Chapter 11.05
PORT FACILITIES
Sections:
11.05.030 Administration of port facilities.
11.05.050 Use of port facilities—Implied agreement.
11.05.060 Presence in certain areas of container terminal prohibited.
11.05.070 Violation and prohibited acts generally.
11.05.080 Limitations of liability.
11.05.100 Unpaid fees and charges.
11.05.110 Duties of vessel owners.
11.05.130 Derelict, nuisance, unseaworthy, wrecked and sunken vessels.
11.05.140 Commercial use of port facilities.
11.05.150 Port permits and agreements.
11.05.160 Smoking prohibited on docks, etc.
11.05.170 Igniting of combustible materials on docks, etc.
11.05.180 Low sulfur fuel required.
11.05.010 Purpose.
The purpose of this chapter is to protect and preserve the lives, health, safety and well being of the people of the city who use or work upon the Valdez Port facilities, or who make sales and deliveries of goods and merchandise to vessels therein, or who use such facilities in the course of visits from commercial or pleasure purposes; to protect the property of such persons by regulating the use of its facilities to ensure the widest public use thereof; to prevent the maintenance of nuisances, fire and health hazards; to make reasonable charges for the use of certain facilities to enable the city, insofar as possible, to pay the costs of maintenance, operation and supervision of the Valdez Port facilities from the revenues derived therefrom; that all of the provisions of this chapter shall be liberally construed for the accomplishment of the purposes of promoting the general welfare, and of operating upon a nonprofit basis a public utility consisting of public wharves and appurtenances. (Ord. 03-03 § 1)
11.05.020 Definitions.
The definitions set forth in Section 11.04.020 of the Valdez Municipal Code are hereby adopted by reference with the following exceptions:
A. All references to “harbormaster” shall read “port director”;
B. All references to “small boat harbor” shall read “port facilities”;
C. “Dockage” is added and shall mean the charge assessed vessels for docking at a wharf, pier, or for mooring to a vessel so docked, or for coming within a slip;
D. Subsection “2.d.” under the definition of “nuisance” is deleted;
E. “Port facility” is added and shall mean the Valdez Container Terminal Dock and Marshalling Yard, the city dock and all upland properties managed by the port department;
F. “Tariff” is added and shall mean all fees, charges or rentals for space, storage or services in the port facilities as established by city council through resolution which may be revised or changed from time to time. Payment of any such fee, charge or rent does not grant an exclusive dockage or storage privilege;
G. “Wharf demurrage” is added and shall mean a charge assessed against cargo remaining in or on port facilities after the expiration of free time, unless arrangements have been made for storage;
H. “Wharfage” is added and shall mean the charge assessed against freight passing or conveyed over, onto or under wharves or between vessels or overside vessels when berthed at wharf or moored in slip adjacent to wharf; it is the charge for use of wharf and does not include charge for any other service;
I. The following definitions are deleted for the purpose of this chapter: “aircraft,” “harbormaster,” “loading zones,” “moorage,” “reserved moorage,” “small boat harbor tariff,” “slip,” “trailer,” “transient,” and “Valdez Small Boat Harbor.” (Ord. 03-03 § 2)
11.05.030 Administration of port facilities.
Section 11.04.030 of the Valdez Municipal Code is adopted by reference except that all references to “small boat harbor” shall read “port facilities” and all references to “harbormaster” shall read “port director.” (Ord. 03-03 § 3)
11.05.040 Port fund.
The city finance department shall maintain a separate account titled “Valdez Port fund.” All dockage, wharfage and other fees arising out of the operation of the port facilities by the city shall be deposited to this fund and used exclusively for such costs of operation, maintenance and supervision of the port facilities as the city council may from time to time authorize; except, that when advances are made to such fund by the city general fund, the port fund may reimburse such general fund by approval of the city council. (Ord. 03-03 § 4)
11.05.050 Use of port facilities—Implied agreement.
The mooring, use or presence of any vessel within the port facilities shall constitute an agreement by the owner, operator, master and managing agent of the vessel to conform to the provisions of this chapter and any amendments, and any rule, regulation or order made pursuant thereto including the Port of Valdez terminal tariff. (Ord. 03-03 § 5)
11.05.060 Presence in certain areas of container terminal prohibited.
A. No person shall enter or remain in or upon the causeway, trestle, marshalling yard, ramps, or dock of the Valdez container terminal without authorization from the city manager or his designee.
