HomeMy WebLinkAboutOrd2010-002 Sponsored by: Oates
Introduction Date: September 13, 2010
law Public Hearing Date: September 27, 2010
CITY OF SEWARD, ALASKA
ORDINANCE 2010 -002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, REPEALING AND RE- ENACTING SEWARD CITY CODE
CHAPTER 7.10, HARBOR & PORT FACILITIES
WHEREAS, the City Council instructed the City Administration to correct deficiencies in
the Port and Harbor Code; and
WHEREAS, in the Fall of 2009, the Seward Chamber of Commerce distributed the Seward
Harbor Survey intended to serve as a platform for policy change for the Seward Harbor; and
WHEREAS, the Administration, working with the Port and Commerce Advisory Board and
the City Attorney, has developed a revised Port & Harbor Code; and
WHEREAS, the City Administration attempted to balance the requests of business owners,
recreational boat owners, and transient vessel owners to develop policies that meet the needs of these
entities while and protecting the interests of the City, specifically to follow state guidelines and to
lrw preserve the public nature of the Seward Small Boat Harbor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. Seward City Code Chapter 7.10 is hereby REPEALED and RE- ENACTED as set
forth in the attachment to this ordinance.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
Section 3. These code changes shall take effect January 1, 2011.
ENACTED by the City Council of the City of Seward, Alaska, this 27`" day of September, 2010.
CITY OF SEWARD, ALASKA
ORDINANCE 2010 -002
THE CITY OF SEWARD, ALASKA
illard E. Dunham, Mayor
AYES: Valdatta, Bardarson, Smith, Keil, Shafer, Amberg, Dunham
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
4 % -14_,:z -t t,A.-, ay
f'blc eigil
Jean Lewis
City Clerk
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Council Agenda Statement
Meeting Date: September 27, 2010
4 o Set
To: Phillip Oates, City Manager ' �= ~ quo
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From: Kari Anderson, Harbormaster gt,osr-P
Agenda Item: Repealing and Re- enacting Seward City Code 7.10
BACKGROUND & JUSTIFICATION:
The Port & Commerce Advisory Board (PACAB) held work sessions throughout 2009 and 2010 to
discuss options for revisions to Seward City Code 7.10, Port & Harbor Facilities. Work sessions
were held with Seward City Council on June 21, June 24, and August 9 to evaluate and discuss these
changes.
Proposed changes include: increasing the number of slips an entity may obtain, extending the amount
of time an entity has to obtain a qualifying interest in a vessel when offered a slip, improvements to
the refund policy, clarifications regarding harbor licenses and permits, and a standardized appeal
process.
The harbor has sought public input on these proposed policies. Letters were sent to local yacht clubs,
individuals on the waitlist, transient vessels and all current slip holders regarding these proposed
changes which were posted on the Harbor website August 15 2010. City Administration has
attempted to balance the requests of small business owners, recreational boat owners, and transient
vessel owners to develop policies that meet the needs of these entities while following state
guidelines to preserve the public nature of the Seward Small Boat Harbor.
INTENT: To repeal and re -enact Seward City Code Chapter 7.10, Harbor & Port Facilities.
CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the
Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council
Rules of Procedures or Other Plans or Policies:
Yes (List Below) No
2020 Comprehensive Plan- Recommend systematic review and update of city code.
SBH Management Plan- Administratively review and recommend update of city code as needed.
FISCAL NOTE: These code changes include a revised refund policy for moorage.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Council approve Ordinance 2010 -002 ordaining Seward City Code Chapter 7.10 to be repealed and
re- enacted.
(strike out = deletions, bold italics = additions)
Chapter 7.10. Harbor and Port Facilities
Article 1. General Provisions
7.10.110. Short title.
7.10.115. Purpose.
7.10.120. Interpretation.
7.10.125. Implied agreement from use of facilities.
7.10.130. Accident report.
7.10.135. Definitions.
Article 2. Administration
7.10.210. Harbormaster.
7.10.215. Limitation of liability.
Article 3. Moorage
7.10.310. Registration required.
7.10.315. Transient moorage.
7.10.320. Reserved moorage.
7.10.325. Moorage conditions and restrictions applicable to transient and reserved moorage.
7.10.330. Refusal of moorage.
7.10.335. Required equipment.
7.10.340. Utilities.
7.10.345. Insurance.
7.10.350. Authority of harbormaster to board and move vessel.
fir.. 7.10.355. Seaplanes.
7.10.360. Determination of involuntary relinquishment.
Article 4. Wharfage, Storage and Other Activity
7.10.410. Wharfage.
7.10.415. Storage.
7.10.420. Fish processing
7.10.425. Grid and b Boat lifts.
Article 5. Prohibited Practices
7.10.510. Speeding.
7.10.511. Operating under the influence.
7.10.512. Reckless operation.
7.10.513. Hazard to navigation.
7.10.514. Failure to register.
7.10.515. Improper mooring and anchoring.
7.10.516. Inadequate equipment.
7.10.517. Improper use of facilities.
7.10.518. Improper disposal.
7.10.519. Improper care and control of animals.
7.10.520. Water sports.
7.10.521. Failure to make accident report.
7.10.522. Dinghies, rowboats and skiffs.
7.10.523. Noise.
7.10.524. Derelict, nuisance, unseaworthy, wrecked and sunken vessels.
7.10.525. Unauthorized utility connections; interference with harbor property.
7.10.526. Unauthorized boarding of vessels.
7.10.527. Improper use of fire - fighting equipment.
7.10.528. Welding equipment, torches, open flame.
7.10.529. Loading or unloading explosives.
7.10.530. Solicitation, advertising and signs.
7.10.531. Fenders on fingers.
7.10.532. Use of docks and fingers.
7.10.533. Children.
7.10.534. Bicycles, motorcycles, rollerblades, skateboards.
7.10.535. Parking of vehicles generally and unattended trailers.
7.10.536. Unauthorized collection of fees and use of waterfront.
7.10.537. Movement of vessels.
7.10.538. License.
7.10.539. Outboard motors.
7.10.540. Searchlights, crab lights.
7.10.541. Residential use.
7.10.542. Failure to observe city health and conduct rules.
7.10.543. Vessels extending over the main walkway or float.
7.10.544. Obstruction of walkway, float, gangway prohibited.
7.10.545. Repairs and maintenance of vessels.
7.10.546. Removal of vessel without payment of charges.
7.10.547. Cargo on the beach.
Article 6. Fees and Penalties
7.10.610. Fees.
7.10.615. Fee collection.
7.10.620. Penalties.
Article 7. Impoundment and Disposition of Vessels and Abandoned Property
7.10.710. Lost and abandoned property.
7.10.715. Property which may be impounded.
7.10.720. Notice to owner.
7.10.725. Hearing.
7.10.730. Dccision Impoundment.
7.10.735. Impoundment.
7.10.740. Release from impound.
7.10.745. Disposition of impounded abandoned property or vessel.
7.10.750. Public auction.
7.10.755. Sale.
7.10.760. Effect of sale.
Article 8. Licenses and Permits
7.10.810. Licenses and permits prerequisite to conduct of business.
7.10.815. Business Terminal use permits or license agreements -- required.
7.10.812. Business license required.
7.10.820. Business Agreements or permits -- Employees and agents of principals.
7.10.825. Business Agreements or permits -- Application.
7.10.830. Business Agreements or permits -- Duration.
7.10.835. Business Agreements or permits - -Terms and conditions.
7.10.840. Business Agreements or permits -- Suspension and revocation.
7.10.845. Right of city to inspect leased premises.
7.10.850. Applicants to release city from liability.
Article 9. Appeal
7.10.900 Appeal.
Article 1. General Provisions
7.10.110. Short title.
This title chapter shall be known and cited as the Seward Harbor Ordinance.
(Ord. 95 -11)
7.10.115. Purpose.
The purposes of this chapter are to:
(1) Maximize the safe and efficient use of the harbor,;
(2) Provide for the orderly management, development, and control of the harbor;
(3) Protect and preserve public and private property within the harbor and the lives, health,
safety, and well -being of persons who use, work, or maintain property in the harbor;
(4) Prevent and discourage the use of the harbor by vessels that are derelict or a nuisance, and
prevent and abate fire, health, safety, and navigation hazards; and
.,. (5) Assess reasonable fees for the use of harbor facilities.
(Ord. 95 -11)
7.10.120. Interpretation.
(a) Consistent interpretation and effect of invalidity. This chapter title shall be construed, to
the greatest extent reasonable, in such a manner as to be consistent with applicable federal and
state laws and regulations and any conveyances or agreements from or with the state pertaining
to the harbor. If any section of this chapter -title is declared invalid, the remaining sections shall
not be affected.
(b) Application in an emergency. The provisions of this chapter -title shall not be construed to
limit a vessel owner from taking action necessary to protect life, limb, or property in the case of
an emergency.
(Ord. 95 -11)
7.10.125. Implied agreement from use of facilities.
The use of the harbor or the presence of a vessel in the harbor constitutes an agreement by the
owner to conform to the provisions of this chapter title, the harbor tariff, and any rule,
regulation, or order made pursuant thereto, and to pay all fees and charges provided by this title
or the harbor tariff.
(Ord. 95 -11)
7.10.130. Accident report.
hoe
Any person operating a vessel involved in an accident within the harbor resulting in the death or
injury of any person, or damage to property in excess of $500.00 shall, in addition to any other
sj notices required by law, immediately give oral notice of the accident to the harbormaster and
shall, within 24 hours after the accident, file a written report with the harbormaster on such form
as the harbormaster may provide.
