 hour) after any hot work has been completed or breaks taken.
          3. (3) In areas of physical space limitations a special exemption relative to hose size(s) may be granted by the company safety manager, or the Harbor Master or their designated representative.
          4. (4) Designated emergency “red head” fire boxes must be supplied and available. Each fire box must be equipped with two (2) 100 feet lengths of 1-1/2 inch fire hose with adjustable fog/shut-off nozzles attached. Designated emergency (red head) fire boxes must be suitably charged and positioned at intervals to maximize adequate fire protection including use of the vessel’s charged fire main system. Adequate supplies of spare hose (and nozzles), sufficient to reach any compartment in which Hot Work operations are taking place and each compartment adjacent to the compartment being worked on must be readily available immediately adjacent to the red head boxes.  Red head fire boxes must be reserved for emergency use only.
          5. (5) In the event of severe freezing weather, or in electronic spaces or compartments containing materials that are easily water damaged, fire watches must be equipped with CO², other acceptable portable extinguisher(s). Fire hose(s) strung out must remain dry, but in a state of readiness in the event portable extinguishers are not effective.
      12. l.    Ventilation: Forced draft ventilation of adequate capacity to remove hot work vapors and any accumulation of flammable vapor must be installed prior to performing any work below deck or inside a confined space.
      13. m.  Removal of materials:
          1. (1) Unless approved by a certified marine chemist, the following materials must be removed from the vessel or decks if hot work operations are to be performed at any location aboard the vessel during the repair process:
             1. (a) Refrigerant gases (including gases within the system).
             2. (b) Compressed gas cylinders except those needed for hot work.
             3. (c) Drums of flammable and combustible liquids.
             4. (d) Explosives.
      14. n.   Other precautions against fire:
          1. (1) Unless approved by a certified marine chemist, solid combustible materials may not be located within 25 feet of hot work operations (including the opposite of surfaces on which welding or cutting is being performed.
          2. (2) Hot work may not be done in or near compartments or spaces where flammable liquids or vapors, lint or loose combustible stocks are so located or arranged that sparks or hot metal from the welding or cutting operation may cause ignition or explosion of such materials.
          3. (3) Where floor (deck) openings or cracks cannot be closed, precautions must be taken such that no combustible materials on the floor below will be exposed to sparks. The same precautions must be observed with cracks or holes in bulkheads, open doorways, and other openings (i.e., open piping, electrical stuffing tubes, etc.)
7. F.   Level III hot work:
   1. 1.   Definition: Level III hot work is that work that is major in nature or work that is moderate in nature and that will require more than 30 days to complete or work that will place the vessel’s fire protection systems out of service.
   2. 2.   Requirements:
      1. a.   Permits required:
         1. (1) A U.S. Coast Guard hot work permit.
         2. (2) A “Hot Work Permit for Vessels,” authorized by the Harbor Master must be obtained prior to the commencement of any hot work operations aboard any marine vessel.
      2. b.   Violation of Conditions:
         1. (1) Violation of any of the following permit conditions is cause for immediate revocation of the “Hot Work Permit for Vessels.” Permits that are revoked require all discrepancies corrected immediately and may require payment of a fee prior to issuance of a new permit.
         2. (2) In the event that a fire occurs as result of a violation of these permit conditions the Chief of Portland Fire & Rescue may prepare a statement setting forth the costs of extinguishing the fire and the permit holder must pay such costs.
      3. c.   Authorized Locations: Level III repairs may only be performed in a shipyard.
      4. d.   Vessel’s fire protection system: Whenever hot work operations are to occur, the vessel’s fire protection systems must remain in service or other steps must be taken to provide a level of fire protection equivalent to the protection provided by the vessel’s system. Before beginning the work, the ship’s superintendent or designated person must obtain the Harbor Master’s approval of alternate measures.
      5. e.   Gangways required: Not less than two gangways must be provided for access to the vessel.
      6. f.    Prohibited activity: Unless approved by a certified marine chemist, the following activities are prohibited during hot work operations:
         1. (1) All hot work operations must be discontinued during discharge, loading or transfer of fuel oils or other flammable or combustible substances.
         2. (2) Spray painting or the application of other flammable compounds unless sufficient ventilation is provided to maintain the atmosphere at less than 10 percent of the explosive limit for the particular material being applied as determined by a marine chemist. Monitoring of such areas must be carried out by a Competent Person.
      7. g.   Special personnel required: Level III hot work must be reviewed by a NFPA certified marine chemist or a full-time safety person, or both prior to commencement.  Full-time safety persons must meet the requirements for competent person.
      8. h.   Marine chemist certificate required:
         1. (1) No person may engage in hot work or the use of powder actuated fastening tools in or on the following spaces, boundaries, or pipe lines until a certificate is issued setting forth that such work can be done safely. Such certificates are valid only if they are issued by a marine chemist certified by the National Fire Protection Association (NFPA).
         2. (2) A marine chemist certificate is required prior to hot work operations on any vessel:
            1. (a) Within or on the boundaries of cargo tanks that have been used to carry combustibles or flammable liquids and/or gases, or within spaces adjacent to such cargo tanks.
            2. (b) Within or on the boundaries of fuel tanks.
            3. (c) On pipe lines, heating coils, pumps, fittings, or other appurtenances connected to cargo tanks, fuel tanks or fuel systems.
            4. (d) Within the boundaries of engine rooms, fire rooms and boiler rooms.
            5. (e) Within the boundary of any machinery compartment or space in which the machinery uses a flammable or combustible liquid or flammable gas in its operation.
         3. (3) Marine chemist certificates will be issued in strict accordance with the requirements of NFPA 306, “Control of Gas Hazards on Vessels.”
      9. i.    Inspection required:
         1. (1) Prior to the commencement of hot work operations, an inspection must be made of the area in which the work is to occur to assure that:
            1. (a) Prohibited activity is not taking place elsewhere on the vessel.
            2. (b) The area is safe for the hot work to take place and hot work permit conditions are being complied with.
         2. (2) Regular inspections must be made by a competent person during the entire repair period to note and eliminate fire hazards and to implement work procedures to keep such hazards to a minimum.
         3. (3) The types and amounts of fuel oils and other flammable or combustible liquids in all cargo, bunker, deep, settler and double bottom tanks must be determined. Such determination must include associated piping systems. Such information must be readily available to Portland Fire & Rescue in the event of a fire or inspection by the Harbor Master.
         4. (4) Such inspection must be made by the competent person or a certified marine chemist.
         5. (5) Such inspections must include the opposite sides of bulkheads and decks on which welding or cutting operations are to be performed.
      10. j.    Fire watches:
          1. (1) Whenever hot work operations are taking place, a responsible individual must be appointed as fire watch and must be on duty continuously during hot work operations.
          2. (2) Such persons must have no other duties other than to watch for fire.
          3. (3) Fire watches must be equipped with and have immediate access to emergency fire protection equipment (charged fire extinguishers and fire hoses).
          4. (4) Fire watches must remain on duty for not less than 30 minutes after hot work operations are completed or breaks or lunch taken.
          5. (5) Persons engaged in hot work operations may not serve as their own fire watch.
          6. (6) Persons appointed as fire watch may be a member of the vessel’s crew or other persons designated by the individual in charge of the work.
          7. (7) As determined by a responsible, trained supervisor, the number and location of fire watch personnel must be based on all existing conditions and potential fire hazards.
          8. (8) If during any hot work operation there will be a transmission of heat through a bulkhead or above or below a deck where such work is being done, a fire watch must be maintained on all sides of the bulkhead or deck exposed to heat.
          9. (9) All fire watches must be equipped with a mechanism to send a fire alarm or a device to cause an alarm to be sounded, even if fire watch is in a remote or confined area or tank.
      11. k.   Fire extinguishing devices required:
          1. (1) Portable fire extinguishers of sufficient size and number as identified on the hot work permit must be kept in readiness at the location where hot work is being done. Extinguishers may be 4A, 60BC dry chemical; 1A 10/12 BC CO² or 2A pressurized water, depending on the work and surroundings involved. Extinguishers that are part of the vessel’s established fire protection outfitting are not to be used for this purpose.
          2. (2) Hose(s) must be tested prior to commencing any hot work. The hose(s) will remain ready for instant use for at least 30 minutes (1/2 hour) after any hot work has been completed or lunch or breaks taken.
          3. (3) In areas of physical space limitations a special exemption relative to hose size(s) may be granted by the company safety manager, or the Harbor Master or their designated representative.
          4. (4) Designated emergency “Red Head” fire boxes must be supplied and available. Each fire box must be equipped with two (2) 100 feet lengths of 1-1/2 inch fire hose with adjustable fog/shut-off nozzles attached. Designated emergency (red head) fire boxes must be suitably charged and positioned at intervals to maximize adequate fire protection including use of the vessel’s charged fire main system. Adequate supplies of spare hose (and nozzles), sufficient to reach any compartment in which hot work operations are taking place and each compartment adjacent to the compartment being worked on must be readily available immediately adjacent to the red head boxes. Red head fire boxes must be reserved for emergency use only.
          5. (5) In the event of severe freezing weather, or in electronic spaces or compartments containing materials that are easily water damaged, fire watches must be equipped with CO², or other acceptable portable extinguisher(s). Fire hose(s) strung out must remain dry, but in a state of readiness in the event portable extinguishers are not effective.
      12. l.    Ventilation: Forced draft ventilation of adequate capacity to remove hot work vapors and any accumulation of flammable vapor must be installed prior to performing any work below deck or inside an enclosed space.
      13. m.  Removal of materials:
          1. (1) Unless approved by a certified marine chemist, the following materials must be removed from the vessel and/or dock if hot work operations are to be performed at any location aboard the vessel during the repair process:
             1. (a) Refrigerant gases (including gases within the system).
             2. (b) Compressed gas cylinders except those needed for hot work.
             3. (c) Drums of flammable and combustible liquids.
             4. (d) Explosives and pyrotechnics.
      14. n.   Other precautions against fire:
          1. (1) Unless approved by a certified marine chemist, combustible materials may not be located within 25 feet of hot work operations, including all sides of surfaces on which welding or cutting is performed.
          2. (2) Hot work may not be done in or near compartments or spaces where flammable liquids or vapors, lint or loose combustible stocks are so located or arranged that sparks or hot metal from the welding or cutting operation may cause ignition or explosion of such materials.
          3. (3) Where floor (deck) openings or cracks cannot be closed, precautions must be taken so that no combustible materials on the floor below will be exposed to sparks. The same precautions must be observed with cracks or holes in bulkheads, open doorways, and other openings (i.e., open piping, electrical stuffing tubes, etc.).

