HomeMy WebLinkAboutOrd1971-386
r
!
,
I
i
I
SEWARD, ALASKA
HARBOR ORDINANCE NO. 386
Several sections mention the "Seward Small Boat Harbor."
If this is different from "the harbor," a definition for it
should be added. If it is not different, these references
should be changed to "the harbor."
HARBOR ORDINANCE
ORDINANCE NO. ~
An Ordinance Amending and Reenacting Chapter 5 of
The Code of the City of Seward, Alaska, providing
for Licensing and Regulating the Operation of
Boats~ Providing for the Safety and Comfort of
Persons Using Waterways~ Requiring Cleanliness
of Docks~ and Prescribing Penalties for the
Violation of Its Provisions.
Be it Ordained by the Council of the City of Seward, Alaska:
Section 1. Chapter 5 of the Code of the City of Seward,
Alaska, is hereby amended and reenacted to read as follows:
Article I. In General.
Sec. 5-1 Short title.
This chapteL' aha::'::' lJ", known .sud may be cited as the "Seward
Harbor Ordinance"
Sec. 5-2. Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:
Auxiliary. Any vessel which may be propelled by sails
or by means of an inboard or outboard engine. While under
.sail only, an auxiliary shall be subject to rules governing
sailing craft~ while under power, either with or without sails,
an auxiliary shall be subject to the rules governing motorboats.
Boat. Boats or vessels of everykind and description used
for commercial and recreational purposes.
Business. All professions, trades, occupations and callings
carried on for a profit or livelihood, including every kind of
commercial enterprise, and including the operation of games,
machines or mechanical devices.
City. The City of Seward or any appointed representative
of the city charged with the duty of operating the harbor.
city manaqer. The city manager of the City of Seward.
Dock. A waterway extending between two piers for the
reception of vessels~ specifically, a landing pier for boats~
a wharf.
Fire chief. The fire chief to the City of Seward.
Harb()r. All navigable waters, inlets, bays and coves of
Resurrection Bay within the limits of the city.
Harbor ~o~~issi2E~ The harbor commission of the City of
Seward.
r
I
I
I
I
Harbor master. The harbor master of the City of Seward
or his duly authorized representatives.
Moorinq. Any weight, chain, rope, floating object,
structure or appliance used for the purpose 6f holding a vessel
in a particular place, and which is not. carried on board such
vessel as regular equipment when underway.
Motorboat. Any vessel whose only means of propulsion is
by internal combustion, electric or mechanical engine, either
inboard or outboard.
Person. An individual~ a receiver~ a trustee: a co-partner-
ship: joint adventurers: a firm: an unincorporated association:
~ syndicate: a club, a society: a truet: a private corporation:
a public corporation: a county, state or federal agency, board
or commission: a school district: a water district: a utility
district: or a political subdivision.
Pier. A structure built out into the water with piles,
for use as a landing place.
Police chief. The chief of police of the City of Seward.
Prefereui:.ial dluu.qnment. A perferent1al assignment shall
give the assignee the right to the preferential use of the
wharf area described in the assignment.
Sailinq craft. Any vessel whose only means of propulsion
is by sail.
Sand dolly or trailer. Any movable cradle, structure or
device used for moving boats into or out of the water, or for
the storage of boats thereon.
Shoreline. The line of the tide at any given time.
Slip. A vessel's berth between two piers.
Stray vessel. A vessel that is (1) an abandoned vessel:
(2) the owner of which is unknown: (3) a vessel moored without
permission: (4) a vessel underway without a competent person
in command. "Underway" means not at anchor, or made fast to
the shore or aground.
Temporarv assiqnment. A temporary assignment shall give
the assignee the right to the temporary use of the wharf area
described in the assignment.
Vessel. Every description of watercraft used or capable
of being used as a means of transportation on the water.
Sec. 5-3. Harbor commission--created: composition:qualifica-
tions and appointment of members.
A'harbor commission is hereby created. The harbor commission
shall consi~t of five members, all of whom shall reside in the
Seward area and who shall be nominated by the mayor and con-
firmed by the city council.
Sec. 5-4. Same--powers and duties ..
The harbor commission shall bhave the following powers
and duties:.
(a) To conduct studies and make recommendations and
reports to the city .manager, the mayor and the city council as
the official city advisory body concerned with all aspects of
Resurrection Bay. Areas of concern shall be:
(1) Overall bay and harbor inprovements to better.
accommodate ocean shipping and docking and commercial and
pleasure crafts;
(2) Development of land uses of lands contiguous to
Resurrection Bay which will coordinate with and enhance the
aquatic uses of Resurrection Bay; and
(3) Development or redevelopment of small craft harbor
facilities for both commercial and pleasure craft.
(b) To determine those projects and activities, and their
financing and means, which will best suit the sensible growth,
inprovement or alteration of Resurrection Bay.
