Chapter 13.08 PORT USE

(a) Conditions for using any port of Ketchikan properties are subject to specific authorization by the city manager or his designee and may include provisions to protect public safety, security, environment and health. The city manager or his designee may waive the provision contained in this chapter whenever such action is in the best interests of the port of Ketchikan.

(b) Vessels utilizing port of Ketchikan properties or facilities shall fully comply with provisions of applicable federal, state, local statutes, laws, ordinances and regulations.

(c) The use of port of Ketchikan properties or services shall be deemed complete acceptance of the terms and conditions named in this chapter. (Ord. 841 § 1, 1976)

13.08.020 Definitions.

“Dockage” means the charge assessed against vessels for berthing at or making fast to port of Ketchikan docks, wharves, piers or for mooring to another vessel so berthed.

“Duty-free goods” means merchandise sold by a duty-free seller on which neither federal duty nor federal tax has been assessed pending exportation from the customs territory.

“Duty-free seller” means a person who sells, for use outside U.S. customs territory, duty-free goods that are delivered from a bonded warehouse to an exit point for exportation by, or on behalf of, individuals departing from the customs territory.

“Exit point” means the point at which a departing individual has no practical alternative to continuing on to a foreign country or returning to customs territory by passing through a U.S. customs inspection facility.

“Port of Ketchikan” means city docks and port facilities including all land, tidelands, docks, and improvements owned or operated by the city under Chapter 13.04 KMC, including, but not limited to, Berths I, II, III, and IV, Daly Float, the Berth III and Berth IV tender floats, and their adjacent tidelands.

“Port pass” means a pass issued by the city of Ketchikan to vehicles for the purpose of entering the port premises.

“Service vehicle” means a vehicle used to transport items such as goods, supplies, and equipment, but not passengers.

“Vessel” means any watercraft, barge, or raft that is presented for berthing and includes, without exception, its owner and its agent.

“Wharfage” means a charge assessed all cargo passing or conveyed over, into, or under wharves or between vessels (to or from barge, lighter or water), when berthed at a port of Ketchikan dock, wharf, piling structure, pier, bulkhead structure. Wharfage is solely the charge for use of wharf and does not include charges for any other service. (Ord. 1682 §§ 1 – 3, 2011; Ord. 1510 § 4, 2005; Ord. 1173 § 1, 1989; Ord. 841 § 2, 1976)

13.08.030 Berthage reservations.

Vessels are requested to submit reservation for berth with the port of Ketchikan as far in advance as possible, but not less than five city working days prior to expected arrival, subject to final confirmation of berth arrangements 48 hours in advance of expected time of docking. Any changes in expected time of arrival must be reported promptly. Vessels which fail to notify the port of Ketchikan of cancellation of a scheduled call at least five working days prior to its expected arrival shall be subject to a charge of one-half the dockage rates provided in KMC 13.08.100. (Ord. 841 § 3(a), 1976)

13.08.035 Designated charter vessel loading zones.

The city manager or his designee is authorized to establish, change and abolish charter vessel loading zones along any wharf or float or part thereof. Vessels offering charter sport fishing tours or charter sightseeing tours may, upon payment of the fee set forth in KMC 13.08.100(e), use or occupy charter vessel loading zones for not more than 15 minutes within any one-hour period for the sole purpose of embarking or disembarking charter passengers during that time. Except for such charter sport fishing or sightseeing tour vessels or such other vessels as the city manager or his designee may permit, no vessel may use, occupy or obstruct charter vessel loading zones while any cruise ship is docked or is docking at a port facility or is anchored in Tongass Narrows. Under this section, no vessel or person shall have any rights to or exclusive use of any charter vessel loading zone. The city manager or his designee may prescribe regulations governing the use of charter vessel loading zones, may define which vessels are cruise ships for purposes of this section, may schedule use of charter vessel loading zones, may further limit the length of time a charter vessel loading zone may be occupied or used by a vessel, may grant priority use to any charter vessel, or may terminate use of any charter vessel loading zone by any vessel or type of vessel, and shall make all determinations as to whether a vessel is classified as a charter sport fishing or a charter sightseeing tour vessel. (Ord. 1301 § 1, 1994)