No towboat may tow any raft or boom of logs or piling that exceeds 1,500 feet in length from bow of towboat to stern of tow. No such tow may exceed 120 feet in width. When freshet stage of water in the Willamette River exceeds 10 feet, no tow may exceed 60 feet in width. The Harbor Master may allow larger tows than specified here if it is necessary and cannot be made smaller, but a patrol boat or some other craft must accompany the tow.

1. A.  All articles found floating in the Columbia or Willamette River within Oregon jurisdiction or on any of their sloughs within the Harbor Master’s jurisdiction must be reported in writing to the Harbor Master within 72 hours after the article is found. The Harbor Master will investigate the report, and, if possible, notify the owner, in writing, that the article has been found and request the owner to submit proof of their claim to the article.
2. B.  If no claim is made to the article within 90 days after notice to the owner, the Harbor Master may destroy the article if it has an estimated value of less than $100 or is a menace to life or property. If the article has an estimated value of $100 or more, and is not a menace to life or property, the Harbor Master may sell the article by bid or public auction, after giving notice of the finding and sale once each week for two consecutive weeks in the Daily Journal of Commerce. The notice will state the general description of the article found and the date, time, and place of sale.
3. C.  If no person appears and establishes ownership of the article prior to the sale, the City will be owner of the proceeds of the sale.
4. D.  Upon the sale, in accordance with this Section, the interest in the article of the owner and any other person or corporation will terminate.

Any person, firm, corporation, or organization intending to sponsor or otherwise conduct an aquatic event must make application for a permit therefor to the United States Coast Guard, not less than 30 days prior to the opening of the aquatic event. A copy of any approved permit must be given to the Harbor Master. They may add any other conditions as they may deem appropriate.

It is unlawful to throw, place, or leave any dead animal or putrefying matter into or on any part of the harbor or to place or deposit any rubbish, refuse matter, or article of any offensive character likely to create a nuisance upon any wharf, of any wharf road, or street leading to a wharf, except at the places and in the manner determined by the Office of the Harbor Master.

Whenever any bulk or dangerous cargo is being worked in the hold of any vessel or other floating craft, the foreman or person in charge of any such work must keep an accurate check or count of all persons at all times while so engaged or employed, and a count must be made of all persons entering and leaving the holds of any vessel or watercraft while such cargo is being worked.

