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HomeMy WebLinkAboutOrd1967-362 CITY OF SEWARD, ALASKA ORDINANCE NO: 362 AN ORDINANCE OF THE CITY OF SEWARD, ALASKA, RELATING '1'0 THE RULES AND REGULATIONS OF THE SEWARD HARBOR IN GENERAL AND THE SEWARD MUNICIPAL SMALL BOAT HARBOR; ESTABLISHING PROVISIONS FOR CHARGES AND RATES; PRESCRIBING OFFENSES AND PENALTIES FOR VIOLATION OF SAME: ESTABLISHING THE POSITION OF HARBOR MASTER AND PRESCRIBING THE POWERS AND DUTIES RELATING TO THE POSITION: REPEALING ANY AND ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH, SPECIFIC- ALLY ORDINANCE #343. THE CITY OF SEWARD, ALASKA ORDAINS: SECTION l: HARBOR BOAT AND MOORAGE CODE: This Ordinance shall constitute the "HARBOR AND BOAT MOORAGE CODE" of the City of Seward, Alaska, and may be oited as such. SECTION 2: DEFINITIONS: For the purpose of this Ordinance the following terms, phrases and words shall have the meaning given herein. When not inconsistent with the contex, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word SHALL is mandatory in all cases. 2 (a) BEAM: The greatest overall width of the vessel including booms, spars, gins or any fixed protruding object. 2 (b) DERELICTS a Any boat or water borne craft moored or otherwise located within the boundaries of the SEWARD HARBOR which is forsaken, abandoned, deserted or cast away, or which in the opinion of the Harbor Master or any recognized Marine surveyor is unsound, unseaworthy and unfit for its trade or occupation and which by any substantial evidence of neglect may be considered abandoned. 2 (c) HARBOR MASTER: That person appointed to the position of Harbor Master, by the City Manager. This person shall be responsible to the City Manager for all harbor operations r I I I , and the enforcement of the provisions set forth in this Ordinance or any resolution of the City Council. He shall be a member of the City of Seward Police Department under supervision of the Chief of Police or City Manager. 2 (d) HARBOR OFFICE: That building located in the vicinity of the Seward Small Boat Harbor where operations and business of the harbor is transacted. 2 (e) LENGTH: The term LENm'H used herein shall mean the overall length as measured from the furthermost forward por- tion, including booms, spars, gins, or any fixed protruding object to the furtherest after position of said vessel including booms, spars, gins or any fixed protruding objects. 2 (f) LOCAL BOATS: Any vessel operating out of the Port of Seward and whose owners or operators are residents of the Seward area. 2 (q) NUISANCE: Any water borne craft which is not maintained in a seaworthy condition. Any boat, vessel or water borne craft improperly moored or not kept pumped and is in danger of sinking or causing damage to other craft or City or State property. 2 (h) SEWARD HARBOR AREA: All salt water or tide water lying within the corporate limits of the City of Seward. 2 (i) SEWARD MUNICIPAL SMALL BOAT HARBOR: That area of water protected by breakwaters constructed by the Federal Govermnent and by the mean higher high water of the shoreline of the areas protected by said breakwaters, including docks, floats, berths and other mooring facilities as well as the uplands abutting said areas. 2 (i) SEWARD HARBOR UPLANDS: Those lands above HXGH WATER line which abut the Seward Harbor Facilities. 2 (k) TRANSIENT BOATS OR FLOAT PLANES: For the pur- pose and intent of this Ordinance "Transient Boats or Float Planes" shall mean those boats, water borne craft or float plane operating out of the Port of Seward and not having a rented or - 2 - r designated berth. 2 (1) VESSEL: Any boat, motor boat, ship, aircraft, when water borne, boat house, floats, scows, rafts, pile drivers, or any floating structure or object used for recreational, commer- cial, industrial or any other purpose upon the waterways, or moor- ing at any place in any waterway within the corporate boundaries of the City of Seward. 2 (m) VESSEL OPERATOR: Any person who is in actual physical control of a vessel as defined herein. 