Chapter 14.05
MOORAGE
Sections:
14.05.005 Registration required.
14.05.008 Residential user fee period and duty to report.
14.05.020 Customer service moorage.
14.05.025 General moorage conditions and restrictions.
14.05.045 Electric service to vessels.
14.05.050 Authority of harbormaster to board and move vessel.
14.05.055 Forfeiture of space.
14.05.060 Authority of harbormaster to utilize restricted areas.
14.05.005 Registration required.
Every owner, master or managing agent of a vessel using the harbor is required to register with the harbormaster within two hours after such vessel first enters the harbor. Registration information required will include the person’s name, address and phone number, the vessel owner’s name, address and phone number and the vessel’s name, home port, official number or state registration number, color, overall length, breadth and draft, and such other information as the harbormaster may require. Said owner, master or managing agent shall promptly notify the harbormaster of any changes in registration information. [Ord. 668 § 4, 2000; Ord. 625 § 5, 1996.]
14.05.008 Residential user fee period and duty to report.
The residential user fee will be assessed on a calendar month basis. The owner of the vessel is responsible for immediately notifying the harbor department office when their vessel is being occupied and used, rented, or leased as a place of residence. Once a vessel is used as a residence, the harbor department will continue to assess the residence user fee until the owner of the vessel gives written notice to the harbor department that the vessel is no longer used for a residence.
Pursuant to WMC 14.05.005, 14.11.010, Chapter 14.13 WMC, and all other relevant sections, the City and Borough of Wrangell may seek to collect outstanding residential user fees against any known owner, master, managing agent, registered residential user, other responsible party or the vessel itself.
Residential fees shall be adopted in the harbor and port facilities fee schedule by resolution of the assembly. [Ord. 984 § 4, 2021.]
14.05.010 Transient moorage.
A. Availability. Transient moorage space is available within the harbor at locations designated or assigned by the harbormaster which may include temporary use of reserved moorage space. A written and signed application for such space on a form provided by the harbormaster shall be provided to the harbormaster within the time allowed for registration. Prepayment of fees for such moorage may be required. Approval of such application by the harbormaster confers no rights in the land or water constituting the space. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application.
B. Rental Periods. The daily rental period is 8:00 a.m. on the first calendar day to 8:00 a.m. the next calendar day. The monthly rental period is any calendar month beginning on the first day of the month and ending on the last day of the month. A vessel accumulating greater than four days transient moorage in any calendar month will be charged on a monthly basis. Annual transient moorage must be requested in advance. Annual transient moorage will not be granted unless and until the person requesting annual transient moorage has taken all required steps for placement on the wait list for reserved moorage. The annual rental period is the fiscal year beginning July 1st and ending the following June 30th. A transient moorer requesting annual moorage after the start of the fiscal year will be charged a prorated annual fee.
C. Grace Period. [Repealed.]
D. No Preferential Right. The transient moorage user receives the privilege of occupying designated or assigned transient moorage space on an as-available basis. Users have no preferential right to moor in any particular location in transient moorage, nor the right to return to the same space if another vessel is occupying that space.
E. Rafting. Rafting of vessels in transient moorage space shall be permitted at locations from time to time as designated by the harbormaster. Vessels moored in such locations are subject to yet another vessel mooring alongside. Each vessel must have at least one line to the float alternating ends.
F. Authority of Harbormaster to Move Vessel. The harbormaster shall have authority to move a vessel in transient moorage space to another location in the event of fire or other emergency or to better use available space. Dinghies, skiffs or other auxiliary vessels may not be tied along side of vessels in transient moorage space.
G. Prepayment. Users of daily transient moorage space qualify for a discount, if moorage fees due are paid prior to end of calendar month. Fees shall be assessed as listed in WMC 14.11.005. [Ord. 784 § 1, 2006; Ord. 668 § 4, 2000; Ord. 625 § 5, 1996.]
14.05.015 Reserved moorage.
A. Availability. Reserved moorage space is available within the harbor at locations designated or assigned by the harbormaster. Reserved moorage space shall be assigned on a first-come, first-served basis to those who have provided to the harbormaster a written and signed application for such space on a form provided by the harbormaster.
