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BULLET St. Louis City Revised Code Chapter 21.28 Obstructions in Water

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 21.28
Obstructions in Water

Sections:

21.28.010 Grounded boats.
21.28.020 Removal of wrecks.
21.28.030 Disposition of salvage.
21.28.040 Removal of boats in danger by fire or ice.
21.28.050 Obstructions.
21.28.060 Sunken vessels.
21.28.070 Floating objects.
21.28.080 Nuisances.

Prior ordinance history : Ord. 51391

City Counselor Ops.: 9996, 10270

21.28.010 Grounded boats.

No owner or person in charge of any vessel or watercraft shall suffer the same to be grounded at the improved public wharf or landing, and remain grounded through neglect, for a longer period of time than twenty-four hours.
(Ord. 56707 1 (part), 1974: 1960 C. 297.010.)

21.28.020 Removal of wrecks.

If any vessel or watercraft sinks in the harbor and the wreck is an obstruction to navigation in the harbor or to use of the wharf, the director of streets shall at once notify the owner or person in charge of such vessel or watercraft and cargo, if any, to remove the obstruction. He shall designate a time limit for the removal of the obstruction by the owner or person in charge. If the owner or person in charge of the wreck and cargo refuses or neglects to remove the obstruction within the time specified in the notice, the director shall proceed immediately to remove the obstruction.
(Ord. 56707 1 (part), 1974: 1960 C. 297.020.)

Cases:

It is not a part of the public duty of a city to pump out and raise boats which sink at its levee. City of St. Louis v. The Maggie P., 25 F. 204 (1885).

21.28.030 Disposition of salvage.

Any property, including cargo, furniture, engine, hull, tackle and apparel of the sunken vessel or watercraft saved from the wreck by the director in removing any obstruction described in Section 21.28.020 shall be sold by him at public auction, after giving three days notice in the paper doing the city printing, to the highest bidder for cash. From the proceeds of the sale, the director shall retain the cost and expenses of removing the wreck and cargo, if any, and of saving and selling the parts thereof, and shall also retain twenty percent of the balance, if any, as salvage. The remainder of the proceeds shall be paid into the city treasury as a special fund subject to the right of the owners thereof and the laws applying to such case. The money retained for expenses and salvage shall be paid into the port revenue fund.
(Ord. 56707 1 (part), 1974: 1960 C. 297.030.)

21.28.040 Removal of boats in danger by fire or ice.

Any vessel or watercraft may at any time be required to leave forthwith the improved wharf by order of the director of streets, if in his opinion, the vessel or watercraft is in danger of being injured by fire or ice.
(Ord. 56707 1 (part), 1974: 1960 C. 297.040.)

21.28.050 Obstructions.

No master, owner, or other person in charge of any towboat shall while towing any vessel, watercraft or obstruction obstruct the harbor in any way slip, or other vessel or watercraft; and it shall be unlawful to fail, neglect or refuse to do so.
(Ord. 56707 1 (part), 1874: 1960 C. 297.050.)

21.28.060 Sunken vessels.

When any vessel or watercraft or obstruction has been sunk or grounded, or has been delayed in a manner to stop or seriously interfere with or endanger navigation, the director of streets or his authorized agent may order the same immediately removed and if the owner or other person in charge thereof after being so ordered does not proceed immediately with removal the director of streets or his authorized agent may take immediate possession thereof and remove the same using methods as in his judgment will prevent unnecessary damage to the vessel or watercraft or obstruction. The expense incurred by the director of streets or his authorized agent in removal shall be paid by the owner or other person in charge of the vessel or watercraft or obstruction. In case of failure to pay the removal expenses the city may maintain an action for recovery thereof.
(Ord. 56707 1 (part), 1974: 1960 C. 297.060.)

21.28.070 Floating objects.

All vessels, watercraft, logs, piling, building material, scows, houseboats, or any other article of value found adrift in the St. Louis harbor may be taken in charge by the director of streets or his authorized agent and shall be subject to reclamation by the owner thereof on payment by him to the city of all expenses incurred by the city in connection therewith. In the event of failure to reclaim the article, same may be sold or disposed of according to law.
(Ord. 56707 1 (part), 1974: 1960 C. 297.070.)

21.28.080 Nuisances.

Sunken vessels or watercraft, refuse of all kinds, structures or pieces of any structure, dock sweepings, dead fish or parts thereof, dead animals or parts thereof, timber, logs, piles, boom sticks, lumber, boxes, empty containers and all other substances of articles of similar nature, are declared to be public nuisances and it shall be unlawful for any person to throw or place in, or cause or permit to be thrown or placed any of the above named articles or substances in the St. Louis harbor, or upon the shores thereof or in such position that the same may or can be washed into the harbor, either by high water, storms, floods, or otherwise. Any person causing or permitting said nuisance to be placed as aforesaid shall remove the same and upon his failure so to do the same may be removed by the Director of Streets or his authorized agent and the expense thereof shall be paid by and recoverable from the person creating the nuisance. In all cases the nuisance may be abated in the manner provided by law. The abatement of any such public nuisance shall not exempt the person responsible therefor from prosecution hereunder.
(Ord. 56707 1 (part), 1974: 1960 C. 297.090.)

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