(e) To active~~ identify itself with and work in coopera-
tion with any and all other duly constituted governmental or
civic bodies conducting planning studies, surveys or projects
relating to the use or development of Resurrection Bay and
contiguous land areas.
(d) To actively promote public relations between the city
and the users of Resurrection Bay.
Sec. 5-5. Delegation of authority ~o city manager.
The responsibility for the administration of the prov1s1ons
of this chapter is delegated to the city manager, or officers
or employees of a department or departments of the city design-
ated by him; provided, that some or all of the duties necessary
to be performed in the administration may be performed by the
harbor master. .
Sec. 5-6. Duties of city manager.
It shall be the duty of the city manager:
(a) To carry out the orders of the city council and to
enforce the provisions of this chapter and all other harbor
regulations and ordinances.
(b) To order any vessel improperly anchored, moored or
berthed to change its position to such a one as he may designate,
and in case his orders are not complied with, or the vessel is
unatte~ded, to cause such vessel to be so moved, and to collect
the cost thereof from the vessel or the owner thereof.
3
(c) To promptly report to the appropriate federal ageQcy
any violation of the laws of the United States for the protection
of navigation and the preservation of navigable waters, par-
ticularly any encroachment on the waterway by the building of
illegal structures, illegal filling or dumping of material of
any sort into the waterway or throwing nverboard or setting adrift
or allowing to be set adrift anything that is or might become
obstructive or dangerous to navigation.
Sec. 5-7. Duties of harbor master.
It shall be the duty of the city harbor master:
(a) To act for and assist the city manager in administr-
ing the provisions of this chapter, coordinating with appropri-
ate department heads services falling within their respective
functions as defined in this chapter.
(b) To collect harbor fees and charges and record in a
proper register the location and the names, length, draft, beam,
type and names and addresses of the owners of all boats mooring
in th. Seward Municipal Small Boat Harbor, and the position of
each approved mooring shall be noted upon a map or chart of the
narbor. Such record, maps and charts shall be records of the
city and shall be kept at the office of the harbor master.
Sec. 5-8. Dutv of masters and pursers of vessels to furnish
information to harbor master: examination of
papers of vessels.
To enable the harbor master to keep an accurate record of
the number, size and kind of vessels using the harbor, the
amount, kind and value of waterborne freight handled, and the
number of passengers carried. the masters and pursers of all
vessels using the harbor are hereby required to furnish the harbor
master with such information if so requeste4,&to permit the harbor
master to examine their papers, including their manifests.
Sec. 5-9. Review of actions of harbor master and city manaqer.
Any ruling of the harbor master shall be subject to review
by the city manager, and any ruling of the city manager shall be
subject to review by the harbor commission and city council,
upon application of any person affected by the ruling. Upon
any such review the ruling may be affirmed, reversed or modified.
Sec. 5-10. Riqht of entry for purposes of inspection.
The city manager. harbor master or any other person author-
ized by the city council may enter and survey all vessels moored.
anchored or proceeding in the harbor, and grounds, buildings
and places within the city to which "this chapter is applicable,
for the purpose of determining compliance therewith.
Sec. 5-11. Conflects with federal laws and requlations.
When any section of this chapter is found to be inconflect
with federal laws and regulations governing the equipping,
operation and licensing of boats and vessels on navigable waters
of the United States, then such federal laws and regulations
shall prevail, but the remaining sections of this chapter shall
not. be affected..
If
Sec. 5-12. Assumption of risk bv owners of boats.
The owner of any boat shall assume all risk of damage or
loss to his property of any kind while it is within the limits
of the harbor. The city assumes no risk on account of fire,
theft, act of God or damage of any kind-to boats, persons or
equipment.
Sec. 5-13. Emerqencv action in case of fire or extreme emer-
qencv.
The provisions of this chapter shall not be construed to
limit the operator from taking action necessary to protect life,
limb or property in the case of fire or extreme emergency.
Sec. 5-14. Authoritv to remove vessels.
Failure to observe any of the regulations of this chapt_~
will entitle the city, by order of the city manager. to eject,
remove or require the removal of any vessel from the harbor.
This provision shall be in effect regardless of any lease or any
other rights the boat or vessel owner may have.
Article II. Requlation of Harbor Activitv Generallv~
Sec. 5-15. Deposit of refuse. flammable materials. etc.. in
water or on land; authority of city to remove
prohibited substances.
No person shall throw, place or introduce any garbage, oil.
flammable liquid. spirits, bilge water. dead animal, putrefying
matter', refuse or waste matter of. any description into the waters
of the harbor or along the shore. or upon any land within the
harbor. The city may remove the same, with or without notice,
and any costs or removing the same may be recovered by the city
zrom the person violating this section.
Sec. 5-16. Allowinq boats or refuse to remain on shoreline;
authority of city to remove boats and prohibited
substances.
