Chapter 14.01
GENERAL PROVISIONS

Sections:

14.01.005    Purpose.

14.01.010    Policy.

14.01.015    Interpretation.

14.01.020    Implied agreement from use of facilities.

14.01.025    Tariff for use by common carriers.

14.01.030    Definitions.

14.01.005 Purpose.

The purpose of this title is:

A. To maximize the safe and efficient use of harbor and port facilities.

B. To provide for the orderly management, development, and control of harbor and port facilities.

C. To protect and preserve the lives, health, safety, and well-being of persons who use, work or maintain property in the harbor and port facilities.

D. To protect public and private property.

E. To prevent and abate nuisances and fire or health hazards.

F. To prevent and discourage the use of harbor or port facilities by vessels that have been abandoned or are derelict.

G. To assess reasonable fees for the use of harbor and port facilities.

H. To promote the widest possible public use of the Port of Wrangell. [Ord. 625 § 5, 1996.]

14.01.010 Policy.

The Port of Wrangell is for the use of vessels engaged in commercial fishing or other trade and commerce, pleasure vessels, government vessels, float planes, and sea planes, and the general public. The policy of this title is to maximize the safe and efficient use of port facilities, and prevent and discourage the use of port facilities by vessels which have been abandoned, or allowed to become derelict or nuisances. [Ord. 625 § 5, 1996.]

14.01.015 Interpretation.

This title shall be construed, to the greatest extent reasonable, in such a manner as to be consistent with applicable federal and state law and regulation and any conveyances or agreements from or with the state pertaining to the harbor and port facilities. [Ord. 625 § 5, 1996.]

14.01.020 Implied agreement from use of facilities.

The use of the harbor and port facilities or the presence of a vessel therein shall constitute an agreement by the owner, operator, master and managing agent to conform to the provisions of this title and any rule, regulation or order made pursuant thereto and to pay all fees and charges provided by this title. The City and Borough of Wrangell does not assume responsibility or liability for loss or damage to property, or injury to persons within or upon its harbor or port facilities. All persons visiting or using the harbor or port facilities do so at their own risk. [Ord. 625 § 5, 1996.]

14.01.025 Tariff for use by common carriers.

This chapter does not govern use of harbor or port facilities by a common carrier by water within the meaning of 46 U.S.C. Sections 801 and 1702 unless it is filed with the Federal Maritime Commission. If this chapter is not so filed, a separate tariff approved by the assembly ordinance and filed with commissioner shall govern such uses. [Ord. 625 § 5, 1996.]

14.01.030 Definitions.

Whenever the words, terms, phrases and their derivations set forth in this section are used in this title, they shall have the meaning set forth in this section.

A. “Anchor” means to secure a vessel to the bed of a body of water by dropping an anchor or anchors or by using a buoy or other ground tackle.

B. “Heritage Harbor moorage area” (definition awaiting review).

C. “Charter vessel” means any vessel that is for hire.

D. “Daily rental period” means that period of time occurring between 8:00 a.m. on the first calendar day and 8:00 a.m. on the next calendar day.

E. “Derelict” and “abandoned” have the meanings given to those words in AS 30.30.010, 30.30.090 and 30.30.120 and generally mean any vessel which is or appears to be forsaken, abandoned, deserted or cast away, or which in the opinion of the harbormaster is unsound, unseaworthy, and unfit for its trade or occupation.

F. “Distress” means a state of disability or a present or obvious imminent danger which, if unduly prolonged, could endanger life or property.

G. “Emergency” means a state of imminent or proximate danger to life or property in which time is of the essence.

H. “Float” means any floating structure that is normally used as a point of transfer for passengers and goods or for mooring purposes, including all floating or stationary walkways and structures appurtenant thereto to which vessels may be moored.

I. “Gridiron” means all facilities maintained, leased, or owned by the City and Borough of Wrangell for use while repairing, maintaining, bottom scraping, or painting vessels, or by allowing said vessels to go dry on low tides.

J. “Harbormaster” means the individual described in WMC 14.03.005 and any assistant harbormaster or other person designated by the harbormaster to act in his place.

K. “Moor” means to secure a vessel other than by anchoring.

L. “Moorage” means the process of mooring or the state of being moored and, when context requires, the fees for being moored imposed by this title.

