Chapter 2.42 PORT OF DILLINGHAM

A. The purposes of the port regulations set forth in this chapter are to protect and preserve the lives, health, safety and well-being of the people who have property in, or use or work upon a boat therein, or who use the facilities in the course of visits for commercial or pleasure purposes; to protect the property of such boat owners by regulating the port and its facilities to ensure the widest possible public use thereof; to prevent nuisances, fire and health hazards; and to make reasonable charges for the use of certain facilities to enable the city to pay the costs of maintenance, operation and supervision of the port facilities.

B. All sections of this chapter shall be liberally construed for the accomplishment of the purposes described in this section. (Ord. 08-05 § 2 (part), 2008.)

2.42.020 Conflicts with federal and state laws and regulations.

When any section of this chapter is found to be in conflict with federal and/or state laws and regulations governing the equipping, operation and licensing of boats and vessels on navigable waters of the United States prevail, but the remaining sections of this title shall not be affected. (Ord. 08-05 § 2 (part), 2008.)

2.42.030 Port director—Jurisdiction.

A. The city manager shall employ a port director who shall have general control and supervision of docks, small boat harbor, and boat ramp facilities and shall preserve order at all times about the same. The port director shall enforce all regulations and tariffs governing public use of the small boat harbor, dock and boat ramps.

B. The port director may prohibit the use of any wharves and docking facilities owned or controlled by the city at any time when closing the facilities is required to protect and preserve the public welfare and safety.

C. The utilization of any city-owned or city-operated mooring facility or waterway within the dock area, boat ramp areas, and small boat harbor shall be deemed as a grant of authority to the city manager, port director, or any other person authorized by the city council to board the vessel for the purpose of enforcing this chapter and to move the vessel if it is moored in violation of any provision of this chapter or if required by an emergency or other provision set forth in this chapter.

D. The port director is granted the power and authority to, from time to time, but without any obligation or duty to do so, and without any obligation or liability on his part or that of the city for not doing so, replace defective mooring lines, pump vessels which are in dangerous condition for lack thereof, and to move any vessel for the purpose of protecting the vessel from fire or other hazard, or for the protection of other vessels therefrom. Whenever the port director shall perform any of the acts herein before authorized, after having given notice to the vessel owner or operator at the registered address of the immediate need therefor, or having attempted to give such notice, the vessel’s owner is required to pay to the city such fees as are set forth by the city council by resolutions.

E. The authority granted to the port director shall not create an obligation or duty requiring the port director to take any action to protect or preserve any vessel or property located within the port or utilizing the port’s facilities. The city shall not be responsible for loss or damage from fire or other casualty, or theft, vandalism or any other causes of injury to vessels or property moored or located within the port. The city shall not be responsible for any items which have been impounded.

F. The port director shall enforce areas designated by the city within the port for various uses, shall mark reserved and transient mooring areas and loading zones, and shall post such other signs, markings, numbers or informational devices as will notify and inform interested parties of authorized and prohibited uses of the port and harbor.

G. “Port director” means the official hired by the city manager to serve as port director, and any other city employee authorized or designated by the port director or city manager to enforce the provisions of this chapter. (Ord. 08-05 § 2 (part), 2008.)

2.42.040 Definitions.

As used in this chapter, the following definitions shall apply:

“Auxiliary vessel” means a seine or snag skiff used in a commercial fishing operation or any skiff or raft used as a lifeboat or used for ship to shore transportation.

“Beam” means the greatest overall width of the vessel including booms, spars, gins, or any fixed protuberances.

“Derelict” means any vessel moored or otherwise located within the boundaries of the small boat harbor which reasonably appears to have been forsaken, abandoned, deserted, or cast away, or which, in the opinion of the port director or any recognized marine surveyor, is unsound, unseaworthy, and unfit for its trade or occupation and which reflects substantial evidence of neglect.

“Exclusive moorage” refers to a signed agreement between the city and the owner or operator of a vessel for a certain, specific moorage space within the city harbor or port facilities during which times services provided by the city through the port director may be needed by the owner or operator of the vessel.