2 (n) WATERWAY: Any waterway, lake, river, tributary or lagoon within the corporate limits of the City of Seward. SECTION 3: EXERCISE OF COUNCIL POWERS: This Code shall be deemed an exercise of the powers of the City Council of The City of Seward, Alaska, for the protect- ion, safe-guarding, orderly moorage and control of vessels, and for the protection and general welfare of the public, and all of its provisions shall be liberally construed for the accomplish- ment of that purpose. SECTION 4: AUTHORITY TO BOARD: The use of any City-owned or operated mooring facility or waterway lying within the corporate limits of the City of Seward, Alaska, automatically gives permission to the City per- sonne1 to board vessels for the purpose of enforcing this and other City Ordinances, and to move said vessel as necessity or emergency requires. The City assumes no liability for loss or damage to vessels, equipment, appurtenances, tackle, provisions, mooring lines, or any gear, supplies or any article attached or related to said vessel or for the movement thereof. SECTION 5: DUTY OF BOAT OWNER: Every act or statement required to be made by a vessel owner or agent of such owner shall be made by the owner in person, or if by any agent the necessity thereof shall be stated and shown, provided that the operator or captain of any vessel shall, for the purpose of this Ordinance, be considered the legal _ ':l _ .,",',- agent or owner. It shall be the duty of the operators of all vessels using the facilities in the Seward Boat Harbor to register with the Harbor Master giving the name and owner and other infor- mation as may be required. SECTION 6: MOORING CHARGES: A schedule of mooring charges shall be established by Resolution of the City council of '!'he City of Seward, Alaska, and shall be subject to review as occasion demands. The Harbor Master shall keep an up to date list of all charges posted in the office at all times. SECTION 7: SERVICE FEES: Fees for services performed by the Harbor Master shall be established by the City Council and shall be subject to review as occasion demands. '!'he Harbor Muf:er shall maintain an up to date listinq of all charges posted in the Harbor Masters Office at all times. SECl'ION' a: LIENS: All fees and other approved charges, due and unpaid, shall become a lien against the boat or vessel. SECTION 9: HARBOR MAS'l'ER: A Harbor Master, under the direction of the Chief of Police or the City Manager, shall supervise and manage all Harbor facilities operated by The City of Seward. He shall be a ID8Dber of the Seward Police Department and shall have authority and jurisdiction throughout the City of Seward the same as other Police Officers. Be shall maintain such recorda as the City Manager may require and submit same to the City Manager's office. PC'l'ION' 10: ENFORCEMENT OF ORDI1l1ANCES: '!'he Harbor Master is charged with the duty of enforcinq all of the provisions of this Ordinance, and any rules or regula- tions adopted. hereunder, and is hereby empowered to do so. In the performance of such duties he shall have all of the powers of a Police Officer of The City of Seward. - 4 - r SECTION 11: RESTRICTION AS '1'0 SPEED: It shall be unlawful for the owner or operator to navigate any vessel at such speed within the waterway that there is wake, wash or wave action which will damage, endanger or cause undue distress to any other boat or occupant thereof regardless of established speed limits. Harbor speed limits shall be posted in the small Boat Harbor. SECTION 12: REC:KLESS OPERATION: No person shall operate a vessel in a reckless manner so as to endanger, or be likely to endanger, life or property or any person or object in the waterway. SECTION 13: U. S. COAST GUARD REGULATIONS: No person shall operate a vessel within the waterway which does not meet all applicable requirements of the u.S. COast Guard. The U. S. Coast Guard rules and regulations are hereby adopted as a part of this Ordinance the same as if they were specifically printed in this ordinance. SECTION 14: OPERATING UNDER INFLUENCE OP ALCOHOLIC BEV- ERAGES AND NARCOTICS: No person shall operate a vessel in any waterway ~ile under the influence of intoxicating liquor, narcotic drugs or opiates. SECTION 15: AUDIBLE SIGNAL USE: No person shall use any siren, whistle, horn or other noise producing or noise amplifying device, on a vessel, in such a manner that the peace, property and good order of the neighbor- hood is disturbed. Provided, however, that nothing in this Ordin- ance shall be construed' to prohibit the use of whistles, bells or horns as signals as required by the U. S. Motor Boat Act or other federal law, or Coast Guard regulation for the safe naViga- tion of the vessel or persons thereon. SECTION 16: TAMPERING wrm FACILITIES AND APPtJR'l'ENANCES PROHIBITED: No person shall tap, connect, disconnect, interfere - 5 - r with any water outlet, water pipe, water connection, telephone equipment, electrical outlet, or electrical device of any kind in stalls maintained or operated by The City of Seward in the Seward Harbor without first having obtained the permission of the Harbor Master: or to