(Ord. 95 -11)
7.10.135. Definitions.
Whenever the words, terms, phrases, and their derivations set forth in this section are used in this
title, they shall have the meaning set forth in this section.
Abandoned property. "Abandoned property" means personal property which is unattended and
is either not registered with the harbormaster or not in a location the harbormaster has designated
for its storage.
Anchor. "Anchor" means to secure a vessel to the bed of a body of water by dropping an anchor
or anchors or by using a buoy or other ground tackle.
Business. "Business" means any profession, trade, occupation, or calling carried on for a profit
or livelihood, including every kind of commercial enterprise, and including the operation of
games, machines, or mechanical devices.
City. "City" means the City of Seward.
City manager. "City manager" means the city manager for the City of Seward or the designee of
the city manager.
Derelict. "Derelict" means any vessel which is or appears to be forsaken, abandoned, deserted,
or cast away, or which, in the opinion of the harbormaster, is unsound, unseaworthy, or unfit for
its trade or occupation.
Distress. "Distress" means a state of disability or a present or obvious imminent danger which if "'
unduly prolonged could endanger life or property.
Dock. "Dock" means any pier, float, slip, wharf, finger, ramp, gangway, bulkhead, dolphin, or
sea wall within the harbor that is owned or operated by the city.
Emergency. "Emergency" means a state of imminent or proximate danger to life or property in
which time is of the essence.
Family Member. Spouse, child, or same sex partner in an established relationship.
Finance director. "Finance director" means the finance director for the City of Seward or the
designee of the finance director.
Harbor. "Harbor" means all waters, tidal areas, and adjacent upland areas owned by the city and
listed and identified in the land use plan as "harbor commercial and industrial," together with any
and all facilities of a port or maritime nature either publicly or privately owned that are primarily
used by or for the service of vessels, including the port facilities located at SMIC, and all docks,
pilings, hoists, parking areas, leased water areas, concessions and /or service facilities located
within the area defined herein.
Harbormaster. "Harbormaster" means the harbormaster for the City of Seward, the deputy
harbormaster, or any assistant harbormaster or other person designated by the harbormaster to act
in his place.
Harbor tariff "Harbor tariff' means the City of Seward Terminal Tariff as approved by the city
council and amended from time to time.
Land use plan. "Land use plan" means the land use plan authorized in Title 15, Chapter 15.05 of
the Seward City Code as amended from time to time.
Moor. "Moor" means to secure a vessel other than by anchoring.
Moorage. "Moorage" means the process of mooring or the state of being moored and, when the
context requires, the fees for such acts imposed by under title.
Nuisance. "Nuisance" means a derelict vessel, a vessel which is not kept and regularly pumped
free of excess water inside its hull, a vessel which is submerged, grounded, disabled, or in
immediate danger of sinking, or a vessel which, in the opinion of the harbormaster, creates or
constitutes a fire, health, safety, or navigation hazard. A vessel shall be presumed to constitute a
nuisance if:
(1) The vessel is obstructing a waterway, or is endangering life or property and has been left
unattended for a continuous period of 24 hours; or
(2) The vessel has been moored, anchored, or otherwise left in the harbor and:
a. The vessel's state registration number or marine document has expired and the registered
owner no longer resides at the address listed in the vessel registration or marine document
records of the United States Coast Guard, the State of Alaska, or the harbor;
b. The last registered owner of record disclaims ownership and the current owner's name or
address cannot be determined, or the vessel identification number or other means of
identification have been obliterated or removed in a manner that nullifies or precludes efforts to
locate or identify the owner;
c. Vessel registration records of the United States Coast Guard, the State of Alaska, or the
harbor contain no record of the vessel ever having been registered or documented, and the
owner's name cannot be determined; or
(3) The vessel does not clear the harbor at least three times per year.
Owner. "Owner" means the registered owner of a vessel or a person authorized to act on behalf
of the owner. The following persons are presumed to have authority to act on behalf of the owner
Iwo of a vessel:
(1) The master or operator of the vessel;
(2) A person entrusted with the management of the vessel; and
(3) An officer or agent appointed by (a) the owner, (b) a charterer, or (c) an agreed buyer in
possession of the vessel.
Person. "Person" means any natural person, partnership, corporation, or governmental agency.
A natural person and a corporation may be considered the same if the former has control over the
latter.
Processed fish. "Processed fish" means fish that has been prepared to render it suitable for
human consumption, industrial uses, or long -term storage including, but not limited to, fish that
has been cooked, canned, smoked, salted, dried, frozen, or rendered into meal or oil, but does not
include fish that has only been deheaded, gutted, or iced.
Qualifying interest. "Qualifying interest" in a vessel means the interest of a person who owns
the vessel or, under the provisions of a written charter or lease, has exclusive control over the
operation and navigation of the vessel. A person who transfers title to a vessel or enters into a
charter or lease of the vessel, and thereby relinquishes his exclusive control over the use and
operation of the vessel, ceases to have a qualifying interest in the vessel.
Slip. "Slip" means a vessel's berth between two piers or floats.
Small boat harbor. "Small boat harbor" means all navigable waters and all facilities of a port or
maritime nature either publicly or privately owned that are primarily used by or for the service of
vessels that are within the confines of the breakwaters.
SMIC. "SMIC" means the Seward Marine Industrial Center.
Trailer. "Trailer" means any movable cradle, structure, or device used for moving boats into or
out of the water or used for the storage of boats.
Transfer of cargo. "Transfer of cargo" means all types of loading, unloading, transfer, and
containerization of any kind of cargo including, but not limited to, fish, shellfish, and other fish
products.
Vessel. "Vessel" means every description of watercraft including any ship, boat, skiff, barge, or
craft of any kind and description, pleasure and commercial, other than seaplanes, used or
designed to be used as a means of transportation on or through the water.
(Ord. 95 -11)
Article 2. Administration
7.10.210. Harbormaster.
(a) Appointment. The city manager shall appoint a harbormaster.
(b) Duties. The harbormaster shall, under the supervision of the city manager:
(1) Administer the harbor with the powers provided by this chapter-title;
(2) Enforce this chapter-title, issue and enforce regulations for the operation and use of the
harbor that are not inconsistent with this chapter title, and enforce the terms and conditions of
the harbor tariff;
(3) Promptly report to the appropriate enforcement entity the violation of any law pertaining in
any way to navigable waters or port/harbor facilities including, but not limited to, laws for the
protection of navigation and the preservation of navigable waters;
(4) Promptly report to the appropriate enforcement entity the violation of any law pertaining to
the disposal of hazardous or waste materials and promptly furnish information as necessary to
assure that such improper disposal ceases and any nuisance is abated;
(5) Collect harbor fees and charges and maintain and operate an accounting system to collect
harbor fees and charges that meets with the approval of the finance director and that will satisfy
all controls as may be deemed necessary by the city's annual audit;
(6) Record in a proper register the name, length, draft, beam, type, and identification number,
location of each vessel moored in the harbor, as well as the name and address of each vessel's
registered owners; and
(7) Maintain at the harbormaster's office a map or chart of the harbor showing the position of
each approved mooring; and
(8) Enter into license, moorage, and terminal use agreements on behalf of the city.
(Ord. 95 -11)
7.10.215. Limitation of liability.
(a) The authority granted to the harbormaster pursuant to this title shall not create any
obligation or duty requiring the harbormaster to take action to protect or preserve any vessel or
property located within, or utilizing, the harbor.
(b) The city does not accept control of vessels or other property moored or stored in the harbor.
When the city assigns moorage space to a vessel or assigns storage space to a vessel or other
property the city is not accepting possession or control of the vessel or other property; the
relationship between the parties is simply that of a landlord and tenant. Unless the vessel or other
property is formally impounded by the city, the vessel or other property shall at all times remain
in the exclusive possession and control of the owner of said property and the city is not acting,
and shall not be held liable in any manner, as a warehouseman or a bailee.
(c) City shall not be liable for any loss or damage resulting from use of the harbor or any harbor
facility from any cause whatsoever, except and to the extent solely caused by the city's own
negligence or intentional misconduct. City disclaims any and all other liability, whether for
negligence or other tort, in contract or otherwise, and specifically disclaims any warranty of
whatsoever kind or nature including, but not limited to, any warranty of workmanlike service or
performance. The liability of city for damages caused solely by its own negligence or intentional
misconduct shall be limited to the reasonable cost of repairing the vessel or other property that
was moored or stored in, or making use of, the harbor or harbor facilities. The owner of the
vessel or other property assumes all responsibility for any and all other claims or damages
otherwise resulting including, but not limited to, claims by owner or third - parties for property
damage, personal injury or death, pollution or discharge of a polluting or hazardous substance
(together with cleanup, removal, and remediation of same), as well as any direct, indirect,
special, consequential, or commercial damages, claims for loss of profits or earnings, or other
claims or damages of whatever kind or nature.
(d) Each person including the owner of a vessel or other property moored or stored in, or
making use of, the harbor or harbor facilities releases and agrees to defend, hold harmless, and
indemnify the city and its officers, employees, and agents from and against any and all losses,
claims, demands, actions, damages, liabilities, or expenses of every kind, character, and nature
whatsoever (including, but not limited to, personal injuries, death, environmental contamination,
property damage, or employee liability) arising out of, resulting from, or in any way related to
use of the harbor by the owner or owner's agent, employees, invitees, guests, or passengers,
except where liability for same is caused solely by the city's own negligence or intentional
misconduct. Defense shall include payment of actual attorney's fees and costs. The owner waives
any right of subrogation against the city which might otherwise arise upon payment of a loss by
owner's insurers.
