Chapter 16.16
FEES AND PAYMENTS

Sections:

16.16.010    Assignment of spaces.

16.16.020    Use of slip as it pertains to owner.

16.16.030    Fees due when – License period.

16.16.040    Appeal of charges or assessments.

16.16.050    Delinquent license and moorage fees.

16.16.060    Failure to pay – Harbormaster’s report.

16.16.070    Reserved.

16.16.080    Rental, moorage and seaplane float use fees.

16.16.090    Computation of annual fees.

16.16.100    Live-aboard assessment.

16.16.105    Permanent open moorage vessels.

16.16.110    Licensee waiting list and seniority transfer list.

16.16.120    Repealed.

16.16.130    Transient vessel moorage fees.

16.16.135    Boat launch ramp use/fees.

16.16.140    Seaplane moorage and float rental fees.

16.16.150    Boat houses, floats, scows, barges, pile drivers and dredges – Fee assessment basis.

16.16.160    Electricity service – Responsibility for payment.

16.16.170    Electrical connection regulations and rates.

16.16.180    Conducting business in the harbor from any vessel.

16.16.190    Unlawful to moor without payment.

16.16.200    Dead storage prohibited.

16.16.210    Harbor crane use and fees.

16.16.010 Assignment of spaces.

Assignment of use of a designated and numbered space, either slip side mooring or bow mooring, shall be made by the harbormaster, who shall give the vessel owner a duplicate of the slip license agreement. Presentation of this duplicate, signed by the vessel owner, shall be made to the borough finance department or harbormaster when payment of the fee indicated thereon is made. If the slip license agreement is not returned within 60 days of billing, the harbormaster shall begin procedures for removing the vessel from the harbor in accordance with HBC 16.28.010(E). Assigned licensees may retain space licensed by them only so long as they continue to be vessel owners. If a licensee sells or disposes of their vessel, the licensee may retain the space until the end of the license period and may not renew the same unless the licensee has acquired or given notice of intent to acquire another vessel within a reasonable time. If a licensee’s new vessel is inappropriately sized for the assigned space, the licensee shall be placed at the end of the wait list for the new size, unless they already hold an appropriately sized position on a wait list. Otherwise, the slip shall be assigned to the first appropriate-sized vessel on the waiting list. Vessels owned or leased by government entities, U.S. corporations, or limited liability companies may be assigned license of a slip for a term not to exceed 10 years, at which time the license will be reviewed for renewal. Any changes in the corporation or the specific vessel occupying the space may initiate a review and possible revocation of the licensed space. The intent of this section of code is to ensure that slips cannot be held in perpetuity. (Ord. 13-05-326 § 4; Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.020 Use of slip as it pertains to owner.

No property rights are created by this section or this title. The slip licensee shall have only a license to use the space reserved to him or her as provided in this title. There shall be no loaning or sublease of slips except by the harbormaster. Slips are assigned to vessel owners, rather than vessels; a person buying a vessel previously moored in the harbor shall have no rights to the previous owner’s vessel slip except as established by the harbor slip waiting list. The borough assembly, upon recommendation of the manager, may permit a person or business to bypass the slip waiting list when such an exception is justified in the public interest as in transfer to a surviving spouse in the case of death of the slip holder. The borough assembly may establish conditions that limit the vessel owner’s use of the slip and may revoke the use of the slip if continued occupancy is no longer justified in the public interest. The harbormaster has the authority to utilize the holder’s reserved space for other vessels during the absences of the holder’s vessel and to move moored vessels to other locations in the event of fire or other emergency requiring such action. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.030 Fees due when – License period.

A. License fees, moorage and launch ramp fees provided in this chapter shall be paid for prior to the occupancy or use of the facilities during the period for which the fees are assessed and shall be delinquent unless then paid. Except as specifically provided in this chapter, license payments for slips, permanent moorage and launch ramp fees shall be made annually, in advance, for a one-year period commencing October 1st and ending September 30th.