interfere with or tamper with any wharf, float, gang plank, ramp or any facility operated by The City of Seward. No person shall write or post any written or printed matter in any place within the Seward Harbor except upon the bullet- in boards constructed for such purpose and then only after having obtained permission from the Harbor Master, which permission shall be in writing and signed 'by the Harbor Master. SECTION 17: UNATTENDED FIRES PROHIBITED: No person shall leave any vessel within the Seward Harbor unattended while fire or flame is burning thereon, any such fire or flame shall be deemed unattended unless the owner or operator is within 100 feet of the vessel, or some person in attendance over the age of 18 years and capable of moving the vessel is aboard or within 100 feet of the same. SECTION 18: UNATTENDED ANIMALS PROHIBITED: No owner or person in charge of any dog or animal shall allow such dog or animal to run at large within the Seward Small Boat Harbor. SECTION 19: HARBOR UPLANDS: No person shall use any portion of UPLANDS abuting the SEWARD HARBOR for purposes of storage of equipment, boats, trailers or other appurtenances without first having secured the permission to do so, in writing, from the Harbor Master, except those areas designated and posted with signs giving such designa- tion. Such permission shall give dates permission is granted, purposes for which permission is granted and all conditions under which permission was approved. SECTION 20: SPORT FISHING PROHIBITED: No person shall sport fish from any dock, float, ramp or any mooring facility operated by The'City of Seward located - 6 - within the breakwater protecting the Small Boat Harbor. SECTION 21: SEAPLANE RAMP: A seaplane ramp is provided for the non-exclusive use of transients and local aircraft without charge. When all avail- able ramp space is occupied, aircraft must obtain mooring space other than on or adjacent to mooring space provided for vessels other than air craft. SECTION 22: LIMITATIONS: Any vessel exceeding in overall length or draft which as a result thereof shall endanger itself or other property shall enter the Seward Small Boat Harbor at owner's risk: the City being saved harmless in the event such vessel is damaged by touching bottom, or floats, or docks, or other property within the Seward Small Boat Harbor. SECTION 23: FLOAT ASSIGNMENT: Float assignments and other mooring spaces shall be designated by the Harbor Master and his decision shall be final. The Harbor Master shall maintain an up to date Berth Assignment Record at all times. SECTION 24:' SKIFFS TIED ALONGSIDE OR ASTERN: No vessel moored within the Seward Small Boat Harbor shall have a skiff, scow, raft or any other vessel tied alongside or astern or ahead except when actually in use for effecting re- pairs or maintenance upon the vessel. SECTIO~J 25: SERVICES OF THE HARBOR MASTER: The Harbor Master is hereby granted the power and authority to, from time to time as circumstances require, and with- out any obligation or liability on his part or that of the City for his failure to do so, replace defective mooring lines, attach additional mooring lines, pump vessels which are in a dangerous condition for lack thereof, and to move any boat for the purpose of protecting such boat from fire or other hazard or for the pro- tection of other vessels or property therefrom. Whenever the Harbor Master shall perform or cause to be performed any of the - 7 - ~- actions herein above authorized or other emergency actions, after having given notice to the boat owner or operator at the registered address of the immediate need thereof, or having attempted to give such notice within the time limits prescribed, a fee as establish- ed by Resolution of the city Council shall be assessed to said boat owner and shall become a lien upon such boat until paid. SECTION 26: GRIDIRON: The Gridiron in Seward Municipal Small Boat Harbor is open to the public on a first come-- first served basis, in accordance with a list maintained by the Harbor Master. Gridiron rental rates shall be established by Resolution of the City Coun- cil and shall be subject to review as occasion demands. No per- son shall affix his vessel to the Gridiron or appurtenances there- to without first having obtained written permission from the Harbor Master. SECTION 27: FLOATS AND DOCKS: All floats, docks, ramps and approaches thereto shall be kept free and clear of any objects or items that are not appurtenances to the floats, docks, ramps and approaches thereto. Any such items found on the floats, docks, ramps and approaches