(Ord. 95 -11)
Article 3. Moorage
7.10.310. Registration required.
The owner of a vessel using the harbor is required to register with the harbormaster, by
completing and providing all information requested on a registration form approved by the
harbormaster, within two hours after the vessel first enters the harbor; provided, however, that
vessels arriving after 5 p.m. shall have until 10 a.m. of the following day to register. The owner
is responsible for informing the harbormaster of any changes in the registration information
provided by the owner.
(Ord. 95 -11)
7.10.315. Transient moorage.
(a) Availability. Transient moorage space is available within the harbor at locations designated
or assigned by the harbormaster, which may include temporary use of reserved moorage space. A
written and signed application for moorage on a form approved by the harbormaster shall be
provided to the harbormaster within the time allowed for registration. The applicant shall
3 promptly notify the harbormaster of any changes in the information set forth on the moorage
application. Prepayment of fees for transient moorage is required. Approval of such application
by the harbormaster confers no rights in the land or water constituting the space.
(b) Assignment periods. The daily assignment period is 12:01 g a.m. on the first calendar day
to midnight S a.m. the ncxt calendar day. The daily moorage fee as set forth in the harbor tariff
will be levied on all vessels that are registered on the harbor's daily inventory that do not have a
reserved moorage space assigned, unless longer term moorage is paid in advance. Discounts for
prepayment of transient moorage fees are available as set forth in the harbor tariff for monthly
quarterly, semi - annual, and annual terms. Monthly gQuarterly, semi - annual, and annual term
transient moorage rates will be calculated from the closest of either (1) the first day of the current
month, or (2) the first day of the following month (with daily fees assessed for all days in the
current month). No credits will be allowed for back dating the application for moorage to the
first day of the current month.
(c) No preferential right. A user receives the privilege of occupying designated or assigned
transient moorage on an as available basis, with consideration given to which vessel is most
suitable for a particular location. Users have no preferential right to moor in any particular
location nor the right to return to the same space if another vessel is occupying that space.
(d) Rafting. Rafting of vessels in transient moorage space shall be permitted at locations
designated by the harbormaster. Vessels moored in such locations are subject to yet another
vessel tethering aside and are subject to being crossed by persons seeking access to other rafted
vessels. Each vessel must have at least one line to the float, alternating ends.
(e) Duration. A user's right to transient moorage space, once assigned, continues until the user
removes the vessel from the transient moorage space, or until the user's death, or until the user's
voluntary or involuntary relinquishment of the right to use transient moorage space. The right to
use transient moorage may not be assigned or transferred by the user and does not transfer with
the sale or other disposition of the vessel.
(0 Voluntary relinquishment. A user may voluntarily relinquish transient moorage space at any
time by notifying the harbormaster in writing.
(g) Involuntary relinquishment. The right to use transient moorage space shall be involuntarily
relinquished if:
(1) The user supplies misleading or false information in the moorage application;
(2) The user fails to pay all fees required by this title or the harbor tariff without a prior written
agreement to pay such fees on other terms acceptable to the harbormaster;
(3) The user fails to maintain a qualifying interest in the vessel;
(4) The user fails, upon request of the harbormaster, to provide proof of a qualifying interest in
the vessel;
(5) The user fails to maintain on the vessel the equipment required by this title;
(6) The vessel becomes a derelict or a nuisance; or
(7) The user fails to observe any section of this title.
(Ord. 95 -11)
7.10.320. Reserved moorage.
(a) Availability. Reserved moorage space is available within the harbor at locations designated
or assigned by the harbormaster.
(b) Application. Reserved moorage space shall be assigned on a first -come, first- served basis to
those who have provided to the harbormaster a written and signed application as provided by the
via
harbormaster. The applicant shall promptly notify the harbormaster of any changes in the
information set forth on the application.
Low (c) Assignment of reserved moorage. Reserved moorage space shall be assigned by the
harbormaster to assure the maximum use of space available. The harbormaster will establish
minimum and maximum vessel sizes for each space or class of spaces available.
(d) Wait list. If more applications are received than there are spaces available, the harbormaster
shall establish and maintain a reserved moorage wait list. A non - refundable annual fee shall be
required by October 31 of each year to place and maintain an application on the list. Applications
will be placed on the list in the order in which they are received. Any individual, partnership,
corporation, or government agency may apply for the use of a reserved slip. All applicants,
except government agencies, shall designate a single individual whose name shall appear on
the list and who will be responsible for payment of all fees. The applicant shall promptly notify
the harbormaster of any changes in the information set forth on the application. Wait list priority
may not be transferred except, upon applicant's death, to applicant's spouse or a family
member.
(e) Retention of wait list priority. If an applicant chooses not to accept a reserved moorage
space when offered, or does not respond to a notice of space availability, the applicant forfeits
the applicant's priority on the wait list and the applicant's name will be placed at the bottom of
the wait list. The applicant's name will be retained in the new position for the remainder of time
covered by the applicant's annual fee payment. Continued placement in the new position will be
subject to payment of the required annual fee. If an applicant refuses to accept a reserved
moorage space when offered on two separate occasions, or fails to respond on two separate
occasions, it shall be presumed that the applicant has voluntarily withdrawn his application and
the applicant's name will be removed from the wait list and the applicant's annual fee payment
forfeited.
(f) Fifteenee space limit. As long as there are applicants on the wait list no person currently
holding fifteenthrec or more reserved moorage spaces may be assigned an additional reserved
moorage space notwithstanding the number of vessels held with a qualifying interest by that
applicant.
(g) Notice of space availability. When space becomes available, the harbormaster shall notify
the first applicant on the wait list that has a qualified interest in a vessel of the size for which
space is available. Notice shall be by certified mail, return receipt requested. An applicant shall
have twenty -one ten days from the stamped postmark date of the certified mailing date-the
return receipt is signed to respond. If the notice is returned by the post office or the applicant
fails to respond, the harbormaster will notify the next eligible applicant on the wait list and so on
until the space is assigned. The slip holder shall obtain a qualifying interest in a vessel of an
appropriate size for the slip within twelve months of being offered a slip.
(h) Preference. Approval of an application for reserved moorage space and assignment of
reserved moorage space by the harbormaster confers only the privilege of occupying the
assigned moorage space on a preferential basis and does not convey any rights in the land or
water constituting the space.
(i) Berth to be vacant for five days. Prior to departing the harbor, owners shall report to the
harbormaster if a reserved moorage space is to be unoccupied for more than five days. The
harbormaster shall have full discretionary authority to allow other vessels to occupy an empty
reserved moorage space any time the assigned vessel is absent for more than five days without
( compensation to the holder.
`m
(j) Duration. A holder's rights to reserved moorage space, once assigned, continues until the
holder ceases having a qualifying interest in a the vessel suitable for the assigned space, until
the holder's death, or until the holder's voluntarily or involuntarily relinquishment of the space. A
holder's right does not transfer with the sale or other disposition of the vessel.
(1) Loss of qualifying interest. A holder must promptly notify the harbormaster within fifteen
days if the holder ceases to have a qualifying interest in the vessel assigned to reserved moorage
space. The holder may retain the reserved moorage space if the holder obtains a qualifying
interest in another vessel of the appropriate size within twelve three months and registers the new
vessel with the harbormaster as required by this title. The harbormaster may, for cause, grant an
Failure to obtain a qualified interest in a replacement vessel of appropriate size for the assigned
slip will result in forfeiture of assignment to reserved moorage and will cause the replacement
vessel to be classed as transient.
(2) Death. In the case of the death of the holder the space may be transferred only to the
holder's family member spouse or child. To be an effective transfer the family member spouse or
elm must have a qualifying interest in the vessel assigned to the reserved moorage space and
must make a request for transfer, in writing, to the harbormaster with appropriate documentation
no later than the date the next annual moorage fee is due.
(3) Voluntary relinquishment. A holder may relinquish reserved moorage at any time by
notifying the harbormaster in writing.
(4) Involuntary relinquishment. A holder's right to an assigned space shall be involuntarily
relinquished and the right to use the assigned space terminated if:
a. The holder supplies misleading or false information in the moorage application;
b. The holder fails to pay all fees as provided by this title or the harbor tariff without a prior
written agreement to pay such fees on other terms acceptable to the harbormaster;
c. The holder fails to maintain a qualifying interest in the assigned vessel or substitute qualified
vessel within the period allowed;
year;
ed. The holder fails, upon request of the harbormaster, to provide proof of a qualifying interest
in the vessel assigned to the space;
€e. The holder fails to maintain on the vessel the equipment required by this title;
gf: The vessel to which the space is assigned becomes a derelict or a nuisance; or
hg. The holder fails to observe any section of this title.
(Ord. 95 -11)
7.10.325. Moorage conditions and restrictions applicable to transient and reserved moorage.
(a) Qualifying interest required. Moorage space may only be assigned to an applicant with a
qualified interest in the vessel to which space is to be assigned.
(b) No unpaid charges. Moorage space may only be assigned to an applicant who has no
delinquent harbor fees or charges.
(c) One space. No vessel may be assigned to more than one moorage space. The reserved slip
is personal to the individual named as owner or operator on the moorage agreement. The slip
is reserved only with respect to the vessel indicated on the moorage agreement. The slip holder
must notify the Harbormaster within 24 hours of any change in vessels or will be charged
transient moorage on any other vessel in the slip. An administrative fee to cover the cost of
changing the vessel in the reserved slip may be assessed.
him (d) Use by assigned vessel only. A vessel assigned a moorage space may only use that space
unless prior arrangements have been made with the Harbormaster. Vessels that moor or
anchor outside their regular moorage space, and vessels which have no regular assignments
which moor or anchor without making application to and securing the permission to use such
space as required by this title, do so at their own risk and shall be held responsible for all loss or
damage of any kind resulting from such use.