No person shall place or allow vessels. boats, materials.
garbage, refuse. timber or waste matter of any description to
remain on or upon the shorelines of the harbor within the city
limits. The city manager may remove the same, with or without
notice, at his option and the cost thereof may be recovered
from any person owning the same, or placing or causing it to be
placed on the shoreline, in a civil action.
Sec. 5-17. Refuse and qarbaqe disposal.
All refuse and garbage shall be placed in the designated
containers placed for this purpose.
Sec. 5-18. Noise.
.
No person shall make or cause to be made any unnecessary
noise, or shall play any musical instrument, in the harbor.
between 11:00 P.M. and 7:00 A.M. violation of this section will
be cause for removal of the violator's boat from the harbor. If
any group or organization wishes to hold any function which may
continue after 11:00 P.M.. request for approval therefor must be
made 1:0 the city. which m,'lY extend the time.
5
Sec. 5-19. Unseaworthy vessels: duty of owners of wrecked
or sunken vessels.
Ho person shall bring into, moor or berth within, the
harbor any vessel of any kind whatsoever which is so unseaworthy
or in such a badly deteriorated condition that it is liable to
sink or damage docks, floats or other v~ssels, or which may be-
come a menace to navigation, except in cases of extreme emergency
in which case the owner will be liable for any damage caused by
such vessel. In the event a vessel or other craft is wrecked
or sunk within the harbor, it shall be the owner's responsibility
to mark its position and provide for the raising and disposition
of such vessel or craft and assume all liability for damage to
city property or other vessels in the harbor.
Sec. 5-20. Abandoned, disabled. etc., boats declared nuisance:
abatement of nuisance.
Every boat which is abandoned, or which becomes a menace to
navigation or is unseaworthy, or sinks,. grounds or becomes other-
wise disabled, is hereby declared to be a nuisance, and the
person in charge thereof shall abate such nuisance within thirty
days after notice from the city manager.
Sec. 5-21. Unauthorized utility connections: damaqinq. inter-
ferinq ~ith, etc., wharfs, ramps, bouvs, siqns, etc.
Bo person shall tap, connect, disconnect or interfere with
any water outlet, water pipe, water connection, telephone equip-
ment,electrical outlet or electrical device of any kind in stalls
maintained or operated by the city in the Seward Small Boat Harbor
without first having obtained the permission of the harbor master.
.. Ho person shall interfere with or tamper with any wharf,
float, gang plank, ramp or any other facility operated by the city.
NO person shall wilfully or careless~y destroy, damage,
disturb, deface or interfere with any buoy, float, life preserver,
sign, notice, navigational marking or other similar property
under the juriSdiction of the city or any other governmental
agency.
Sec. 5-22. Unauthorized boardinq of vessels.
No person shall climb into or upon any vessel moored, docked
or anchored in the harbor without the consent of the owner or
other person having charge thereof.
Sec. 5-23. Carqo.
No cargo shall be handled from the beach within the city
limit unless a permit has first been obtained and a fee of $1.00
per ton has been paid. Handling shall be limited to a period of
72 hours or fraction thereof.
Sec. 5-24.
Use of fire-fiqhtinq equipment restricted.
,
Pire hoses and other fire-fighting equipment shall be used
only for fighting fires.
6
_.'.. _ .. __at-:"",_ .
_to.<.~....... .
.
"
Sec. 5-25. Use of open flames.
No person shall use welding equipment, a burning torch or
any other open flame apparatus without written permission from
the. harbor master. If welding equipment, a burning torch or bUY
other open flame apparatus is used, care shall be exercis~d in
the safety to other vessels and harbor facilities, an..approved
fire extinguisher of sufficient size shall be readily available
with a water hose attached to an outlet as a standby where
available, and a fire watch must be maintained while c\:.tting or
burning is done.
Sec. 5-26. Spray paintinq of vessels prohibited.
No person shall spray paint a vessel while such vessel is
at its berth.
Sec. 5-27. Loadinq or unloadinq explosives.
No person shall load or unload gunpowder, giant powd~r,
dyn'.mite or any other explosive to or from any vessel from or
upon ~ny dock or other vessel in the harbor without first ob-
taining a permit so to do from the fire chief, and paying
therefor a fee of twenty-five dollars, and otherwise complying
with all rules and :a:egulations governing the loading and unload-
ing of explosives.
pee. 5-28. Storaqe on docks. floats and finqers pro!ill>it..d.
nothing shall be stored on the docks, floats or Ei.....Jcr~
within the harbor.
S?c. 5-29. Open storaqe of rowboats, nets, etc.
racilities for the open storage of rowboats, skiffs, rafes,
"ne~s. reels and other items of equipment are not availa~le. Any
oE the above items left without storage will be deemed in
violation of this chapter and subject to being abated as ~
nuisance.
~. 5-30. Beachinq of vessels.
No vessel shall be beached along the shore, except in C"'S~3
0';' emergency or with permission of the harbor lJlaster or city
ma:'E 3er.