1. A.  Storage of flammable or combustible liquids in excess of Uniform Fire Code exempt amounts is not permitted on docks without prior approval of the Harbor Master.
2. B.  Storage of flammable or combustible liquids on docks in quantities requiring placarding by DOT must be stored by designated areas.
3. Exception: Locations approved by the Harbor Master, prior to storage.
4. C.  Exempt amounts of flammable or combustible liquids may be stored on docks if stored in approved safety cans, flammable liquid cabinets, or in unopened Department of Transportation (DOT) containers.
5. D.  Flammable liquids or gases and combustible liquids may not be dispensed in the hold of ships. Exchanging of fuel cylinders of tanks for equipment is not permitted in the holds of ships. When fueling of lift trucks or other equipment used in the holds of ships becomes necessary, the lift truck or equipment must be lifted out of the ship to the dock and fueling must be done on the dock. The fueling area on the dock must be approved prior to fueling, by the Harbor Master. Any additional fire safety equipment deemed necessary by the Harbor Master must be in place before any fueling or refueling is started. After fueling or refueling and before the lift truck or equipment is lifted back into the ship, the equipment must be started and checked for leaks in the fuel system. The equipment must then be shut down, lifted back into the hold of the ship and then restarted and work resumed. Except for emergency fueling of cars of 5 gallons or less.
6. E.  The transfer of flammable liquids in moorages for water craft is prohibited except at duly authorized fuel docks.

When transferring oil or other hazardous materials cargoes, all vessels, transfer facilities, barges and other watercraft must do so in complete compliance with procedures set forth in approved Codes of Federal Regulations.

1. A.  No person may pump, cast, discharge, or allow any petroleum or other oil of whatever nature to flow into or upon any tributary, sewer, drain, ditch, or waters that flow into any navigable water within and abutting the corporate limits of the City or water that flows into the river.
2. B.  No vessel or watercraft of any nature whatsoever may pump bilges containing any oil matter into the waters of the harbor, but they must pump the same into barges or lighters equipped for handling such oil cargo, or with a siphon discharge, and any such pumping will be a violation of this Chapter if any oil matter gets into the waters of the harbor. Notice must be given to the Harbor Master by the owners, agent, or employees of the lighters or barges prior to the pumping or siphoning, and immediately upon completion of the operations.
3. C.  No industrial plant garage, service station, oil station, or other oil using plant may have any direct lead from any oily drain into any sewer, drain, ditch, or other discharge without first running through a sump and the sump must be kept skimmed at all times and in case any sump overflows the responsible party will be held the guilty person.
4. D.  Whenever any vessel or other watercraft is drydocked, beached, or hauled out on any ship way, and oil of any kind is leaking, all due precautions must be taken to keep such oil from flowing out into the waters of the harbor; and oils must be skimmed into barrels or other containers or absorbed by quantities of hay, straw, dry shavings, or other approved buoyant absorbent. No chemical cleaner can be used for oil on the water. Oil must be removed to some place other than where it may again enter the waters of the harbor.
5. E.  Any person, contractor, firm, or corporation who allows any petroleum product or other oil substance to get into such waters in any way must take immediate means to recover as much of the oil substance as possible by absorbing same into hay, straw, dry shavings, or approved buoyant absorbent that can be removed from the water and disposed of. Sinking same with sand, gravel, or chemical compounds will not be allowed and the use of same will subject the party doing so to arrest.

No vessel or watercraft classed as an oil carrier or tanker, or constructed to carry a part cargo of oil, or carrying explosives or other dangerous or flammable cargo must be made fast in any manner that cannot easily be cast off or cut without unnecessary delay, and there must be sufficient water under the keel of any such vessel to float it at all times.

1. A.  No vessel or watercraft may transport, load, unload, or use on board any hazardous material as cargo within the jurisdiction of the Harbor Master, except in accordance with the regulations of the U.S. Department of Transportation (DOT) and U.S. Coast Guard.
2. B.  No hazardous materials may be received, handled, or stored at any dock or other facility within the Harbor Master’s jurisdiction not previously approved by the Harbor Master, and the U.S. Coast Guard.  All hazardous materials at these facilities must be handled, stored, loaded, and unloaded in compliance with requirements of the Portland Fire Code, National Fire Protection Association, and the U.S. Coast Guard.
3. C.  All hazardous materials must be properly packaged, marked, labeled, and containers placarded in accordance with DOT specifications, or International Maritime Dangerous Goods Code specifications as permitted by the DOT.
4. D.  The Harbor Master may limit the scope of activity, and/or specify fire safety provisions, in addition to this Code, should they deem such conditions are necessary to provide reasonable public safety in the handling or storage of hazardous materials.
5. E.  Permission from the Harbor Master to handle the following hazardous materials must be requested at least one week prior to the cargo arriving into the harbor.  (These are identified by the DOT classification.)
   1. 1.   Explosives 1.1, 1.2, 1.3, 1.4.
   2. 2.   Blasting agents 1.5.
   3. 3.   Poison gases 2.3
   4. 4.   Poison liquids with inhalation hazards 6.1
   5. 5.   Cryogens 2.1, 2.2
   6. 6.   Pyrophoric 4.2
   7. 7.   Dangerous when wet 4.3
   8. 8.   Ammonium nitrate and ammonium nitrate mixtures 5.1
   9. 9.   Oxidizers 5.1 and organic peroxides 5.2
   10. 10. Etiological materials 6.2
   11. 11. Radioactive 7.
   12. 12. Flammable solids 5.2
6. F.   The Harbor Master must be notified at least 72 hours prior to arrival into the harbor of any other hazardous materials, except for the following:
   1. 1.   Motor vehicles.
   2. 2.   Hay/straw.
   3. 3.   New wet batteries.
   4. 4.   ORM/D (consumer commodities).

1. All vessels when making fast to any dock or sea wall must do so in a safe way with suitable lines and fastenings to be furnished by the vessel. Whenever any vessel, by reason of the manner in which the same is made fast to any dock or sea wall, is unsafe or dangerous or a menace to itself or to any other adjoining dock, it is the duty of the master of such vessel or other person in charge to make such change as may be necessary to correct such condition. If the master or other person fails in such duty, the change will be made by the Harbor Master and all expenses incurred must be paid by and recoverable from such vessel or the master thereof to the City.

