Chapter 16.28
HAZARDOUS CONDITIONS, PROHIBITED ACTS AND ENFORCEMENT

Sections:

16.28.005    Hazardous conditions.

16.28.010    Prohibited acts.

16.28.020    Each day a separate offense.

16.28.030    Penalties for violations.

16.28.040    Citation.

16.28.050    Repealed.

16.28.060    Repealed.

16.28.005 Hazardous conditions.

It shall be unlawful for any vessel owner or person in charge of any vessel to allow a hazardous condition endangering life or property to continue on with regard to the vessel. Determination of a hazardous condition shall be at the direction of the harbormaster and shall consider any local, state or federal regulations. Any of the following constitutes a hazardous condition, though this list is not considered all inclusive:

A. Allowing a vessel to remain in a sunken condition more than five days whether on a navigable channel or not.

B. Allowing a vessel to remain in a sunken condition more than the time required to buoy and mark it as a warning to others to whom it might be a navigational danger.

C. Maintaining or allowing a condition on or in any vessel to continue more than five days after it has been declared a hazardous condition following inspection and report by the harbormaster, the chief of police, the fire chief or designated agent, or the director of public works. One copy of such report shall be filed with the borough clerk and one copy given to the person involved.

D. No wood fires are allowed in the borough port and harbor facilities – unless they are contained within a USCG approved marine wood burning stove.

E. Electrical systems on any vessel shall be designed and constructed for marine usage and shall be maintained so as to avoid hazards from electrical shock, fire or galvanic corrosion. Only marine-type battery chargers shall be used. Vessels discharging stray electrical current into the water may be disconnected from the shore power hook-up until the condition is remedied. Owner shall be liable for any damages incurred by stray currents originating from their vessels. Vessel owners wishing to hook up to electrical service must read and sign a copy of the electrical system rules before permission will be granted for new service. (Ord. 12-01-281 § 4)

16.28.010 Prohibited acts.

It shall be unlawful for any person using the borough port and harbor facilities to commit any of the following prohibited acts:

A. To operate, or cause to be operated, any vessel, as defined in this title, within the limits of the borough port and harbor facilities, in excess of three miles per hour. All vessel operators are legally liable for any damages from their wake.

B. To operate, or cause to be operated, any vessel, as defined in this title, within the limits of the borough port and harbor facilities, in a negligent manner in willful and wanton disregard for the safety of persons or property.

C. To operate, or cause to be operated, any vessel, as defined in this title, within the limits of the borough port and harbor facilities, in a negligent manner likely to endanger the safety of person or property.

D. To throw or otherwise cause to be deposited gasoline, oil, trash, garbage or refuse on any float or into the water of the borough port and harbor facilities. To use the borough port and harbor refuse containers for nonharbor or nonport use. To create construction or project waste and dispose of it in the harbor refuse containers. Vessel construction and project waste shall be hauled away to a local waste receiver and is the responsibility of the owner and the contractor. The harbormaster is allowed discretion in determining what constitutes construction or project waste.

E. To fail to register with the harbormaster, as provided in HBC 16.20.010.

F. To leave any vessel or floating structure moored at any of the borough port and harbor facilities unattended while any fire is burning thereon. Any such fire shall be deemed unattended unless the owner or operator is within 100 feet of the same.

G. To start or allow to continue any fire on a float or dock.

H. To create and maintain any nuisance within the borough port and harbor facilities.

I. To conduct or carry on any unlawful business or occupation within the limits of the borough port and harbor facilities.

J. To live aboard a vessel moored in the harbor at any time from October 15th to April 1st, except on a transient moorage basis for periods of two weeks or less. For any person or owner in charge of any dog or animal to allow or permit such dog or animal to run at large within the borough port and harbor facilities.

K. To deposit, place or leave any cargo, merchandise, supplies, freight, articles or thing, including fecal matter deposited on docks, upon any float, ramp, walk or other public place in the borough port and harbor facilities, except while loading to or from a boat or vehicle.

L. For any person or owner in charge of any dog or animal to fail to clean up after their animals.

M. To tap, disconnect, interfere with, or tamper with any water outlet, water pipe, water connection, or any electrical wiring, electrical outlet, or electrical device of any kind installed or maintained in the borough port and harbor facilities by the borough without first having obtained the permission of the harbormaster.

N. To leave snow removed from vessels on any dock, float, or finger. To interfere with any wharf, gangplank, ramp or any other facility of the borough port and harbor facilities.