Sec. 5-31. Solicitation and advertisinq.
(a) Solicitation of patronage in the harbor is prchibitec.
(b) No person shall row, propel, navigate or main',::-:in an:"
';ess~l or float in the harbor for the purpose of advertisin-;r.
(c) No signs advertising commercial use of a vessel or
~olitical advertising shall be displayed on any vessel, float,
dock or other structure in the harbor.
7
Sec. 5-32. storaqe and use of r~oat8 and dinqhiea.
Dinghies and rowboats owned by patrons in the harbor, when
not kept aboard the owner's boat, may be kept in the water at the
end of the slip, or at other locations designated by the harbor
master. They shall not be ~laced on the docks or fingers or
alongside vessels, except for minor repair, and shall not obstruct
free ~ccess to fingers or be left on the dock, except when the
owner is present in the harbor.
See. 5-33. Installation of fenders on finqers.
Boat owners shall not install fender material on fingers.
Boat owners may purchase additional fenders of material as now
installed.
Sec. 5-34. Doqs.
In accordance with chapter 4 of this Code, dogs shall be
kept on a leash in all public areas in the harbor area. Patrons
and their guests are required to closely supervise their animals
on these premises, and particularly on the ramps, docks and
fingers, in the best interests of public safety and sanitation.
Sec. 5-35. SWimminq.
No recreational swimming is permitted within the breakwaters!
Sec. 5-36. Use of docks and finqers for boat maintenance.
A patron under this chapter shall not obstruct docks and
access' to fingers with tools and equipment. If patrons use
portions of docks and fingers ~or rigging and maintenance work,
such space shall be left in a neat, clean and orderly condition.
See. 5-37. Small children on docks.
Children under ten years of age are prohibited on the docks
and fingers, ,~xcept when in the immediate presence of their
parents or other responsible adults.
Sec. 5-38. Bicycles and motorcycles.
The riding of bicycles and motorcycles on the docks and
gangways within the harbor is prohibited.
Sec. 5-39. parkinq of vehicles qenerally.
Vehicles shall be parked only in designated areas in the
harbor area.
Sec. 5-40. Discharqe of wastes from vehicles in parkinq lots.
No person shall discharge ~aste material from a trailer,
camper or other vehicle ~mile such vehicle is in a parking lot
within the harbor are~.
Sec. 5-41. Unauthorized collection of fees and use of water-..
front.
No person shall collect any toll, wharfage or dockage. or
land, ship or remov(' any prc.perty upon 02: from any portion of the
waterfron+: 01' t.h.r.~ .: it <1 07' f~n'r :l'r uJY.'n wy of. the rloeks under
"t.h~ "."'"':"'l'- !" "...~: ~ 7',,,~4 ~y the
;'j"l i',...
s
/1
Sec. 5-42. Transfer of tenancy of facilities.
Tenancy of any facility is nontransferable.
Sec. 5~43. Denial of use of facilities.
The harbor master may deny the use of any of the facilities
of the harbor when such use would not be in the best interests of
the city.
Sec. 5-44. Pumpinq of boats bV harbor master.
Any boat, in case of emergency only, may be pumped by the
harbor master. There shall be a minimum charge of two dollars
and fifty cents for such service.
Sec. 5-45. Charq~ ror electric servic~.
The charge for electric service furnished by the city shall
be five cents per kilowatt hour.
Sec. 5-46. Lost and abandoned property.
All vessels timber a.nd other personal property found in the
water or on the shore, piers and docks of the harbor or found
adrift, sunken or constituting a hazard to navigation or a
nuisance, withi~ the waters of the city, and not in the lawful
possession or control of some pe~son, shall be immediately deliver-
ed to the harbor maoter, in whose custody they shall remain until
claimed by the proper ~mer. Such owner shall pay all expenses
incurred by the harbor ~aster in connection therewith, including
a charge for keeping and storing same. If such property is not
claimed within sixty days, and the charges are not paid therefor
as provided in thic section. tbe harbor master may sell such
property by giving at least ten days' previous notice of such
.sale by one insertion L1 a newspaper printed and published in the
city.
llf~" elf; III. Operati.on of Vessels.
Sec. 5-47. Movement~t-vessels.
Movement of vessela within the harbor, between rows of slips,
shall be for the purpose of mooring, entering OT leaving a slip.
cruising between the slips is prohibited.
Sec. 5-48. Operatinq under influence of alcoholic beveraqes
.QL...druqs.
No person shall operate a boat while under the influence of
intoxicating liquor or narcotic drugs.
Sec. 5-49. Reckless operation prohibited.
The operatio;-, of any vessel in any manner which unreasonably
interferes with the free and proper use of the harbor or un-
reasonably endangers the users of the waters of t~e harbor is
prohibited.
'1
Sec. 5-50. Speed restrictions.