13.08.040 Rights not exclusive.

Berth assignments shall include only the right to dock vessel at the assigned berth, to embark and disembark passengers and their baggage, and to assemble and distribute the cargos of such vessel over, through or upon the assigned area or facility, subject to the provision that when the assigned area or facility is not required in whole or in part for the use of the vessel, the city manager or his designee may make temporary assignments of the berth, wharf, wharf premises or other facility, or any part thereof, to any other vessel. (Ord. 841 § 3(b), 1976)

13.08.045 Assignment of cruise ship berths.

(a) The city will endeavor to assign cruise ships to berths in such a way that satisfies the Policy of Equitable Distribution, herein “policy,” stated in Section 13.10.19 of the Berth IV Lease, which requires, in part, that 75 percent of cruise ship passengers be allotted to Berths I, II, or III, and approximately 25 percent to Berth IV; with 100 percent of the lightered passengers allocated equally between Berths III and IV.

(b) Subject to the overall objectives stated in subsection (a) of this section, the decision as to where each individual ship will be berthed or lightered to at any given time will be determined by any one or more of the following criteria:

(1) Ship characteristics such as size, length, location of gangway access points, location of mooring lines, and services received by the ship while berthed;

(2) Ship scheduled times of arrival, departure, and direction of travel;

(3) Dock characteristics such as height, type (fixed or floating), location and type of mooring bollards, available services and gangways, condition, and safety;

(4) Existing and predicted weather and tides;

(5) Facility and vessel security requirements, existing maritime security (MARSEC) level, and availability of security personnel;

(6) Ongoing or anticipated construction or repair work on the dock, adjacent uplands, or adjacent roadways;

(7) Ship’s captain or cruise line special requests;

(8) Special circumstances such as emergencies, festivals, exercises, events, etc.;

(9) Convenience of passengers;

(10) Sufficiency of ground transportation, pedestrian ways, and the impact of motor vehicle traffic;

(11) Safe and efficient use of city port facilities and resources.

The port and harbors director shall determine the weight, if any, to be given to each of the above considerations and shall be the final authority for berth assignments.

(c) The city manager or his designee shall be permitted to participate in berth scheduling conferences between cruise line agencies and participating cruise lines when such participation is requested by the city manager. A cruise ship schedule for each season, which includes anticipated berth assignments, will be prepared by cruise line agencies and forwarded to the city of Ketchikan at least three months prior to the arrival of the first cruise ship of the season. The city manager or his designee will provide written consent of the berth assignments along with any required or recommended changes.

(d) The city manager may establish additional regulations as he determines to be useful in determining where cruise ships are berthed; provided, however, that those regulations do not conflict with this policy and do not conflict with Section 13.10.19 of the Berth IV Lease with Ketchikan Dock Company dated July 14, 2006. (Ord. 1597 § 2, 2008)

13.08.050 Assignment not transferable.

Assignment shall not be transferred except with the written consent of the city manager or his designee. (Ord. 841 § 3(c), 1976)

13.08.060 Assignments revocable.

All assignments shall be revocable by the city manager or his designee without compensation for costs incurred thereby to the vessel at any time upon written notice to the vessel except when otherwise provided in the assignment. (Ord. 841 § 3(d), 1976)

13.08.070 Vessel liable for damage.

Any vessel assigned a berth, wharf, wharf premises or other facility or attempting to use or using any of the facilities or services of the port of Ketchikan shall be responsible and liable to the port of Ketchikan for any damage occurring during their tenancy and occupancy, unless such vessel secures and furnishes the city manager or his designee with adequate information and evidence fixing the responsibility and liability for any such damage on some other responsible person and such other person reimburses the port of Ketchikan for any such damage. Upon the refusal, failure or neglect of any such vessel to accept responsibility and liability in the manner and under the circumstances aforesaid, the city manager or his designee may immediately revoke the assignment to any such vessel without notice and may refuse the use of any wharf, berth, or other facility to any such vessel until the port of Ketchikan has been fully reimbursed for any such damage. Anything contained in this section shall not be construed, nor is it intended, to be a sole remedy of the city. (Ord. 841 § 3(e), 1976)