(Ord. 95 -11)
7.10.330. Refusal of moorage or harbor facilities.
The harbormaster may refuse moorage or use of any harbor facility to any vessel or applicant
which or who the harbormaster has probable cause to believe has not complied, or is not in
compliance, with this chapter title or the harbor tariff or whenever such moorage or use of the
harbor facilities would not be in the best interests of the city. A determination that such
moorage or use would not be in the best interests of the city must be accompanied by findings
of fact based on substantial evidence and may be appealed pursuant to section 7.10.900. The
refusal notice shall be in writing where practical and shall include the notice of the right to
appeal.
(Ord. 95 -11)
7.10.335. Required equipment.
(a) All vessels moored in the harbor shall carry the equipment required by any applicable law or
regulation, and shall be numbered or designated in accordance with any applicable law or
him regulation.
(b) All vessels moored or anchored in the harbor shall be fitted with moorings or anchors
satisfactory to the harbormaster, and shall be maintained at all times in such condition that, in the
opinion of the harbormaster, will not endanger any person or vessel in the harbor or any harbor
facility.
(Ord. 95 -11)
7.10.340. Utilities.
Electric and water utility service may be provided to vessels moored in the harbor in such
locations and according to such specifications as the harbormaster may specify by regulation.
The charge for electrical service furnished within the small boat harbor shall be established by
resolution of the city council. - - - .. . _ - - • . -
thc electrical system. A meter deposit shall be collected from any person who connects to the
electrical power system.
(Ord. 95 -11)
7.10.345. Insurance.
All owners shall provide the city proof of liability insurance covering the vessel and owner's
employees, invitees, guests, or passengers. The amount of liability insurance required shall be
specified on the moorage agreement covering that vessel. If the vessel carries passengers for hire,
owners shall have the city named as an additional insured with waiver of subrogation on any
policy of liability insurance.
(Ord. 95-11)
7.10.350. Authority of harbormaster to board and move vessel. tea
(a) Emergency. The harbormaster may, in the event of emergency, board, re- secure, de- water,
or move any vessel within the harbor, or take any other reasonable action to resolve the
emergency with respect to such vessels to prevent loss of life or property.
(b) Noncompliance with this title.
(1) Subject to subsection (2) of this section, when the harbormaster has reasonable cause to
believe that a violation of this title exists, or when necessary to perform a duty under this title,
the harbormaster may, at any reasonable time and upon presentation of proper identification,
board and enter a vessel within the harbor. If a vessel is improperly anchored or moored the
harbormaster may order the vessel's position changed. If the harbormaster's order is not complied
with, or the vessel is unattended, the harbormaster may move the vessel and charges shall be
assessed in the same manner as for ordinary services. If a vessel is in violation of any section of
this title the harbormaster may declare the user or holder of the moorage space to have
involuntarily relinquished the space.
(2) Where the constitution of the United States or of the State of Alaska so requires, the
harbormaster shall obtain an administrative search warrant authorizing an inspection and exhibit
the warrant to the person in charge of the vessel before conducting the inspection.
(c) Vessel in transient moorage space. The harbormaster shall have authority to move a vessel
in transient moorage space to another location to better maximize the use of available space.
(d) Notice to move. Any vessel, upon notice to move, which refuses or fails to move may be
shifted by tug or otherwise by the city, and charges shall be assessed in the same manner as for
ordinary services.
(Ord. 95 -11)
7.10.355. Seaplanes.
(a) Regular use of the harbor by seaplanes is available only on a transient basis and by prior
agreement with the Harbormaster. Seaplanes shall not land or take off within the harbor,
however nothing in this chapter shall be construed to prohibit emergency use of the harbor by
seaplanes. - - - - 1, ... - . . •
October l through May 31 seaplanes may be granted slip privileges in the harbor only when
(b) When a seaplane is provided a slip within the confine of the harbor, it shall be under the
jurisdiction of the harbormaster and shall abide by this title and all regulations applicable to
vessels.
(c) The fees for providing slips for seaplanes shall be set by resolution of the city council and
may be found in the harbor tariff.
(Ord. 95 -11)
7.10.360. Determination of involuntary relinquishment.
(a) Right to notice. The city shall give at least 20 days written notice of its intent to declare the
involuntary relinquishment of mooring space.
(b) Content of notice. A notice of involuntary relinquishment shall be prepared by the
harbormaster and shall contain:
(1) The name and address of the user or holder of the moorage space last appearing in the
records of the harbormaster;
(2) A statement that the city intends to declare the moorage space involuntarily relinquished if
°' corrective action is not taken within 20 days from the date the notice is mailed /posted;
(3) The reason for the anticipated action;
(4) The owner's right to a hearing and the manner in which a hearing can be requested; and
(5) The name, address, and telephone number of a person at the city to contact in case of
questions.
(c) Distribution of notice. The notice of involuntary relinquishment shall be:
(1) Mailed by certified mail, return receipt requested, to the user or holder of the moorage space
at the user's or holder's last known address. The notice is effective when mailed. If the
harbormaster cannot determine the address of the holder of the moorage space, notice shall also
be published at least once in a newspaper of general circulation in the city.
(2) Posted at or near the moorage space in question, in the harbormaster's office, at city hall,
and in a United States Post Office in the city.
(d) Demand for hearing. The user or holder of moorage space which the city intends to declare
involuntarily relinquished may obtain an administrative hearing to determine whether there is
probable cause for involuntary relinquishment by filing a written demand with the city clerk
within 20 days from the date of the notice. Hearings will be conducted in accordance with
section 7.10.900.
- • • . _ • • • • • - - - • _ . be conducted within 48 hours of receipt of a timely
speedy hearing. Saturdays, Sundays, and city holidays arc to be excluded from the calculation of - 1 1 1 • • . • - • • - - • . - .. - - • . . . . . • - - - • . - 11 • .. . . - . .
- -- d a waiver of thc rig
(f) Decision. Within five working days after thc conclusion of the hearing, the h wring officer
shall prepare a written decision. The hearing officer shall only determine whether probable cause
to declare the moorage space involuntarily relinquished exists. A copy of the decision shall be
• • - • - - - • - - • - - - - • • _ :ace. The decision of the hearing officer is final.
(g) (e) Action after decision. In the event the hearing officer determines there is probable cause
to declare that the right to the moorage space has been involuntarily relinquished, the
harbormaster may eject, remove, or require the removal of the vessel from the moorage space
and assess charges for said removal in the same manner as ordinary services, and reassign the
moorage space without compensation to the prior moorage holder. Moorage fees cease accruing
on the date the vessel actually ceases to occupy a moorage space in the harbor.
(Ord. 95 -11)
Article 4. Wharfage, Storage and Other Activity
7.10.410. Wharfage. tossi
(a) Application. No cargo may be transferred within the harbor without prior written
application to and approval by the harbormaster, on such form as the harbormaster shall specify.
Transfers of cargo that occur on a regular basis may be approved in advance.
(b) Wharfage assignment.
(1) All vessels are prohibited from mooring at any wharf at which they have no regular
assignment or for which they have failed first to make a mooring application with the
harbormaster. Vessels that moor outside their regular assignments, and vessels that have no
regular assignments and which moor without making application to and securing the permission
from the harbormaster, shall do so at their own risk and shall be held responsible for all loss or
damage of whatsoever nature resulting from such use.
(2) Assignment to the wharf at locations where transfer of cargo is approved shall be made by
the harbormaster upon application. Charges for preferential assignment shall commence on the
date specified in the assignment. Preferential assignments may be revoked by (a) the
harbormaster upon 30 days prior written notice to the assignee, or (b) the assignee upon 30 days
prior written notice to the harbormaster.
(3) Subject to the rates, charges, rules, and regulations of this chapter, the harbor tariff, and any
restrictions, conditions, limitations and modifications set forth in the assignment itself, wharf
area assignments shall include only the license or right:
a. To moor vessels owned, operated, or represented by the assignee at the area assigned;
b. To assemble, distribute, load, and unload merchandise and the cargoes of vessels over,
through, or upon the assigned wharf area; and
c. To perform such other related activities as may be necessary.
(4) When the assigned wharf area, or any part thereof, is not required for the use of the assignee
or is unoccupied, the harbormaster may, at his discretion, assign such facility, or any part thereof,
for temporary use by another person.
(c) Locations for cargo transfer. Transfer of cargo may occur at the following locations:
(1) City dock within the small boat harbor;
(2) North Dock of SMIC;
(3) East dock of Inlet Salmon Dock at the SMIC;
(4) Syncrolift Dock at the SMIC.
(d) Prepayment. The harbormaster may require prepayment of the estimated fees due under
this title or the harbor tariff prior to any cargo transfer.
(e) Duration. A vessel may moor for transfer of cargo for up to two hours without paying for
transient moorage but must notify the harbormaster at least two hours in advance of actually
mooring. Failure to notify the harbormaster could result in assessment of a day's transient
moorage charge.
(f) Refusal of cargo. The harbormaster may refuse to permit the transfer of any cargo whose
volume, weight, hazardous nature, or other characteristics would present a risk to the safety of
persons or property, private or public, within the harbor or whose value is less than the fees due
under this title.
(g) Information and manifests.