Except when fastened parallel to the channel, any vessel lying at berth allowing a portion to extend beyond the line of the dock, does so at its own risk and may be held responsible for any damage that may result by reason of the projection into the stream.

It is unlawful for the owner, agent or master of any ocean-going vessel to allow the same to remain anchored or moored or made fast to or lie at any pier, unless there is adequate security provided, as approved by the Harbor Master.

1. A.  It is unlawful for any person or corporation to moor, tie up, secure or anchor more than two abreast any vessels or watercraft more than 35 feet in breadth along any dock or shoreline running parallel to the Willamette River, without first securing written permission from the Harbor Master.
2. B.  It is unlawful for any person or corporation to moor tie-up or anchor any vessel or watercraft, except at an approved moorage or site approved by the Harbor Master. This Section is not meant to regulate normal recreational or commercial water craft or vessels for short periods of time, of less than 30 days duration. The Harbor Master may extend this time, as necessary, for unusual circumstances, at their discretion.

1. A.  No goods, lumber, logs, boats, vehicles, or other articles may be placed, piled, moored, tied, dumped, deposited, or allowed to remain on, or to obstruct any street end in any manner and all such articles must be removed at once when so ordered by any member of the police or fire department.
2. B.  No sign may be placed across or on any street end without written permission of the Harbor Master. No shack or other small building is allowed along the harbor unless of standard construction and unless a permit has been secured from the Harbor Master. The area from the property line to the curb line must be kept clear for pedestrian traffic at all times unless closed by the City Council or City Administrator. No combustible building or other fire hazard is allowed under bridge approaches.

1. A.  All docks where seagoing vessels are to be secured must be equipped with proper cleats, kevels, bollards, mooring posts, or similar devices for the ready and safe securing of such vessels as may be moored alongside; and all such fastenings must be kept clear at all times. No cargo or goods or articles of any kind may be unloaded, loaded, or piled near such fastenings that might preclude quick access to them and no fastenings may be made to any other part of any structure at any time that may endanger such structure in any way. All dock openings must have fences or barricades when not in use.
2. B.  It is unlawful for any ocean-going vessel, while made fast to any dock or wharf within the confined limits of the City to turn its propeller over in excess of 15 turns per minute (approximately one quarter full speed) without first having obtained permission from the Office of the Harbor Master and owner of the dock or wharf.

No passenger carrying vessel is allowed to load or discharge any passengers at any dock within the City unless the proper gangways, manropes, and life nets are in place and an adequate fence or rope rail is in place at the edge of the dock. Exception: Life nets may be removed at the Harbor Master’s discretion.

1. Any stevedoring company or any person engaged in working sulfur or any cargo of poisonous compounds or other commodity where any person working in or around such cargo may be overcome by dust or fumes or gases from such cargo must have at hand for immediate use suitable respiration protection equipment approved by NIOSH.

1. A.  All docks or other places where vessels are moored and cargo is worked or repairs are made must have at least one toilet and at least one drinking fountain for the accommodation of all employees and other persons having business at such dock or other place.
2. B.  If any vessel is working any persons or gangs at any dock or other location within the port for any purpose whatsoever, and if there are not proper toilet facilities available, or if the facilities become out of order for any cause, the vessel must have at least one toilet on board that is conveniently accessible and available at all times for the use of the persons so engaged in the ship’s operations.  All toilets must be kept clean, sanitary, and in good working order.

It is unlawful for the master or any person in charge of any vessel of any kind lying at any dock or while navigating in the harbor, to cause any whistle, siren, foghorn, bell, or any other kind of sound producing apparatus to be blown or sounded for any purpose other than required by law or by the U.S. Coast Guard “Rules of the Road: International - Inland” Commandant Instruction M16672.2 series. These rules are made a part of this Title. Copies are available at Group Portland, United States Coast Guard. No such apparatus may be tested or adjusted within the port without written permission of the Harbor Master. However, boilers and tanks may be blown out through an underwater exhaust between the hours of7 a.m. and 10 p.m. of any day. This Section does not prevent the routine testing of any sound producing apparatus in connection with actual getting under way.

1. A.  No vessel or other watercraft may dump garbage, dunnage, refuse, straw, or other packing material into the waters or upon the banks of any stream, tributary, or waters within or abutting the corporate limits of the City, but they must keep them on board until after leaving the harbor or dispose of same on shore through an approved garbage disposal service.
2. B.  If at any time any communicable disease peculiar to animals is found to exist in any country or state from which cargo was received, no waste material in any manner whatsoever may be discharged.
3. C.  All garbage while onboard ship must be stored in covered leak-proof containers.  Any garbage discharged while in port must be to an approved facility.

1. A.  It is unlawful for any person, firm, or corporation to throw, dump, deposit, unload, load, wash, flush, or by any other means allow any coal, clean water ballast, ashes, sand, gravel, rock, sawdust, ground fuel, dirt, earth, dust, chaff, vegetable, animal, or fish parts, slabs, planks, timbers, dunnage, paper, metal, or loose products, or dredgings of any kind, or any other unauthorized material into or upon the banks of any stream, tributary, or waters within or abutting the corporate limits of the City, by high water or other means.
2. B.  When such materials are being handled from ship, barge, or other floating object to shore, or from one floating object to another, a sufficient tarpaulin, plate, platform, or other kind of jumper must be placed, stretched, or spread so as to prevent effectually any such material from falling into the waters of the port, except where the loose materials are being handled by a pipe, hose, tube, tight bucket, or other object, so that no part thereof is allowed to get into the waters of the port.
3. C.  No plant along the banks of the navigable waters within or abutting the corporate limits of the City may allow any washing, screenings, or plant refuse of any kind whatsoever to get into the river if any such material will prove obnoxious or tend to fill in or obstruct the free flow of the river.
4. D.  All concerns engaged in the removal of refuse of any kind on the river must have suitable barges or boats with fixed bins, barricades, or fences so that no part of any such refuse will fall overboard while handling or mooring same. In the event any such material gets into the waters of the port, the materials must be removed at once.

It is unlawful for any person to operate any vessel in the harbor in such a manner as to jeopardize the same or to endanger life or property. When any power craft of less than 15 tons net burden is proceeding in such a manner that it is endangering any canoe, rowboat, skiff, or other watercraft, it is the duty of the person in charge of such power craft to reduce the speed, stop, or reverse as the case may be, to remove the danger to such watercraft or to refrain from willfully frightening the occupants thereof.

