Title 13
PORT AND HARBORS

Chapters:

13.02 General Provisions

13.04 Definitions

13.06 Charges/Fees

13.08 Reserved Mooring Stalls

13.09 Anchoring

13.10 Float Regulations

13.12 Enforcement

NOTE: Footnotes are numbered throughout the text and are located at the end of this title.

Chapter 13.02
GENERAL PROVISIONS

Sections:

13.02.010 Purpose.

13.02.020 Harbormaster.

13.02.030 Port and harbors commission.

13.02.040 Jurisdiction limits.

13.02.010 Purpose.

The purpose of these regulations is to provide for orderly development, management, protection, safety and efficient use of all harbor spaces and port facilities within the municipal harbor system by commercial vessels, government vessels, pleasure vessels and the boating public. By the mooring of any vessel within the harbor system, the owner, operator, or master of any vessel agrees to follow the rules and requirements of all the provisions within this title. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.02.020 Harbormaster.

There is created a port and harbors department which will be operated under a harbormaster and staff. The harbormaster will have supervision responsibility and authority to administer all city and borough owned or operated floats, harbor spaces and port facilities, subject to supervision by the city and borough administrator. The harbormaster will have the powers to assign to all vessels, aircraft and other waterborne structures; places for docking, berthing, mooring and anchoring within the floats and docks and within all water area in the designated harbor system and to reassign any such stall or space should conditions warrant the same. The harbormaster will have the municipal police powers in the enforcement of this title and places within the harbor system but the use of said power is limited to the harbor system unless specifically designated and authorized by the chief of police. It is illegal to moor, dock or anchor in any area within harbor jurisdiction unless specifically authorized by the harbormaster. The harbormaster will have the authority to issue harbor tickets and to impound or seize any vessel within the system for improper moorage activities or dead storage. Without any obligation or liability on the harbormaster’s part or that of the municipality for his failure to do so, or duty to do so, the harbormaster may replace defective mooring lines, pump boats which are found in a dangerous condition, move any boat found endangering other vessels or raise any sunken vessel found to be endangering others. The harbormaster will have the authority to board, inspect for Title 13 infractions and require compliance prior to the vessel owner continuing the activity that resulted in the infraction. (The responsible boat owner will be billed actual costs associated with any emergency services.) (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.02.030 Port and harbors commission.

There exists a port and harbors commission consisting of seven members who act as an advisory body to the assembly on matters concerning the harbor system. Their duties will include: working with the harbormaster and administrator planning for new harbors; evaluating needs for harbor services; examining and updating harbor ordinances; review of current harbor operations and annual budgets; recommending priorities, moorage rates and other charges; receiving and evaluating formal and informal advice on harbor operations from citizens and preparing a yearly report to the assembly on the status of the municipal harbor system. The commission will meet nine times per year with additional meetings as needed at the discretion of the chairperson. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.02.040 Jurisdiction limits.

The geographic boundaries of jurisdiction for the harbormaster will be: that area seaward of the western shore of Baranof Island from the south end of Crescent Harbor to the southern point of the Sitka Airport runway, then continuing north and east along the southerly and easterly shores of Charcoal and Alice Island and continuing northerly and westerly along the easterly shore of Japonski Island to the northwesterly side of the breakwater established in Western Anchorage. Then continuing north and easterly along said breakwater to the westerly shore of Baranof Island, thence continuing southerly and easterly along the shores of Sitka Channel through Crescent Harbor and back to the point of beginning, including Sitka Channel and the Western Anchorage area to the breakwater. Within these geographic confines are contained the municipally owned or operated Crescent Harbor, Sealing Cove Harbor, ANB Harbor, Seaplane Float, Thomsen Harbor, Japonski work float, as well as any and all other public spaces, parking lots, ramps, restrooms, docks or port facilities. (See jurisdiction map, Exhibit A, set out at the end of this title.) The harbormaster shall have the authority to post such signs as are necessary to facilitate the safe and orderly movement of vessels, vehicles and pedestrians. (Ord. 04-21 § 4 (part), 2004: Ord. 97-1445 § 4(A), 1997; Ord. 96-1394 § 4 (part), 1996: Ord. 96-1366 § 4 (part), 1996.)

Chapter 13.04
DEFINITIONS

Sections:

13.04.010 Anchor.

13.04.020 Charter/vessel for hire.

13.04.030 Derelict.

13.04.040 Dinghy/lighter.

13.04.050 Distress.

13.04.060 Emergency.

13.04.070 Harbor.

13.04.080 Harbormaster.

13.04.090 Hot berth.

13.04.100 Liveaboard.

13.04.110 Moor.

13.04.120 Nuisance or hazardous.

13.04.125 Permanent transient.

13.04.130 Person.

13.04.140 Qualifying interest.

13.04.150 Stall.

13.04.160 Transient vessel.

13.04.170 Transfer of cargo.

13.04.180 Traffic lanes.

13.04.190 Vessel.

13.04.200 Vessel seaworthiness.

13.04.210 Vessel length.

13.04.220 Waterborne structures.

13.04.010 Anchor.

“Anchor” means to secure a vessel to a bed or body of water by dropping a weighted ground line or tackle or by use of a buoy or other means to prevent more than a measurable movement of the vessel. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.020 Charter/vessel for hire.

“Charter/vessel for hire” means any vessel licensed to carry passengers for hire; “bare boat” is a boat rented with or without crew or operator. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.030 Derelict.

“Derelict” means any vessel which is or reasonably appears to be forsaken, abandoned, deserted, cast off, unsound, unseaworthy or unfit for its use or occupation. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.040 Dinghy/lighter.

“Dinghy/lighter” means a small vessel normally carried aboard a larger vessel or towed as a life boat or tender. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.050 Distress.

“Distress” means a state of disability or a present or obvious imminent danger which if unduly prolonged could endanger life or property. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.060 Emergency.

“Emergency” means a state of immediate danger to life or property in which time is of the essence. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.070 Harbor.

“Harbor” means all waters, tidal areas and adjacent uplands areas, together with all facilities of a port or maritime nature publicly owned that are primarily used by or for the service of vessels, including docks, pilings, ramps, hoists, parking areas, leased water areas, concessions and/or service facilities located within. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.080 Harbormaster.

“Harbormaster” means the individual described in Section 13.02.020 and any assistant harbormaster or other person designated to act in the harbormaster’s place. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.090 Hot berth.