13.08.080 Dockage period.

The period upon which dockage is assessed shall commence when the vessel is made fast to an assigned berth or moored and shall continue until such vessel lets go and has vacated the position assigned. When a vessel is shifted directly from one position to another berth, the total time at such berths shall be considered together when computing the dockage charge. All time is counted and no deductions are allowed because of Sundays, holidays, weather or other conditions. (Ord. 841 § 4(a), 1976)

13.08.090 Basis for computing dockage.

(a) Dockage is assessed upon length-overall (LOA) of the vessel. “Length-overall” means the linear distance, in feet, from the most forward point of the stem to the aftermost part of the stern of the vessel, measured parallel to the base line of the vessel. Length-overall of the vessel as published in “Lloyds Register of Shipping” will be used and when not published, the port reserves the right to:

(1) Obtain the length-overall from the vessel’s register;

(2) Measure the vessel.

(b) In computing dockage, charges are for a 24-hour day or fraction thereof. (Ord. 841 § 4(b), 1976)

13.08.100 Dockage charges. Revised 10/24

(a) Dockage charges are in addition to all other charges contained in this chapter and shall be assessed against all vessels, except as provided in subsection (f) of this section, as follows:

Rate per Foot per Day
LOA	0 – 6 Days	7 – 14 Days	15 Days and Over
Under 100'	$1.67	$1.55	$1.50
100' – 149'	$1.67	$1.55	$1.50
150' – 199'	$2.34	$2.08	$1.85
200' – 299'	$2.69	$2.34	$2.08
300' – 399'	$3.21	$2.77	$2.38
400' – 499'	$3.65	$3.11	$2.77
500' – 599'	$4.55	$3.84	$3.84
600' – 699'	$5.07	$4.07	$5.07
700' – 969'	$5.65	$5.65	$5.65
970' – 1,049'	$6.32	$6.32	$6.32
1,050' and over	$7.09	$7.09	$7.09

The above rates shall be assessed for each day or any part thereof a vessel is docked at the port facility and at the rate fixed for the longest period the vessel is docked.

(b) Vessels less than 400 feet LOA may apply for and make advance arrangements for a special 30-day flat rate docking fee. Such 30-day flat rate will apply only during the period October 15th through April 30th and is as follows:

LOA	0 – 6 Days
Under 100'	$989.00
100' – 149'	$1,949.00
150' – 199'	$2,823.00
200' – 299'	$4,952.50
300' – 399'	$8,374.30

(c) Lighter vessels used to transport passengers or cargo from designated areas of Berth III, Berth IV, Daly, Ryus or other city floats shall be assessed a fee of $780.00 for each day or any part thereof.

(d) The following provisions apply to vessels docked at the port facilities:

(1) Mooring lines shall be tended by ships’ personnel and shall be in good condition and of suitable size and quantity for the vessel.

(2) An operator shall be available at all times to tend and to move the vessel, if and when required.

(e) Except as provided in this subsection, vessels using charter vessel loading zones shall be assessed a fee of $4.00 per foot per calendar month or any part thereof. A seasonal permit may be obtained for the cost of a monthly permit multiplied by the number of months remaining in the season discounted 20 percent. A single monthly permit may not be discounted. A permit will not be issued until all outstanding sales tax, interest and penalties have been paid to the city and borough.