O. To write or post any written or printed matter or sign upon any bulletin board constructed or maintained by the borough without first having obtained the permission of the harbormaster.

P. To erect, place, post or maintain any advertising matter, sign or other printed matter other than legal notices on any part of the borough port and harbor facilities without approval thereof first being obtained from the harbormaster.

Q. To disregard, deface, remove, tamper with or damage any sign or notice posted or erected by the harbormaster or by the direction of the borough assembly relating to the use of mooring areas or other uses of the borough port and harbor facilities.

R. To moor, berth, tie, attach or connect to any part of the Letnikof Cove facility any boat or other waterborne structure without paying the fees or charges prescribed in this title.

S. To verbally abuse, physically assault, or threaten any borough or harbor personnel at any time. For the purposes of this section, “verbal abuse” means “fighting words” as that term is defined under Alaska law, and encompasses oral utterances which would be expected to provoke an immediate violent response in the average reasonable listener. “Verbal abuse” includes, but is not limited to, threatening significant physical harm or threatening or causing significant emotional harm to a person through the use of:

1. Derogatory or inappropriate names, insults, verbal assaults, profanity, or ridicule; or

2. Harassment, coercion, threats, intimidation, humiliation, mental cruelty, or inappropriate sexual comments.

T. To verbally abuse, physically assault, or threaten other harbor users or members of the public while within the borough port and harbor facilities.

U. To refuse to comply with any lawful order of the harbormaster or his representatives.

V. To keep a vessel tarped and covered during the summer months, May 1st through September 1st. All covers must be taken down, including supporting framework, by the first of May each year. Vessels may be covered at any time during the year while actively being repaired. (Ord. 17-03-453 § 6; Ord. 15-03-404 § 4; Ord. 12-08-302 § 5; Ord. 12-01-281 § 4)

16.28.020 Each day a separate offense.

Each day that a violation of any of the provisions of this title continues constitutes a separate offense. (Ord. 12-01-281 § 4)

16.28.030 Penalties for violations.

A. Any person violating any of the provisions of this title will be fined in the amount set forth in HBC 1.24.040, or if no fine is there established, in an amount to be determined by the court not to exceed $500.00 for each offense.

B. In addition to the remedies under subsection (A) of this section, the privilege of using the borough port and harbor facilities may be suspended or revoked if the harbormaster determines that suspension or revocation is in the best interest of the borough or other harbor users. Notice of suspension or revocation of privileges shall be delivered in person or by certified mail to ensure receipt, and, for the purposes of AS 11.46.320 through 11.46.350, shall constitute a lawful directive by the person in charge of the premises to vacate and to refrain from entering all borough port and facilities for any reason for as long as the suspension or revocation is in effect. Failure to comply with the harbormaster’s revocation of mooring privileges or an order to vacate may result in impoundment under HBC 16.24.070. The remedies of this title are in addition to any civil and criminal remedies the harbormaster, Haines Borough, state of Alaska, or any other authority may have.

C. Any person or vessel owner whose privileges have been suspended or revoked has the right to an administrative hearing to determine whether there was probable cause for the suspension or revocation of privileges. The request shall be in writing submitted to the port and harbor advisory committee via the borough manager within five business days of the receipt of the notice of suspension or revocation. Within 14 business days, the manager shall call a port and harbor advisory committee meeting to address the suspension or revocation. The hearing shall be conducted in an informal manner and shall not be bound by technical rules of evidence. At the hearing, the harbormaster shall carry the burden of establishing that probable cause exists to believe that the person or vessel owner violated a provision of this title and that suspension or revocation is in the best interest of the borough or other harbor users. If the port and harbor advisory committee determines that probable cause exists, the suspension or revocation shall be affirmed and continue to be effective until the harbormaster determines that revocation or suspension is no longer in the best interest of the borough or other harbor users. (Ord. 15-06-413 § 45; Ord. 12-08-302 § 6; Ord. 12-01-281 § 4)

16.28.040 Citation.

A person who commits a violation of this title shall be cited in the manner set forth in Chapter 1.24 HBC. (Ord. 15-06-413 § 46; Ord. 12-01-281 § 4)

16.28.050 Mail-in procedure.

Repealed by Ord. 15-06-413. (Ord. 12-01-281 § 4)

16.28.060 Promise to appear.

Repealed by Ord. 15-06-413. (Ord. 12-01-281 § 4)