M. “Nuisance,” when applied to a vessel, means a vessel that is derelict, unfit or unseaworthy, is not kept and regularly pumped free of excess water inside its hull, is submerged, creates a fire, health, pollution, safety or navigation hazard, or, in the opinion of the harbormaster, constitutes a fire, health, pollution, safety, or navigation hazard. A vessel shall be presumed to constitute a nuisance if:

1. The vessel is sunk or in immediate danger of sinking, or is obstructing a waterway, or is endangering life or property and has been left unattended for a continuous period of 24 hours; or

2. The vessel has been moored or otherwise left in the harbor and:

a. The vessel’s state registration number or marine document has expired and the registered owner no longer resides at the address listed in the vessel registration or marine document record of the United States Coast Guard, the State of Alaska or the City and Borough of Wrangell; or

b. The last registered owner of record disclaims ownership and the current owner’s name or address cannot be determined; or

c. The vessel identification number or other means of identification has been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owners; or

d. Vessel registration records of the United States Coast Guard, State of Alaska or City and Borough of Wrangell contain no record of the vessel ever having been registered or documented, and the owner’s name cannot be determined; or

3. Repealed by Ord. 848;

4. The vessel constitutes a pollution hazard or risk of a pollution hazard.

N. “Person” means any natural person, partnership, corporation, association or governmental agency. A natural person and a corporation may be considered the same if the former has control over the latter.

O. “Qualifying interest” in a vessel means the interest of a person who owns, leases, or bare-boat or demise charters the vessel. The person who transfers title to a vessel or enters into a charter or lease of the vessel ceases to have a qualifying interest in the vessel.

P. “Seaplane float” means a separate float or portion of a float designated by the harbormaster for the exclusive use of seaplanes and float planes by appropriate signs or markings giving notice of the restricted use of the float or portion of the float.

Q. “Shoemaker Bay Harbor” means that particular body of water and uplands located at Shoemaker Bay, Wrangell, Alaska, being more particularly described as follows:

Beginning at the most Northeasterly corner of Lot 24, U.S. Survey No. 3403, a point on the Westerly right-of-way of Zimovia Highway, thence continuing along the Zimovia Highway right-of-way, S 50 degrees 10'E a distance of 1163.99 feet; thence continuing along a curve to the right a distance of 442.77 feet with the chord bearing S 47 degrees 56'15"E a distance of 442.66 feet; thence S 53 degrees 16'30"W a distance of 205.29 feet; thence N 84 degrees 45'W a distance of 135.00 feet; thence S 50 degrees 45'W along the most southerly breakwater for the Shoemaker Bay Boat Harbor, a distance of 660.00 feet; thence continuing along the breakwater N 39 degrees 15'W a distance of 820.00 feet; thence N 47 degrees 18'W to a point on the most Northerly breakwater, a distance of 395.55 feet; thence continuing along the most Northerly breakwater N 41 degrees 43'E a distance of 580 feet to a point on the Westerly boundary of Lot 24, U.S. Survey No. 3403; thence continuing along the Westerly boundary of Lot 24, U.S. Survey No. 3403, N 42 degrees 32'W a distance of 92.21 feet; thence N 30 degrees 55'W a distance of 193.64 feet; thence East a distance of 173.03 feet to the point and place of beginning of the Shoemaker Bay Boat Harbor and Uplands.

R. “Summer float” means the seasonal wooden floats placed on the inside face of the Wrangell borough dock.

S. “Transfer of cargo” means all types of loading, unloading, movement, and containerization of any kind of cargo.

T. “Ton” means and is equal to 2,000 pounds.

U. “Two-mile moorage area” (definition awaiting review).

V. “Vessel” means any ship, boat, skiff, barge, or craft of every kind and description, pleasure and commercial, other than seaplanes, capable of being used as a means of marine transportation on or through the water.

W. “Wharf” means and embraces every structure to which a vessel may make fast, or on to which merchandise may be discharged or from which merchandise may be loaded.

X. “Wrangell dock and barge ramp facility” means the upland and improvements within the submerged lands, to include the Wrangell dock, barge ramp and appurtenances within the resubdivision of Lots 1 and 2, Block 1, Lot 1, Block 2A of the Wrangell Townsite Survey, and unsubdivided tidelands of U.S. Survey No. 1119 and Alaska Tidelands Survey No. 83, as per the recorded plat No. 80-1, filed in the borough on April 21, 1980, being more particularly described as follows:

Commencing at the Northeast corner of Lot 4, of the resubdivision of Lot 2, Block 1, the true point of beginning; thence along the Westerly right-of-way of Outer Drive S 09 degrees 23'00"E a distance of 128.10 feet; thence S 62 degrees 29'46"E a distance of 202.46 feet; thence S 40 degrees 24'36"E a distance of 133.83 feet; thence S 48 degrees 50'00"W a distance of 624.89 feet; thence N 37 degrees 49'45"W a distance of 496.79 feet; thence N 29 degrees 30'00"W a distance of 113.91 feet; thence N 48 degrees 50'00"E a distance of 343.34 feet; thence N 81 degrees 03'00"E a distance of 152.47 feet to a point on the Southwesterly right-of-way of Front Street, S 08 degrees 57'E a distance of 29.00 feet; thence N 80 degrees 11'22"E a distance of 131.98 feet to the point and place of beginning of the Wrangell Dock and Barge Ramp facility.