“Hot berth” means the practice of allowing a vessel to temporarily occupy a stall or space not reserved to said vessel. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.100 Liveaboard.

“Liveaboard” means any vessel used by one or more persons as a primary residence while moored in the Sitka harbor system, which meets the following requirements. A liveaboard vessel must comply with all requirements imposed on any vessel moored in the harbor system including the requirement that the vessel be powered by an engine of sufficient size to propel the vessel at a speed allowing normal steerage and to maneuver out of and into the harbor. A liveaboard vessel must be registered as such with the harbor department. A liveaboard vessel must have a safe heating system, and food preparation system, and berthing accommodations for all occupants. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.110 Moor.

“Moor” means to secure a vessel by the use of lines to a dock, pier or other object providing a more secure fastening to a particular location than by anchoring. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.120 Nuisance or hazardous.

“Nuisance” or “hazardous” means a derelict or a vessel which is not kept and regularly pumped free of excess water inside its hull, or is submerged, or which constitutes a fire, health, safety or navigation hazard. A vessel is presumed to constitute a “nuisance” if: the vessel is sunk; in immediate danger of sinking; obstructing a waterway; endangering life or property; the vessel has been moored or otherwise left in the harbor and has expired vessel registration numbers; the registered owner no longer resides at the address listed on same registration or other marine documentation papers, or the last known registered owner disclaims ownership and the current owner cannot be determined, or if other means of identification have been obliterated or removed in a manner which precludes identification; or if the vessel does not clear the harbor, under its own power, at least four times per year. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.125 Permanent transient.

“Permanent transient” means a vessel which is on the wait list (Section 13.08.040). The vessel will not have a permanent stall assignment but will be provided moorage and be billed for permanent moorage under Section 13.06.010. (Ord. 04-21 § 4 (part), 2004: Ord. 99-1531 § 4A, 1999.)

13.04.130 Person.

“Person” means any natural person, individual, married couple, partnership, corporation or governmental agency. A corporation and natural person or individual will be considered the same person if the natural person has control over the former. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.140 Qualifying interest.

“Qualifying interest” in a vessel means the interest of a person who owns the vessel, or under provisions of 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 to another, seasonally or permanently, thereby relinquishes exclusive control over the use and operation of said vessel and ceases to have a qualifying interest in said vessel. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.150 Stall.

“Stall” means a place to moor individual vessels in the harbor. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.160 Transient vessel.

“Transient vessel” means any vessel occupying space in the Sitka Harbor system for which a regular reserved stall has not been assigned. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.170 Transfer of cargo.

“Transfer of cargo” means all types of loading, unloading, transfer and/or containerization of any

type of cargo including, but not limited to, fish, shellfish and other seafood products thereof. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.180 Traffic lanes.

“Traffic lanes” (navigation lanes) means those areas specifically set aside for movement to and from other locations and which will be kept open, free of obstructions and not for use for anchoring or mooring. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.190 Vessel.

“Vessel” means any ship, boat, skiff, barge, dredge and craft of every kind or description, whether used for commercial or pleasure purposes, which is on the water and is capable of being used as a means of transportation on or through the water, excluding seaplanes. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.200 Vessel seaworthiness.

“Vessel seaworthiness” means a state of readiness or safety which all vessels moored or docked in the Sitka Harbor system must meet including the following criteria:

A.  Be capable of getting underway under its own power at all times;

B.  Meet all U.S. Coast Guard requirements;

C.  Be a watercraft constructed and maintained for the primary purpose of navigating the waterways of Alaska and not solely for the specific purposes of maintaining a stationary place of residence, floating storage, shop, office or other nonnavigational purposes;

D.  Any vessel found to be in violation of the above requirements shall be given ninety days to comply. Noncompliance shall result in the cancellation of moorage and/or removal from the harbor system.

(Ord. 04-21 § 4 (part), 2004: Ord. 97-1445 § 4(B), 1997; Ord. 96-1366 § 4 (part), 1996.)

13.04.210 Vessel length.

The method of determining vessel length within the harbor system: Vessel length will be computed as the actual overall length of any vessel, including bow sprits, outboards or other extensions. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.04.220 Waterborne structures.

“Waterborne structures” means other than a vessel. Examples include but are not limited to barges, float houses, or other, usually unpowered, structures. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

Chapter 13.06
CHARGES/FEES

Sections:

13.06.010 Moorage charges and fees.

13.06.020 Review of charges.

13.06.030 Nonpayment.

13.06.040 Unpaid stalls.

13.06.010 Moorage charges and fees.

There is established, determined, and levied upon all vessels and waterborne structures moored, tied to, or in any other way attached by rope, cable, gangplank or other means to any float, piling, dock, mooring buoy or other harbor improvement which is owned, constructed, maintained or operated by the city and borough of Sitka, a rental charge for the privilege and use of such facilities. The charges and fees set forth in this section shall be reviewed annually by the port and harbors commission in the month of January. The administrator and municipal clerk shall each be responsible for ensuring that such review is put as an item on the commission’s agenda for a meeting in January of each year. The rental charges for each vessel or waterborne structure will be imposed and levied upon and collected from the owners, operators, or masters of all such vessels and waterborne structures at the following monthly rates according to the classification set forth in the following schedule:

A.  Permanent Moorage. One dollar and seventy-five cents per foot per month (or portion thereof) of overall vessel length, or stall length, whichever is greater, payable in advance quarterly, semiannually or annually, but not to exceed one year. The permanent moorage charge will increase by fifteen cents per foot per month, beginning October 1st, starting in 2006.

B.  Transient Moorage. Vessels below eighty-one feet in length will be charged at a rate of thirty-five cents per foot per day. If billing is required, the moorage fee will be seventy cents per foot per day. The rate per foot for vessels eighty-one feet to one hundred fifty feet in length will be sixty cents per foot per day. If billing is required, the moorage fee will be one dollar and twenty cents per foot per day. The rate for any vessel greater than one hundred fifty feet in length will be ninety cents per foot per day. If billing is required, the moorage fee will be one dollar and eighty cents per foot per day. In any event, moorage is calculated by overall vessel length. All bills must be paid in advance or prior to departure and by month’s end.

C.  Liveaboard Vessels. Liveaboard vessels will pay the regular monthly mooring fee. In addition, they will pay the minimum residential user’s fees for garbage, water, and sewer on a monthly basis.

