Chapter 12.04


12.04.010    Powers and duties.

12.04.010 Powers and duties.

The position of harbormaster established in SMC Chapter 3.02 under the Skagway Port Department is responsible for the management and control, operation and maintenance of the Small Boat Harbor and the municipality’s side of the ferry/barge facility.

A.    Scope of Responsibility. The harbormaster shall be responsible, subject to the control of the borough manager and the policies established by the borough assembly, for the management and control, operation and maintenance of the Small Boat Harbor and the municipality’s side of the ferry/barge facility.

B.    Powers and Duties.

1.    Enforcement. The harbormaster is charged with the duty of enforcing all of the provisions of this title and any rules and regulations lawfully adopted, and is empowered to do so.

2.    Aid. In order to render aid to distressed persons and vessels in the harbor, the harbormaster, any of his authorized assistants, and any police officer of the municipality shall have the authority to:

a.    Perform any and all acts to rescue and aid persons and to protect and save property;

b.    Take charge of and protect all property saved from marine disaster until such property is claimed by persons legally authorized to receive it or until otherwise disposed of in accordance with this title or other pertinent laws or regulations.

3.    Rules and Regulations. The harbormaster shall prepare and submit reports required by the borough manager, and shall submit recommendations concerning new rules and regulations, as necessary, to ensure safe and effective operation of the municipality’s harbor facilities.

4.    Assignment of Moorage Facilities. The harbormaster shall supervise and manage the assignment of all mooring spaces in the municipally operated harbor facilities; and he may from time to time in his discretion in the interests of safety, order, convenience and health require the owner or operator of any boat, vessel or floating structure to change from one (1) mooring space to another, and may himself move any boat which is unoccupied and in violation of this title.

5.    Refusal of Moorage Facilities. The harbormaster may, in his discretion, refuse mooring facilities 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 occupants. When the moorage facilities are crowded he may refuse mooring facilities to floats, scows, rafts, pile drivers, boat shelters and other cumbersome floating structures. Upon refusal of mooring facilities, the boat owner, operator, master or managing agent shall be entitled to a pro rata refund of moorage fees paid in advance, less any other fees or charges the municipality may have against the boat, its owner, operator, master or managing agent. Houseboats and floating storage buildings not self-propelled are prohibited.

6.    Posting. The harbormaster shall have the duty and the exclusive power to post signs and to designate the limit of harbor speeds, the classification and use of harbor areas, and the numbers designating exclusive mooring spaces within the mooring areas where such is allowed, and such other signs and notices as would inform the public at large and all boat owners and operators of authorized and prohibited uses of the boat harbor facilities, as established by the harbormaster or the borough assembly. The harbormaster shall have the power to order the making of signs to make effective all orders and decisions of the borough assembly, and rules and regulations relating to the use of the facilities.

7.    Traffic Direction. The harbormaster and his assistants are authorized to direct all waterborne traffic, either in person or by means of visible or audible signal, in conformance with the provisions of this title; provided, that where necessary to expedite waterborne traffic, or to prevent or eliminate congestion or to safeguard persons or property, the harbormaster or his designee (or in the event of a fire or other emergency, such officers and other authorized officers of appropriate governmental agencies or authorities) may direct waterborne traffic as conditions may require, notwithstanding provisions of this title.

8.    Moving Boats. The harbormaster may move any boat on which no person is aboard which is in violation of this title, or from which moorage or other fees are delinquent, or which is a derelict, a nuisance or is abandoned.

C.    Services of Harbormaster -- Fees. The harbormaster is granted the power and authority, from time to time, but without any obligation or duty to do so, and without any obligation or liability on his part or that of the municipality of his failure to do so, to replace defective mooring lines, pump boats which are in dangerous condition for lack thereof, and move any boat for any purpose of protecting the boat from fire or other hazard, or for the protection of other boats within the harbor. Whenever the harbormaster performs any of the acts authorized, after having given notice to the boat owner or operator at the registered address of the immediate need or having attempted to give such notice, the boat and owner shall be required to pay to the municipality such fees as are set forth by the borough assembly by resolution.

D.    Ferry/Barge Facility. In addition to the foregoing powers and duties, the harbormaster shall have the following powers and duties with respect to the ferry/barge facility:

1.    Coordinate use of the facility with Alaska Marine Highway representatives;

2.    Schedule and assign moorage at the municipality’s side of the dock;

3.    Monitor facilities operations for safety and noninterference with ferry operations;

4.    Assign rentals of storage and parking space in the storage area;

5.    Supervise provision of utility services;

6.    Provide customer service as required;

7.    Regularly inspect facilities, monitor maintenance, and make recommendations for repairs as required;

8.    Maintain records of use of transfer bridge and storage area for customer billings and assist in collection of billings;

9.    Prepare periodic reports of facility operations for review by the borough manager and the borough assembly.

(Ord. 11-19, Amended, 09/01/2011; Ord. 84-16 § 4 (part), Repealed & Replaced, 10/01/1984)