All contractors doing any construction work along the waterfront must take all necessary precautions for the safety of their workers.

It is unlawful for any vendors of any kind to go upon any ship or dock face while a ship is working cargo or while the winches or any of the gear is being operated for any purpose. No vending of any kind is allowed at any dock where the owners thereof have posted suitable signs prohibiting such vending.

1. A.  It is unlawful for any person to place or maintain any houseboat, scow, dwelling, boathouse, or any other kind of a floating dwelling on the river except at such places as may be designated by the Harbor Master as proper moorages.
2. B.  All such dwellings must be connected with running water from the City’s mains and must have at least one toilet of the flush type on board, and if the dwelling goes on ground, a proper closed drain must be established to running water.
3. C.  No such dwelling may be maintained at any location without permission first having been obtained from the property owner.
4. D.  All persons so occupying any floating dwelling must have written permission from the Harbor Master and the permission must designate the location of the dwelling. The Harbor Master may grant written permission if, after investigation, they find that all of the above provisions have been compiled with and finds that any floating dwelling will not be a menace to the surrounding property or the public health of the community.
5. E.  The Harbor Master may move any such dwelling at any time it becomes necessary or at the request of the property owner or for the safety of the dwelling or the public at large.
6. F.   No dwelling may be established along the waterfront or any property in the City limits from the shore line of the river to the nearest paralleling street curb that will not meet the building specifications and have the permission of Portland Permitting & Development for any such buildings, and they must have running City water connected into the building and have at least one flush type toilet connected to an approved sewer. 
7. G.  The owner of every floating dwelling must at all times have at least one 50-foot length of garden hose and a spray nozzle connected to City water service.
8. H.  All such dwellings and buildings must be constructed so as to meet all the requirements of the building, plumbing, Portland City Code Title 28 Floating Structures, electrical, and fire regulations and will be subject to inspection by proper authority at any time.

1. A.  No club association, person, firm, or corporation may operate or maintain any canoe houses or small boat storage without first having obtained from the Harbor Master a permit for moorage. The permit will be required if moorage space is rented to more than three individuals per year by any person, firm, corporation, club, or association. The permit may be revoked at any time if the Harbor Master finds conditions at any moorage are unsafe or a menace to the public health [or morals of the community], or where existence of the moorage in any location creates conditions adversely affecting navigation or maneuvering of vessels, or where navigation or maneuvering may create a hazard to life and property at the moorage.
2. B.  All moorages must have running water piped to them with a service line of sufficient size as to supply adequately all houses in the moorage. 
3. C.  All walks, steps, gangways, and ramps must be maintained in good condition at all times, equipped with at least one handrail or safety rail and have sufficient lights distributed as to make them safe at all times at night with lights turned on and burning during the hours of darkness every night. Electric power lines must be strung so that they will in no way endanger persons passing in and out of any such moorage.
4. D.  All moorages must maintain sufficient covered standard garbage cans to take proper care of all garbage for such moorage and garbage must not be allowed to accumulate for over seven calendar days without being disposed of as provided by law. No garbage, waste, or other surplus materials may be dumped or thrown into any of the waters within or abutting the corporate limits of the City, by any person at any moorage.

All ballast logs, fending-off floats, or camels, when used by vessels at docks, must be properly fastened by chains, wire cable, or ropes in such a manner that they cannot float through their fastenings if disturbed by the displacement of water caused by any passing vessel or other cause, and all such floats must have at least one preventer cable attached to it on end with the other end securely fastened to the ship or dock.

It is unlawful to heat any combustible matter, such as pitch, tar, resin, oil, or other flammable compounds on board any vessel lying at a dock or in the stream in the port, except in places as may be designated by the Harbor Master.

1. No person may run any rope, cable, or any other obstruction across any channel or fairway within the harbor without first obtaining permission from the Harbor Master. If so ordered by the Harbor Master, they must maintain a proper patrol during such time to warn all approaching watercraft of such danger and also must place red flags out by day and red lanterns by night, or other signals as ordered.

1. A.  The Harbor Master is authorized to stipulate the number and size and arrangement of any barges, rafts, or other objects that may be allowed to be towed through the harbor by any certain power boat or towboat; and no master, owner, agent, or person in charge of any towboat may tow in the Portland harbor unless the towboat has sufficient power to safely handle the object in tow and to keep it from obstructing any channel or fairway. If, at any time, the tow obstructs navigation, or if the Harbor Master finds that the towboat does not have sufficient power to safely handle the tow, the Harbor Master may order same promptly removed or secured, and the expense thereof will be recoverable by the City.
2. B.  It is unlawful for any person, firm, or corporation to enter the City limits with any vessel, barge, boat, scow, or other floating object that has been wrecked, damaged, or that may be in any unsafe and liable to sink due to such condition, or cause any above-named dangerous object to be towed into the harbor, where it may become submerged and an unsafe object to navigation, life, and property of the community, without first obtaining permission in writing from the Harbor Master.
3. C.  Any uncommissioned vessel or other large tow that is difficult to control or that in any way endangers the bridges crossing the Willamette River, will not be allowed to pass through any of the drawbridges crossing the Willamette River, unless it is equipped with an anchor of sufficient size, ready to drop, to hold the vessel or tow in any stage of water, and sufficient number of capable workers to handle the vessel must be on board. Any such vessel or other large tow not so equipped may be ordered tied up by the Harbor Master until the requirements of this Section have been complied with.
4. D.  In the event the object being towed gets out of control and damages public or private property or sinks and becomes a menace to navigation, the agent or responsible party making this tow must remove the sunken object at the earliest possible time.
5. E.  Any uncommissioned vessel passing through the bridges crossing the Willamette River within the City limits must have the services of a local pilot, provided, however, that if the Harbor Master may, in their discretion, determine that the services of a local pilot are not necessary under prevailing conditions, this requirement may be waived.

1. A.  All vessels and other watercraft during foggy or smoky weather, mist, falling snow, heavy rain, or other obscuring weather, must proceed at a moderate speed, having due regard to the existing conditions and circumstances.
2. B.  All vessels and watercraft must keep clear of seaplanes while they are taking off or landing within any district set aside for that purpose.
3. C.  All motorboats must proceed with caution while in the harbor and not try out for speed if other small boats are in the vicinity in numbers, except during permitted regattas, races, or demonstrations.
4. D.  All vessels when passing dredges, drydocks, vessels under repair, diving, or grappling operations, or other submarine work, must slow down to not more than six statute miles per hour. While passing over the mooring lines of any such activity, the propellers or other propelling machinery must be stopped; and if their draft permits, the vessel must keep on the outside of the buoys marking the ends of the mooring lines of floating plant that may be working within the channel area.
5. E.  No vessel may be operated in the port at any speed at which any damage may be done to the property of another or life may be endangered by the suction of waves, swells, or wake caused by such speed.