D.  Monthly Transient Permits. For vessels up to one hundred fifty feet in length the monthly permit fee will be assessed at a rate of six dollars per foot of overall length. For vessels one hundred fifty-one feet and longer the monthly permit fee will be assessed at a rate of nine dollars per foot of overall length. Each additional month of moorage will be collected in advance and will not be refundable should the vessel leave the community prior to the end of the thirty-day period.

E.  Vessels on the wait list shall be charged one dollar and seventy-five cents per foot (or portion thereof) of the overall vessel length, per month, payable in advance, quarterly. Payments will be nonrefundable. If a person is delinquent in the payment of moorage for more than thirty days, the vessel will be removed from the wait list and returned to regular transient status.

F.  Transient Electricity. The fee for using an electrical meter other than a meter in the vessel owner’s name will be five dollars per day for thirty amp service. For fifty amp service and above, the fee will be as follows: a ten-dollar in and ten-dollar out meter reading fee plus the cost of the electricity used.

G.  Tour Ship Lightering Fees. The fee for the use of the lightering floats will be:

1.   Six hundred and sixty dollars per ship, per day for the 2006 through 2009 seasons.

2.   Future lightering fees will be negotiated prior to the 2010 season.

H.  Airplane Float Fees. Fees will be fifty dollars per month for aircraft mooring at the airplane float. A transient aircraft fee of five dollars per day or a thirty-day permit for one hundred dollars will be assessed. It is unlawful for any boat to moor at, or in any way obstruct, the airplane float.

1.   The fee for use of the floatplane facility (airplane float) by commercial aircraft is two hundred dollars per year. This fee shall be in addition to the fee for use of the airplane float for aircraft mooring set out in this subsection.

I.  Summer Recreational Vehicle/Boat Trailer Parking Fee. The rate is twenty dollars plus sales tax per calendar day per stall.

J.  Winter Recreational Vehicle/Boat Trailer Park Storage Fees. The rates are as follows for winter storage (October 1st through March 31st) at Sealing Cove recreational vehicle/boat trailer park, based on the overall length of the recreational vehicle, boat trailer, or motor vehicle:

1.   Daily rate of fifteen cents per foot per day;

2.   Monthly rate of three dollars and ten cents per foot per month;

3.   Winter seasonal rate (October 1st through March 31st) of sixteen dollars per foot;

4.   A two hundred dollar deposit will be collected before any vehicle is stored, to be refunded whenever the vehicle is moved out.

K. Grid Fee. The fee for use of the harbor grid is ten dollars per day per vessel.

L. Launch Ramp Fees. The fee for the use of a launch ramp is as follows:

1.   Daily rate of ten dollars per day; or

2.   Annual rate of seventy-five dollars per year for an annual permit.

(Ord. 07-01 § 4 (part), 2007; Ord. 06-15 § 4, 2006; Ord. 06-10 (A-1) § 4(A), 2006; Ord. 05-12 § 4(A), 2005: Ord. 04-21 § 4 (part), 2004: Ord. 03-1726 § 4, 2003; Ord. 02-1708 § 4, 2003; Ord. 00-1569 § 4, 2000; Ord. 99-1552 § 4, 1999; Ord. 99-1531 §§ 4A–4E, 1999; Ord. 96-1394 § 4 (part), 1996; Ord. 96-1366 § 4 (part), 1996.)

13.06.020 Review of charges.

The rates stated in this title are determined to be fair, just and reasonable rates. All rates charged or assessed by the harbormaster will be paid by the owner, master or other person having charge of the vessel, but will be subject to review for fairness by the municipal administrator. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.06.030 Nonpayment.

It is unlawful for any person to moor, berth, tie, attach or in any other manner connect to any harbor improvement or facility with any vessel or airplane, for a period not to exceed one day, without paying the prescribed rental charges previously listed. Any delinquent personal property tax or sales tax on a vessel will be paid prior to any mooring or being placed on a municipal waiting list. A late or penalty fee will be assessed after thirty days, if in arrears, as prescribed by the municipal code. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.06.040 Unpaid stalls.

If the applicable moorage fees have not been paid by the date due, following delinquent notification within thirty days, the harbormaster may declare the stall released and it may be reassigned to the next person on the waiting list for that appropriate sized boat. (Ord. 04-21 § 4 (part), 2004: Ord. 97-1445 § 4(C), 1997; Ord. 96-1366 § 4 (part), 1996.)

Chapter 13.08
RESERVED MOORING STALLS

Sections:

13.08.010 Registration required.

13.08.020 Reserved moorage.

13.08.030 Moorage space assignments.

13.08.040 Waiting list.

13.08.050 Retention of a waiting list priority and stall transfer list fee.

13.08.060 Utilizing a reserved stall.

13.08.070 Stall—Sale of boat.

13.08.080 Transfer of reserved mooring.

13.08.090 Nonuse of a stall.

13.08.100 Transient vessels.

13.08.010 Registration required.

Every owner, master or managing agent of a vessel using the harbor, even temporarily, will be required to register with the office of the harbormaster within eight hours of entering the harbor system. Said registration will contain the following information: owner’s or managing agent’s name, address and phone number, the vessel’s name and home port, official documentation or state I.D. number, color, length, breadth and draft. If a different phone number or contact person is required for an emergency phone number or contact person it will also be listed. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.08.020 Reserved moorage.

Reserved moorage may be obtained, as available, at locations designated or assigned by the harbormaster. Reserved space will be assigned based on a waiting list which will be maintained in the harbor office and will be on a first-come, first-served basis determined upon the date the application was received, the type and size boat space required and the availability of such spaces. (Ord. 04-68 § 4, 2004: Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.08.030 Moorage space assignments.

Moorage spaces may be held in the names of individual persons, government agencies, educational institutions, and nonprofit organizations. Corporations may hold moorage spaces, however if a corporation is sold or taken over by another corporation, individual, or business entity the moorage space will be forfeit. Partners may hold a moorage space equally, but if the space holder wishes to add a partner’s name to the space assignment, the new partner must go on the wait list and will be added to the space assignment when his/her name comes up for assignment. Partnerships must be true partnerships and both names must be on the vessel documentation or registration. Should a partnership dissolve, it will be up to the partner retaining the moorage space to submit a release from the other partner indicating their agreement to the retention. The stall will then transfer to the individual retaining the stall. The harbormaster retains the right to review and obtain a copy if necessary of U.S. Coast Guard documentation papers of ownership or state of Alaska vessel title or registration. Moorage spaces may only be assigned to vessel owners. Lease vessels do not comply with the requirements of this title. Vessel owners may not lease their vessels and hold a moorage space after six months without the approval of the harbormaster. Any holder of a reserved mooring stall shall not sublease, rent, or in any other manner permit or allow any other vessel to occupy said space, unless specifically permitted and approved by the harbormaster for sufficient reason given. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.08.040 Waiting list.