are subject to impoundment. Impounded items will be released after proof of ownership and payment of the impounding fee as established by the City Council. Items not claimed within six (6) months after impoundment may be sold by the City and the proceeds of such sale shall be deposited in the Seward General Fund. SECTION 28: GARBAGE DISPOSAL: No person in charge of or occupying any vessel shall dump or throw garbage, paper, bottles, cans, refuse or any debris or jetsam into the waters or onto the floats of the Seward Munici- pal Small Boat Harbor. The Harbor Master shall provide garbage containers of sufficient size and number and located on the load- ing dock or near the loading dock or approach ramps to the floats for collection by the garbage contractor. u 8 - ~ --- -. ---. .--- SECTION 29: PUMPING OF BILGES PROHIBITED: No person shall pump bilges containing oil or garbage within the confines of the Seward Municipal Small Boat Harbor. SECTION 30: CLEANLINESS OF FLOATS: Owners or persons in charge of or occupying any vessel shall at all times keep the floats and premises adjacent to such vessel in a neat and orderly condition, free from trash, refuse, garbage, repair parts, machinery, equipment and debris of all kinds, and no inflamable materials shall be stored or placed in any position that will endanger facilities or equipment. SECTION 31: INFLAMABLE MATERIALS: Owners or persons in charge of any boat or water borne craft moored in, or being serviced in the Sewarp Municipal Small Boat Harbor, shall at all times use extreme caution while using inflamable materials such as paint remover, gasoline or other combustible or inflamable items. No reserve supply of gaso- line shall be stored on any float, ramp or approach in the Seward Municipal Small Boat Harbor and neither shall empty gasoline drums or containers of any type be left on any float, ramp or approach. SECTION 32: FLOAT BUMPERS: It shall be unlawful for any person to attach any float bumper to any facility in the Small Boat Harbor, without first having secured the permission of the Harbor Master. Bumpers shall be installed in compliance with plans and specifications available in the Harbor Masters office and all bumper materials shall be of approved type. SECTION 33: LOADING DOCK: The loading dock in the Seward Municipal Small Boat Harbor is open to the public: moorage at said dock is limited to the period of loading and unloading operations only. SECTION 34: REFUSAL: The Harbor Master may, in his discretion, when the mooring facilities are crowded, refuse mooring facilities to boat - 9 ~- houses, floats, scows, rafts, pile drivers and other cumbersome floating structures, or to any boat, vessel or floating structure which is or may become or create a fire hazard or otherwise become a menace to the safety and welfare of other boats and their occu- pants. In the allocation of mooring spaces the Harbor Master shall give preference to local boats. SECTION 35: CITY MAY REFUSE MOORING FACILITIES: The City of Seward may refuse moorage facilities to violators of this code or persons in arrears of authorized fees and charges. SECTION 36: VIOLATIONS CONSIDERED MISDEMEANORS: Any person found guilty of a violation of this Ordin- ance shall be punished by a fine of not more than Three Hundred ($300.00) Dollars or thirty (30) days imprisonment: or by such fine and imprisonment. SECTION 37: EFFECT OF INVALIDITY: If any provision of this code or the application there- of to any person or circumstance is held invalid, the remainder of the code and the application of such provision to other per- sons or circumstances shall not be affected thereby. SECTION 38: EXISTING ORDINANCES REPEALED: Existing Ordinances in conflict herewith are hereby repealed. SECTION 39: EFFECTIVE DATE: In order to enable the City to immediately provide the benefits of athis Ordinance, an emergency is hereby found to exist affecting the proper and immediate preservation of the public peace, welfare, health and safety, and this Ordinance shall become effect- ive immediately upon its passage and publication as required by law. Publication of this Ordinance shall be made by posting a copy hereof on the City Hall bulletin board and by publishing a notice of the place of posting and a brief statement of the purpose of this Ordinance in a newspaper of general circulation - 10 - r in the City within a reasonable time. PASSED AND APPROVED b~ the City Council of The City of 't:t" (J Seward, Alaska. this I %. day of ------.d/ 7;;~--y? Lt'A--> , 1967. Attest: ~r'p/ r u~rh~ Beatrice E. Watts City Clerk-Treasurer .. 11 -