“Harbor and/or port facilities” means all piers, floats, berths, parking areas, and other launching, loading, mooring, and repair facilities owned or operated by the city including the small boat harbor, Kanakanak Beach and road access, Wood River Launch Site, and the dock facilities and property.

“Port director” means the official hired by the city manager to serve as port director and any deputy port director, port security officer, or other city employee authorized or designated by the port director or city manager to enforce the provisions of this chapter.

“Dillingham harbor” means all saltwater or tidewater lying within the boundaries of the city.

“Length” means the overall length as measured from the most forward portion, including booms, spars, gins, or any fixed protuberances, to the most aft portion of the vessel, including booms, spars, gins, or any fixed protuberances.

“Local boat” means a vessel operating out of the Port of Dillingham whose owners or operators are residents of the city.

“Operator” means the registered master or skipper of a vessel or any other person who is in actual physical control of a vessel.

“Primary vessel” means a documented or registered vessel with the U.S. Coast Guard and the city.

“Recreation vessel” means a craft used primarily for personal recreation and pleasure.

“Small boat harbor” means the area of water in the Dillingham harbor within the boundaries created by breakwaters and by the shoreline of mean high water, together with all harbor facilities located in that area to include the Wood River Launch site.

“Term moorage” refers to a signed agreement between the city and the owner or operator of a vessel for an unspecified time during which services provided by the city through the port director may be needed by the owner or operator of a vessel.

“Transient” means any boat not registered by an exclusive moorage agreement or term moorage with the port director.

“Vessel” means a boat, motorboat, ship, waterborne aircraft, houseboat, float, scow, raft, pile driver or other floating structure or object used for recreational, commercial, or other purpose upon the waterway or moored at any place on the waterway.

“Vessel mooring agreement” refers to a term moorage, exclusive moorage, or daily moorage agreement.

“Waterway” means any water, lake, river, tributary, or lagoon within the boundaries of the city. (Ord. 08-05 § 2 (part), 2008.)

2.42.050 Mooring without registration and other prohibited acts.

A. 1. No person may moor, berth, tie, attach or connect a vessel to any harbor facility without registering with the port director and paying or executing an agreement to pay applicable moorage charges.

Vessels operating in the city’s waterways or moored to floats or dock facilities, either private or public, within the city limits shall register the vessel with the port director for the safety and public welfare of the city.

2. It is the responsibility of a boat hauler to make sure the boat(s) they are launching or pulling out have paid current fees for their harbor use. If the boat(s) being launched or pulled out do not have the proper paperwork filed with the port director, the hauler will be charged or cited.

B. A person registering a vessel with the port director shall present the U.S. Coast Guard documentation or registration papers for the vessel and provide the name, number, type, dimension, description, and uses of the vessel, the name and address of the registered owner, operator, and agent for the vessel, the type of registry requested, and such other information as may be requested by the operator of a vessel previously registered with the port director, the previous owner or operator shall so notify the port director within thirty days after the change. A new vessel mooring agreement shall be signed by the new owner or operator within twenty-four hours after the vessel’s first use of any port or harbor facilities following the change.

C. It is unlawful to moor where signs prohibiting moorage at floats, docks, ramps, or loading zones are posted. It is unlawful to moor in areas restricted as exclusive moorage without first obtaining permission from the port director.

D. Vessels that are registered and moored but fail to pay moorage fees as required, or that are in violation of any section of this code, may be moved or restrained at any time by the port director, with or without notice to the vessel owner or operator, and the owner or operator shall be charged the applicable fee for the port director’s services.

E. A vessel that is moored but not registered with the port director may be moved at any time by the port director, with or without notice to the vessel owner or operator, and the owner or operator shall be charged the applicable fee for the port director’s services in addition to transient harbor fees.

F. It is unlawful for any person to make any false statement or knowingly to provide any inaccurate information in a vessel mooring agreement or application for the use of harbor and/or port facilities.