There will be a moorage waiting list maintained by the harbormaster and displayed in the harbor office for public inspection. The list will be based on receipt of a nonrefundable administrative fee, equivalent to the first quarter’s mooring fee based on the overall length of the listed vessel. The nonrefundable administrative fee will not be applied to the first quarter’s moorage fee when a stall is assigned, unless the applicant paid the waitlist fee prior to February 15, 2007. All permanent moorage vacancies will be filled by the first applicant on the list who has a vessel of the required length, beam, electrical needs or other overall factors deemed by the harbormaster to be most suitable for the empty berth. (Ord. 07-01 § 4 (part), 2007: Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.08.050 Retention of a waiting list priority and stall transfer list fee.

An applicant who does not respond to a written notice sent by the harbormaster, by certified mail, to the last address in the files of the harbor department, will be removed from the waiting list. Upon accepting a stall assignment and payment of a twenty-five-dollar nonrefundable stall transfer list fee, the applicant may be placed on a stall transfer list for the same vessel. (Ord. 07-01 § 5, 2007: Ord. 04-21 § 4 (part), 2004: Ord. 02-1696 § 4, 2002: Ord. 96-1366 § 4 (part), 1996.)

13.08.060 Utilizing a reserved stall.

The municipality reserves the right to provide temporary moorage or “hot berthing” of another vessel within a reserved mooring space when said space is unoccupied. A holder of a reserved stall or space within the city and borough of Sitka harbor system should provide a usage plan to the harbormaster, if he/she knows he/she will be absent for any reasonable extended length of time more than twenty-four hours, giving his/her estimated time of departure and return. The stall holder will not have the right to designate any specific vessel to use the stall. Should the reserved stall holder return earlier than expected, the holder will contact the harbormaster, as early as possible, to facilitate time to remove the temporary vessel from the reserved space. If the harbormaster is not available, the reserved stall holder will moor at the transient area until he/she can contact the harbor department. The harbormaster will inform temporary users of any absent holder’s reserved mooring space that said use will continue only for the duration of the holder’s boat’s absence and that the harbormaster is authorized to move the temporary vessel to another location upon return of the holder’s boat. Any temporary stall user will therefore be required to keep the harbormaster notified of his/her whereabouts. Any boat owner desiring to moor temporarily in a reserved but vacant stall will apply to the harbormaster. No such stall or space will be utilized unless authorized and the appropriate fee is paid in advance. The boat owner temporarily assigned to a reserved mooring space will not utilize the utilities which may have been provided for the reserved stall holder unless authorized by the harbormaster. If electricity is used, the stall holder will be credited to his current usage for that month. Nothing in this section limits the harbormaster’s authority to move any moored boat to another location in the event of a fire or other emergency requiring such action. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.08.070 Stall – Sale of boat.

When a person sells his/her boat, he/she will notify the harbormaster within one week of the sale and state whether the stall will be released. A change of ownership occurs when a name is changed, added, or dropped from a vessel’s documentation. A stall is not transferable by the holder. Persons who sell their boat but intend to purchase another one which is of a proper size to fit into the existing stall may retain their stall for a period of up to six months. If, at the end of that time, they have not obtained ownership of another boat or furnished proof of intent to procure a boat within a reasonable extended period of time as determined by the harbormaster, the reserved space will be forfeited. Any such person wishing to retain the stall will be responsible for the continued mooring rate fee as established by Section 13.06.010. The fee will be based on the length of the stall plus ten feet. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.08.080 Transfer of reserved mooring.

Any person holding a reserved mooring space or a position on the approved waiting list may not transfer such space or list position to any other person except that a preferential annual slip assigned to a vessel may be retained if the transfer is between husband and wife, to a natural or legally adopted son or daughter or grandson or granddaughter or is legally inherited by a member of the owner’s family and documented as such to the satisfaction of the harbormaster. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.08.090 Nonuse of a stall.

If the owner of a vessel, to which a reserved mooring space is assigned, does not use that space or slip for at least three months of each calendar year, the reserved mooring space will be forfeited and the harbormaster will notify said owner, in writing. The harbormaster may waive this requirement, on a case-by-case basis, under exceptional circumstances such

as extended ocean voyages or major vessel repair. (Ord. 04-21 § 4 (part), 2004: Ord. 02-1697 § 4, 2002: Ord. 96-1366 § 4 (part), 1996.)

13.08.100 Transient vessels.

No transient vessel shall moor at ANB Harbor Float No. 4 for more than ten consecutive days except by special permission of the harbormaster. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

Chapter 13.09
ANCHORING

Sections:

13.09.010 Anchoring permits.

13.09.020 Anchored vessels and waterborne structures.

13.09.010 Anchoring permits.

A.  Any operator or owner of a vessel or waterborne structure that is anchored within the water area in the jurisdictional limits of the harbormaster as identified in Section 13.02.040 is required to apply for an anchoring permit from the harbormaster within twenty-four hours after anchoring. The anchoring permit shall be effective for no more than seven consecutive days unless an extended anchoring period is approved by the harbormaster. The anchoring location shall be specified on the permit application, and is subject to approval by the harbormaster.

B.  This chapter applies to vessels or waterborne structures that are anchored as defined in Section 13.04.010, but not to those vessels or waterborne structures that are moored as defined in Section 13.04.110.

(Ord. 06-46 § 4 (part), 2006.)

13.09.020 Anchored vessels and waterborne structures.

A.  Any anchored vessel must meet vessel seaworthiness requirements under Section 13.04.200, and not be a hazard or nuisance as defined by Section 13.04.120. Any anchored vessel that does not meet the vessel seaworthiness requirements or is a hazard or nuisance is subject to impound under Section 13.04.200(D) and other applicable enforcement actions under Chapter 13.12, is not eligible for any anchoring permit, and any issued anchoring permit shall be cancelled.