It is unlawful for any person to moor, tie up, or dock any vessel or other watercraft so that any portion of such vessel or watercraft overlaps or obstructs in any manner the free and easy entrance to or departure from any public dock or fireboat slip at any time.

All docks or other such places, moorings, and dolphins where ocean-going vessels will be moored for working cargo or repairs must have connections for potable water installed in accordance with Title 25 of the Administration Code of the City.

All ocean-going vessels and other watercraft must comply with the applicable rules and regulations prescribed by the federal government, and in addition all vessels under 150 feet registered length, barges, scows, or other watercraft, when at anchor within the port, must carry forward where it can best be seen, but at a height not exceed 20 feet nor less than eight feet above the deck, a white light showing a clear, uniform, and unbroken light visible all around the horizon at a distance of at least one mile. When at a dock, all vessels, log rafts, booms, or other floating craft that may have been made fast anywhere in the harbor, and any part thereof extending out past the harbor line, must display from sunset to sunrise at the extreme corners on the upstream and downstream ends, or within 25 feet thereof, a white, and no other colored, light that may be seen at least a distance of one mile, except on tankers or other vessels that may be carrying any hazardous cargo on which the federal law requires an unbroken red light, provided that regular fixed deck lights in proper placement may be used in place of portable lights on cargo vessels, and preferred on tankers and vessels carrying hazardous cargo. No vessel or other watercraft may display at any place within the City limits any colored lights that may be confused as navigation lights, signal lights, etc., except when actually under way or during a parade, or for a temporary display for a short time only. Whenever any such lights are to be displayed, notice must be given the Office of the Harbor Master, which will notify the local pilot’s office. All signal or navigation lights must be maintained from sunset to sunrise.

Every owner, lessee, or occupant of a dock or wharf within the City must close and keep closed by sufficient gates barricades, or hatches all slips and runways used as passageways between a dock or wharf and a ship, when such slips and runways are not in actual service, and must keep every dock and wharf sufficiently lighted at night when a vessel is made fast to it.

Every vessel lying alongside a wharf, or vessel lying alongside a vessel berthed at a wharf must, from sunset until sunrise, be provided with the proper lights, and must be provided continuously with the appliances in the way of gangways and manropes as may, in the opinion of the Harbor Master or in fact, be necessary for the convenience and safety of person passing to and from the vessel. Every gangway fixed for the purpose of giving the crew or other persons access to the ship after dark must be brightly illuminated by the best available means as long as such gangway is in use.

1. Every ocean-going vessel lying at a berth and secured, except river boats, must have safety nets suspended below any landing stage or gangplank as will prevent any person from falling into the water in the event any person slips off the landing. The nets must extend at least five feet past each side of all gangways. Safety nets may be regular cargo nets, tarpaulins, sailcloth, canvas, or any other material that is pliable and of sufficient strength to hold the body of an adult person who may fall from the gangway.
2. EXCEPTION: This regulation may be waived by the Harbor Master.

Every hawser or rope by which any ocean-going vessel is made fast to any dock, dolphin, or shore must be equipped with at least one metal disc or rat guard of size or position as may be approved by the Harbor Master and in no instance may a guard be allowed with less than 18 inches of metal from the center of the guard to the outside rim. Every metal disc must, if not affixed to the hawser or rope to the satisfaction of the Harbor Master, be removed to a position on the hawser or rope as pointed out by the Harbor Master. Vessels while berthed at a dock must be fended off from the dock a sufficient distance so that rats cannot jump from the vessel to the dock provided that, when river conditions prevent the loading or discharging of any vessel when fended off the proper distance, the Harbor Master may grant permission for the removal of the fending off floats to facilitate the loading or discharging of the vessel. When the vessel is not loading or discharging cargo, the vessel must be immediately fended off the required distance if conditions so permit.

All openings in the ship’s sides must be closed at sundown, and all cargo skids and nets must be unrigged at sundown, except during times as they are actually in use, when they must be brightly illuminated. In case gangways are not lifted from the ship or dock at night, both ends of the gangway must be lighted and a person constantly on watch at the head of the gangway on the vessel.

The master or person having the charge or command of any vessel coming to or laying alongside any wharf or vessel berthed at a wharf must, both before and during the time a vessel is moored or stationed at the wharf, or alongside any vessel berthed at a wharf, have the anchors stowed, and all other projections stowed within the rail of the vessel.

In order to facilitate the removal of vessels from their berths at any wharf or place of mooring or for other reasons, the Harbor Master may direct the master or person in charge of any vessel to slack away hawsers, cables, or other fastenings of any ship and to stow booms or other rigging. Every vessel while backing out of any slip must have at least one member of the crew on the lookout astern on the upper deck, such person to be in full view of the pilothouse to warn the master, or the person in charge of such vessel, of the proximity of any obstruction to navigation or the approach of another vessel. Every vessel must continue to back a sufficient distance beyond the face of any pier to avoid any danger of accident or collision with any other vessel backing out from the same or any other slip. Every vessel backing out from a slip must proceed slowly, using extreme care for the prevention of accidents.

It is unlawful for any person operating any motorboat to tow any canoe while such canoe is occupied by any person, and it is unlawful for any person operating or occupying any canoe, sailboat, motorboat, or rowboat to make fast to any log raft being towed through the harbor. No person operating any canoe, rowboat, or motorboat may pass between the stern of any towboat and the raft in tow thereof.

1. A.  It is unlawful for any person to drive any piling or to dredge or dig within 200 feet of the submerged water mains of the City in the Willamette River, without first obtaining written permission to do so from the Harbor Master. Before giving any such permission, the Harbor Master will consult with the Engineering staff of the Portland Bureau of Water Works. The existing City water mains are located as follows:
2. A 30-inch water main from the foot of SW Spokane Street to the foot of SE Spokane Street.
3. A 36-inch water main from the foot of SW Caruthers Street to the foot of SE Stephens Street.
4. A 24-inch water main from the foot of SW Mill Street to the projected foot of SE Stephens Street.
5. A 30-inch water main from the foot of SW Clay Street to the foot of SE Clay Street.
6. A 60-inch water main from the foot of SW Miles Place to the foot of SE Lambert Street.
7. A 36-inch water main from the foot of St. Johns Bridge to the foot of N. Pittsburgh Street (approx. 500 feet upstream of the center line of the St. Johns Bridge).
8. The location of the City’s water mains are indicated by large targets on which there is printed “Pipe Crossing City of Portland.”
9. B.  Nothing in the above Section relieves any person, company, or corporation from securing such other permits as may be required by any other agency such as, U.S. Army Corps of Engineers or the Port of Portland, and Division of State Lands.