The speed of any boat within the harbor shall not exceed
three knots and shall create no wake, wash or wa....e actioll which
will damage, endanger or cause undue distress to any other boat
or occupant thereof.
Sec. 5-51. License requirements.
No person shall operate a boat unless properly licensed as
required Ly applicable state and federal laws and regulations.
Sec. 5-52. Anchorinq boats for fishinq.
No person shall anchor a boat for fishing or other purposes
on any body of water o....er which the city has jurisdiction in
such a position as to obstruct a passageway ordinarily used by
other boats.
Sec. 5-53. Mufflers required on outboard motors.
No person shall operate any motor within the harbor without
having such motor equipped with a muffler.
Sec. 5-54. Use oi H~&rchliqhts.
No person operating a boat shall use searchlights indis-
criminately or in such manner as to annoy or disturb other persons
or boats.
Sec. 5-55. Accident reports.
A duplicate copy of any report of any accident occuring in
the harbor involving one or more vessels shall be filed with the
harbor master.
.Articl~,-~ths and Moorinq of Vessels.
Sec. 5-56. penait ~equired.
It shall be ulllawful for any person to moor or anchor any
boat in any part of the harbor without first obtaining a permit
to do so from the city and having paid to the city all fees as
required by this chapter.
Sec. 5-57. Applications for berths: residents to have prioritv
over nonresidents.
Applications for berths in the harbor shall be made to the
city and shall be granted in the order of request: provided, that
preferences shall also be gi....en to the boat most suitable to the
berth to be rented. Application of local residents shall have
priority over applications of nonresidents.
Sec. 5-58. Unauthorized berthinq.
Any boat owner berthing in any berth without the consent of
the city may be prosecuted for trespassing.
10
Sec. 5-59. Reqistration of boats upon arrival.
All vessels shall be registered upon arrival~ provided, that
vessels arriving after 5:00 P.M. must register before 10:00 A.M.
of the following day.
Owners of boats entering the harbor shall furnish the city
with thp following information:
(a) Name of boat.
(b) Type (sail, motor, etc.).
(c) Classification.
(d) Length.
(e) Location.
(f) OWners address.
Sec. 5-60. Notice to city required when berth to be vacated
more than five days.
Prior to departure from the harbor, boat owners shall report
to the city if a berth or mooring is to be released, vacated or
unoccupied for more than five days.
Sec. 5-61. Satisfac'tory moorinqs and anchors required~ authority
of city to supply necessary service and equipment
fC'r boats,.
All boats moored or berthed in the Seward Municipal Small
Boat Harbor shall be fitted with moorings or anchors satisfactory
to the city and shall be maintained at all times in such condition
~s to meet with the approval of the city. In the event any boat
is not so maintained, the city may, but is not obliged to, supply
any equipment and service necessary to care for the boat in such
manner as to prevent damage. A charge for the same shall be
added to the mooring fees and shall be collected as part of the
mooring fee. Any equipment used or supplied by the city to
protect any boat is not returnable. The city, at its discreation,
may have such work performed by any qualified person or organiza-
tion at a reasonable fee. The city shall compensate such individual
or organization which has performed the work and the amount thereof
shall be added to the owner's mooring fees.
Sec. ~-62. Keeping boats on floats prohibited.
Boats, whether used as tenders or otherwise, shall not be
kept on the floats.
Sec. 5-63. Permit required to use boat for permanent livinq
quarters.
Use of a boat for permanent living quarters while moored at
a pier is pt'ohibL ted unless a permit is first obt<lined from the
harbor master and a fee of $20.00 per month or fraction thereof
is paid.
, ,
r
Sec. 5-64. Boats restricted to assiqned berth.
Boats will not be permitted to use other than the berth
assigned them. The city will mova boats not berthed in the space
assigned to them at the opner.'s expense.
Sec. 5-65. Authority of city to remove vessels~ liability of
own~r for cost~ of removal and damaqes.
Any vessel, upon notice to move, which refuses or fails to
move may be shifted by tug or otherwise by the city, and any
expense, damages to such vessel or other vessels or wharf during
such removal shall be charged to the vessel so moved.
Sec. 5-66. Preferential assiqnments.
Prererclltial a.ssignments to the wharf may be obtained upon
application to th", city manager and the charges therefor shall
cornmen .J on the c3tC specified in the assignment. Preferential
assignments may be revoked by the city manager upon thirty days'
prior written notice to the assignee or may be vacated by the
assig~ee upon thirty days' prior written notice to the city
manager~ provided, that such assignments may be terminated upon
shorter notice at the discretion of the city manager.
Sec. 5-67, Wharf area assiqn~ent riqhts.