B. Any anchored waterborne structure may not be a hazard or nuisance under Section 13.04.120. Any anchored vessel that is a hazard or nuisance is subject to impound under Section 13.04.200(D) and other applicable enforcement actions under Chapter 13.12, is not eligible for any anchoring permit, and any issued anchoring permit shall be cancelled.

(Ord. 06-46 § 4 (part), 2006.)

Chapter 13.10
FLOAT REGULATIONS

Sections:

13.10.010 Notice to owners.

13.10.020 Dead storage.

13.10.030 Minimum-maximum length.

13.10.040 Vehicles and parking.

13.10.045 Vehicles prohibited.

13.10.046 Boat launch ramp and trailer parking.

13.10.047 Recreational vehicle park rules and regulations.

13.10.048 Recreational vehicle/boat trailer winter storage rules and regulations.

13.10.050 General requirements.

13.10.060 Harbor electrical system.

13.10.070 Notices – Billboards.

13.10.080 Distribution of commercial handbill and leaflets – Permit required.

13.10.090 Skiffs or secondary vessel mooring.

13.10.100 Pets within the harbor system.

13.10.110 Dumping trash into harbor prohibited.

13.10.120 Fires.

13.10.130 Liveaboards in Crescent Harbor.

13.10.140 Cleaning fish.

13.10.150 Storage prohibited.

13.10.160 Grid.

13.10.170 Gear/cargo loading float.

13.10.180 Work float.

13.10.185 Sealing Cove boat trailer area.

13.10.190 Airplane float.

13.10.195 Regulations for airplanes operating within the Sitka Harbor system.

13.10.200 Garbage facilities.

13.10.210 Children.

13.10.220 Swimming.

13.10.230 Restriction on offloading more than five hundred pounds of commercially caught raw fish in the harbor system.

13.10.010 Notice to owners.

By the mooring of any vessel within the Sitka harbor system, the owner, operator, or master of any vessel agrees to all of the provisions contained within this title. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.020 Dead storage.

It is declared that the city and borough of Sitka owned or operated floats, mooring spaces or other facilities have been installed and are operated for the convenience and use of fishermen and pleasure boat owners and are not for the purposes of providing a source of inexpensive alternative housing or dead storage. Moorage of any type of waterborne structure, houseboat, flatboat or barge is specifically prohibited. This prohibition extends to the entire area of jurisdiction of the harbor system but will exclude those fishing scows specifically owned or operated by on-shore cold storage plants which are brought into Sitka for maintenance or off-season storage only. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.030 Minimum-maximum length.

The minimum-maximum length of any boat or ship or any other object which moors at any city and borough of Sitka harbor float, will be based on the length of the stall. For stalls twenty feet to fifty feet in length, the minimum will be three feet under stall length and the maximum will be ten feet in excess of stall length. For stalls less than twenty feet there will be no minimum and the maximum length will be set by the harbormaster depending on the stall in question. This size restriction does not apply to the municipal port development area, Thomsen Harbor floating breakwater or other specific areas where

oversize packers, tour vessels or large visiting yachts are specifically permitted. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1394 § 4 (part), 1996: Ord. 96-1366 § 4 (part), 1996.)

13.10.040 Vehicles and parking.

No vehicle will be allowed or permitted to park on the approach to any float so as to obstruct said approach except as a necessary purpose of discharging passengers or freight. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.045 Vehicles prohibited.

It is unlawful for any person to ride a bicycle, motor scooter, motorcycle, skateboard, roller skates, roller blades, or other similar device on any municipal float. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.046 Boat launch ramp and trailer parking.

A.  The city and borough of Sitka boat launch facility shall be open to the public. It is unlawful to block access to either of the launch ramps at Sealing Cove or Crescent Harbor.

B.  Short-term parking is available for trailers. There is also a three-day and a ten-day area. The harbor department will issue citations and impound trailers that exceed the time limit.

(Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.047 Recreational vehicle park rules and regulations.

The facility is intended to service short-term visitors to Sitka. It is not intended to become a location for permanent occupants.

A.  The RV park is open annually from April 1st through September 30th. Occupancy is limited to a maximum of thirty consecutive days.

B.  The registration and fee shall be collected by harbor department personnel or park host and shall be paid in advance. (See Section 13.06.010(I) for fee.)

C.  Each occupant shall be responsible for keeping their assigned space neat and clean.

D.  No tents, wannigans, sheds, additions, or extensions to the RV, camper or trailer occupying the space are allowed.

E.  Recreational vehicles with holding tanks may dump free of charge at the municipal wastewater treatment disposal facility.

(Ord. 04-21 § 4 (part), 2004: Ord. 97-1445 § 4(D), 1997; Ord. 96-1394 § 4 (part), 1996.)

13.10.048 Recreational vehicle/boat trailer winter storage rules and regulations.

A. The recreational vehicle/boat trailer park at Sealing Cove will be open for winter storage of recreational vehicles, boat trailers, boats on boat trailers, and motor vehicles from October 1st through March 31st of each year.

B. No recreational vehicle, boat trailer, or motor vehicle may be stored or remain at the recreational vehicle trailer park unless:

1.   The recreational vehicle, boat trailer, boat on boat trailer, or motor vehicle has required license plate(s), current vehicle registration, and current license tags; and

2.   The recreational vehicle, boat trailer, or motor vehicle is operational.

C. Any recreation vehicle, boat trailer, boat on boat trailer, or motor vehicle not removed by March 31st will be impounded at the owner’s expense.

(Ord. 06-10 (A-1) § 4(B), 2006.)

13.10.050 General requirements.

The following rules are intended to minimize adverse effects on neighboring shore side properties adjacent to the harbors:

A.  To the extent allowed by safety considerations, harbor lights, all bright lights, including vessel deck lights will be directed away from the shoreline.

B.  The use of crab lights (sodium, mercury, crab, flood, etc.) is prohibited within the harbors and between the breakwaters and O’Connell Bridge between the hours of eight p.m. and seven a.m.

C.  The use of any sound system, public address and/or paging systems of any sort will be limited to the hours of seven a.m. and eight p.m. The performance of any vessel repairs requiring noisy activities, including the revving of vessel engines will be limited to the same hours. In case of emergencies contact the harbormaster.

(Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.060 Harbor electrical system.