1. A.  Any person operating or having control upon the navigable waters within the City limits any watercraft having moveable derrick booms or other adjustable contrivances must, before passing through or under any bridge, lower the boom or other adjustable contrivance sufficiently so that the draw or lift of any bridge will not have to be opened or raised on account of such derrick boom or other adjustable contrivance. It is unlawful for any person having control of any watercraft equipped with moveable derrick boom or other adjustable contrivance to signal for the opening of any draw or the raising of any bridge lift, where, by lowering the derrick boom or other adjustable contrivance, the craft would be able to pass under the bridge without opening the draw or raising the lift.
2. B.  No watercraft may be anchored or moored within 50 feet of any such bridge or bridge approach without obtaining a permit therefor as provided by ordinance; provided, however, that this Section does not apply to cargo carrying vessels that comply with the regulations of the United States Government for protection against fire while taking on or discharging cargo. All watercraft to which this Section applies must be kept free from oily rags, oily wood, wastepaper, and all other things that constitute a fire hazard. Every such watercraft must be equipped with approved fire extinguishers in good working condition as required by ORS 488.090.
3. C.  All machinery, apparatus, devices, and instruments for furnishing power, light, heat, or protection against fire or for extinguishing fire, must comply with all of the regulations of the Government of the United States of America, the State, and the City. To the full extent permitted by law, authorized personnel of Portland Fire & Rescue, Bureau of Police, or other City bureaus or departments have the right at all reasonable hours to inspect watercraft to determine conformity with the provisions of this Section.

It is unlawful for any person to moor or maintain any vessel or other watercraft at any street end or along or adjacent to any bridge in such position as to interfere with the dumping of snow into the harbor from a bridge or street end when snow is being removed from streets.

1. A.  Whenever it appears to the Harbor Master that any automobile, boat, or other thing has sunk within the Portland harbor and has reason to believe that a human body may be contained therein, the Harbor Master may use such means for the removal or recovery of same as may appear reasonable and necessary.
2. B.  Whenever any gun or other thing has been thrown into or has entered the waters within the City and the same appears to be necessary evidence in any investigation, criminal or civil, the Harbor Master may use such means as may be needed to recover same.

It is unlawful to fasten any watercraft or floating timber to any bridge, or part thereof, or to moor any watercraft or floating timber underneath any bridge or bridge approach within or abutting the corporate limits of the City.

Any person causing any damage to or injuring any dock, pier, gangway, float, barge, trestle, roadway, building, fence, or other structure that is the property of or under the supervision of the City, the damage being caused by the use thereof, by accident or otherwise, will be liable to the City for the full amount of the damage. The Harbor Master must be notified of any such damages with 48 hours of such occurrence.

No dead ship may be moored or anchored within the harbor except upon written approval of the Harbor Master who must have been given at least five days prior notice of the entry of the dead ship or ships into the harbor.

ORS Chapter 830 is adopted herein, incorporated by reference, and made a part of this Title. Except as otherwise specified, all boats on any navigable waters within or abutting the corporate limits of the City are subject to the provisions of Chapter 830, Oregon Revised Statutes (Boats and Boating).

In the event of fire occurring on board any vessel or watercraft in the Portland harbor, except those under way, it may sound five prolonged blasts of whistle or siren as an alarm indicating fire on board or at the dock to which it is moored. The signal may be repeated at intervals to attract attention and is not a substitute for, but may be used in addition to, other means of reporting a fire. The words “prolonged blast” used in this Section mean a blast of 4 to 6 seconds duration.

1. A. As used in this Section and Section 19.16.515 the following words and terms have the meanings indicated unless the context clearly requires otherwise:
   1. 1. PBOT means the City of Portland Bureau of Transportation. Where appropriate, the term “PBOT” also refers to the staff and employees of the Portland Bureau of Transportation.
   2. 2. Dock means the PBOT float, piers, and gangway that are part of the Kevin J. Duckworth Memorial Dock installed on the east bank of the Willamette River and attached to the Eastbank Esplanade near and upriver (south) of the Steel Bridge.
   3. 3. Commercial vessel means a vessel that is used, rigged, or licensed for any commercial use or purpose, and includes watercraft operated within the terms of a concession lease or agreement with the City.
   4. 4. Night means any period of time between one hour after sunset until one hour before sunrise.
   5. 5. Director means the Director of the Portland Bureau of Transportation.
2. B. The operator of recreational watercraft may use the Dock for recreational purposes only. It is permissible to swim, fish and operate non-motorized craft from the dock. Recreational motorized boats are only permitted to pick up and drop off passengers from the designated zone. It is unlawful to use the Dock for any purpose other than recreation without prior written permission of the Director.
3. C. It is unlawful to moor a watercraft at the Duckworth Dock, except as described in this Section, without prior written permission of the Director. The Harbor Master may permit a craft to be moored at the Duckworth Dock for more than 24 hours only when the craft is inoperable and reasonable additional time is needed to repair it. A designated 50 foot drop off/pickup zone has been established for motorized boats at the northern most outside edge of the dock. This is the only area of the dock recreational vehicles are permitted for the purpose of dropping off and picking up passengers. No recreational motorized boat mooring is permitted.
4. D. Non-motorized recreational boats may moor on both sides of the dock, with the exception of the 50 foot recreational motorized drop off/pick up zone that is also designated for commercial vessels (tour boats, water taxis, etc.). Commercial vessels must obtain a permit through the Portland Parks & Recreation Reservation Center, which is allowed to issue commercial permits on PBOT’s behalf.
5. E. Use of the Dock is on a first come, first served basis unless otherwise permitted by the Director.
6. F.  The mooring of any craft in violation of this Section may result in eviction from moorage, in addition to any other penalty prescribed by law.
7. G. The City Administrator may issue administrative rules as authorized by charter and the City Council establishes moorage fees that are necessary to operate and maintain the Dock.
8. H. The provisions of this Section may be enforced by the Director or their appointed designees, the Portland Park Bureau Rangers, the Harbor Master, the Portland Police Bureau and its officers, and the Multnomah County Sheriff’s Office and its deputies.
9. I. The Director is authorized to designate persons in charge of the Dock. The designation will be in writing, and any person and law enforcement agency so designated will be a “person in charge” as that term is defined in ORS 164.205(5) until the designation is removed by the Director. The Director will maintain a list of all persons who have been designated as a “person in charge” of the Dock. Upon request, the Director will provide a copy of the list to the District Attorney of Multnomah County.
10. J. The City and its officers, employees, and agents are not liable for any personal injury or property damage resulting from maintenance or use of the Dock.