G. It is unlawful for any person who authorizes or permits him or herself to be listed in a vessel mooring agreement as an owner or operator of a vessel to fail to respond or to deny association with the vessel when called upon by the port director to move, pump, or otherwise attend the vessel.

H. The port director may require any vessel moored to or otherwise utilizing harbor and/or port facilities, whether or not the subject of a vessel mooring agreement, to be moved as necessary to effect repairs or additions to or the replacement of floats, docks, buoys, and similar facilities.

I. Vessels moored in the boat harbor and all trailers parked within the city harbor facilities or launch facilities are required to conspicuously display a current harbor decal. (Ord. 08-05 § 2 (part), 2008.)

2.42.060 Multiple boat moorage.

If a person utilizing moorage facilities owns or operates more than one boat that may from time to time be moored to the float, the moorage charge shall be based on the applicable rate as set by the city council. (Ord. 08-05 § 2 (part), 2008.)

2.42.070 Auxiliary vessels.

Only one auxiliary vessel is permitted to each primary vessel at no charge. If the primary vessel registers more than one auxiliary craft and the second vessel is in the water at the same time, the second vessel will be charged moorage. Auxiliary craft must be capable of being loaded aboard the primary vessel with that vessel’s own gear. An auxiliary vessel must not exceed one half the overall length of the primary vessel. Auxiliary craft must be consistent with and designed to support the type of fishery or operation engaged in by the primary vessel. A recreation vessel may not be registered as an auxiliary craft unless it is used as a lifeboat. (Ord. 08-05 § 2 (part), 2008.)

2.42.080 Loading docks and floats.

A. The loading docks in the Dillingham boat harbor are open to the public and vessels may be moored at the docks while loading and unloading. However, vessels may moor at the loading docks only for such period of time as is reasonably necessary to complete the loading or unloading operations.

B. The port director may designate an area of the loading docks to be utilized by vessels undergoing repairs or maintenance for a period of time reasonably necessary to complete the repair or maintenance. Vessels must register with the port director prior to using said designated areas.

C. Any vessel moored at loading docks for a period of time exceeding any initial free period the council may establish shall pay an additional daily fee as set by the city council.

D. All motor vehicles using harbor ramps, roads, parking areas and other motor vehicle access areas must comply with the provisions of Alaska Administrative Code Title 13. (Ord. 08-05 § 2 (part), 2008.)

2.42.090 Charges for facilities and services.

A. Charges required by the city to be paid in advance shall be paid at the port director’s office, or City Hall, prior to utilization of any facility or equipment, or receipt of any service.

B. The owner of a vessel is liable for fees and charges for moorage, equipment, and services provided by the city pursuant to this chapter, notwithstanding the fact that the moorage equipment or services were provided at the request of an operator or other agent. In addition to any suits for collection against the vessel owner or other available remedies, the city may assert a lien under admiralty law for fees or charges for vessels operating in the city’s waterways or moored to floats or dock facilities, either private or public, within the city limits shall register the vessel with the port director for the safety and public welfare of the city.

C. Vessels that are registered and moored but fail to pay moorage fees as required, or that are in violation of any section of this code, may be moved or restrained at any time by the port director, with or without notice to the vessel owner or operator, and the owner or operator shall be charged the applicable fee for the port director’s services.

D. A vessel that is moored but not registered with the port director may be moved at any time by the port director, with or without notice to the vessel owner or operator, and owner or operator shall be charged the applicable fee for the port director’s services in addition to transient harbor fees.

E. It is unlawful for any person to make any false statement or knowingly to provide any inaccurate information in a vessel mooring agreement or application for the use of harbor and/or port facilities.

F. It is unlawful for any person who authorizes or permits him or herself to be listed in a vessel mooring agreement as an owner or operator of a vessel to fail to respond or to deny association.

G. The port director may require any vessel moored to or otherwise utilizing harbor and/or port facilities, whether or not the subject of a vessel mooring agreement, to be moved as necessary to effect repairs or additions to or the replacement of floats, docks, buoys, and similar facilities.