(f) Dockage charges for passenger ships shall be assessed at 105 percent of the rates per foot per day provided for in subsection (a) of this section. For example, a passenger vessel with an LOA of 1,050 feet or more shall be assessed a rate per foot per day of $7.44. For purposes of this subsection, a “passenger ship” means a vessel carrying passengers for compensation that is not exempted from payment of passenger wharfage fees under KMC 13.10.030. (Ord. 1979 § 1, 2023; Ord. 1902 § 1, 2019; Ord. 1811 § 1, 2016; Ord. 1483 § 2, 2004; Ord. 1363 § 1, 1997; Ord. 1301 § 2, 1994; Ord. 1204 § 1, 1991; Ord. 1173 § 2, 1989; Ord. 1062 § 1, 1985; Ord. 841 § 4(c), 1976)

13.08.101 Promotional port dockage rates.

Repealed by Ord. 1902. (Ord. 1406 § 1, 1998)

13.08.105 Dockage – Not chargeable when.

The dockage charges otherwise chargeable pursuant to KMC 13.08.100 shall not be applied to vessels that use the port of Ketchikan when such vessels, by reason of length and draft, are qualified to moor in boat harbor facilities, as defined and referred to in KMC 14.08.040 and 14.20.090, provided the director of the port determines that there exists no moorage space available in the boat harbor facilities, that docking at the port of Ketchikan is in the best interest of the city, and that the moorage fees established by Chapter 14.40 KMC are to be assessed. (Ord. 976 § 1, 1982)

13.08.110 Wharfage rates.

Repealed by Ord. 1902. (Ord. 1062 § 2, 1985; Ord. 841 § 5(a), 1976)

13.08.120 Wharfage – Not chargeable when.

Repealed by Ord. 1902. (Ord. 841 § 5(b), 1976)

13.08.125 Additional fees. Revised 10/24

(a) In addition to any other fees assessed pursuant to this chapter, an additional fee shall be assessed against each vessel which exceeds 120 feet length-overall and either carries revenue generating passengers or loads or unloads cargo at port of Ketchikan facilities. This additional fee shall be assessed each time the vessel uses port of Ketchikan facilities during the period of April 1st through October 31st of each year. A vessel will be considered to have used port of Ketchikan facilities once each time it is moored to a port of Ketchikan facility.

(b) The additional fee shall be determined by multiplying the vessel’s length-overall (as listed on the certificate of registry issued to the vessel by an internationally recognized classification society) by the following applicable fees:

(1) Three dollars per foot for all vessels with a length-overall of between 120 to

499 feet;

(2) Four dollars per foot for all vessels with a length-overall of 500 or more.

(d) Proceeds from this fee shall be dedicated for the design and construction of mooring facilities. (Ord. 1979 § 2, 2023; Ord. 1902 §§ 5, 9, 2019; Ord. 1414 § 1, 1999; Ord. 1306 § 1, 1994; Ord. 1237 §§ 1, 2, 1993)

13.08.130 Manifest required.

Vessel must furnish a complete copy of manifest of cargo and statement of passengers loaded or discharged at port of Ketchikan. (Ord. 841 § 5(c), 1976)

13.08.140 Stevedoring services and charges.

Vessels shall enter into their own contract arrangements for stevedoring services. (Ord. 841 § 6, 1976)

13.08.150 Motor vehicle parking charges.

Parking stalls for motor vehicles within the port of Ketchikan may be managed by the city manager as commercial parking lots under Chapter 10.60 KMC. If parking fees or permits are required for the parking of motor vehicles on the port of Ketchikan, the city manager shall allocate an equitable portion of such parking fees or permit fees to the port fund established under KMC 13.04.050. (Ord. 1682 § 4, 2011)

13.08.155 Motor vehicle port access passes. Revised 10/24

(a) Port access passes, valid for the period of April 1st through October 31th, shall be obtained and displayed on vehicles entering the port premises when conducting business related to tourism vessels docked, or to be docked, at the port facilities. The charge for a port access pass is as follows:

Vehicle Size	Rate
Up to 20' and service vehicles	$90.00 per month
Over 20' – 30'	$150.00 per month
Over 30'	$400.00 per month

Monthly port access passes shall be required for any portion of a month that a vehicle enters on the port premises when conducting business related to tourism vessels docked or to be docked at the port facilities. Monthly port access passes shall not be prorated for partial month use. A seasonal pass may be obtained for the cost of a monthly pass multiplied by the number of months remaining in the season discounted 20 percent. A single monthly pass may not be discounted. A pass will not be issued until all outstanding sales tax, interest and penalties have been paid to the city and borough.