B. Assignment of Reserved Moorage. Reserved moorage space shall be assigned by the harbormaster to ensure the maximum use of space available. The harbormaster will establish minimum and maximum vessel sizes for each space or class of spaces. Minimum length of vessel will be no less than three feet the length of the finger, maximum length of vessel will be no greater than 10 feet the length of the finger. Minimum length excludes spaces 20 feet or less. Maximum length excludes spaces greater than 50 feet.
C. Wait List. If there are more applications received than there are spaces available, the harbormaster shall establish and maintain a reserved moorage wait list as follows:
1. Application. Applications will be placed on wait list in the order in which they are received. Application shall include the sign-up date, the name, address and telephone number of the applicant, the vessel’s name, home port, official number or state registration number, color, overall length, breadth and draft or if applicant does not currently own a vessel, the proposed dimensions of the vessel to be acquired and any location preferences. To be placed on the wait list, an applicant’s fines and fees must be paid to date.
2. Deposit Required. A nonrefundable and noninterest-bearing deposit shall be required to place an application on the list. The deposit shall be applied against the applicant’s reserved moorage fees following assignment of reserved moorage space.
3. Changes. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application. Any change in overall length, breadth, or draft of a vessel previously placed on the wait list may require reapplication if such changes require a different stall size than that which the applicant previously requested. No additional deposit will be required.
4. Transfer. Wait list priority may not be transferred except between husband and wife or to an applicant’s heir or devisee upon death.
5. Retention of Wait List Priority. If an applicant chooses not to accept a reserved moorage space when offered or does not respond to a notice by the harbormaster, the applicant does not forfeit any priority on the wait list for subsequent space. If an applicant refuses to accept a reserved moorage space when offered on two separate occasions, or fails to respond on two separate occasions, it shall be presumed that the applicant has voluntarily withdrawn his application and the applicant will be removed from the wait list and his deposit forfeited. To retain wait list priority, an applicant must remain current on harbor fees and fines.
6. Notice of Space Availability. When space becomes available, the harbormaster shall notify the applicant who first applied for reserved moorage for a vessel of the size for which space is available. Notice shall be by certified mail, effective upon mailing. An applicant shall have 30 days to respond. If the applicant declines the offered space, or if no response is received within the period allowed, then the harbormaster will notify the next eligible applicant on the wait list and so on until the space is rented.
D. Two Space Limit. As long as there are applicants on the wait list awaiting assignment of reserved moorage space, no person who is currently a holder of two or more reserved moorage spaces may be assigned an additional reserved moorage space notwithstanding the number of vessels held with a qualifying interest by the applicant.
E. Preference. Approval of an application for reserved moorage space and assignment of space by the harbormaster confers only the privilege of occupying the assigned moorage space on a preferential basis and does not convey any rights in the land or water constituting the space.
F. Temporary Use by Other Vessels. The harbormaster shall have full discretionary authority to allow other vessels to occupy an empty reserved moorage space any time the assigned vessel is absent for more than five days, without compensation to the reserved moorage holder.
G. Duration. A holder’s right to reserved moorage space, once assigned, continues until the holder voluntarily or involuntarily relinquishes the space.
H. Retention When Vessel is Sold, Lost, Destroyed or Stolen. A reserved moorage holder must promptly notify the harbormaster if the holder ceases to have a qualifying interest in the vessel assigned to reserved moorage space. The holder may retain the reserved moorage space if the holder obtains a qualifying interest in another vessel of the appropriate size within six months and registers the new vessel with the harbormaster pursuant to WMC 14.05.005. The harbormaster may, for cause, grant an extension not to exceed an additional six months if the vessel was lost, destroyed or stolen. If the holder obtains a qualifying interest in another vessel that is smaller than minimum vessel size established by the harbormaster for the assigned space, the holder may retain and use the reserved moorage for the smaller vessel until reserved moorage space of the correct size becomes available in the same harbor, unless another harbor is acceptable to the holder. If the holder obtains a qualifying interest in another vessel that is larger than the maximum vessel size established by the harbormaster for the assigned space, the holder will not be permitted to use the space for the larger vessel. If the holder intends to also obtain an appropriately sized vessel, he may continue to hold the assigned reserved moorage for the time periods noted above.