H. Vessels moored in the boat harbor and all trailers parked within the city harbor facilities or launch facilities are required to conspicuously display a current harbor decal. (Ord. 08-05 § 2 (part), 2008.)

2.42.100 Denial of facilities, equipment or services.

A. When moorage facilities are crowded, the port director may refuse mooring facilities.

B. The port director may refuse moorage to any vessel that is or may become a fire hazard or otherwise become a menace to the safety or welfare of other boats or their occupants.

C. As a condition to permitting a vessel access to mooring facilities, the port director may require satisfactory evidence of seaworthiness of the vessel or evidence of adequate insurance coverage.

D. The port director may refuse moorage facilities or other services or equipment to any person or vessel in violation of the provisions of this chapter or delinquent in the payment of any authorized fee or charge. Any person, business, or vessel that is delinquent in the payment of any authorized fee or charge may be added to the port’s delinquent list pursuant to Rule 34.1 of the Port of Dillingham Terminal Tariff No. 400 and/or to the city’s denied services list using the procedures set forth in Chapter 4.40.

E. An owner or operator of a vessel may not fail or refuse to remove the vessel from the small boat harbor and any facilities in the Port of Dillingham, after the port director has notified the owner or operator of the vessel that moorage or mooring facilities are refused, terminated or withdrawn.

1. Notice of refusal, withdrawal, or termination of facilities or other services or equipment to a vessel that is not registered may be given verbally by the port director and shall be effective immediately.

2. Notice of refusal, withdrawal, or termination of moorage facilities to a registered vessel may be given by the port director verbally or in writing. Verbal notice relating to services and equipment shall be effective immediately. Verbal or written notice personally delivered to the owner or operator relating to the refusal, withdrawal, or termination of mooring facilities shall be effective twenty-four hours after the time of delivery unless a later effective date is specified in writing.

3. Written notice of refusal, withdrawal, or termination of mooring for a registered vessel may be mailed to the address designated on the registration information or may be posted in a conspicuous place on the vessel. A written notice that is posted or mailed shall be effective at four-thirty p.m. on the fifth day following posting or mailing of such notice. (Ord. 08-05 § 2 (part), 2008; Ord. 13-10 § 2, 2013.)

2.42.110 Safekeeping of vessels.

A. The owner or operator of a vessel shall use all reasonable efforts and caution to keep the vessel securely moored with lines in a reasonably fit condition, sufficiently pumped at all times to keep the boat afloat, and to otherwise attend the needs of the vessel to avoid any necessity for services or equipment from the port director.

B. If the port director determines that a vessel must be resecured, pumped, moved, or otherwise attended to protect the vessel or other adjacent vessels or property from existing hazards, the port director shall give or attempt to give written or verbal notice to the vessel owner or operator, at the registered address, of the need for services to the vessel.

C. If a vessel owner or operator fails, within a reasonable period of time after receipt of notice, to provide services needed for the protection of the vessel or other vessels or property, or if the port director is unable within a reasonable period of time to notify the owner or operator, the port director may replace defective mooring lines, attach additional mooring lines, pump vessels that are listing or sinking, move any vessel for the purpose of protecting that vessel from fire or other hazard or for the protection of other vessels or property, or render such other services as the port director determines may be needed.

D. A fee, based upon a schedule of rates and charges adopted by the council, shall be charged to the vessel owner or operator for each service the port director performs or causes to be performed for the protection of a vessel or adjacent property. (Ord. 08-05 § 2 (part), 2008.)

2.42.120 Disclaimer of liability.

The authority granted to the port director shall not create an obligation or duty requiring the port director to take any action to protect or preserve any vessel or property located within the Dillingham harbor or utilizing harbor facilities. The city assumes no liability for loss or damage to vessels, equipment, appurtenances, tackle, provisions, mooring lines, gear, supplies, or any other article attached or relating to a vessel, whether maintained or affixed to a vessel or separately stored at boat harbor facilities. (Ord. 08-05 § 2 (part), 2008.)