(b) An application for a port access pass shall be filed with the port and harbors department which shall furnish the following information:

(1) The name, address and contact information for the applicant;

(2) The nature of the applicant’s operations on the port;

(3) The number of vehicles owned, operated or controlled by the applicant and copies of the vehicle registration and the license plate number for such vehicles;

(4) The names, addresses, contact information and copies of valid driver’s licenses for all drivers operating vehicles on the port;

(5) A copy of the taxi certificate or certificate of public convenience and necessity for all vehicles for which such a certificate is required under Chapter 5.40 KMC;

(6) Proof of compliance with the insurance requirements of this section;

(7) Proof of compliance with random drug and alcohol testing as mandated by and in accordance with 49 CFR Part 40;

(8) Applicant’s representation that all outstanding sales, personal property and real property taxes including interest and penalties have been paid to the city and the borough; and

(9) Such further relevant information as the port director may require.

(c) Whenever vehicles or drivers change, the passholder shall update the information required under subsection (b) of this section before the vehicle or driver are allowed to operate on the port.

(d) Applicants and passholders are responsible for performing due diligence background checks for all drivers and are responsible for the conduct of drivers operating on behalf of the passholder.

(e) No port access pass shall be issued or continued in operation unless there is in full force and effect a liability insurance policy for each vehicle authorized in the amount of $1,000,000 combined single limit. The policy shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servants or agents, and issued by an insurance company authorized to do business in the state. The liability insurance policy shall contain a clause that the same may not be canceled or terminated or allowed to expire by insurer without 30 days’ notice to the city. A certificate showing issuance of the policy, containing statements as to coverage and cancellation clause and payment of premium, shall be filed with the port director. If, at any time, there is not in full force and effect a liability insurance policy for that vehicle authorized by the certificate, a port access pass shall not be issued nor shall it be continued in operation until such time as the required insurance is in place.

(f) No port access pass may be issued to any duty-free seller, his agents, employees, or contractors unless that seller has executed a concession agreement with the city of Ketchikan. Duty-free goods may not be delivered or kept in any vehicle for which a port access pass has been issued except to the extent allowed under a concession agreement between the seller and the city.

(g) Issuance of a port access pass permits only the use of a vehicle on designated port premises. It does not permit the holder to conduct business on port premises or make other use of port premises. Any such business or other use must be separately requested by the applicant and approved by the city.

(h) A passholder shall reimburse the city for any damage to city property caused by the passholder or any of the passholder’s employees, agents, representatives, contractors, or customers during the course of the passholder’s activities under the access pass.

(i) Acceptance of an access pass by the passholder shall constitute an agreement and acknowledgment by such passholder that the passholder shall indemnify and hold the city and its elected and appointed officers and employees harmless from and against any and all loss, damage, or expense for any injury to or death of any person or persons, or for damage to property, resulting from or arising out of any act or omission of such passholder or of any of the passholder’s employees, agents, representatives, or customers. The city and its elected and appointed officers and employees make no representations concerning and assume no responsibility for or regarding any goods or activities sold by any passholder or by any of passholder’s employees, agents, representatives, or contractors. (Ord. 1979 § 3, 2023; Ord. 1963 § 1, 2023; Ord. 1902 § 6, 2019; Ord. 1682 § 5, 2011; Ord. 1510 § 2, 2005; Ord. 1442 § 1, 2001; Ord. 1280 § 1, 1993; Ord. 1204 § 2, 1991; Ord. 1173 § 3, 1989; Ord. 949 §§ 1, 2, 3, 1980; Ord. 841 § 7, 1976)

13.08.157 Revocation or suspension – Appeals.

(a) Revocation or Suspension. The port director may revoke or suspend a port access pass and/or a driver’s privilege to operate pursuant to a port access pass in the best interest of the city and other port users based on the following reasons:

(1) Violation of any provision of this title or other applicable local, state or federal law, ordinance or regulation relevant to the port access pass;

(2) Conduct that constitutes a substantial risk to public health or safety;

(3) Assaulting or threatening bodily harm to another person on the port;

(4) Intentionally or recklessly damaging property of another on the port; or

(5) Obtaining a port access pass through deceit, fraud or intentional misrepresentation.

