Chapter 12.01
PORT OF SKAGWAY
Sections:
12.01.010 Port of Skagway defined.
12.01.080 Port of Skagway tariffs.
12.01.010 Port of Skagway defined.
The Port of Skagway includes all areas of ingress into the municipality of Skagway Borough, including but not limited to the following: docks, harbors, ferry and barge facilities, airports, highways, waterfront (W) zoned lands, pipelines, unzoned waterfront land, and rail lines. The user shall obtain and maintain at its expense all licenses, permits, approvals, consents, and certificates from local, state, and federal authorities which may be necessary or appropriate for its actual use.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.01.030 General provisions.
A. Accidents and Reports.
1. The operator of any boat, vehicle, or equipment involved in an accident within the Port of Skagway resulting in injury or death to a person or in damage to property shall remain at the scene of such accident and shall render such aid as he is capable of rendering.
2. The master, owner or operator of any boat, vehicle, or equipment shall file a report within one (1) hour, with the port director, harbormaster, or a municipal police officer, of any accident involving death or personal injury requiring medical treatment or involving property damage in any amount, or upon striking any other boat, float or property, in which such boat, vehicle, or equipment has been involved in the Port of Skagway.
B. Aiding and Abetting Violations. It is unlawful to counsel, aid or abet the violation of or failure to comply with any of the provisions of this title.
C. Enforcement and Penalties. The port director shall have authority to enforce all provisions of this title, to issue directives to users of port facilities to comply with such provisions, and to abate any act of violation. For violations of this chapter refer to Chapter 1.20, General Penalty. Violations are subject to civil fines established by resolution.
D. Posting of Port of Skagway Code. A copy of this title shall be posted in a conspicuous place at the boat harbor (harbormaster’s office or bulletin board). Such posting shall be deemed to have provided to all lessees and users of the Port of Skagway adequate notice of all legal duties contained in this title.
E. Access. Within the constraints of federal, state, and local laws, the Port of Skagway shall be open to all. No special preference shall be granted to accommodate one (1) type of user over another. The extensions of the municipal streets and sidewalks and public access to the port shall be maintained at all times. Unless otherwise permitted by the Port of Skagway tariff document, commercial enterprises or businesses shall not be permitted to conduct business of a permanent or continuing nature within the port, or from a vessel using the facilities.
F. Use of Port--Implied Agreement. The mooring or use or presence of any vessel within the Port of Skagway shall constitute an agreement by the owner, operator, master or managing agent to conform to the provisions of this title.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.01.070 Port fund.
A. The Port of Skagway shall be operated in a businesslike manner such as other public utilities and enterprises and shall be operated from a fund separate from the general fund. An accounting system for this fund shall be established within the general accounting system of the municipality, and shall be set up and maintained so as to reflect the financial condition of the enterprise and its income and expense. All balance sheets and statements of income and expense (profit and loss) shall be made for this enterprise annually and as often as the assembly may require, and published annually in a condensed form.
B. None of the income, money, resources or property of the Port of Skagway shall be placed in the general fund or be used for the benefit of anything outside of the fund to which it belongs without due compensation or due value received in return except as noted in this section; provided, that this shall not prohibit payment into the general fund by the port fund of an amount in lieu of taxes reasonably estimated to be the amount which the enterprise would pay in taxes if it were privately owned. A portion of monies in the port fund may be allocated to the general fund to reimburse for services provided to the Port of Skagway by other municipal departments such as police, fire, emergency medical, garbage, water, and sewer services. Revenue from the lease of waterfront-zoned uplands may be allocated to the general fund with no restriction as to use.
C. Dedication of Revenues. All revenues generated by municipally operated port facilities shall be dedicated to the port fund, for use in paying costs of operation, maintenance, and repair of the port facilities, and may be allocated as allowed in subsection (B) of this section.
D. Fees related to use of the Port of Skagway shall be established in the Skagway Port Tariff document.
(Ord. 23-08, Amended, 04/06/2023; Ord. 20-21, Repealed & Replaced, 09/17/2020)
12.01.080 Port of Skagway tariffs.
All rates, charges, excise taxes, rules and regulations for wharfage, dockage, passenger fees and other port services within the Port of Skagway shall be established by the borough assembly through adoption by resolution of a Port of Skagway Tariff document.
(Ord. 20-21, Repealed & Replaced, 09/17/2020)