2.42.130 Operation of vessels.

A. No person may operate a vessel in a waterway in a reckless manner by creating a substantial or unjustifiable risk of harm to a person or property. A “substantial and unjustifiable risk” is a risk of such a nature and degree that the conscious disregard of it or a failure to perceive it constitutes a gross deviation from the standard conduct that a reasonable person would observe in the situation.

B. No person may operate a vessel in a waterway in a negligent manner so as to create an unjustifiable risk of harm that endangers a person or property. An unjustifiable risk is a risk of such a nature and degree that a failure to avoid it constitutes a deviation from the standard of conduct that a reasonable person would observe in the situation. The offense of negligent operation of a vessel is included in the offense of reckless operation of a vessel and a person charged with reckless operation may be convicted of negligent operation of a vessel.

C. No person may operate a vessel in any waterway while under the influence of an intoxicating liquor, narcotic drug, or hallucinogenic drug.

D. An operator of a vessel may not, within the waterway, use any siren, whistle, horn, or other noise-producing or noise-amplifying device on the vessel in such a manner that the peace and privacy of other persons in the Port of Dillingham or adjacent areas are disturbed. This section shall not be construed to prohibit the use of whistles, bells, or horns as emergency signals or when required by federal statutes or regulations relating to the navigation of vessels.

E. No person may operate a vessel at a speed in excess of that posted by the port director, nor may a person operate a vessel within any waterway at a speed which produces a wake, wash, or wave action which may or could reasonably be expected to damage any other boat or port facility or create discomfort to an occupant by causing such other boat to yaw, pitch, shear, or heave because of such wake, wash, or wave. There is a five mile per hour speed limit zone in the Port of Dillingham.

F. No person may anchor a vessel in any open area within the boundaries of the Port of Dillingham without first obtaining permission from the port director.

G. A vessel underway, upon being hailed by the port director vessel or patrol boat, is required to stop immediately and yaw to, or maneuver in such a way as to permit the port director to board or deliver a verbal message. (Ord. 08-05 § 2 (part), 2008.)

2.42.140 Blinding lights.

A. No person may operate a vessel searchlight or other bright light in a manner that will temporarily blind or interfere with the vision of the operator of any other vessel in the port.

B. No person may operate a searchlight or other blinding light on a vessel not underway in the Port of Dillingham, except in an emergency.

C. No person may operate a searchlight or other high intensity light on a vessel in such a manner that the safety and privacy of other persons in the immediate port area are disturbed. (Ord. 08-05 § 2 (part), 2008.)

2.42.150 Vessel restrictions.

A. No person may operate a vessel in the small boat harbor which has an overall length, beam, or draft in excess of that which may be safely operated within the harbor under tidal and other conditions present. A person who operates within the small boat harbor a vessel which exceeds or may exceed the limits for safe operations shall do so at the operator’s own risk.

B. No person may operate a vessel within the waterway which does not meet all applicable requirements of the United States Coast Guard.

C. No person may operate a vessel with an outboard or inboard motor that is not equipped with an adequate exhaust muffler. (Ord. 08-05 § 2 (part), 2008.)

2.42.160 Securing of auxiliary vessels.

No person may tie or attach a skiff, scow, raft, or any other auxiliary craft alongside, astern, or ahead of a vessel moored within the small boat harbor if such auxiliary craft will obstruct or interfere with the normal movement of any vessel or be likely to cause rubbing or chafing damage to any other vessel. (Ord. 08-05 § 2 (part), 2008.)

2.42.170 Occupancy of vessels.

A. No person may use or occupy a vessel moored at Port of Dillingham facilities as a place of residence, nor may a person rent or lease such a vessel as a place of residence, utilize it as a rooming house, or permit it to be occupied for any period of more than five days by any person other than the normal crew of the vessel.

B. A vessel which is not in regular use for the purposes for which it is normally operated and which has remained moored to boat harbor facilities continuously for a period of ninety days or more may not be occupied, except that one person may occupy the vessel if serving in the capacity of a caretaker. (Ord. 08-05 § 2 (part), 2008.)