Subject to the ~ates, charges, rules and regulations of this
chapter and ~ny restrictions, conditions, limitations and modi-
ficntionE: set. fOi:"t,:1 in the aZ:Jigi1ment. itself, wharf area assign-
ments nhall in~luie only thp licen~e or right:
(a) 'I'o mom: -I",st>~ls mmed, operar:.ed or represented by the
assirynee ;:x the ;)'i:Ctl i.lssil:pec1:
(b) ':..'0 3~;::::em:"'le, distribute, load and unload merchandise
and the cargc.e;; )f VE":3sz1u ov~r, through or upon the assigned
wharf area; and
(c) To p~rforn uuch other related activities as may be
necessary,
When the ;.::. i'c':I::,,: \!har: area, or any part thereof, is not
required fo:: ,~hc UBf' of th(. tissign-=e or is unoccupied, the harl:--:-'"
maste1: may, at his di::.::rction, assign such facility, or any part
thereof, for tem~o~~ry use by another person.
Sec. 5.=&,8. r.1_JOr~~_'..,i.thout wharf area assiqnment.
All vEOszels arc prohibited from mooring at any wharf at which
they have no r,'gt:.1Rr assignment or for which they have failed
first to m""k~ ;;. bc::th ';.:'.g application with the harbor master.
Ves3els wDich moor or take.a berth outside their regular
assignments, and vessels which have no r~gular assignments
which moor or tal<e a bC't"t:l without first making application to
and securing the pe:rnL:wioTl to use such berth from the harbor
mastb, shall do so ~)t ~heir own risk and shall be held responsible
for all loss or d",1;':'uge 0;' '",ilatso~ver nature resulting from such
taking or using of such berth.
1-
Sec. 5-69. Refusal of berthaqe for nonpavment of fees or non-
compliance with requlations.
The city reserves the right to refuse berthage to any boat
owner who has failed to pay berthage or fails to abide by the
provisions of this chapter or other rules and regulations of the
city.
Sec. 5-70. Seizure of boat and equipment for nonpayment of fees.
In the event the monthly rental and other charges which
shall have accured in favor of the city shall not be paid as
required, the city may, without any advance notice, take
possession of the boat, its tackle, apparel, fixtures, equip-
ment and furnishings, and may retain such possession until all
charges then owing and any charges which shall thereafter have
accrued are fully paid. The remedy thus provided in this section
is in addition to and not in lieu of any other remedies which
the city may have by virture of statute or otherwise. In any
action or proceedings for the collection of any sums which
become payable hereunder, each lessee agrees to pay to the city
a reasonable sum for the city's expenses and attorneys' fees
therein.
Sec. 5-71. When and where payments to be made.
Mooring or slip fees shall be due and payable in advance.
Payment shall be made to the city at its office at the harbor
or at City Hall. Payment of such fees shall entitle the owner
of a boat for which all mooring and slip fees have been paid to
a permit to so moor or tie-up for the paid-up period.
Sc:c~}-72. Chanqes in rental rates.
The city council reserves the right to change the rates of
rental by resolution.
Sec. 5-73. ~cceipts.
The harbor master shall prepare and sign all receipts in
triplicate for all money paid as rentals or otherwise, giving
the original receipt to the payor delivering one carbon copy to
the c~ty clerk-treasurer and keeping one carbor copy on file in
his records. The harbor master shall be subject to such further
rules and regulations as may be provided by the city manager or
by the city council.
Sec. _5-74. Required provisions in rental aqreements.
The following provisions shall be included in all rental
agreements signed by owners of boats.
"(a) 9ancellation. Permittee agrees to comply with all
regulations of the City of Seward governing mooring and use of
facilities in the harbor. Should permittee violate this agree-
ment. posted regulations or pertinent city ordinance provisions,
this ~ental agreement and permit may be terminated by the city,
and the city may remove the boat from her mooring space at the
permittee's risk and expense and retake possession of the moor-
ing space."
"(b) Reas~...ignment of slip space. Should reassignment of
slip space for proper operation of the harbor be necessary,
permittee ~grces that the city may move his boat from one space
to anoth0r at ~he dis~retion of the harbor master. Written noti-
fic;.~ti.on ::';" Dd,'h TV".'r'Y'o~,;- W111. 00 sent '~:o the op.rmittee if the
n"\c:~\.ll'~ i.. <., r'~ ,- ~" I
~ \ I (;'>. If
1 :'
.. (c) 'fransfer of ownership. Should permittee sell or part
with possession of the boat covered under permit, the new owner
shall have no right to the space occupied by the boat. The
original permittee may retain slip space under his permit for
nin~ty days~ provided, that within such time he shall procure,
or be in the process of procuring, a boat of appropriate length
for occupancy of the slip space."
Sec. 5-75. Boats to observe city health and conduct rules.
Persons in charge of or occupying boats docked at or moored
to land, docks, slips or wharves abutting waterways shall
observe all the health and sanitary regulations of this Code
and otb~r ordinances of the city relating to the conduct of
persons and prohibiting acts contrary to public health, morals,
safety or public peace.
