Chapter 16.10


16.10.010    Statement of Intent and Goals.

16.10.020    Allowed/Prohibited Uses.

16.10.030    Permits and Fees.

16.10.040    Penalties.

16.10.010 Statement of Intent and Goals.

A.    It is the Municipality of Skagway’s intent to be a responsible steward of the resources and values of the Dyea and West Creek areas.

B.    The municipality believes that commercial uses in the Dyea area impacts the Flats and private properties in the area.

C.    The Municipality of Skagway will implement this Land Management Plan for municipal property outside the Dyea Flats, in cooperation with the National Park Service, the State of Alaska, other Dyea property owners, and the public.

(Ord. 12-03, Amended, 03/01/2012; Ord. 03-06, Added, 04/17/2003)

16.10.020 Allowed/Prohibited Uses.

In order to protect the scenic, historical, ecological and archaeological resources of the Dyea and West Creek Valleys, the following allowed and prohibited uses are adopted.

A.    Allowed Recreational Uses (non-commercial)

1.    Walking, Skiing, Bicycling, Snowshoeing

2.    Boating, Canoeing, Rafting, Kayaking

3.    Interpretation, Public Education

4.    Picnicking

5.    Fishing, Hunting, Trapping (in compliance with State/Federal regulations)

6.    Bird watching

7.    Edible plant gathering

8.    Beach log and seaweed harvest for personal use on municipal property. Harvest of dead and downed firewood for personal use.

9.    Horseback riding

10.    Use of road legal vehicles on designated roads

11.    Use of off-road all terrain vehicles (ATV’s) on designated roads and off-road in designated areas.

12.    Camping, (including recreational vehicles) in designated camping areas on municipal property

13.    Campfires in safe campfire rings

14.    Snow machine use on roads and off-roads in designated areas when adequate snow cover is present to protect underlying vegetation.

B.    Commercial Uses. There shall be no pre-existing rights. Commercial Recreational Uses are allowed by permit with the following provisions:

1.    Designation of Areas Open to Commercial Uses.

a.    West Creek: There shall be no commercial tour operations on the West Creek Road or into the West Creek Valley.

b.    Taiya River: There shall be no commercial tour operations north of the Rafter Put-in on the Taiya River or at the mouth of West Creek where it enters Taiya River.

2.    Limits on numbers of permits allowed. The number of commercial permits allowed in Dyea outside of the Dyea Flats shall be three (3). There shall be a separate permit required for each product offered. The borough assembly may, at its discretion, increase or reduce the number of permits allowed as conditions warrant and as recommended by the Dyea Community Advisory Board.

3.    General Provisions

a.    Permit holders are responsible for complying with all State, Federal and local laws applicable to their activities.

b.    Permit holders shall reimburse the Municipality of Skagway for any damages to municipal property caused by the permit holder’s activities.

c.    Permit holders shall have in their possession at all times the permit issued pursuant to this section.

d.    Permit holders, as a condition of receiving a permit, shall execute an instrument under the terms of which the permit holder will agree to indemnify, defend and hold harmless the Municipality of Skagway from any and all claims for injury or damage to person or property as a result of the permit holders activities.

e.    Prior to issuance of a permit, the prospective permit holder must provide the Municipality of Skagway with a certification of insurance showing the permit holder has obtained at least one million dollars ($1,000,000) combined single limit public liability insurance. This certificate must establish that the municipality is named as an additional insured on such policy, and that the insurer thereof shall notify the municipality twenty (20) days before the policy is modified, canceled, or terminated.

f.    Permit holders are responsible for compliance with permit conditions. Any person listed on a permit issued shall be deemed to be jointly and severally liable for any violation of this chapter by any person or employee operating under the permit.

g.    Each permitted operator shall provide on an annual basis following each season, a report to the municipality of the commercial activity of that season. Annual reports shall include all reports of complaints, accidents or incidents, daily volumes, monthly totals, and seasonal totals of activity.

h.    Permits authorized under this chapter are not transferable, and shall revert back to the municipality in the event of any abandonment or failure to perform.

C.    Prohibited Uses

1.    Commercial activities including tours not permitted, rentals, retail sales or any other uses where compensation is made or offered.

2.    Grazing

3.    Unrestricted road vehicles and ATV access

4.    Camping outside of designated areas without a municipal permit

D.    Campground Provisions

1.    Campers are required to self-register at the established kiosk and to familiarize themselves with burn restrictions and possible animal problems in the area.

2.    Camping shall be limited to a total of 14 days within a 45 consecutive day time frame. Long-term camping is prohibited. For the purposes of this section long-term camping means a duration of more than 14 days within a 45 consecutive day time frame.

3.    Collection of registrations shall be once each week by Public Works employees while picking up the trash.

(Ord. 12-03, Amended, 03/01/2012; Ord. 07-11, Amended, 05/03/2007; Ord. 03-06, Added, 04/17/2003)

16.10.030 Permits and Fees.

A.    Permits – The borough manager shall establish a system for the permitting of uses requiring such permits as identified in section 16.10.020(B) above. Permits shall be obtained prior to the conduct of any of the intended uses.

B.    Fees – The borough assembly shall establish by resolution a schedule of fees when and if such fees are determined necessary.

(Ord. 12-03, Amended, 03/01/2012; Ord. 03-06, Added, 04/17/2003)

16.10.040 Penalties.

A.    Damage to public property or resources. The permit holder shall be responsible for any damages to any public land, road, trail, facility or natural resources including trees, waters, or wildlife, and shall pay actual costs of remediation of these damages.

B.    Impact upon the quiet enjoyment of public lands by non-commercial users. Complaints by non-commercial users of public lands filed with the Skagway Police Department against any commercial operator may result in a citation.

C.    Any violation of this code is a non-criminal infraction, punishable by a civil penalty up to three hundred dollars ($300) per violation. Each act or violation and every day upon which a violation occurs or continues constitutes a separate offense.

D.    Grievance Procedure – Any reported violation of this code may result in a correction order issued by the borough manager under SMC 5.01.050. An appeal of such correction order may be filed as provided in SMC 5.01.070, Appeal to borough assembly.

(Ord. 12-03, Amended, 03/01/2012; Ord. 07-11, Amended, 05/03/2007; Ord. 03-06, Added, 04/17/2003)