(1) Information. To enable the harbormaster to keep an accurate record of the number, size,
and kind of vessels using the harbor, the amount, kind, and value of waterborne freight handlers,
and the number of passengers carried, the masters and pursers of all vessel using the harbor are
required to furnish the harbormaster with such information if so requested and to permit the
harbormaster to examine their papers;
(2) Manifest. A complete copy of the manifest showing all the cargo unloaded or discharged at
the harbor will be furnished to the harbormaster. Inbound manifests will be furnished prior to or
concurrent with the vessel's arrival. Outbound manifests will be furnished prior to or concurrent
with the vessel's departure. In lieu of manifests, freight bills containing all information as
required in this section may be accepted. Required permits and licenses are described in
7.10.800.
(h) Persons responsible for fees. Vessels, their owners, and shippers or consignees of cargo
transferred within the harbor shall be jointly and severally liable for all fees due for activities
described in this chapter notwithstanding any contrary provisions contained in any bills of
lading, charter party agreements, contracts, or other agreements.
(i) Cargo on which fees have become delinquent. Cargo on which fees have become delinquent
may, after ten days written notice to the shipper, carrier, or consignee of such cargo, be sold at
public or private auction without advertising.
(j) Retention of cargo. Any cargo upon which fees provided by this chapter have become
delinquent may be confined to the harbor by the harbormaster until the fees have been paid.
(k) Liability and indemnity. All risk of loss from theft, fire, or other casualty to cargo shall be
assumed by the parties to the shipping agreement and not the city. The person making
application for the berth shall defend, indemnify, and hold the city harmless from all claims
arising from the cargo transfer within the harbor.
(Ord. 95 -11)
tray 7.1 0.415. Storage.
(a) Generally. Storage space for vessels, cargo, and gear is available. The terms, conditions,
and fees for the use of storage space for vessels, cargo, and gear is governed by the harbor tariff.
(b) Upland storage.
(1) Upland storage on any harbor property owned by the city shall be limited to the storage of
vessels, vessels on trailers, or trailers.
(2) Major construction work on vessels while in storage is prohibited. Disagreements as to what
constitutes major construction shall be resolved by the harbormaster.
(Ord. 95 -11)
7.10.420. Fish processing.
Fish or shellfish may be cleaned or processed within the harbor only in areas and with equipment
approved by the harbormaster.
(Ord. 95 -11)
7.10.425. Grid and b Boat lifts.
The city has available a grid and boat lifts. The terms, conditions, and fees for use of the grid and
boat lifts are governed by the terms of the harbor tariff.
(Ord. 95 -11)
Article 5. Prohibited Practices
tr
7.10.510. Speeding.
No person shall operate or cause to be operated a vessel within the small boat harbor in a manner
which causes an excessive wake, wash, or wave action which will damage, endanger, or cause
undue distress to any other vessel or occupant thereof.
(Ord. 95 -11)
7.10.511. Operating under the influence.*
*See § 11.50.010D as to liability for costs associated with city response to emergency caused by
a person operating a vessel under the influence of alcohol or drugs.
No person may operate a vessel within the harbor while under the influence of alcohol or other
drugs to the extent that it would be unlawful to operate a motor vehicle under state law in such
condition.
(Ord. 95.11)
7.10.512. Reckless operation.
No person shall operate a vessel in any manner which unreasonably interferes with the free and
proper use of the harbor or unreasonably endangers the users of the waters of the harbor.
(Ord. 95 -11)
7.10.513. Hazard to navigation.
No person shall create or fail to remove after request from the harbormaster, a hazard to
navigation within the waters of the harbor.
(Ord. 95 -11)
7.10.514. Failure to register.
No person shall fail to register a vessel operated by that person with the harbormaster as required
by this title.
(Ord. 95 -11)
7.10.515. Improper mooring and anchoring.
(a) Except as provided in subsection (c) of this section, no person may moor, anchor, or beach a
vessel in the harbor except in a location designated by the harbormaster for that purpose, after
receiving prior permission from the harbormaster, and after complying with all applicable
provisions of this title.
(b) Except as provided in subsection (c) of this section, no person may moor, anchor, or beach a
vessel for fishing or other purpose within the harbor or any other body of water over which the
city has jurisdiction in such a position as to obstruct a passageway ordinarily used by other
vessels.
(c) A person may moor, anchor, or beach a vessel in the harbor as required in an emergency,
but only for so long as required by the emergency. A person who moors, anchors, or beaches a
vessel in the harbor as permitted by this subsection shall promptly notify the harbormaster and
comply with the instructions of the harbormaster for the securing and placement of the vessel. .rr
Improperly stored, beached, or disposed vessels may be removed by the city and the costs of
such removal may be recovered by the city from the person violating this section.
(Ord. 95 -11)
him
7.10.516. Inadequate equipment.
No person shall operate or moor a vessel within the harbor that does not have the equipment
required by this title.
(Ord. 95 -11)
7.10.517. Improper use of facilities.
No person may use the harbor for purposes or in a manner not authorized by this title.
(Ord. 95 -11)
7.10.518. Improper disposal.
No person shall dispose of trash, garbage, timber, refuse, human or animal waste, flammable
liquid, alcohol, bilge water, dead animals, fuel, oil, fuel or oil derivatives, wastes, or by- products,
or other petroleum products, or any similar substance into the water of the harbor or on the
harbor grounds (including, but not limited to, parking areas) except in receptacles or locations
designated by the harbormaster. Improperly disposed materials may be removed by the city, with
or without notice, and the costs of such removal may be recovered by the city from the person
violating this section.
(Ord. 95 -11)
7.10.519. Improper care and control of animals.
No person shall have or bring a dog or other animal within the harbor unless the dog or animal is
on a leash or confined to a vessel. The person bringing the dog or other animal to the harbor is
responsible for properly disposing of the animal's defecation.
(Ord. 95-11)
7.10.520. Water sports.
No person shall engage in swimming, diving, water skiing, or other sports where the body of the
person comes into contact with the water within the harbor except after notice to and with
permission of the harbormaster. Diving for the purpose of vessel repair and inspection or for law
enforcement purposes is not prohibited by this section.
(Ord. 95 -11)
7.10.521. Failure to make accident report.
No person shall fail to make an accident report as required by this title.
(Ord. 95 -11)
7.10.522. Dinghies, rowboats and skiffs.
No dinghies, rowboats, skiffs, or other auxiliary vessels may be {3 stored on a dock except in at
a location designed for that purpose by the harbormaster. Dinghies, rowboats and skiffs or
other auxiliary vessels measuring over 12 feet in length will be charged moorage if not stored
aboard another vessel. Vessels occupying a slip may not leave a dinghy, rowboat, skiff or other
auxiliary vessel in an unoccupied slip for more than 12 hours. Dinghies, rowboats and skiffs
low
or other auxiliary vessels may not be tied along side of vessels in transient areas., (b) tied along
(Ord. 95 -11)
7.10.523. Noise.
(a) No person shall make or cause to be made any unnecessary noise in the harbor.
(b) No person shall, in an unreasonably loud manner, play any musical instrument or operate
any radio, stereo, T.V. or other similar equipment in the harbor between 11:00 p.m. and 7:00
a.m. The harbormaster has sole discretion in determining whether an instrument or equipment
has been played in an unreasonably loud manner.
(c) If any group or organization wishes to hold any function that may continue after 11:00 p.m.,
request for approval must be made, in writing, to the harbormaster who may extend the time.
(Ord. 95 -11)
7.10.524. Derelict, nuisance, unseaworthy, wrecked and sunken vessels.
(a) No person may bring into or keep within the harbor a vessel that is derelict or a nuisance, or
in the opinion of the harbormaster, is so unseaworthy or in such a deteriorated condition that it
may sink, become a hazard to navigation, or damage docks, floats, or other vessels, except as
required in an emergency, but only for so long as required by the emergency.
(b) In the event a vessel is wrecked or sunk within the harbor, it shall be the owner's
responsibility to immediately notify the harbormaster, mark the vessel's position and provide for
the raising and disposition of such vessel as soon as reasonably possible, and the owner shall
assume all liability for damage to persons or property located in the harbor which is caused by
the vessel.
(Ord. 95 -11)
7.10.525. Unauthorized utility connections; interference with harbor property.
(a) No person may tap, connect, disconnect, or interfere with any water, telephone, or electric
utility equipment maintained or operated by the city in the harbor without first having obtained
the permission of the harbormaster.
(b) No person shall damage, interfere, or tamper with any dock or other facility operated by the
city in the harbor.
(c) No person may damage, interfere, or tamper with any dock, buoy, life preserver, sign,
notice, navigational marking, or other similar property operated by the city or any other
governmental agency in the harbor.
(Ord. 95 -11)
7.10.526. Unauthorized boarding of vessels.
No person may board a vessel in the harbor without the consent of the owner provided, however,
that any person placing a vessel in transient moorage where the vessel is or may be rafted to
other vessels implicitly consents that people may cross the vessel if necessary to access other
rafted vessels.
(Ord. 95 -11)
7.10.527. Improper use of fire - fighting equipment. ,,.,r
No person shall use fire hoses or other fire - fighting equipment except for fighting fires.
(Ord. 95 -11)
INN 7.10.528. Welding equipment, torches, open flame.
No person shall use welding equipment, grinders a burning torch, or any other open flame
apparatus on any dock or on any vessel moored in the harbor without obtaining a hot work
permit issued by the - - . • . • - . - -- - - harbormaster. The person using such
equipment shall exercise such care as is necessary to provide for the safety of other vessels and
harbor facilities, have readily available an approved fire extinguisher of sufficient size, have
readily available as a standby a water hose attached to an outlet where available, and maintain a
fire watch.