Sec. 5-76. Vessels extendinq beyond moorinq.
No part of any vessel shall extend more than
beyond the end of any finger float. including but
to boats with davits, booms. boomkin or bowsprit.
any vessel shall extend over the main walkway.
four feet
not limited
No part of
Sec. 5-77. Obstruction of walkways. floats and qanqways pro-
hibited.
No person shall place or permit to remain any mooring lines,
bose, electrical cable or other service lines across the main
walkways. A person in chnrge of any walkways. floating structure
or gang~ay shall maint~in the same in good condition so as to
prevent injury to persons. Such person shall keep such walkways.
floating structures and gangways clear of any obstructions.
Sec. 5~78. ~epa!L~ and maint~nance of vessels.
(ii) Repairs to and maintenance of a vessel may be made
or acco~plished while such vpssel is at its berth, provided all
such work is done \I..ork is done wi thin.' the confines of the vessel
itself and is not carried on in any manner whatsoever upon floats,
gangways or docks. All materials used in such repair or mainten-
ance work shall also be kept within the confines of the vessel
and shall not be kept upon floats, gangways or docks.
(b) Repair and maintenance work which is not done within
the confines of the vessel itself as required by subsection (a)
of this section shall be accomplished only in an area designated
for that purpose by the harbor master.
~ 5-79. Nonliabilitv .of city for boats and equipment.
The city does not accept boats for storage, shall not be
held liable in any manner for the safekeeping or conditions of
th~ sa~e, and is not resopnsible ~hereLor as a warehouseman.
The relation between the parties is simply that of a landlord
and tenant. The city is not resopnsible or liable for any damage
or loss to or of such boat. its tackle, gear, equi,pment or
property; either upon such boat or upon the premises of the city.
from any cause whatever, or for injury to the tenant or invitees
occasioned by any cause upon the harbor premises or adjacent thereto.
r
I
I
I
I
I'
I
Article v. Fees for Use of Harbor Facilities and Services.
Sec. 5-80. Dutv of boat owners to pay charqes.
The owners of boats using any harbor facility or service
shall pay the charges thereon established by resolution of the
city council.
Sec. 5-81. Removal of boats from harbor without payment of
charqes.
It shall be unlawful for any person to remove from the
harbor any boat upon which charges for berth rental, anchorage
or wharf storage, or any other proper charge, are delinquent,
without paying all such delinquent charges. The city may do all
things necessary to prev~nt the removal of a boat in violation
of this section, including locking or otherwise fastening a boat.
Sec. 5-R~. Aut~oritv of city to seize and sell boat for delin-
quent charqes.
Whe~ the charges for berth rental, anchorage, or wharf
storage, or any other proper charge, of any boat, are delinquent
for six months or more, the city shall take possession of any
such b'oat, and, after notice given by the city manager in the
manner hereinafter provided, sell such boat at public auc~ion as
hereinafter provided.
Sec. j-83. Sale for delinquent charqeS--Notice of sale.
II
I
I
(a) Notice of such sale, giving the time and place of the
sale, a brief. ctescription of the boat and the amount of charges
due, shall be ~ublished in a newspaper of general circulation in
the city for two weeks. Such publication shall be made not later
than ten days before the sale.
(b) A notice of such sale, giving the time and place of the
sale and the amount of the charges due, shall be given by register-
~d mail, postage prepaid, to the owner of the boat, addressed to
such owner at the address last knowr. to the city.
Sec. 5-84", Sa;ui=----R:i.qht of owner to make payment prior to sale.
The owner shall have the right to stop the sale at any time
before the hour for such sale by paying all proper charges, includ-
ing services or berth rental, anchorage, wharf storage for such
boat, a,nd all costs in.curred by the city in providing for the sale.
~ec. _S=85. Same--Disposition of proceeds.
The amount received at the sale shall be applied first to
pay all costs of the sale, including the advertising of the notice.
second, to pay the total amount due to the date of the sale to
the city for all approved charges, including services or berth
rentul, anchorage or wharf storage for the boat, and any balance
shall.be held by the city and paid to the O\,mer on his demand
therefor.
Sec. 5-86. same=--nisposition of boat if in?ufficient bids
rece,i ved ^
If a v(=ssel is offered for sale at public auction and no
bids or insufficient bids are received therefor, such vessel may
be d:i.~l!?OD€d ,,[ Lt., d.:1'l ('>1"\'! of thf.'! following:nanners:
(a) If the use thereof is requested by any department of
the city, it may be turned over to such department for its use.
(b) It may be sold at private sale.
(c) It may be turned over to the purchasing agent for sale
at the public auction conducted pursuant to the provisions of the
City Charter.
(d) It may be destroyed.
Sec. 5-87. A,~Lhority of city to declare berths vacant and re-
move boats from delinquent berth or moorinq.
At any time when slip rental charges for any boat are delin-
uent, the city ~ay declare the berth vacant and re-rent the slip.