B. A vessel owner or agent who licenses a slip or permanent open moorage on or after April 1st shall pay the entire annual fee for the period ending September 30th; however, the owner or agent shall be entitled to a 50 percent reduction in the moorage fee for the next 12-month period beginning October 1st.

C. Anyone wishing to terminate the use of their slip before April 1st of the year shall be eligible for a refund in the amount of one-half the moorage fees paid for that billing year. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.040 Appeal of charges or assessments.

The rates stated in this chapter are determined and found to be fair, just and reasonable rates. All rates charged or assessed by the harbormaster shall be charged or assessed according to the rates either set forth in this title or in the most current assembly approved harbor fee schedule and paid by the owner, master or other persons having charge of the vessel on the demand of the harbormaster. Any person or vessel owner against whom a charge is so levied or assessed by the harbormaster who considers the same to be improperly computed or assessed may apply to the assembly in writing for an adjustment and refund of such charge. Such application shall be made within 50 days from the date on which the charge is made, and the assembly shall determine whether the charge shall be adjusted or sustained at the first meeting at which the assembly has sufficient evidence available to make the determination; provided, however, that the assembly shall not hear any such protest or application unless the charge and assessment made by the harbormaster shall have been paid at the time the assessment was due. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.050 Delinquent license and moorage fees.

In the event license and/or moorage fees are not paid within 60 days from the date of delinquency as outlined in HBC 16.16.030, a penalty of 10 percent of the license and/or moorage fees due shall be levied against and added to the delinquent account. Additionally, interest of 1.5 percent per month shall accrue upon all unpaid fees, not including penalty, from the due date until paid in full. Transient moorage which must be invoiced will be charged at twice the normal rate. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.060 Failure to pay – Harbormaster’s report.

Any owner, master or managing agent of any vessel who fails to pay the moorage fees in this chapter and service fees as provided elsewhere in this title, at the time and place when such fees are due and payable, and for a period of 30 days thereafter, shall be personally liable to the borough for such fees and charges. If a slip or open moorage licensee has not paid moorage fees 60 days after they are due, or made financial arrangements with the Haines Borough to do so, the licensee shall be notified by mail that unless the delinquent amounts are paid within 60 days from the date of the notice, the delinquent slip licensee shall lose the slip and the delinquent open moorage vessel shall be impounded by harbor personnel. The harbormaster shall submit a report to the borough assembly of all such delinquencies and such report shall include the description of the vessel, the name and address of its owner and the type and value of such fees as are delinquent. The borough may pursue any necessary legal action in the recovery of moorage fees and penalties. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.070 Reserved.

Repealed by Ord. 12-01-281. (Ord. 07-08-162)

16.16.080 Rental, moorage and seaplane float use fees.

Permanent open moorage vessels shall have priority over transient vessels for available mooring space. Only one slip shall be allowed to any vessel owner, except that the owner of a commercial vessel shall be permitted to rent one additional slip for a vessel used solely for recreational purposes. An assigned licensee may not designate any other person as the recipient of the licensee’s slip if the licensee surrenders or forfeits it for any reason whatsoever. Slip rentals, moorage fees and seaplane float use fees provided in this chapter shall be paid to the borough finance department or to the harbormaster. A receipt shall be given to each person upon payment. The harbormaster shall daily deliver to the finance department all the money collected and a duplicate of each receipt. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.090 Computation of annual fees.

Unless otherwise provided, annual fees for slip licenses and moorage shall be assessed according to the most current assembly approved harbor fee schedule. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.100 Live-aboard assessment.

The harbormaster shall assess a monthly fee for all vessels on which people are living aboard according to the most current assembly approved harbor fee schedule. This fee will be in addition to the regular moorage rate to compensate for their increased use of the harbor facilities. Per HBC 16.04.035(A), live-aboards are prohibited for periods longer than 14 days from October 15th to April 1st. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.105 Permanent open moorage vessels.

