Chapter 12.40
MISCELLANEOUS PROVISIONS
Sections:
12.40.010 Offenses and penalties.
12.40.010 Offenses and penalties.
(a) No person may intentionally fail or refuse to comply with a lawful order of the port director.
(b) Each failure to comply with this title, the tariff, rules and regulations of the port of Nome, or any lawful order of the port director shall be deemed an infraction and shall subject the violator to a fine established by the port of Nome tariff, NCO Section 1.20.040, or this title, plus any surcharge required to be imposed by AS 12.55.039, per violation.
(c) Each day of any continuing offense shall constitute a separate violation.
(d) The port director or a designee and the Nome police department may enforce compliance with these ordinances, the port tariff, the rules and regulations of the Nome port, and orders of the port director through an action seeking injunctive relief and by issuing a citation for the violation.
(e) Any citation issued for a violation of the port of Nome tariff shall identify the section of the tariff allegedly violated in the same manner as in the case of a violation of this code. Violations of tariff provisions for which a fine is established by fine schedule shall be optional appearance offenses subject to the same procedures and requirements as set forth in NCO Sections 1.20.020 through 1.20.040.
(f) The penalties described above are in addition to, and do not limit, any additional legal recourse available to the city.
(g) Each and every offense against this title, the port tariff, rules and regulations of the port of Nome, and orders of the port director shall entitle the city, by order of the port director, to eject, remove or require the removal of any vessel from the port. (Ord. O-14-01-02 § 28, 2014: Ord. O-12-02-03 § 11, 2012; Ord. O-99-11-3 § 25, 1998: Ord. O-93-6-6 § 1 (part), 1994)
12.40.020 Definitions.
As used in this chapter:
“Port director” means the director of the port, a designee, or the harbormaster if the office of port director is vacant for any reason.
“Port of Nome,” “Nome port,” or “port” means and includes all tide and submerged lands owned, occupied, managed or administered by the city of Nome within and beyond the municipal boundaries, all navigable waters above tide and submerged lands owned, occupied, managed or administered by the city of Nome within or beyond the municipal boundaries, all parcels of real property contiguous to mean high tide line of the Bering Sea, the Snake River and its tributaries, and all lands within the jurisdiction of the city of Nome coastal management regulations.
“Tariff charges” means those charges included in the current port of Nome terminal tariff, as well as all rules and regulations for the operation and administration of the port of Nome.
“Terminal and transportation facilities” means docks, wharves, bulkheads, seawalls, beach landing ramps, landfills, warehouses, staging areas, pipelines and pipeline terminals, transfer spans and aprons, lifting equipment and similar structures together with the necessary equipment and facilities required to accommodate waterborne commerce and shipping located within the port of Nome.
“Vessel” means any type of ship, boat or navigable structure suitable for the transportation of property or persons, and the owner and master thereof. (Ord. O-12-02-03 § 12, 2012; Ord. O-93-6-6 § 1 (part), 1994)