2.42.180 Disposal of waste, litter, and garbage.

A. No person may dump or deposit any waste, litter, garbage, refuse, debris, or petroleum product into the waterways or onto any dock, float, or other port facility not designated and designed for the disposal of trash.

B. A person in charge of or occupying a vessel shall at all times keep the floats and premises adjacent to such a vessel in a neat and orderly condition, free from trash, refuse, garbage and debris of any kind.

C. All garbage, trash, refuse and waste to be disposed of within the Port of Dillingham shall be deposited in designated garbage containers, except as otherwise provided in this chapter.

D. Waste oil shall be deposited in containers designated for the disposal of waste oil and shall not be deposited in any other garbage or trash container.

E. No person may pump any bilge containing oil or gasoline residue within the Port of Dillingham. (Ord. 08-05 § 2 (part), 2008.)

2.42.190 Storage on floats or docks.

A. All floats, docks, ramps and approaches shall be maintained free and clear of any objects or items that are not appurtenances or fixtures to the floats, docks, ramps and approaches.

B. No person may store or place upon any float, dock, ramp or approach any repair parts, machinery, equipment, or gear, except in conjunction with the loading or unloading of a vessel or at work areas designated by the port director.

C. Property of any sort found upon a float, dock, ramp, or approach may be impounded by the port director if such property is not immediately removed. Impounded items will be released upon proof of ownership and payment of any impounding or storage fees established by this chapter.

D. The port director shall give written notice of the impoundment to the owner of the property if the owner is known, and shall maintain a list in the port director’s office of all property impounded and the date of impoundment. Property that is not claimed within sixty days shall be forfeited to the city and may be sold pursuant to procedures regulating the disposition of other city property. (Ord. 08-05 § 2 (part), 2008.)

2.42.200 Tampering with the facilities.

A. No person may tap, connect, disconnect, or interfere with any water outlet, water pipe, water connection, telephone equipment, electrical outlet, or electrical device maintained or operated by the city in the Dillingham harbor without first obtaining the permission of the port director.

B. No person may remove, alter, damage or interfere with any wharf float, gangplank, ramp, or any other port facility operated by the city.

C. No person may dispose of trash, refuse, or waste at any city port facility unless user fees have been paid and the waste is a product of the normal and reasonable activities related to port use. (Ord. 08-05 § 2 (part), 2008.)

2.42.210 Float bumpers.

No person may utilize in the small boat harbor float bumpers that are attached, permanently or temporarily, to the float facilities made from used tires, old fire hose, or similar materials. The owner or operator of a vessel assigned reserved moorage space may install standardized pre-molded rubber or vinyl bumpers of commercial manufacture as approved by the port director. (Ord. 08-05 § 2 (part), 2008.)

2.42.220 Use of unloading ramps and docks.

A. No person may utilize skids for the purpose of hauling out any boat. Boats may be hauled out only on the boat harbor loading ramp and only by using a trailer or other wheeled conveyance.

B. No person engaged in business as a common or private carrier by water may load or unload freight at any dock, mooring facility, ramp or other port facilities without permission from the port director, and payment of any applicable fees. (Ord. 08-05 § 2 (part), 2008.)

2.42.230 Accident reports.

The operator of any vessel involved in an accident within the Port of Dillingham resulting in the death or injury of any person or damage to property in excess of one hundred dollars shall immediately give oral notice of the accident to the port director or, if the port director is unavailable to receive the notice, to the police department. In addition, the operator shall, within twenty-four hours after the accident, file a written report with the port director containing the name of the vessel, the name of the vessel master, a full description of the accident, a description of the resulting injuries or damage, a description of possible causes or contributing factors, and such other information as the port director may require. (Ord. 08-05 § 2 (part), 2008.)

2.42.240 Fire hazards prohibited.

A. No person may leave a fire or flame unattended aboard a vessel within the Port of Dillingham. A fire or flame is unattended unless the owner, operator, or other person over the age of eighteen years who has demonstrated capability for moving the vessel is aboard or within one hundred yards of the vessel.