(b) Notice. The port director shall give the passholder and the driver written notice of the revocation or suspension of the pass and/or the driver’s privilege to operate pursuant to the pass and the appeal rights under this section. The notice must be served personally or by certified mail, return receipt requested. If the port director determines that the reason for the revocation or suspension may endanger the public health or safety, or in respect to the driver is based on repeated noncompliance, the revocation or suspension may take effect immediately. If the port director determines that the reason for the revocation or suspension does not endanger the public health or safety, or is not based on such repeated noncompliance, the effective date of the revocation or suspension may be delayed until the date set for an appeal hearing.

(c) Appeal Hearing. The passholder or driver may appeal the decision of the port director to the city manager and request a public hearing by filing a written notice of appeal with the port director not later than 10 days after receipt of the written notice of proposed revocation or suspension. The city manager or designee shall serve as the hearing officer for the appeal. Upon receipt of the notice of appeal, the hearing officer will inform the appellant of the time and place of the hearing. After the appeal hearing, the hearing officer may modify, revoke, rescind, or affirm the decision from which the appeal is taken. If the passholder or driver does not appeal the port director’s decision, the revocation or suspension shall become final at the end of the appeal period.

(d) Hearing Procedures. The following procedures apply to appeals before the hearing officer:

(1) Date. When an access pass or a driver’s privilege to operate under the pass has been immediately suspended, the hearing shall be conducted within 24 hours after written request is filed with the port director, unless that right is waived or the appellant requests a delay. Saturdays, Sundays and city holidays shall be excluded from the 24-hour period. In all other instances, otherwise agreed by the appellant and the hearing officer, any hearing requested pursuant to this section shall take place no later than 15 days from the date the written notice of appeal is filed with the port director.

(2) Procedure. The administrative hearing shall be conducted informally and may be governed by such rules and procedures as the hearing officer may choose to establish, except that:

(A) Parties may appear in person or through counsel;

(B) Parties may present witnesses and evidence on their own behalf;

(C) Parties or their counsel may cross-examine opposing witnesses on matters relevant to the issues, impeach witnesses regardless of which party first called the witness to testify, and rebut evidence against himself;

(D) Relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of a common law or statutory rule which makes improper the admission of the evidence over objection in a civil action. Hearsay evidence may be considered, provided there are guarantees of its trustworthiness and that it is more probative on the point for which it is offered than any other evidence which the proponent can procure by reasonable efforts;

(E) All proceedings shall be open to the public;

(F) All parties shall have the right to subpoena witnesses and documents using a form provided by the city clerk and submitted to the clerk for issuance at least five working days before the date of the hearing;

(G) The hearing shall be memorialized by an electronic recording or a stenographic record;

(H) Failure of an appellant to appear at a hearing when such hearing has been requested by appellant shall waive all right to a hearing and shall render the action of the port director final.

(3) Decision. Promptly following the hearing, the hearing officer shall issue a written decision based on findings and conclusions adopted by the hearing officer. Such findings must be in writing and must be reasonably specific so as to provide interested persons and, where appropriate, reviewing authorities, a clear and precise understanding of the reasons for the decision entered. The decision, findings of fact and conclusions of law shall be forwarded to all parties to the appeal.

(4) Court Appeal. The hearing officer’s decision may be appealed to the superior court within 30 days of the date the decision was mailed or delivered to the parties.

(e) Revocation of a pass shall result in cessation by the passholder and/or driver of all permitted activities during the year for which that pass is issued. Unless otherwise provided, the passholder may not be issued a port access pass for the vehicle involved and the driver may not operate under any port access pass for a period of one year after the date the revocation is effective.