The following regulations govern the use of electricity within the harbor system:

A.  Connections to any vessel moored within the municipal system are under the direction of the harbormaster and are subject to the following:

1.   Use of nonmarine battery chargers is strictly prohibited. All chargers used within the system must contain an isolator circuit or be run through an isolator so that no current is discharged into the municipal system.

2.   Use of extension cords, plugs, caps and other components between the vessel’s private system and the municipal shore side system will comply with the electrical code of the city and borough and be of a specific marine design recognized and approved by the city and borough of Sitka.

3.   Only heating lamps with porcelain type sockets may be used.

4.   Any onboard heater capable of causing a fire if overturned, must be equipped with a safety switch which will automatically disconnect the electrical power, if so overturned.

5.   Violation of any of the provisions of this section is punishable up to the maximum of five hundred dollars.

B.  The harbormaster will, by permission of vessel owner or agent, have the authority to enter any vessel connected to the municipal electrical system to inspect electrical equipment to assure compliance with this and other applicable codes. If permission is not granted, the harbormaster may disconnect said shore power from the offending vessel.

C.  It is unlawful for any person to interfere, tamper with, or connect any wires, plugs or other devices to any of the electrical wiring or electrical outlets upon any of the docks, floats or gangways maintained, constructed or owned by the city and borough of Sitka without the permission of the harbormaster.

D.  Violation of any of the provisions of this section is punishable up to the maximum of five hundred dollars.

(Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.070 Notices – Billboards.

It is unlawful for any person, firm or corporation to post any matter upon any bulletin board or to create any writing or printed material and post it to any float, piling, dock or any other portion of the municipal harbor system, except in those areas designated by the harbormaster. Any unauthorized material will be immediately removed by the harbormaster and destroyed. All material will be dated and is limited to thirty days. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.080 Distribution of commercial handbill and leaflets – Permit required.

Distribution of commercial handbills and leaflets is forbidden in harbor facility areas and in the adjacent public parking areas except in those locations designated by the municipality for such distribution. Persons intending to distribute commercial handbills and leaflets in the harbor area will be required to obtain a permit from the municipality. A condition for the issuance of such permits shall be that the permittee agree to clean up any discarded handbills and leaflets in the harbor area and adjacent parking lot areas at the end of each day. Failure to properly clean up the area may result in revocation of such permits by the administrator or his/her agent. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.090 Skiffs or secondary vessel mooring.

No skiff or other secondary vessel will be separately moored to the municipal harbor system except at a berth specifically assigned for moorage to the owner of that skiff and with appropriate fees paid. No floating skiff will be tied or otherwise moored to any other vessel moored to that berth in any way as to protrude into the passage lane to another berth or in such a way as to block passage from any other vessel. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.100 Pets within the harbor system.

Any dog, cat or other pet living aboard any boat in the Sitka harbor system, or crossing the floats to a vessel shall be subject to the entirety of Title 8 as enforcement guidelines and to include “three strikes and you’re out” rule. Any person who observes an animal defecating, spraying, exhibiting excessive aggressive behavior or otherwise creating a problem on the floats or another vessel other than where the animal originated which is not immediately corrected by its owner will:

A.  For an animal defecating or spraying, report the incident to the office of the harbormaster. An employee of the harbor department will contact the owner of the animal and explain the offense observed and prepare a written report for the record. In the case of an animal exhibiting excessive aggressive behavior, a “notice of potentially dangerous and dangerous dog” form will be completed by the harbor department and the animal control officer for the city and borough will be notified regarding this action.

B.  For a second incident with the same animal defecating or spraying, the harbormaster will prepare a citation and will inform the owner the pet will be subject to removal from the harbor system if the problem is not corrected. In regards to an animal exhibiting excessive aggressive behavior, a second offense involving such behavior will result in the issuance of a citation and the animal will be banned from the harbor system. The animal control officer for the city and borough of Sitka will also be contacted and provided with all the information in regards to a second violation for exhibiting excessive aggressive behavior.

C.  If the same animal is observed for the third time, defecating, spraying, or otherwise displaying improper behavior within the harbor system, a written letter will be sent to the owner declaring the particular animal is barred from the harbor system. The owner will be granted ten days to remove the animal, if existing on a liveaboard, or be prohibited from accompanying the owner to their vessel through the harbor system floats. Any owner having an animal barred from the harbor system may appeal the harbormaster’s decision to the administrator of the city and borough of Sitka. If not resolved, an appeal may be presented to the port and harbors commission, acting as a recommending body for the assembly. The assembly may then hear any additional appeal not resolved. As with any other appeal of an administrative decision, this may be appealed to a court of competent jurisdiction.

(Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.110 Dumping trash into harbor prohibited.

It is unlawful to:

A.  Dump offal, garbage or trash into any boat harbor, harbor uplands or associated tidelands;

B.  Abandon or leave old boats, hulks or wrecks within the Sitka harbor system;

C.  Spill, dump, discharge or in any other manner dispose of flammable waste such as gasoline, lubricating oil or other combustible liquids into any boat harbor, uplands, or associated tidelands;

D.  Leave or dispose of spoiled fish, bait, or gear on the city floats. Vessel owners will tend to their gear promptly after each commercial opening. Any failure to provide necessary cleanup action will be considered a nuisance.

(Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.120 Fires.

A boat owner is strictly liable for the damages caused by a fire originating in his vessel to any municipal floats or structures. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.130 Liveaboards in Crescent Harbor.

Limited liveaboards shall be allowed in Crescent Harbor, as permitted by the harbor department, based on criteria recommended by the port and harbors commission. It is also recognized that on an occasional basis, vessels moored in Crescent Harbor may desire to leave very early in the morning due to a fisheries opening. Owners will notify the harbormaster on those times when they feel they must nap on the boat in preparation for an early departure. (Ord. 07-26 § 4, 2007: Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.140 Cleaning fish.

It is unlawful to clean fish on any portion of a city and borough dock or float, except at designated fish cleaning stations. See Exhibit A, set out at the end of this title. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.150 Storage prohibited.