Y. “Wrangell Inner Harbor” means a portion of the submerged and tidelands within Alaska Tidelands Survey No. 83 (CR62S,83E), as per the City of Wrangell Tidelands Survey Map, dated October 15, 1962, and on file at the Wrangell borough clerk’s office, being more particularly described as follows:

Beginning at the most northerly corner of the northerly fraction of Lot 28, Block 84, of U.S. Survey No. 1119; thence S 31 degrees 23'E along the Line of Mean High Water, to the breakwater a distance of 45.00 feet, more or less, the true point and place of beginning; thence continuing along the breakwater N 23 degrees 24'30"E a distance of 305.36 feet, more or less, to the navigational light, thence N 65 degrees 34'34" a distance of 417.56 feet, to a point common with the most southerly point on the Wrangell, Alaska Mill Dock; thence East a distance of 370.79 feet; thence S 87 degrees 00'E a distance of 99.81 feet to a point on the Line of Mean High Water; thence continuing along the Line of Mean High Water in an easterly direction to the point and place of beginning of the Wrangell Inner Harbor.

Z. “Wrangell Outer Harbor” means a portion of the submerged and tidelands within Alaska Tidelands Survey No. 83 (CR62S, 83E), as per the City of Wrangell Tidelands Survey Map, dated October 15, 1962, and on file at Wrangell borough clerk’s office, being more particularly described as follows:

Beginning at the intersection of Fort Street and Stikine Avenue, thence S 71 degrees 59'30"W a distance of 22.87 feet, to a point on the Line of Mean High Water, and true point and place of beginning; thence S 60 degrees 36'30"W a distance of 325 feet, more or less, to a point on the Directors’ Line; thence continuing along the Directors’ Line S 29 degrees 30'E a distance of 652.00 feet, more or less, to Corner 5; thence S 36 degrees 49'45"E a distance of 938.38 feet, to Corner 6; thence S 17 degrees 18'W a distance of 525.00 feet; thence S 72 degrees 42"E a distance of 255.00 feet, more or less, to a point common with the navigation light, located on the northerly end of the breakwater; thence N 65 degrees 34'34"E a distance of 417.56 feet, to a point common with most southerly point on the Wrangell, Alaska Mill Dock; thence N 30 degrees 00'W a distance of 548.00 feet; thence N 60 degrees 00'E a distance of 790.00 feet; thence S 61 degrees 00'E a distance of 221.41 feet, to a point on the Line of Mean High Water; thence continuing along the Line of Mean High Water to the true point and place of beginning of the Wrangell Outer Harbor.

AA. “Work float” means a separate float set apart for the exclusive use of vessels while working on the vessel or gear.

BB. “Transient vessel” means any vessel occupying space in the Wrangell Harbor system for which a regular reserve stall has not been assigned, and is not on the wait list.

CC. “Hot berth” means the practice of allowing a vessel to temporarily occupy a stall or space not reserved to said vessel.

DD. “Live aboard” means any vessel utilizing the harbor as a primary residence. Any vessel thus used must still comply with all vessel requirements of the harbor system.

EE. “Stall” means a place to moor individual vessels in the harbor.

FF. “Vessel length” means 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.

GG. “Freight” means commodities transported by a vehicle or vessel for a fee.

HH. “Travel and adventure services” includes, but not limited to, transportation vehicles and passenger vessels that provide: tours, charters, guide services and transportation services on land and water, utilizing the port and harbor facilities. “Travel and adventure services” does not include cruise vessels that are paying the dock face moorage.

II. “Harbor,” “port,” or “port facilities” includes the floats, piers, docks, gridirons, wharfs, ramps, stalls, and uplands of facilities operated by the borough.

JJ. “Marine Service Center” means the repair services and upland storage areas owned by the City and Borough of Wrangell, including, but not limited to, a 150-ton and a 300-ton mobile boat lift, a hydraulic trailer, a wash down area, and upland storage. [Ord. 877 § 2, 2014; Ord. 871 § 1, 2013; Ord. 848 § 2, 2010; Ord. 833 § 36, 2009; Ord. 783 § 1, 2006; Ord. 730 § 4, 2003; Ord. 668 § 4, 2000; Ord. 625 § 5, 1996.]