(f) Suspension of a pass shall result in cessation by the passholder and/or the driver of all activities under the pass for a specified period of time and the passholder may not be issued any other port access pass and the driver may not operate under any other port access pass during the suspension period. When the suspension would extend beyond the term of the pass, any remaining suspension will apply to any subsequent pass issued to the pass holder and to the driver operating under any port access pass. A suspension may be conditioned on correction of the reasons for the suspension or condition of a person or a vehicle. (Ord. 1963 § 2, 2023)

13.08.160 Electricity.

Pending availability, charges for electric current supplied to vessels shall be assessed at the same rates as are established under KMC 11.08.040, Commercial general service – Schedule C, plus a surcharge of $0.25 per foot per day. (Ord. 1406 § 2, 1998; Ord. 994 § 1, 1982; Ord. 841 § 8(a), 1976)

13.08.170 Telephone.

Subject to availability, temporary telephone service supplied to vessels shall be provided at a rate equivalent to the private line rate as established under KMC 11.12.070, Business service – Schedule B, for each temporary connection. The vessels will be held responsible for all long-distance charges occurring during the time the telephone is connected and for all loss or damage to the equipment furnished. (Ord. 1000 § 1, 1983; Ord. 841 § 8(b), 1976)

13.08.180 Water. Revised 10/24

(a) Subject to availability, fresh water may be supplied to vessels at the port of Ketchikan’s facilities at the following rate:

Vessel Length-Overall	Fee for Each Servicing
199 feet or less	$120.00
200 to 299 feet	$240.00
300 to 399 feet	$360.00
400 to 499 feet	$480.00
500 to 599 feet	$720.00
600 to 699 feet	$960.00
700 to 799 feet	$1,200.00
800 to 899 feet	$1,440.00
900 to 1,100 feet	$1,680.00

(b) The above rates may be waived or reduced by the manager for certain vessels docked at the port facility during the period beginning October 1st and ending March 1st. (Ord. 1979 § 4, 2023; Ord. 1865 § 1, 2018; Ord. 1703 § 1, 2012; Ord. 1565 § 1, 2007; Ord. 1483 § 3, 2004; Ord. 1428 § 1, 2000; Ord. 1409 § 1, 1998; Ord. 1362 § 3, 1997; Ord. 1000 § 2, 1983; Ord. 841 § 8(c), 1976)

13.08.185 Wastewater. Revised 10/24

Subject to written approval by the city of Ketchikan’s public works department, vessels may offload “grey water” wastewater into the city of Ketchikan’s wastewater collection system on a case-by-case basis. Acceptance will be based on several factors including quantity, anticipated or actual concentration of biochemical oxygen demand, anticipated or actual total suspended solids, method of delivery and the city’s wastewater facilities’ ability to adequately collect and process the grey water. The rate shall be $300.00 per day plus $200.00 per 1,000 gallons of effluent. The public works director may waive the $300.00-per-day fee on a case-by-case basis. (Ord. 1979 § 5, 2023; Ord. 1902 § 7, 2019; Ord. 1865 § 2, 2018)

13.08.190 Payment of charges.

All charges for services rendered by the port of Ketchikan or for the privilege of using any port of Ketchikan facility are due and payable within 25 days after the invoice date and, if not so paid, become delinquent. Upon failure of the vessel owner, operator, or agent to pay an invoice on or before the delinquent date, the account shall be deemed in default and a penalty of five percent shall be added to the amount due. (Ord. 1204 § 3, 1991; Ord. 841 § 9, 1976)

13.08.200 Obligation of port.

The setting forth of rates or charges in this chapter shall not imply an obligation on the port of Ketchikan’s part to provide such facility or service. (Ord. 841 § 10, 1976)

13.08.205 Impoundment.

The parking and moorage facilities are not for the use of the general public except upon the making of advance arrangements as provided for in this chapter. Any unauthorized use of the parking and moorage facilities as provided for in this chapter or as established by rules and regulations promulgated under this chapter may subject the unauthorized use to immediate impoundment at the owner’s expense in addition to any other remedies otherwise available to the port of Ketchikan. (Ord. 1682 § 7, 2011; Ord. 841 § 11, 1976)

13.08.210 Impoundment authority.

The harbormaster is authorized to remove and impound, pursuant to the procedure provided for in KMC 13.08.215, any boat or obstruction in the port under any of the following circumstances:

(a) When the applicable fees or charges set forth in this chapter due the city for the boat remain unpaid for 30 days after such became due.

