Chapter 12.40
MISCELLANEOUS PROVISIONS

Sections:

12.40.010    Offenses and penalties.

12.40.020    Definitions.

12.40.010 Offenses and penalties.

(a) No person may intentionally fail or refuse to comply with a lawful order of the port director.

(b) Each failure to comply with this title, the rules and regulations of the port of Nome, or any lawful order of the port director shall be deemed a civil and a criminal violation and shall subject the violator to a civil penalty payable to the city of no greater than five hundred dollars plus any surcharge required to be imposed by AS 12.55.039 per violation and shall subject the violator to a criminal penalty to be imposed in accordance with the Alaska Statutes governing criminal penalties for offenses classified “violations”, including any surcharge required to be imposed by AS 12.55.039.

(c) Each hour of any continuing offense shall constitute a separate violation.

(d) The city may enforce compliance with these ordinances and the rules and regulations of the Nome port and orders of the port director through an action seeking injunctive relief.

(e) The penalties described above are in addition to, and do not limit, any additional legal recourse available to the city.

(f) Each and every offense against this title, rules and regulations of the port of Nome and orders of the port director shall entitle the city, by order of the port director, to eject, remove or require the removal of any vessel from the port. (Ord. O-99-11-3 § 25, 1998: Ord. O-93-6-6 § 1 (part), 1994)

12.40.020 Definitions.

As used in this chapter:

“Port director” means the director of the port or a designee.

“Port of Nome,” “Nome port,” or “port” means and includes all tide and submerged lands owned, occupied, managed or administered by the city of Nome within and beyond the municipal boundaries, all navigable waters above tide and submerged lands owned, occupied, managed or administered by the city of Nome within or beyond the municipal boundaries, all parcels of real property contiguous to mean high tide line of the Bering Sea, the Snake River and its tributaries, and all lands within the jurisdiction of the city of Nome coastal management regulations.

“Tariff charges” means those charges included in the current port of Nome terminal tariff, as well as all rules and regulations for the operation and administration of the port of Nome.

“Terminal and transportation facilities” means docks, wharves, bulkheads, seawalls, landfills, warehouses, staging areas, pipelines and pipeline terminals, transfer spans and aprons, lifting equipment and similar structures together with the necessary equipment and facilities required to accommodate waterborne commerce and shipping located within the port of Nome.

“Vessel” means any type of ship, boat or navigable structure suitable for the transportation of property or persons, and the owner and master thereof. (Ord. O-93-6-6 § 1 (part), 1994)