(Ord. 95 -11)
7.10.529. Loading or unloading explosives.
No person may possess, transport, load, unload, or store explosives within the small boat harbor.
Loading and unloading explosives at harbor locations outside the small boat harbor, requires a
permit from the fire chief and approval of the harbormaster.
(Ord. 95 -11)
7.10.530. Solicitation, advertising and signs.
- - " - ' - • ' - • - - • - - • • - - • • . - _ No signs or other printed
matter shall be placed on any part of the harbor without the prior approval of the harbormaster.
(Ord. 95 -11)
7.10.531. Fenders on fingers.
No person may install fender material on fingers unless the fender material is approved by the
harbormaster.
(Ord. 95 -11)
7.10.532. Use of docks and fingers.*
*The main and marginal float systems within the harbor are by state statute extensions of public
streets and side walks and are subject to state statutes and city ordinances governing their use.
No person may store on a dock any raft, net, tackle, cargo, equipment, tools, materials, mooring
lines, hoses, electrical cables, other service lines, or other obstruction except in a location
designated for that purpose by the harbormaster. Tools and other equipment may be temporarily
placed on the dock for rigging and maintenance work so long as the tools or equipment do not
obstruct the docks or access to the dock and the space is maintained in a neat, clean, and orderly
fashion.
(Ord. 95 -11)
7.10.533. Children.
Children under ten years of age are prohibited on the docks except when in the immediate
presence of the child's parent or guardian or other responsible adult.
(Ord. 95 -11)
7.10.534. Bicycles, motorcycles, rollerblades, skateboards.
The use of unauthorized wheeled or motorized objects such as bicycles, motorcycles,
rollerblades, skateboards, and four wheelers on the docks within the harbor is prohibited.
(Ord. 95 -11)
7.10.535. Parking of vehicles and unattended trailers generally.
The parking of vehicles and unattended trailers outside designated parking areas in the harbor
area is prohibited.
(Ord. 95 -11)
7.10.536. Unauthorized collection of fees and use of waterfront.
No person shall collect any toll, wharfage or dockage without being authorized to do so by the
harbormaster. No person shall place property upon or remove property from any portion of the
waterfront or docks without being authorized by the harbormaster.
(Ord. 95 -11)
7.10.537. Movement of vessels.
Cruising between rows of slips is prohibited; movement of vessels within the harbor and between
rows of slips shall be for the purposes of mooring, anchoring, er entering or leaving a slip, or
training and education.
(Ord. 95 -11)
7.10.538. License.
No person shall operate a vessel unless that person is properly licensed as required by applicable
state and federal laws and regulations.
(Ord. 95 -11)
7.10.539. Outboard motors.
No person shall operate any motor within the harbor without having such motor equipped with a
muffler.
(Ord. 95 -11)
7.10.540. Searchlights, crab lights.
No person shall use searchlights indiscriminately or in such manner as to annoy or disturb other
persons or vessels. No person shall leave on a crab light used to balance the load on a vessel's
generator while the vessel is moored in the harbor.
(Ord. 95 -11)
7.10.541. Residential use.
• ... .. • - - .. ... . . - . - - ' . .. .. - .No
vessel within the harbor may be used for permanent living quarters while moored unless a permit
is first obtained from the harbormaster and a fcc as set by city resolution is paid.
(Ord. 95 -11)
7.10.542. Failure to observe city health and conduct rules.
No person in the harbor shall violate any provision of this code dealing with health, sanitation,
the conduct of persons, or prohibiting acts contrary to public health, morals, safety, or public
peace.
(Ord. 95 -11)
7.10.543. Vessels extending over the main walkway or float bead -beak.
No part of any vessel, including without limitation any davit, boom, boomkin, or bowsprit, may
extend over the main walkway of a float, . - - . - . . .. - - . - - - : ,
finger.
(Ord. 95 -11)
7.10.544. Obstruction of walkway, float, gangway prohibited.
No person shall place or permit to remain any mooring lines, hose, electrical cable or other
service lines across any walkway. A person in charge of a walkway, float, or gangway shall
maintain the same in good condition so as to prevent injury to persons and shall keep such
walkway, float, or gangway clear of any obstruction.
(Ord. 95 -11)
7.10.545. Repairs and maintenance of vessels.
No person may spray paint a vessel while moored or anchored in the harbor. No person may
repair or maintain a vessel at its berth unless all the work is performed aboard the vessel. All -and
all the materials used in repairing or maintaining the vessel are must be collected for disposal or
kept on board the vessel. Repair and maintenance work that cannot be done within the confines
of the vessel shall be accomplished only in an area or manner approved designated for that
purpose by the harbormaster.
(Ord. 95 -11)
7.10.546. Removal of vessel without payment of charges.
No person shall remove from the harbor any vessel upon which charges of any kind are
delinquent, without paying such delinquent charge.
(Ord. 95 -11)
7.10.547. Cargo on the beach.
No person may load, unload, or store cargo on the beach within the harbor except in a location
designated for that purpose by the harbormaster unless a permit has first been obtained from the
harbormaster and a fee as set by the harbor tariff has been paid. Any permitted loading,
unloading, or storage of cargo shall be for a period not exceeding 72 hours. There shall be no
barge or vessel landing from the beach within the small boat harbor.
(Ord. 95 -11)
Article 6. Fees and Penalties
7.10.610. Fees.
(a) Harbor facilities. After public hearing, the city council shall set by resolution, the rates for
use of all harbor facilities, and such rates may be found in the harbor tariff. Notice of the public
hearing shall be published in a newspaper of general circulation and shall be posted in at least ,,.
three public places within the city at least ten days prior to the hearing.
(b) Ordinary services. Ordinary services performed by harbor personnel may be rendered by
agreement with the harbormaster. The city council shall set by resolution the rates for services
provided by the harbor personnel and such rates may be found in the harbor tariff. If no rate for a
particular service has been set by the city council, the charge shall be set by the harbormaster and
shall compensate the city for reasonable labor, time, and materials expended, plus overhead
expenses. The harbormaster may require a deposit or payment in advance of furnishing any
ordinary services, and all charges shall be payable at the time services are rendered, unless other
arrangements have been made in advance with the Harbormaster.
(c) Emergency services. Charges for emergency services shall be assessed in the same manner
as for non - emergency services. All charges for services shall be payable at the time services are
rendered.
(Ord. 95 -11; Ord. No. 2005 -05, § 1, 9 -26 -2005)
7.10.615. Fee collection.
(a) Invoicing. Invoices for fees shall be due upon receipt. Invoices may be delivered personally
or mailed on a monthly or other basis to the last address provided to the harbormaster. It is the
harbor user's obligation to notify the harbormaster in writing of any changes in address.
(b) Payment. Mooring fees shall be due and payable in advance. Payment shall be made at the
harbor or at city hall.
(c) Refunds. Refunds are not automatically available to vessels departing the harbor; only
vessels that no longer require transient or reserved moorage may receive a refund. If a vessel ""'
owner desires a refund of prepaid moorage, the vessel owner must make a request, in writing er
in person, to the harbormaster. All refunds will be calculated from the date of notice as follows:
(1) Daily moorage fees. Refunds for prepaid daily moorage will be limited to the unused
moorage days.
(2) Quarterly moorage fees. Refunds for prepaid quarterly moorage will be limited to the
original payment made minus the applied combination of monthly and daily rates from the start
of the quarter through the date of notice l moorage days used.
(3) Semi- annual moorage fees. If a request for a refund is made within the first 90 days of the
term, a refund for prepaid semi - annual moorage will be limited to the original payment made
minus the lesser combination of the quarterly, monthly, and of the applied daily rates from the
start of the semi - annual period through the date of notice for actual moorage days used or the
quarterly moorage rate. After the first 90 days of the semi annual term, the vessel owner will not
be eligible for a refund.
(4) Annual moorage fees. If a request for a refund is made within the first 90 days of the term,
the refund for prepaid annual moorage will be limited to the original payment made minus the
combination of semi - annual, quarterly, monthly and lesser of the applied daily rates for actual
from the start of the annual period through the date of notice or the
quarterly moorage rate. . .. . - . • - .. . - - • - • • • • - - : ! -
applied daily rate for ac .. - .. _ .. . .. • - - -- • . • • - • • - • ' - - -
two
(d) Transfer from transient moorage to reserved moorage. Transient vessels that have
prepaid moorage and then, due to the waitlist process, are offered a slip will be required to pay
moorage through December 31 and any additional footage upon acceptance of that slip. The
combination of semi - annual, quarterly and monthly rates will be used to allow the new holder
the best rate available to pay the moorage through December 31, after that they must comply
with all code and tariff sections pertaining to reserved moorage.
(ed) Delinquent fees. Fees remaining unpaid after 30 days will be considered delinquent and
subject to late fees as allowed by law and as set forth in the harbor tariff. All delinquent moorage
for vessels will accrue charges based on the daily fee as set by resolution of the city council.
(fe) Interest on delinquent fees and fines. Delinquent fees and fines under this chapter title
shall accrue interest according to the harbor tariff at the rate of one and one half percent (1.5 %) •
- "' ' - ", ' - - -" • ' • - • - • • - • • , • - • - , from the date they were
due until paid in full.
(gf) Collection action. The city manager is authorized to commence suit or exercise any other
legal remedy to collect any delinquent fee or charge. In the event such suit is commenced, the
person obligated to pay the fee shall, in addition to any other liability imposed by this chapter
title, be liable for the city's actual, reasonable attorney's fees and court costs associated with the
collection.