A. Permanent open moorage licensees are long-term licensees that shall qualify for a moorage rate for their vessel size by meeting the following conditions:

1. Licensee has been on the waiting list for a permanent slip for at least one year;

2. Fees are paid in advance, as per HBC 16.16.030;

3. Permanent open licensees must reside in the Haines Borough and be on call, or arrange for a responsible person, approved by the harbormaster, to be on call, to move their boat if necessary for any reason;

4. Permanent open licensees must pay annually for the full year to retain their permanent open status.

B. The licensee of a permanent slip may receive the same moorage rate described in subsection (A) of this section for a second vessel by meeting the conditions in subsections (A)(2) and (3) of this section, provided the permanent slip fee is paid. If the conditions are not met, transient moorage rates shall apply, and from April 1st through September 30th these vessels shall be charged long-term transient moorage rates as set out in the most current assembly approved harbor fee schedule. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.110 Licensee waiting list and seniority transfer list.

The harbormaster shall maintain a waiting list of all persons desiring slip space and a list of slip licensees wishing to improve their slip location. As slip space becomes available, the first person on the moving list shall have the option of exchanging the space and the first person on the waiting list shall then be assigned the vacant slip provided all harbor fees are paid current. The licensee has 90 days to occupy the slip or provide proof of ownership of a vessel of the appropriate length. Slips of similar size may be exchanged at any time by mutual consent of the licensees and the harbormaster. An annual fee shall be charged to be on the waiting list as set out in the most current assembly approved harbor fee schedule. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.120 Unoccupied stalls.

Repealed by Ord. 12-01-281. (Ord. 07-08-162)

16.16.130 Transient vessel moorage fees.

A. Transient vessels are vessels not assigned permanent moorage or permanent open moorage. Transient moorage fees shall be based upon the overall vessel length, measured as moored.

B. Transient moorage fees for vessels using the harbor shall be assessed according to the most current assembly approved harbor fee schedule. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.135 Boat launch ramp use/fees.

Any person launching or recovering a vessel from a trailer using a launch ramp owned or operated by the Haines Borough must have first either purchased an annual launch ramp sticker from the harbormaster or paid a daily fee according to the most current assembly approved harbor fee schedule and shall be provided for in HBC 16.16.030. Upon payment of such fees, a sticker shall be provided by the harbormaster, which shall be prominently displayed on the boat trailer. Payment of such fees shall allow unlimited launching and retrieval of one boat per permit at any borough boat launch facility. Any person not wishing to obtain the annual permit sticker shall be charged a daily ramp use fee according to the most current assembly approved harbor fee schedule. It is presumed that a trailer in a ramp parking lot or in the parking lot adjacent to any of the borough port and harbor facilities either has been used or is intended to be used to launch or recover a vessel via the launch ramp owned and operated by the Haines Borough. Accordingly, an annual permit or receipt for daily use shall be displayed on all boat trailers parked in borough port and harbor facilities and owners shall park in compliance with signage. Use of any borough launch ramp facility without payment of appropriate fees shall result in a fine determined by the most current borough schedule of fees and charges per violation. All boat launch ramp revenue shall be maintained in a separate cash reserve account and appropriated only for the maintenance, repair, reconstruction or new construction of boat launch ramps operated by the borough. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.140 Seaplane moorage and float rental fees.

Fees for the moorage of seaplanes or for the rental of the seaplane float shall be according to the most current assembly approved harbor fee schedule. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.150 Boat houses, floats, scows, barges, pile drivers and dredges – Fee assessment basis.

Boat houses, floats, scows, barges, pile drivers and dredges shall be moored in the harbor only on a temporary basis and only by permission of the harbormaster. When moorage for the above is allowed, fees for the same shall be assessed according to the most current assembly approved harbor fee schedule. The vessels and watercraft mentioned in this section shall not be used for live-aboard purposes while moored in the harbor. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.160 Electricity service – Responsibility for payment.