I. Death. In the case of the death of the holder of reserved moorage space, the space may be transferred to the heir or devisee who obtains ownership of the vessel if a request is made to the harbormaster with appropriate documentation.
J. Relinquishment. A reserved moorage space holder may voluntarily relinquish reserved moorage at any time by notifying the harbormaster in writing.
K. Auxiliary Vessel. A reserved moorage space holder may moor a secondary auxiliary vessel to primary vessel so long as it does not interfere with adjacent vessel moorage or harbor traffic. Fees shall be assessed as listed in WMC 14.11.005.
L. Live Aboard Vessel Limit. Live aboards will constitute no more than five percent of total stalls. The float assignments are as follows:
|
Shoemaker Bay |
5 |
|
Heritage |
6 |
|
Fish and Game |
4 |
|
Reliance |
3 |
|
Standard Oil |
1 |
|
Inner Harbor |
2 |
|
Total |
21 |
M. Live Aboard Vessel Requirements. All live aboard vessels are required to have either a Type 1, 2, 3 or other approved non-discharge sewer system. Portable toilet systems with a built-in tank are considered a Type 3 system. Vessels with Type 3 systems will be required to utilize the harbor department’s pump out system to ensure sewage is properly disposed of. Vessels that have either Types 1 or 2 will be required to obtain any necessary permits. Live aboard vessel owners currently living in Wrangell harbors that do not currently have an approved system will be given 90 days following written notification to comply with this regulation. Failure to comply with this regulation will result in the loss of right to utilize their vessel as a live aboard.
N. Oversized Vessel Beam. A vessel that occupies more than 45 percent of the total berth width between the two finger stalls will be assessed in surcharge. A vessel’s beam will be determined by measuring its widest point. A charge based on the cost of a square foot of space in the vessel’s stall will be assessed for each foot of oversized width. The formula to be used is as follows: stall length X the excess width X the cost of a square foot of the vessel’s stall. Any boat width measurement over six inches will be considered to be the next foot when determining the boat width figure. [Ord. 848 § 2, 2010; Ord. 847 § 2, 2010; Ord. 819 § 2, 2008; Ord. 668 § 4, 2000; Ord. 625 § 5, 1996.]
14.05.020 Customer service moorage.
A. Availability. Customer service moorage space is available within the harbor at locations designated or assigned by the harbormaster. Customer service moorage space shall be assigned on a first-come, first-served basis to those who have provided to the harbormaster a written and signed application for such space on a form provided by the harbormaster.
B. Assignment of Customer Service Moorage. Customer service moorage space shall be assigned by the harbormaster to ensure the maximum use of space available. The harbormaster will establish minimum and maximum vessel sizes for each space or class of spaces.
C. Wait List. If there are more applications received than there are spaces available, the harbormaster shall establish and maintain a customer service moorage wait list as follows:
1. Application. Any bona fide vessel maintenance business may apply for customer service moorage by completing an application form provided by the harbormaster. Wait list information provided by the applicant shall include the sign-up date, the applicant’s name, address, and telephone number, the business name, address, telephone number and current Alaska business license number; the proposed dimensions of the vessels to be serviced and any location preference. Applications will be placed on wait list in the order in which they are received. To be placed and to remain on the wait list, an applicant’s fines and fees must be paid to date.
2. Deposit Required. A nonrefundable, noninterest bearing deposit shall be required to place an application on the list. The deposit shall be applied against the applicant’s customer service moorage fees following assignment of a customer service moorage space.
3. Changes. The applicant shall promptly notify the harbormaster of any changes in the information set forth on the application. Any change in overall length, breadth, or draft of a vessel previously placed on the wait list may require reapplication if such changes require a different stall size than that which the applicant previously requested. No additional deposit will be required.