1. A. In addition to other remedies provided for violation of this Code, or of any of the laws of the State of Oregon, any Peace Officer as that term is defined under ORS 133.005 may exclude any person who violates any applicable provision of law at the Duckworth Dock from the Dock in accordance with the provisions of this Section. Nothing in this Section may be construed to authorize the exclusion of any person lawfully exercising free speech rights or other rights protected by the state or federal constitutions. However, a person engaged in such protected activity who commits acts that are not protected, but that violate applicable provisions of law, is subject to exclusion as provided by this Section.
2. B. For purposes of this Section, "applicable provision of law" includes any applicable provision of this Code, of any City ordinance, or of any rule or regulation promulgated by the Director, the Council, or the City Administrator under this Title, any applicable criminal or traffic law of the State of Oregon, any law regarding controlled substances or alcoholic beverages, any applicable County ordinance or regulation. For purposes of this Section, "applicable" means relating to the person's conduct at the Dock.
3. C. An exclusion issued under the provisions of this Section will be for 30 days. If the person to be excluded has been excluded from the Dock at any time within two years before the date of the present exclusion, the exclusion will be for 90 days. If the person to be excluded has been excluded from the Dock on two or more occasions within two years before the date of the present exclusion, the exclusion will be for 180 days.
4. D. Before issuing exclusion under this Section, a Peace Officer will first give the person a warning and a reasonable opportunity to desist from the violation. An exclusion will not be issued if the person promptly complies with the direction and desists from the violation. Notwithstanding the provisions of this Subsection, no warning is required if the person is to be excluded for engaging in conduct that:
   1. 1. Is classified as a felony or as a misdemeanor under the following Chapters of the Oregon Revised Statutes, or is an attempt, solicitation or conspiracy to commit any such felony or misdemeanor defined in ORS:
      1. a. Chapter 162 - Offenses Against the State and Public Justice;
      2. b. Chapter 163 - Offenses Against Persons;
      3. c. Chapter 164 - Offenses Against Property, except for ORS 164.805, Offensive Littering;
      4. d. Chapter 165 - Offenses Involving Fraud or Deception;
      5. e. Chapter 166 - Offenses Against Public Order; Firearms and Other Weapons; Racketeering;
      6. f.  Chapter 167 - Offenses Against Public Health, Decency and Animals; Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors; or
   2. 2. Has resulted in injury to any person or damage to any property; or
   3. 3. Constitutes a violation of any of the following provisions of this Code:
      1. a. Section 14A.40.030 - Indecent Exposure;
      2. b. Section 14A.40.040 - Loitering to Solicit Prostitution;
      3. c. Section 14A.40.050 - Unlawful Prostitution Procurement Activities;
      4. d. Section 14A.60.010 - Possession of a Loaded Firearm in a Public Place;
      5. e. Section 14A.60.020 - Discharge of a Firearm;
      6. f.  Section 14A.60.030 - Tear Gas and Stun Guns;
      7. g. Section 14A.60.040 - Explosives and Bottle Bombs; or
   4. 4. Is conduct for which the person previously has been warned or excluded for committing on the Dock.
5. E. Written notice must be given to any person excluded from the Dock under this Section. The notice must specify the date, length and place of the exclusion, must identify the provision of law the person has violated and must contain a brief description of the offending conduct. The notice must inform the excluded person of the right to appeal, including the time limit and the place of delivering the appeal. It must be signed by the issuing party. Warnings of consequences for failure to comply must be prominently displayed on the notice.
6. F. A person receiving such notice of exclusion may appeal to the Code Hearings Officer in accordance with the provisions of Title 22 of this Code. The Code Hearings Officer will uphold the exclusion if, upon the Code Hearings Officer's de novo review, the preponderance of evidence admissible under the provisions of Title 22 of this Code convinces the Code Hearings Officer that, more likely than not, the person in fact committed the violation, and if the exclusion is otherwise in accordance with law.
7. G. At any time within the period of exclusion, a person receiving such notice of exclusion may apply in writing to the Director for a waiver of some or all of the effects of the exclusion for good reason. If the Director grants a waiver under this Subsection, the Director will promptly notify the Portland Police Bureau's Records Division and the designated Person in Charge of such action. In exercising discretion under this Subsection, the Director will consider the seriousness of the violation for which the person has been excluded, the particular need of the person to be on the Dock during some or all of the period of exclusion, such as for work or to attend or participate in a particular event (without regard to the content of any speech associated with that event), and any other criterion the Director determines to be relevant to the determination of whether or not to grant a waiver. Notwithstanding the granting of a waiver under this Subsection, the exclusion will be included for purposes of calculating the appropriate length of exclusions under Subsection 19.16.515 C. The decision of the Director to grant or deny, in whole or in part, a waiver under this Subsection is committed to the sole discretion of the Director, and is not subject to appeal or review.
8. H. If an appeal of the exclusion is timely filed under Subsection 19.16.515 F., the effectiveness of the exclusion will be stayed pending the outcome of the appeal. If the exclusion is affirmed, the remaining period of exclusion will be effective immediately upon the issuance of the Hearings Officer's decision, unless the Hearings Officer specifies a later effective date.
9. I. If a person is issued a subsequent exclusion while a previous exclusion is stayed pending appeal (or pending judicial review, should a court stay the exclusion), the stayed exclusion will be counted in determining the appropriate length of the subsequent exclusion under Subsection 19.16.515 C. If the predicate exclusion is set aside, the term of the subsequent exclusion may be reduced, as if the predicate exclusion had not been issued. If multiple exclusions issued to a single person for the Dock are simultaneously stayed pending appeal, the effective periods of those that are affirmed will run consecutively.
10. J. No person may enter or remain on the Dock at any time during which there is in effect a notice of exclusion issued under this Section excluding that person from the Dock.