(hg) Lien for unpaid fees. In addition to all other remedies available by law, the city shall have
a lien for any fees and interest provided by this chapter title and costs of collection, including
attorney's fees, upon any vessel (including all equipment, tackle, and gear) and property giving
rise to such fees. The lien may be enforced by any procedure otherwise provided by law and by
the procedure set forth in this chapter title.
(Ord. 95 -11)
7.10.620. Penalties.
Penalties for violation of this title may be set by resolution of the city council.
(Ord. 95.11)
Article 7. Impoundment and Disposition of Vessels and Abandoned Property
7.10.710. Lost and abandoned property.
Personal property found in the harbor, whether on land, adrift, or sunken, which is not in the
lawful possession or control of some person shall be immediately delivered to the harbormaster,
in whose custody the property shall remain until claimed by the proper owner or disposed of as
abandoned property.
(Ord. 95 -11)
7.10.715. Property which maybe impounded.
The harbormaster is authorized to impound abandoned property at any time, and is authorized to
impound a vessel under any of the following circumstances:
(1) The vessel is within the harbor and is derelict or a nuisance as defined in this title;
(2) The fees for which the city has a lien on the vessel are delinquent for a period of three
months, or it appears to the harbormaster that the removal of the vessel from the harbor without
payment of the delinquent amount is imminent;
(3) The vessel is located in the harbor and is in violation of any section of this title or any
regulation of the harbor or any provision of the harbor tariff; or
(4) The owner is not aboard the vessel and the vessel is not properly identified by a name and /or ,,,.,
number.
(Ord. 95 -11)
7.10.720. Notice to owner.
(a) Right to notice before impoundment. Except as provided in subsection (b) of this section,
the city shall give at least 20 days written notice of its intent to impound abandoned property or a
vessel.
(b) No right to notice before impoundment. The city need not give written notice before
impoundment, but shall give written notice of impoundment within 24 hours after an
impoundment where the harbormaster determines that:
(1) The abandoned property's or vessel's presence in the harbor presents an immediate danger to
public health or safety; or
(2) The removal of the abandoned property or vessel to be impounded from the harbor without
payment of delinquent fees or other charges is imminent.
(c) Contents. An impound notice shall be prepared by the harbormaster and shall contain:
(1) The name and /or official number or state registration number of the vessel, where
applicable;
(2) The location of the abandoned property or vessel;
(3) The name and address, if known, of the owner;
(4) A statement that the city intends to impound, or has impounded, the abandoned property or
vessel;
(5) The reason for the anticipated or actual impoundment;
(6) The intended disposition of the abandoned property or vessel if no action is taken within 20
days from the date of the notice;
(7) The owner's right to a hearing and the manner in which to request such a hearing;
(8) The name, address, and telephone number of a person at the city to contact;
(9) The procedure for obtaining release of the abandoned property or vessel from impoundment
or threat of impoundment;
(10) A statement that the abandoned property or vessel is subject to storage charges once
impounded; and
(11) If impoundment has already occurred, a statement of the owner's right to obtain immediate
release of the impounded property or vessel by posting a bond pending a hearing to determine
whether probable cause of impoundment existed, said bond not to exceed the total of all
delinquent charges and fees owed the city, including the cost for impoundment and storage.
(d) Distribution. The impound notice shall be:
(1) Mailed by certified mail, return receipt requested, to the last known owner of the abandoned
property or vessel at the owner's last known address, to any person who is known by the
harbormaster to have a qualified interest in the abandoned property or vessel, to all known
lienholders, and to any other person designated in the moorage agreement to receive notices
regarding a vessel; provided, however, that notice need not be sent to any person whose interest
in a vessel is not recorded with a state department or a federal agency and whose name and
address does not appear on the moorage agreement for that vessel. If the harbormaster cannot
determine the address of the owner of abandoned property or a vessel, notice shall be published tawil
at least once in a newspaper of general circulation in the city and, in the case of a vessel, shall be
mailed to the U.S. Coast Guard documentation officer of the port of documentation, if such port
can be reasonably ascertained.
him (2) Posted on the abandoned property or vessel, in the harbormaster's office, at city hall, and in
a United States Post Office in the city.
(Ord. 95 -11)
7.10.725. Hearing.
the impound noticc.
(b) 1-1 wring procedure. The h ring shall be conducted within 48 hours of receipt of a timely • - - , : . . . . - - - . . - . . . - . . . . - - - . . . .
.. - -- ... .. - - • . "' .... - .. - :"
• "• - - • - - - _ the - wing has the l ien of establishing by a
(Ord. 95 -11)
7.10.730. Dccisionlmpoundment.
The harbormaster may impound the abandoned property or vessel by immobilizing it,
removing it, or having it removed, and placing it in public or commercial storage with all
expenses of haul out and storage and an impound fee to be borne by the owner of such
abandoned property or vessel. The holder of a qualifying interest in such abandoned property
or vessel may appeal an impoundment decision pursuant to section 7.10.900. In the event the
hearing officer determines there is probable cause to impound the abandoned property or
vessel and a bond has been posted by the owner, the bond shall be forfeited to the city and no
further action to impound the abandoned property or the vessel shall be taken. In the event
the hearing officer determines there is probable cause to impound the abandoned property or
vessel and impoundment has not already occurred, the harbormaster may proceed immediately
with impoundment of the abandoned property or vessel. Within three working days after the
shall only determine whether probable cause to impound exists. A copy of the decision shall be
if the owner is not the person requesting thc hearing. The hearing officer's decision shall in no
way affect any criminal proceedings in connection with the impoundment in question, and any
criminal charges involved in such proceedings may only be challenged in the appropriate court.
(Ord. 95 -11)
7.10.735. Impoundment.
impound fee to be borne by the owner of such as . .. .. .. - • . - . • - - - - -
action to impound the abandoned property or thc vessel shall be taken.
(Ord. 95 11)
7.10.740. Release from impound. ""
(a) Upon a hearing officer's decision reversing an impoundment, the abandoned property or
vessel shall be released from impoundment without cost to the owner and any bond posted by the
owner released to the owner.
(b) In the absence of a hearing officer's decision reversing an impoundment, the owner, the
representative of an owner, or any person in lawful possession of the abandoned property or
vessel may apply to the harbormaster to release the abandoned property or vessel from
impoundment at any time before its disposition under this chapter. An application for release
from impoundment shall include the following:
(1) Proof satisfactory to the harbormaster that the applicant is the owner of the abandoned
property or vessel, or, if the applicant is not the owner, proof satisfactory to the harbormaster of
the applicant's authority to represent the owner;
(2) Either (a) payment of all delinquent moorage or other charges for the abandoned property or
vessel, including interest and penalties, if any, all costs of towing, appraising, impounding, and
storing the abandoned property or vessel, and all costs incurred for any pending sale of the
abandoned property or vessel, or (b) the posting of a bond or other security pending resolution of
an appeal to the superior court, said bond not to exceed the appraised value of the abandoned
property or vessel, if known;
(3) Proof of arrangements satisfactory to the harbormaster for either the removal of the
abandoned property or vessel from the harbor, or the placement of the abandoned property or
vessel in a location in the harbor approved by the harbormaster.
(c) The harbormaster need not release the abandoned property or vessel from impoundment
under this section when:
(1) The harbormaster determines that possession of the abandoned property or vessel would be
unlawful or would present an immediate hazard to public health or safety; or
(2) The harbormaster has actual knowledge that ownership or possession of the abandoned
property or vessel is in dispute.
(Ord. 95 -11)
7.10.745. Disposition of impounded abandoned property or vessel.
(a) The city shall not dispose of impounded abandoned property or an impounded vessel until
30 days after the date of impoundment under this chapter.
(b) Public auction is not required when the appraised value of the abandoned property or vessel,
as determined by an independent appraiser, is less than $500.00. The appraiser must have at least
one year of experience in the sale, purchase, or appraisal of abandoned property or vessels. Upon
that determination and after public advertisement has been made once in a newspaper of general
circulation, the harbormaster may sell the abandoned property or vessel by negotiation, dispose
of it as junk, donate the abandoned property or vessel to a governmental agency, or destroy it.
(Ord. 95 -11)
7.10.750. Public auction.
(a) Notice of sale. Prior to the sale of any impounded property or vessel, the harbormaster shall
prepare a written notice of sale of the property or vessel. The notice shall contain:
(1) The name and /or official number or state registration number of the abandoned property or
vessel, the location of the abandoned property or vessel, and a detailed description of the
rm abandoned property or vessel;
(2) The date, time, and place of the sale;
(3) The fees, interest, and costs that are due against the abandoned property or vessel and any
bidding terms;
(4) A statement indicating to whom payment must be made in order for the owner to redeem the
abandoned property or vessel prior to sale; and
(5) A statement indicating that the city may purchase the abandoned property or vessel at the
sale for an offset bid in the amount of fees and charges due the city for the abandoned property
or vessel.
(b) Distribution. At least 20 days before the sale, the notice of sale shall be:
(1) Mailed by certified mail, return receipt requested, to the last known owner of the abandoned
property or vessel at the owner's last known address;
(2) Posted on the abandoned property or vessel, in the harbormaster's office, at city hall, and in
a United States Post Office in the city; and
(3) Published at least once in a newspaper of general circulation in the city for a total of seven
consecutive days.
(Ord. 95 -11)
7.10.755. Sale.
(a) Public auction. Any time after the distribution of the notice of sale, the abandoned property
or vessel may be disposed of by public auction, through oral tenders, or by sealed bids.