4. Transfer. Wait list priority for customer service moorage shall not be transferred.
5. Retention of Wait List Priority. If an applicant chooses not to accept a customer service moorage space when offered or does not respond to a notice by the harbormaster, the applicant does not forfeit any priority on the wait list for subsequent space. If an applicant refuses to accept a customer service moorage space when offered on two separate occasions, or fails to respond on two separate occasions, it shall be presumed that the applicant has voluntarily withdrawn his application, and the applicant will be removed from the wait list and his deposit forfeited. To retain priority on the wait list, the applicant must remain current on harbor fees and fines.
6. Notice of Space Availability. When space becomes available, the harbormaster shall notify the applicant who first applied for customer service moorage for a vessel of the size for which space is available. Notice shall be by certified mail, effective upon mailing. An applicant shall have 30 days to respond. If the applicant declines the offered space, or if no response is received within the period allowed, then the harbormaster will notify the next eligible applicant on the wait list and so on until the space is rented.
D. One Space Limit. As long as there are applicants on the wait list awaiting assignment of customer service moorage space, no person, business, partnership, corporation, or government agency which is currently a holder of a customer service moorage space may be assigned an additional customer service moorage space.
E. Preference. Approval of an application for customer service moorage space and assignment of space by the harbormaster confers only the privilege of occupying the assigned moorage space on a preferential basis and does not convey any rights in the land or water constituting the space.
F. Temporary Use by Other Vessels. The harbormaster shall have full discretionary authority to allow other vessels to occupy an empty customer service moorage space any time the space is vacant for more than five days, without compensation to the customer service moorage holder.
G. Duration. A holder’s rights to reserved moorage space, once assigned, continues until the holder voluntarily or involuntarily relinquishes the space. [Ord. 625 § 5, 1996.]
14.05.025 General moorage conditions and restrictions.
A. Qualified Interest Required. Moorage may only be assigned to an applicant with a qualified interest in the vessel to which space is to be assigned.
B. No Unpaid Charges. Moorage may only be assigned to an applicant who has no delinquent fees or unpaid fines.
C. One Space. No vessel may be assigned to more than one transient or reserved moorage space, or to both a transient and a reserved space.
D. Use by Assigned Vessel Only. Reserved moorage space may only be used by the holder for the assigned vessel.
E. No Assignment or Transfer. Moorage space shall not be assigned or transferred by the holder thereof and does not transfer with the sale or other disposition of the vessel except as provided in WMC 14.05.015(I). Moorage space shall not be involuntarily assigned or transferred by operation of law except as expressly provided in this title. [Ord. 625 § 5, 1996.]
14.05.030 Refusal of moorage.
The harbormaster may refuse moorage to any vessel or applicant who the harbormaster has probable cause to believe has not complied, or is not in compliance, with this title. [Ord. 625 § 5, 1996.]
14.05.035 Required equipment.
All vessels moored in the harbor shall carry the equipment required by any applicable United States laws or regulations, and shall be numbered or designated in accordance with any applicable United States laws or regulations. In the absence of extenuating circumstances, failure of any vessel within the Port of Wrangell to comply with applicable United States laws or regulations shall be a violation of this title. [Ord. 625 § 5, 1996.]
14.05.040 Utilities.
Electric and water utility service may be provided to vessels moored in the harbor in such locations and according to such specifications as the harbormaster may specify by regulation. The harbormaster may require that a moored vessel utilize harbor electric service in lieu of self-generation. [Ord. 625 § 5, 1996.]