Electricity is supplied to the harbor by the Alaska Power and Telephone Co., a private utility. It shall be the responsibility of owners of vessels moored in permanent slips or in open moorage to arrange with the utility for electricity provided to the slips and payment therefor. Electrical usage by transient vessels shall be charged at the rate set out in the most current assembly approved harbor fee schedule. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.170 Electrical connection regulations and rates.

A. Electrical connections to any vessel are under the direction of the Alaska Power and Telephone Co., the local electrical utility, and must comply with the following regulations:

1. Flexible cords shall be used only in continuous lengths without splice or tape.

2. Cords shall not be smaller than required for rated current of the connected equipment.

3. Attachment plugs and connector bodies shall not be smaller than that required for rated current of the attached cord.

4. Infrared heating lamps may be used with porcelain type sockets only.

5. Any heater capable of causing a fire if overturned must be equipped with a safety switch that will automatically disconnect electrical current if the heater is overturned.

6. Attachment plugs shall be of the weatherproof type.

B. Only power cords with a water rating are approved for use on boats within the boat harbor.

C. Any cord not listed must be inspected and approved by the Alaska Power and Telephone Co., prior to being put into use.

D. No electric cord from receptacles or meters shall be installed so that it lies on top of any walkway or in such a manner that it may accidentally be disconnected during snow removal or at any other time, and such installation shall be protected from mechanical damage at all times.

E. Electrical usage by transient vessels shall be charged at the rate set out in the most current assembly approved harbor fee schedule.

F. Owners of vessels in permanent slips to which electrical service is available or owners of vessels in permanent open moorage (winter rate) as defined by HBC 16.16.105 who are placed in slips to which electrical service is available shall pay the borough an annual service maintenance fee according to the most current assembly approved harbor fee schedule if the electrical service is activated.

G. Licensees wishing to hook up to electrical service must read and sign a copy of the electric regulations as outlined herein, and pay the annual electrical fee, before obtaining service from the local power utility. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.180 Conducting business in the harbor from any vessel.

Any vessel conducting retail business in the borough port and harbor facilities shall abide by all borough codes and regulations. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.190 Unlawful to moor without payment.

It shall be unlawful for any person to moor, berth, tie, attach or connect to any part of the borough port and harbor facilities any vessel, or other waterborne structure, without paying the rental charges prescribed in this title. Failure to pay designated berthing fees constitutes trespass and abandonment of the vessel; provided, however, it shall not be a violation of this section to temporarily moor a vessel for a time not to exceed three hours. (Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.200 Dead storage prohibited.

A. It is declared that the borough port and harbor facilities are installed and have been installed for the convenience of owners of vessels who use them for navigation and not for the purpose of providing moorage for vessels in dead storage or used as a residence.

B. If, within one year’s time, the harbormaster does not witness a vessel motoring outside the Haines Harbor, the vessel owner must demonstrate that their vessel is still seaworthy. An appointment with the harbormaster must be made for this purpose.

To be considered “seaworthy” a vessel must be capable of safely operating under its originally designed power plant and under average weather conditions, i.e., no kickers or outboards unless the vessel was designed to navigate with such.

C. Permits may be issued allowing exception to this section under such conditions and regulations as the assembly may impose. An application for such permit shall be for a period of time not to exceed six months. Permits shall be issued fairly and without discrimination and shall be applicable to all under like conditions. (Ord. 17-03-453 § 5; Ord. 12-01-281 § 4; Ord. 07-08-162)

16.16.210 Harbor crane use and fees.

Any person using the harbor crane owned by the Haines Borough must have first either purchased an annual crane use permit from the harbormaster or paid a daily fee according to the most current assembly approved harbor fee schedule. Prior to use, fees shall be paid and all persons will receive information on how to properly operate the crane. Crane users will certify, on a form provided by the borough, that they can operate the crane properly and that the Haines Borough is held harmless for any improper or unauthorized use. The harbormaster shall implement a procedure to ensure use of the crane is limited to those with permits and hold harmless agreements. (Ord. 12-01-281 § 4; Ord. 07-08-162)