The city may move allY boat from the delinquent slip or mooring
and place it for safekeeping; however, it shall give the tenant
notice in Wi::" ti.!..~; <;.-:,: days before such removal. Upon such action,
the rental charge~ for the boat so moved shall cease against the
previous tenant, .:.lfter removal of the boat.
Article VI. Business Activities.
Sec. 5-88. I~nseG dnd permits prequisite to conduct of
bus~ness.
No busines~ ac1:ivity shall be conducted within the harbor
unless the licensee, permittee, concessionaire, assignee, lessee
or sublessee shall have first obtained the necessary permits and
licenses from the city.
Sec. 5-89. ~us~~~_permits--Required,
It shall be unlawful for any person to conduct or carryon
any business. upon cny portion of the city facilities, or upon
any float, land:i.l)'J :>tage, or approach thereto in use in connection
with the city f?cilities, or to use, occupy or hold possession of
any part of the cit:, facilities, float, landing stage or approach
thereto, for.. an}. Lusiness purpose ~-Jhatever, except for taking on
or landing pnsse"lQars thereon "'r thereover unless such person
shall have ;:: blsiness p.~rmi t therefor.
It shni.l be unlawful for any person to solicit, ask for
or reauest pa::rOn?~i2 or '.:rade. or display wares or advertise in
any way, on the ,~iL/ facilities, or upon any float, landing
stag!? 0: approach thereto in use in connection therewith, for any
business, or to sell tickets of any kind therew4th, or to sell
any article of mercha~dise upon any portion of the city facilities,
float, landing stage or approach thereto, unless such person
shall have a business permit therefor.
Sec. 5-90 ,_.2~":::"::-''':.:flm'plcyees and aqents of principals.
Where 2 business p~rmit is desired for a person to carryon
business as an employee or agent for any person, the application
for such permit sb~ll be approve~ by the principal of such person,
and such permit may be ::;evoked at any time -"'ithout notice to
the holder therof D~on the request of such principal to do so.
;.,
Sec. 5-91. Same--Application.
The application for a business permit shall be in writing
and shall set forth the following information:
(a) The name and address of the applicant and, if the
applicant shall be a firm, the names and ad~resses of the members
of such firm, and, if the applicant shall be a corporation, the
names and addresses of the officers of the corporation:
(b) The names of the boats, the description of the business
to be carried on by means of such boats, 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 permit7
(c) 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
(d) 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 city council as to the
revocation of any such permit shall be final and conclusive.
Sec. 5-92. Same--Duration.
The city council shall have the power and authority, in its
discre~tion. to grant a permit 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 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.
Sec. 5-93. Same--Terms and conditions.
All business permits shall be on forms to be adopted by the
city council and shall include such terms and conditions, in
addition to those set forth in this chapter, as the city council
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 char:',:er.
Sec. 5-94. Same--Suspension and revoction.
(a) Suspension. The city council may, in its discretion,
at any ~irne, as a penalty for the violation of the provisions of
any business permit, suspend the same for a period to be fixed in
such order of suspension.
17
(b) Revocatiort. All business permits issued shall be
granted and accepted by all persons receiving such permits with
the express understanding that the city council may revoke the
same at any time if satisfied that any of the conditions of the
permit or provisions of this chapter have been violated, or that
such permit was obtained by fraudulent representation, or that
the holder of any such permit is an unfit person to be entrusted
witp the privileges granted by such permit: provided, that no
permit shall be revoked without first giving the holder an
opportunity to appear before the city council in his own behalf,
except as to an employee or agent of some other person holding
a business permit who requests such revocation.
Sec. 5-95. Riqht 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.
Sec. 5-96. Applicants to release city from liability.
The city assumes and shall be under no liability for any-
thing 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.
Section 2. Upon the taking effect of this ordinance, any
and all ordinances "heretofore passed and now in effect dealing
with the harbor and water ways are superseded and repealed.
Section 3. If any provision of this ordinance or the applica-
tion thereof to any person or circumstance is held invalid, such
invalidity shall not affect any other provisions or applications
of the ordinance which can be given effect without the invalid
provisions or applications, and to this end the provisions of this
ordinance are severable.
Section 4. This ordinance shall take effect thirty (30)
days after adoption.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, THIS 12th 42ay of June , 1972.
FIRST READING:
May 8, 1972
May 22, 1972
SECOND READING:
ADOPTION:
June 12, 1972
AYES: McAnerney, Vincent, Hu1m, McCloud, Hill, Crisp, Richardson
NOES: none
ABSENT: none
CITY OF SEWARD, ALASKA
By /s/R.F. Richardson
R. F. Richardson, Mayor
/
APPROVED AS TO FORM:
HUGHES, TIIORSNESS, LOWE, CANTZ & CLARK
At:torneys for Cit:y of Seward By_
18 Kenneth P. Jacobus