14.05.045 Electric service to vessels.
The harbormaster will, by permission of vessel owner or agent, have the authority to enter any vessel connected to the municipal electrical system to inspect electrical equipment to assure compliance with this and other applicable codes. If permission is not granted, the harbormaster may disconnect said shore power from the offending vessel. Vessels using harbor electric service must comply with the following:
A. Flexible cords shall be used only in continuous lengths without splices or taps.
B. Cords, attachment plugs and connector bodies shall not be smaller than required for the rated current of the attached cord or connected equipment. Maximum allowable current-carrying capacity of flexible cords is as follows:
|
Size (AWG) |
Thermoplastic Types TPT, TST |
Thermo Types C, E, EO, PD, S, SJ, SJO, SJOW, SJOO, SJOOW, SO, SOW, SOO, SOOW, SP-1, SP-2, SP-3, SRD, SV, SVO, SVOO Thermoplastic Types ET, ETLB, ETP, ETT, SE, SEW, SEO, SEOW, SEOOW, SJE, SJEW, SJEO, SJEOW, SJEOOW, SJT, SJTW, SJTO, SJTOW, SJTOO, SJTOOW, SPE-1, SPE-2, SPE-3, SPT-1, SPT-1W, SPT-2, SPT-2W, SPT-3, ST, SRDE, SRDT, STO, STOW, STOO, STOOW, SVE, SVEO, SVT, SVTO, SVTOO |
Types HPD, HPN, HSJ, HSJO, HSJOO |
|
|
27 |
0.5 |
Column A |
Column B |
|
|
20 |
|
5 |
|
|
|
18 |
|
7 |
10 |
|
|
17 |
|
9 |
12 |
10 |
|
16 |
|
10 |
13 |
13 |
|
15 |
|
12 |
16 |
15 |
|
14 |
|
15 |
18 |
17 |
|
12 |
|
20 |
25 |
20 |
|
10 |
|
25 |
30 |
30 |
|
8 |
|
35 |
40 |
35 |
|
6 |
|
45 |
55 |
|
|
4 |
|
60 |
70 |
|
|
2 |
|
80 |
95 |
|
The allowable currents under Column A apply to three phase power and the allowable currents under Column B apply to single phase power.
C. Cords shall be of the type designed for “hard usage and wet locations.” Cords with the “W” suffix are suitable for use in wet locations.
D. Infrared heating lamps may only be used with porcelain-type sockets.
E. Any heater capable of causing a fire if overturned must be equipped with a safety switch that will disconnect electric current to the heater if overturned.
F. Adaptors which meet code are acceptable.
G. Violation of any of the provisions of this section is punishable up to the maximum fine of $500.00. [Ord. 832 § 1, 2009; Ord. 668 § 4, 2000; Ord. 625 § 5, 1996.]
14.05.050 Authority of harbormaster to board and move vessel.
In the event of a vessel obstructing a harbor facility, fire, pollution or risk of pollution, or other cause affecting the safety of persons and property in the harbor, the harbormaster may board, replace inadequate mooring lines on, pump water out, and move any vessel within the harbor, or take other action with respect to such vessels to prevent loss of life or property or to abate pollution or the risk of pollution and to ensure the safe and efficient operation of harbor facilities. This section creates no duty or obligation of the harbormaster to take any such action, nor any liability for any such action taken. [Ord. 625 § 5, 1996.]
14.05.055 Forfeiture of space.
A moorage space holder’s right to an assigned space shall be involuntarily forfeited and his right to use the assigned space terminated if:
A. The holder supplies misleading or false information in the space application;
B. The holder fails to pay all fees as provided by this title without prior written agreement to pay such fees on other terms acceptable to the harbormaster;
C. The holder fails to maintain a qualified interest in the assigned vessel or substitute qualified vessel within the period allowed;
D. The holder fails to use the space for the assigned vessel at least two months each calendar year;
E. The holder fails, upon request of the harbormaster, to provide proof of a qualifying interest in the vessel assigned to the space;
F. The holder fails to maintain on the vessel the equipment required by WMC 14.05.035; or
G. The vessel to which the space is assigned becomes a nuisance. [Ord. 625 § 5, 1996.]
14.05.060 Authority of harbormaster to utilize restricted areas.
Notwithstanding any provision of this title to the contrary, the harbormaster may, from time to time, in the interest of safety, health, convenience, order and efficiency, authorize the otherwise restricted use of areas such as loading zones, the seaplane float and similar areas as transient moorage space for a specific period of time. Such use shall be subject to payment of transient moorage fees and all other ordinances pertaining to transient moorage. [Ord. 802 § 1, 2007.]