It is unlawful for any person to use any harbor for storage, on any floats, docks or gangways or any other portion of the municipal harbor system, of any pipes, nets, wares, merchandise, or gear of any sort or type without the permission of the harbormaster. Even when permission is given, it is for a specific, short length of time to facilitate gear changing, loading or other necessary activity and not as a convenient place of storage of personal items. Should a skiff or other item having value be found stored on the docks or floats in violation of this section, the harbormaster will impound said items and dispose of them as follows:

A.  They will be stored for thirty days.

B.  The owner will be notified, if known, by certified mail, that the items have been impounded and must be reclaimed within the thirty days, after paying reasonable storage and associated costs, or they will be subject to sale at the end of thirty days with the owner responsible for any unrecovered costs. Public and owner notification shall run concurrently.

(Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.160 Grid.

No boat more than thirty-five tons per bent will be allowed on the south grid. No boat more than six tons per bent will be allowed on the north end grid. If persons wishing to exceed the above limits wish to use the grid, they must contact the harbormaster for special consideration. Maximum time on grid is ninety-six hours. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.170 Gear/cargo loading float.

Unless other arrangements have been made with the harbormaster, the following rules apply to the gear/cargo loading float:

A.  The time limit on the loading float is two hours;

B.  Vehicle access shall be for vessels tied to the gear/cargo loading float only, when there is actual loading between vessel and vehicle;

C.  Parking is not for casual access to vessels tied in the harbor. Improper use of the gear/cargo loading float is unlawful.

(Ord. 04-21 § 4 (part), 2004: Ord. 97-1445 § 4(E), 1997; Ord. 96-1366 § 4 (part), 1996.)

13.10.180 Work float.

A year round work float is available for use and located on Sitka Channel across from ANB Harbor. The intent for this work float is gear work only. This float is equipped with water and electricity. No overnight moorage is permitted without the harbormaster’s permission. No storage of any gear, nets or materials is permitted without the harbormaster’s permission and only in case of an emergency. The Crescent Harbor, Float 4 work float is available for temporary winter moorage from September 15th until April 15th. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.185 Sealing Cove boat trailer area.

Parking of boat trailers in the Sealing Cove boat trailer area is limited to ten days. Changing parking stalls in the parking area shall not initiate a new ten-day period. A trailer must be removed from the parking lot for forty-eight hours before another ten days of parking may be allowed. The penalties for violation of this section and Section 13.10.180 shall be as specified in Chapter 11.40 for overtime parking. (Ord. 04-21 § 4 (part), 2004: Ord. 99-1537 § 4, 1999.)

13.10.190 Airplane float.

The municipal airplane float shall be administered and enforced by the harbormaster but subject to:

A.  Commercial operations shall be allowed at the municipal airplane float with the harbormaster’s approval and proper permitting in place until such time as a new floatplane facility is constructed or December 31, 2006, whichever is earlier. Such operations shall be charged an appropriate user fee.

B.  The municipal plane floats are for the use of active planes.

C.  Only repair and maintenance work of a minor nature shall be allowed on the float, which is defined as that work which would ordinarily be completed in one twenty-four-hour period. The harbormaster shall have discretion in enforcing this provision.

D.  It is unlawful for the owner or person in charge of any boat to moor it at any municipal plane float.

(Ord. 05-18 § 4, 2005; Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.195 Regulations for airplanes operating within the Sitka Harbor system.

Airplanes operating within the Sitka Harbor system shall:

A.  Follow international navigation rules while operating as a vessel (i.e., on the water);

B.  Not taxi on step in the channel except during take-off and landing. This is to be a no wake zone in affect in Sitka Channel from O’Connell Bridge to the rubble mound breakwater north of Thomsen Harbor;

C.  Use the take-off and landing corridor located on the southwest side of Western Anchorage, paralleling Japonski Island, from the government pier (USCG cutter Woodrush), out to the breakwater. Pilots have the option to use other areas when wind and weather conditions require, but must maintain adequate separation from vessel traffic. Approximately eighty percent of seaplane operations will be conducted in the designated area;

D.  Pilots are reminded not to fly within five hundred feet of any structures, except as necessary for take-off and landing. This includes the O’Connell Bridge.

(Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.200 Garbage facilities.

Objects too large to fit into the litter container shall be disposed of at the municipal landfill by the owner at his/her expense. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.210 Children.

Unless walking with or otherwise closely accompanied by parents or a responsible adult, it is unlawful for any child under the age of twelve to be on the city and borough owned floats, docks or wharves unless wearing a life preserver. Parents and guardians shall be responsible for compliance with this regulation. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.220 Swimming.

Swimming and diving (with the exception of authorized commercial scuba diving or snorkeling and special events approved by the administrator) from any city and borough of Sitka owned or managed float, dock, or wharf is prohibited. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.10.230 Restriction on offloading more than five hundred pounds of commercially caught raw fish in the harbor system.

The only place more than five hundred pounds of commercially caught raw fish taken by one vessel on one fishing trip may be offloaded in the harbor system is the city and borough-owned hoist. Anyone committing a violation of this section is liable for a fifty dollar fine unless either of the next two sentences applies. Anyone committing a violation after having been found to have committed a previous violation of this section is liable for a fine of one thousand dollars. Anyone committing a violation after having been found to have committed more than one previous violations of this section is liable for a fine of two thousand five hundred dollars. (Ord. 05-23 § 4, 2005: Ord. 04-48 § 4(B), 2004.)

Chapter 13.12
ENFORCEMENT

Sections:

13.12.010 General.

13.12.020 Negligent operation.

13.12.030 Reckless operation.

13.12.035 Speed limits.

13.12.040 Written warning.

13.12.050 Fines.

13.12.060 Impoundment.

13.12.065 Penalties for emission of soot from an oil stove in a vessel.

13.12.070 Notice to owner.

13.12.080 Right to hearing.

13.12.090 Hearing procedure.

13.12.100 Assembly oversight.

13.12.010 General.

Violations of any portion of this title will be subject to punishment as provided in this chapter. The harbormaster is granted the authority to issue citations, impound vessels and remove vessels from the harbor system either temporarily or permanently, under the provisions of this title. The owner of record or the person in charge of the vessel will be responsible for any and all infractions charged against his/her vessel. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.12.020 Negligent operation.

It is unlawful for any person in charge of a vessel to operate or propel the boat in a negligent manner. A person who operates a vessel in a manner which creates an unjustifiable risk of harm to any person or property and who, as a result of the creation of that risk actually endangers a person or property is guilty of negligent operation. That a defendant actually endangered a person or property is established by showing that, as a result of the defendant action, an accident occurred or evasive action was required or a person was forced to dramatically slow down or stop to avoid an accident or a person or property was otherwise endangered. The offense of negligent operation is a lesser offense than, and is included in the offense of reckless operation. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.12.030 Reckless operation.