B. No person may store, deposit, or leave on any float, dock or other port facility any gasoline, lubricating oil or other combustible liquid of any nature or description, except for temporary purposes in conjunction with the loading or unloading of a vessel.

C. A person using a torch or other flame-producing device in or upon any vessel, dock, float, or other port facility shall provide and have immediately available for use an approved fire extinguisher or hose connected to a water supply system adequate for suppressing any fires that may result from the use of the flame-producing device.

D. No person may smoke on any other port facility designated by appropriate signs as a no-smoking area. (Ord. 08-05 § 2 (part), 2008.)

2.42.250 Responsibility for animals.

A. A person owning or in charge of any animal within the Port of Dillingham shall keep that animal restrained on a leash not more than five feet in length.

B. The owner or person in charge of any animal shall be responsible for removing and disposing of any feces deposited by the animal on any port facility.

C. The owner or person in charge of any animal shall keep the animal from any loud barking and howling. The animal will be securely leashed and all feces deposited on deck shall be removed in a manner so as to not prevent or hinder persons from crossing a vessel’s deck to board their own vessel, or otherwise disturb the peace and good order of the port. (Ord. 08-05 § 2 (part), 2008.)

2.42.260 Responsibility for children.

No parent or other adult person responsible for the care of custody of any child under the age of twelve years may permit that child to be on or near any dock or float within the port unless accompanied by an adult. (Ord. 08-05 § 2 (part), 2008.)

2.42.270 Wheeled vehicles prohibited.

No person may drive any bicycle or any motorized wheeled or tracked equipment upon any dock facility without first obtaining the consent of the port director. (Ord. 08-05 § 2 (part), 2008.)

2.42.280 Regulation of signs.

A. No person may write or post any written or printed matter in any place within the Port of Dillingham except upon bulletin boards constructed for that purpose and only after obtaining permission by the port director.

B. Signs identifying businesses or products may be erected within the Port of Dillingham upon approval of the city council. (Ord. 08-05 § 2 (part), 2008.)

2.42.290 Fishing prohibited.

No person may fish from any dock, float, ramp, or any mooring facility operated by the city, nor may any person fish within a waterway in a manner which may interfere with movement of other vessels. (Ord. 08-05 § 2 (part), 2008.)

2.42.300 Regulation of diving and water contact sports.

A. It is unlawful for any person to engage within the Port of Dillingham in diving or any recreational activity in which the body of the person comes into physical contact with the water, including but not limited to swimming, water skiing, jet skiing, wind surfboarding or paddle boarding, unless written application is made and permission is obtained in advance from the port director; provided, however, that diving shall be permissible without the permission of the port director as set forth in subsection B of this section. The port director shall develop such procedures, rules and regulations as may be necessary for the granting of permission as allowed in this section, which procedures, rules and regulations shall be subject to modification by resolution of the city council.

B. It is lawful for a person to engage in the activity of diving within the Port of Dillingham if the purposes for which the dive is being conducted are related to:

1. The inspection, maintenance or repair of any vessel moored within port facilities, or of any equipment attached thereto; or

2. The inspection, maintenance, repair, construction, or improvement of port facilities; or

3. A search or other activities carried out by or at the direction of law enforcement or emergency personnel. All divers shall prominently display a diver’s-down flag in the area in which the diving occurs with a minimum size of twelve inches by twelve inches. No diver shall be submerged below the surface of the water without providing an observer at the surface. All divers shall observe all appropriate diving safety precautions. (Ord. 08-05 § 2 (part), 2008.)

2.42.310 Repair of vessels.

No person may engage in the repair of any vessel within the Port of Dillingham or uplands without first notifying the port director of the vessel to be repaired, the nature of the repairs, and the type of equipment to be utilized in the repairs. The port director may require evidence of insurance or the execution of a hold harmless agreement as a condition to permitting repairs in the port or uplands, if the port director determines that the repairs to be performed may create a risk of damage or destruction to other vessels or property, or injury to persons in the port. (Ord. 08-05 § 2 (part), 2008.)