B. The city manager is authorized to post and maintain signs at the Valdez container terminal to advise the public that entry without authorization is prohibited by law. (Ord. 03-03 § 6)
11.05.070 Violation and prohibited acts generally.
It is a violation for any user of the port facilities to fail to comply with the approved policies and procedures. (Ord. 03-03 § 7)
11.05.080 Limitations of liability.
Section 11.04.050 of the Valdez Municipal Code is hereby adopted by reference except that all references to “small boat harbor” shall read “port facilities” and all references to “harbormaster” shall read “port director.” (Ord. 03-03 § 8)
11.05.090 Tariff.
All fees, charges or rentals for space, storage or services in the port facilities are established by city council through resolution which may be revised or changed from time to time. All fees, charges or rentals for space, storage or services in the port facilities will be reviewed by the ports and harbor commission. Payment of any such fees, charge or rent does not grant an exclusive mooring or storage privilege. The Port of Valdez terminal tariff shall be filed with the Federal Maritime Commission per Part 525 of Title 46 Code of Federal Regulations and Section 8 of the Shipping Act of 1984 (46 U.S.C. app. 1707). (Ord. 03-03 § 9)
11.05.100 Unpaid fees and charges.
Unpaid rentals, charges and fees for space and services in the Valdez port facilities shall be a personal liability of the vessel owner, holder of the reserved space, and person who incurred the charge. (Ord. 03-03 § 10)
11.05.110 Duties of vessel owners.
A. Every vessel owner using dockage or storage facilities of the port facilities is required to register his name, telephone number, post office and street address, and the name and number of the vessel, its length, and cargo tonnage, if any, with the port department, on forms to be provided for that purpose, either before or immediately after such vessel moors at any dock in the port.
B. Every vessel owner desiring to moor at a dock or utilize storage areas shall apply therefor to the port department. No such space shall be used until so assigned.
C. In addition to the duties of registering as above provided, every such owner of any vessel using the dock facilities of the port shall:
1. Use all reasonable precautions in keeping the vessel and docks in a reasonably clean and sanitary condition;
2. Use all reasonable precautions in keeping the vessel free from fire and safety hazards of any type or nature;
3. Use all reasonable effort and precautions in keeping the vessel well secured, securely moored with lines in reasonably fit condition, sufficiently pumped out at all times to keep the vessel afloat and to otherwise attend the needs of the vessel to avoid attention by the port department;
4. Use adequate precautions to lock up and stow and otherwise safeguard all movable gear and tackle;
5. Promptly pay all rentals, charges, fees and taxes assessed or levied according to law upon or against the vessel or its owner, and all rentals and charges for utilities required and ordered by the vessel or its owner;
6. Fully comply with all federal, state and local laws and regulations which pertain to boating requirements, including but not limited to identification procedures, safety devices or equipment and water pollution control. (Ord. 03-03 § 11)
11.05.120 Required equipment.
Section 11.04.090 of the Valdez Municipal Code is hereby adopted by reference except that all references to “small boat harbor” shall read “port facilities.” (Ord. 03-03 § 12)
11.05.130 Derelict, nuisance, unseaworthy, wrecked and sunken vessels.
Section 11.04.120 of the Valdez Municipal Code is hereby adopted by reference with the following exceptions:
A. All references to “small boat harbor” shall read “port facilities” and all reference to “harbormaster” shall read “port director”; and
B. Subsection C is revised to read as follows:
C. Other nuisances. Refuse of all kinds, structures or pieces of any structure, dock sweepings, dead animals or parts thereof, timber, logs, piles, broom sticks, lumber, boxes, paint, empty containers and oil of any kind floating uncontrolled on the water, and all other substances or articles of a similar nature are declared to be public nuisances, and it is unlawful for any person to throw or place in or cause or permit to be thrown, or place any of the above-named articles or substances in the port or upon the shores thereof or in such position that the same may or can be washed into the port either by high tides, storms, floods or otherwise. Nets, gear and other material left on any dock or upland property without proper agreement for more than ninety-six hours is declared a nuisance. Any person causing or permitting the nuisances to be placed as aforesaid shall remove the same and upon failure to do so, the same may be removed or caused to be removed by the port director. When the port director has authorized such nuisances to be removed and stored, all costs of such removal and any costs of storage shall be paid by and recoverable from the persons creating the nuisance. The abatement of any such public nuisances shall not excuse the person responsible therefor from prosecution for violation of the law.
(Ord. 03-03 § 13)
11.05.140 Commercial use of port facilities.
The commercial use of the port facilities is established by permit. Any individual desiring to use a port facility for commercial use must apply to the port department for an applicable permit. (Ord. 03-03 § 14)
11.05.150 Port permits and agreements.
All users of the port facilities shall be required to obtain the necessary permit or agreement prior to use of the facilities. (Ord. 03-03 § 15)
11.05.160 Smoking prohibited on docks, etc.
Section 11.04.220 of the Valdez Municipal Code is hereby adopted by reference. (Ord. 03-03 § 16)
11.05.170 Igniting of combustible materials on docks etc.
Section 11.04.230 of the Valdez Municipal Code is hereby adopted by reference. (Ord. 03-03 § 17)
11.05.180 Low sulfur fuel required.
Section 11.04.180 of the Valdez Municipal Code is hereby adopted by reference. (Ord. 03-03 § 18)
11.05.190 Pollution control.
Section 11.04.240 of the Valdez Municipal Code is hereby adopted by reference. (Ord. 03-03 § 19)