It is unlawful for any person in charge of operating or propelling any boat within the Sitka Harbor system to do so in a reckless manner. A person who operates a vessel in a manner which creates a substantial and unjustifiable risk of harm to a person or property is guilty of reckless operation. A substantial and unjustifiable risk of harm to a person or property is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standards of conduct a reasonable person would observe in the situation. Any damage to other boats moored at floats in the harbor system will be prima facie evidence of reckless operation. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.12.035 Speed limits.

A.  It is unlawful for any person to operate any vessel or taxiing aircraft, except during takeoff and landing, in excess of the following speed limits:

1.   No person shall operate a vessel within the area between the Crescent Harbor breakwater entrance to the south tip of Aleutski Island to the south tip of Love Island and the north end of the channel at the rubblemound breakwater at a speed which produces a wake, wash, or wave action which may or could reasonably be expected to damage any other vessels or harbor facilities or create discomfort to an occupant by causing such other boats to yaw, pitch, shear or heave because of such wake, wash or wave.

2.   Three miles per hour within the inner harbors of ANB Harbor, Sealing Cove Harbor, Crescent Harbor, and Thomsen Harbor.

(Ord. 04-21 § 4 (part), 2004: Ord. 98-1484 § 4, 1998; Ord. 97-1445 § 4(H), 1997; Ord. 96-1383 § 4, 1996.)

13.12.040 Written warning.

If, at the discretion of the harbormaster, an infraction of the rules of the harbor system may be resolved with a written warning to the offending vessel owner, he may do so, with a copy for the harbor files. Said written warning will specifically spell out the infraction and notify the owner that further action will be taken if the offense is repeated or does not cease immediately. Any such written warning will be hand delivered or mailed by certified mail so proof of delivery is assured. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.12.050 Fines.

The maximum penalty will be five hundred dollars. Bail schedule and a standard penalty for violations will be as follows:

A.  Negligent operation of vessel: minimum penalty of one hundred dollars;

B.  Reckless operation of vessel: minimum penalty of two hundred dollars;

C.  The bailable amount for violations of the vehicle loading and unloading area regulations, not otherwise specified, shall be ten dollars for the first violation, twenty dollars for the second violation, and fifty dollars for the third and subsequent violations.

D.  All other violations: minimum penalty of fifty dollars. A person cited for a third violation of speeding, negligent operation or reckless operation shall be required to appear in court and if convicted shall be subject to a minimum fine of five hundred dollars.

(Ord. 04-21 § 4 (part), 2004: Ord. 97-1445 § 4(F), 1997; Ord. 96-1366 § 4 (part), 1996.)

13.12.060 Impoundment.

The harbormaster is authorized to impound a vessel under any of the following circumstances: the vessel is a derelict, nuisance or abandoned as defined in this title; the moorage or other fees imposed by the municipality are delinquent; the vessel is improperly located in violation of this title or the vessel is improperly or incorrectly identified. Impounded vessels will be processed by the harbor department as follows:

A.  The vessel will be stored.

B.  Notice will be given to the owner, if known, as impounded and that unless the vessel is reclaimed within thirty days of such notice by paying the impound storage and other costs in full, it will be sold and the owner or operator will be responsible for any unrecovered costs.

C.  After the expiration of the required notice period, the vessel will be sold at auction with the proceeds to be applied to impound, storage, and other associated costs. The owner or operator shall be liable for any unrecovered costs.

(Ord. 04-21 § 4 (part), 2004: Ord. 97-1445 § 4(G), 1997; Ord. 96-1366 § 4 (part), 1996.)

13.12.065 Penalties for emission of soot from an oil stove in a vessel.

Each owner and operator of a vessel in the harbor system shall take all reasonable measures to prevent the emission of soot from oil stoves. If a vessel’s oil stove emits soot that settles onto or touches another vessel, the owner or operator of the vessel from which the soot came shall face a correctional citation, and if not corrected shall pay a fine of fifty dollars for the first offense and a fine of one hundred dollars for the second offense within a one-year period. For a third or subsequent offense within a one-year period, the owner or operator shall pay a fine of three hundred dollars. The first and second offenses shall be bailable. A person cited for a third offense of emission of soot from an oil stove shall be required to appear in court. (Ord. 04-21 § 4 (part), 2004: Ord. 01-1655 § 4, 2001.)

13.12.070 Notice to owner.

The notice will contain: the name and/or official number of the vessel; the name and address, if known, of the owner, operator, master or managing agent; the reason for the impoundment, the actual date of impoundment and the reserved moorage space that will be forfeited when the vessel is impounded. The notice will be hand delivered or mailed, by certified U.S. Mail, return receipt requested, to the last known address. In addition, a copy of the same notice of impoundment will be physically placed on the subject vessel at the most logically appearing point of entry to the inside of the boat. A third copy will be posted in the harbormaster’s office on a visible bulletin board. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.12.080 Right to hearing.

The owner, operator, master or managing agent in lawful possession of a vessel given notice for impoundment has the right to an administrative hearing to determine whether there is just cause to impound the vessel. Any person desiring such an appeal must file a written request with the municipal clerk within ten days after mailing and posting of said notice. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.12.090 Hearing procedure.

The hearing will be conducted by the port and harbors commission, acting as a board of inquiry on behalf of the municipality and will be held at its next meeting following receipt of said request. The person will have the right to submit written evidence or provide a list of witnesses or persons who will speak on his or her behalf. The harbormaster will likewise prepare written material outlining previous steps taken to resolve this issue, earlier correspondence, and reasoning leading up to the impoundment. Following the hearing, the port and harbors commission will cause to have prepared a written decision outlining the rationale and results of its findings. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)

13.12.100 Assembly oversight.

As with any administrative action, if the owner, operator or master of said vessel involved in the hearing, still disagrees with the decision to impound, they may file a formal appeal, through the administrator, to the assembly of the city and borough of Sitka. The report or findings, prepared by the port and harbors commission, along with all written or presented oral or visual testimony, will be forwarded to the assembly, who will review the report and uphold or overturn the recommendation. (Ord. 04-21 § 4 (part), 2004: Ord. 96-1366 § 4 (part), 1996.)