2.42.320 Unlawful acts—Remedies.

A. It is unlawful for any person using the Port of Dillingham to:

1. Create or maintain any nuisance on or within the Port of Dillingham, or to carry on any unlawful acts, business, or occupation therein;

2. Disregard, deface, remove, tamper with, or damage any sign or notice relating to the use of port facilities posted by the port director or other authorized city official;

3. Obstruct or interfere with the port director in the performance of his duties, or refuse to comply with any lawful order of the port director; or

4. Violate any provision of this chapter.

B. A vessel which has been impounded pursuant to this section may be sold at public auction upon the expiration of ninety days from the date of impoundment unless the owner or the owner’s agent pays all accrued moorage, storage, impoundment and other fees and takes possession of the vessel within the ninety days. Notice of the sale shall be given to the owner of the vessel, if known, by giving actual notice of the time and place of the sale not less than thirty days prior to the date of sale, or, if the owner is not known or after reasonable diligence the owner’s whereabouts cannot be ascertained, by posting a written notice of the time and place of sale on the vessel itself and in three public places within five miles of the place where the sale is to be held not less than thirty days prior to the day of sale and by publishing the notice of sale in a newspaper of general circulation not less than three times prior to the day of sale.

C. Failure of an owner to reclaim an impounded vessel prior to sale shall constitute an abandonment of interest in the vessel, and the purchaser at public auction shall take title to the vessel free and clear of the owner’s interest therein but subject to any liens or encumbrances held by parties other than the owner.

D. Sale of a vessel by the city pursuant to its impoundment authority does not include any warranty as to the title or otherwise.

E. The proceeds of the sale of any impounded vessel shall be applied first to any fees or charges owed to the city on account of the vessel, including reimbursement for all costs of impoundment and sale, and any part of the proceeds remaining thereafter shall be made available to the owner of the vessel if claimed within thirty days from the date of sale and if not so claimed shall become the property of the city. (Ord. 08-05 § 2 (part), 2008.)

2.42.330 Impoundment and sale of derelict and unregistered vessels.

A. The port director may impound, haul out, and sell at public auction any vessel determined by the port director to be a derelict or any vessel which has been restrained pursuant to Section 2.42.050(D) or (E) for more than fifteen days without being redeemed by the owner or operator.

B. A vessel that has been impounded pursuant to this section may be sold at public auction upon the expiration of ninety days from the date of impoundment unless the owner or the owner’s agent pays all accrued moorage, storage, impoundment and other fees and takes possession of the vessel within the ninety days. Notice of the same shall be given to the owner of the vessel, if known, by giving actual notice of the time and place of the sale not less than thirty days prior to the day of sale, or, if the owner is not known or after reasonable diligence the owner’s whereabouts cannot be ascertained, by posting a written notice of the time and place of sale on the vessel itself and in three public places within five miles of the place where the sale is to be held not less than thirty days prior to the day of sale and by publishing the notice of sale in a newspaper of general circulation not less than three times prior to the day of sale.

D. Sale of a vessel by the city pursuant to its impoundment authority does not include any warranty as to the title or otherwise.

2.42.340 Disposition of scheduled offenses.

Repealed by Ord. 13-19. (Ord. 08-05 § 2 (part), 2008.)

2.42.350 Failure to obey citation.

Repealed by Ord. 13-19. (Ord. 08-05 § 2 (part), 2008.)

2.42.360 Port offenses fine schedule.

Repealed by Ord. 13-19. (Ord. 08-05 § 2 (part), 2008.)

2.42.370 Severability.

If any part or provision of this chapter or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this chapter or application thereof to other persons or circumstances. The city council hereby declares that it would have enacted the remainder of this chapter even without such part, provision or application. (Ord. 08-05 § 2 (part), 2008.)

2.42.380 Port of Dillingham terminal tariff.

Port of Dillingham terminal tariff (Chapter 4.25, Terminal Tariffs) is by reference made a part of this chapter. (Ord. 08-05 § 2 (part), 2008.)