(b) Bids. The minimum acceptable bid shall be a sum equal to the fees against the abandoned
property or vessel, including interest and costs to be paid in cash at the time of sale or within five
days 24 hours thereafter. The proceeds of such sale shall be first applied to the cost of sale,
including advertising, then to interest owed the city, then to fees accrued and owed to the city,
and the balance, if any, shall be held in trust by the city for the owner of the abandoned property
or vessel to claim. If such balance is not claimed within two years, the balance shall be forfeited
to the city and paid into the harbor enterprise fund.
(c) No acceptable bids. If at the public sale there are no acceptable bids for the abandoned
property or vessel, the city may destroy, sell at a private sale, or otherwise dispose of the
abandoned property or vessel. The disposition to be made without liability to the owner, any
person in possession of the abandoned property or vessel, or any lienholder of the abandoned
property or vessel.
(Ord. 95 -11)
7.10.760. Effect of sale.
Upon sale being made, the city shall make and deliver its bill of sale, without warranty,
conveying all of the city's interest in the abandoned property or vessel to the buyer.
(Ord. 95 -11)
Article 8. Licenses and Permits
7.10.810. Licenses and permits prerequisite to conduct of business.
No business activity shall be conducted within the harbor or SMIC unless the licensee,
permittee, concessionaire, assignee, lessee or sublessee shall have first obtained the necessary
harbor permits or agreements and a business license, if needed, from the city; provided,
however, that commercial fishing vessels do not require a business license to carry on the normal
activities relating to their operation. (Ord. 95 -11/ Ord. 2010)
7.10.812. Business license required.
Subject to §8.30.020, a business license is required if engaging in a business within the city.
Applications for a business license are handled through the City Clerk's office and are
governed by Chapter 8.30, Business License.
7.10.815. Business Terminal Use permits or license agreements -- required.
(a) In this section, terminal use permits may be referred to as "permits" and license
agreements may be referred to as "agreements."
(b) A signed terminal use permit or license agreement along with proof of insurance and
cargo manifests are required from the Harbormaster's Office for any operation that engages
in commerce that uses city docks, approaches or facilities for loading or unloading of cargo,
petroleum providers, usage of dock approaches, or landing areas across City of Seward
property. Terminal use permits are required for activities in which wharfage rates apply or
when merchandise is passed over the city docks per Section 285 of the Port & Harbor Tariff
Regulations.
j
(u)(c) It shall be unlawful for any person to conduct or carry on any business upon any portion
of the city beach or docks,' landing stage, or approach thereto in use in connection with the city
docks, or to use, occupy or hold possession of any part of the city docks, landing stage or
approach thereto, for any business purpose whatever, except for taking on or landing passengers,
pP Y a p� P g g ers P g,
thereon or thercover unless such person shall have a business has a valid terminal use permit or
license agreement therefore signed by the Harbormaster.
(b)(d) It shall be unlawful for any person to solicit, ask for or request patronage or trade, or
display ware or advertise in any way, on the city beaches, docks, landing stage or approach
thereto in use in connection therewith, for any business, or to sell tickets of any kind therewith,
or to sell any article of merchandise upon any portion of a city beaches, docks, float, landing
stage or approach thereto, unless such person shall have has a valid business terminal use permit
or license agreement therefor signed by the Harbormaster.
(Ord. 95 -11)
(e) A moorage contract is a separate requirement and does not require a terminal use permit.
Seafood processing businesses shall obtain a permit or agreement for utilizing city beaches,
docks and floats. Terminal use permits are not required for vessels loading gear such as;
strongbacks, lines, hatch covers, walking boards, nets, groceries or vessel safety equipment, or
for vessels refueling for standard operations. (Ord. 10 -001)
7.10.820. Business Agreements or permits -- Employees and agents of principals.
Where an agreement or permit is desired for a person to carry on business as an employee or
agent for any person, the application for such permit or agreement shall be approved by the
principal of such person, and such permit may be revoked at any time without notice to the
�.. holder thereof upon the request of such principal to do so.
(Ord. 95 -11)
7.10.825.13- u-s-iness Agreements or permits -- Application.
The application for an agreement or permit shall be in writing and shall set forth the following
information:
(1) The name and address of the applicant and, if the applicant shall be a firm, the names and
addresses of the members of such firm, and, if the applicant shall be a corporation, the names and
addresses of the officers of the corporation;
(2) The names of the vessels, the description of the business to be carried on by means of such
vessels, a reference to the business licenses, if any, held by such applicant, and any other
particulars which such applicant may wish to set forth as a reason for granting such permit;
(3) A description of the space on the city facilities of the floats or landing stages the applicant
desires to use in carrying on such business; and
(4) A statement to be signed by the applicant that if such permit shall be granted, he will
conduct his business thereunder in accordance with the laws of the city in relation thereto, the
terms of such permit and all rules and regulations in relation to the city facilities, and that the
permit may be revoked at any time by the city council for the violation of the terms of such
permit, and that the decision of the Harbormaster city council as to the revocation of any such
permit shall be final and conclusive, unless timely appealed in writing pursuant to § 7.10.900).
1 See § 7.10.135 for definition of "dock."
(Ord. 95 -11)
emit
7.10.830. Business Agreements or permits -- Duration.
The city council Harbormaster shall have the power and authority to grant a permit or
agreement to any person to use or occupy certain portions of the city facilities, and any float,
landing stage or approach thereto, for a term not exceeding one year, and subject to revocation at
any time by the city council Harbormaster for violation of any of the terms of such permit, or of
the laws of the city, or of the rules and regulations adopted by the city council for the use of the
city facilities. The Harbormaster may deny a request for an agreement or permit based on past
business practices of an applicant, level of existing use at city docks, or upon other facts
supporting a finding that an agreement or permit is not in the best interest of the city.
(Ord. 95 -11)
7.10.835. Businesa Agreements or permits - -Terms and conditions.
All business agreements or permits shall be on forms to be adopted by the city council provided
by the city, and shall include such terms and conditions, in addition to those set forth in this
chapter, as the city council Harbormaster may determine from time to time to be necessary or
advisable to preserve the public peace and quiet on the city facilities or to protect the public
welfare, and all such terms and conditions included in any such permit shall be binding on the
holder of such permit to the same extent as though expressly set forth in this chapter.
(Ord. 95 -11)
7.10.840. Bess Agreements or permits -- Suspension and revocation and appeals.
(a) Suspension. The city council harbormaster may, at any time, as a penalty for the violation
of the provisions of any permit or agreement, suspend an agreement or permit for a period to be
fixed in such order of suspension.
(b) Revocation. All permits or agreements issued shall be granted and accepted by all persons
receiving such permits or agreements with the express understanding that the city council
harbormaster may revoke the same at any time if satisfied that any of the conditions of the
permit or agreement or provisions of this chapter have been violated, or that such permit or
agreement was obtained by fraudulent representation, or that the holder of any such permit or
agreement is an unfit person to be entrusted with the privileges granted by such permit or
agreement; provided, that no permit or agreement shall be revoked without first giving the
holder an opportunity to appear before the city council city manager in his on the holder's own
behalf, except as to an employee or agent of some other person holding a permit or agreement
who requests such revocation.
(c) Appeals. In the event of a dispute between the parties under this permit, the Harbormaster
shall issue a written decision and serve a copy thereof upon the permittee. The permittee may
request an administrative hearing following the procedures outlined in section 7.10.900. (Ord.
95 -11) (Ord. 10 -001)
7.10.845. Right of city to inspect leased premises.
The city reserves the right to inspect any of the rented or leased premises at any time. Failure to
inspect shall not be deemed to create any responsibility upon the city.
(Ord. 95 -11) ea!
7.10.850. Applicants to release city from liability.
The city assumes, and shall be under, no liability for anything done or omitted to be done under
or in relation to any of the provisions of this chapter, and applicants for permits shall release the
city accordingly. All applicants shall provide the city with proof of current liability insurance
during the term of the agreement or permit. (See also §§ 7.10.215 and 7.10.345).
(Ord. 95 -11)
Article 9. Appeal
7.10.900. Appeal.
(a) Demand for hearing. Any person holding a qualifying interest in a vessel who is denied
moorage or use of harbor facilities or whose vessel is subject to impoundment by the
harbormaster has the right to appeal the harbormaster's determination to the city manager.
Any such person desiring a hearing shall file a written demand with the city clerk within seven
days after notification of the harbormaster's decision. The request for appeal must include a
detailed explanation describing the reasons and basis for appeal. Failure of the appellant to
request or attend a scheduled hearing shall be deemed a waiver of the right to such a hearing
and the harbormaster's decision shall be final. The decision of the harbormaster will remain
in effect during the appeal period.
(b) Hearing procedure. The hearing shall be conducted within seven days of receipt of a
timely written demand from the appellant, unless such person waives the right to a speedy
r,• hearing. The city manager shall determine whether the facts are such as would lead a
reasonable person excercising ordinary prudence to believe there are credible, specific and
sufficient grounds supporting the harbormaster's decision. The city manager shall conduct
the hearing in an informal manner and shall not be bound by technical rules of evidence. The
appellant has the burden of establishing by a preponderance of the evidence that the findings
of fact are incorrect or that the harbormaster's decision is arbitrary and capricious.
(c) Decision. Within five days after the conclusion of the hearing, the city manager shall issue
a written decision. A copy of the decision shall be provided to the appellant. The decision of
the city manager is final. (Ord. 10 -001)