(b) Any boat or obstruction which is in violation of KMC 14.20.070 (rules for loading areas), 14.30.010(a) (nuisances, unseaworthy or derelict vessels), 14.30.010(c) (unattended vessel obstructing the port, disabled vessel, vessel moored in mooring space without authority), 14.30.010(e) (other nuisance), or which poses a clear and present danger to the public health, safety, or welfare. (Ord. 1682 § 8, 2011)

13.08.215 Impoundment – Procedure and disposition.

(a) As to any boat or obstruction proposed to be impounded pursuant to KMC 13.08.210(a) by or at the request of the city, its agents or employees, a person in lawful possession of the boat shall have the right to a pre-impoundment administrative hearing to determine whether there is cause to impound the boat under applicable local, state or federal law, ordinances, rules or regulations, provided such person files a written request for such a hearing with the harbormaster at the harbormaster’s office not later than five calendar days after the completion of service of the notice of proposed impoundment issued pursuant to subsection (c) of this section.

(b) As to any boat or obstruction impounded pursuant to KMC 13.08.210(b) by or at the request of the city, its agents or employees, a person in lawful possession of the boat or obstruction shall have the right to a post-impoundment administrative hearing to determine whether the impoundment was proper under applicable local, state, or federal law, ordinances, rules or regulations, provided such person files a written request for such hearing with the harbormaster at the harbormaster’s office not later than five calendar days after the completion of service of the notice of impoundment issued pursuant to subsection (c) of this section. The right to a post-impoundment hearing shall be deemed waived if not timely requested as provided herein and, upon such waiver, the harbormaster may proceed with disposition of the boat or obstruction by sale, destruction or other disposition as authorized by this title, unless the boat or obstruction is redeemed as provided in subsection (j) of this section.

(c) Notice to Owner. Not later than five calendar days prior to the impoundment of any boat or obstruction pursuant to subsection (a) of this section, the harbormaster shall cause a notice of such action proposed to be taken by the city to be posted on the boat or obstruction proposed to be impounded, in the harbormaster’s office, in the city clerk’s office, and on a board located outside of the harbormaster’s office. Immediately upon the impoundment of any boat or obstruction pursuant to subsection (b) of this section, the harbormaster shall cause a notice of such action taken by the city to be posted on the boat or obstruction so impounded in the harbormaster’s office, in the city clerk’s office, and on a bulletin board located outside the harbormaster’s office. A copy of the notice of proposed impoundment, or notice of impoundment, as applicable, shall also be given to the owner of the boat or obstruction, if known, either by personal delivery or certified mail, return receipt requested, mailed to the owner’s last known address. Service of notice by personal delivery shall be complete on delivery; service by mail shall be deemed complete on the delivery date certified by the postal service on the return receipt. Proof of the giving of notice in either manner may be made by affidavit of the person giving notice by personal delivery or by

mail, naming the person to whom the notice was given, and, if by mail, the address, and specifying the time, place and manner of giving notice. If the boat or obstruction is documented, the applicable notice will also be mailed to the U.S. Coast Guard Documentation Officer of the port of documentation, if such port can be reasonably ascertained.

(d) Contents of Notice. The notice of proposed impoundment and the notice of impoundment referred to in subsection (b) of this section shall contain the following information:

(1) A description of the boat or obstruction, its name and number, if any, and its location;

(2) The name and address of the owner, if known;

(3) The grounds for impoundment and, if the boat or obstruction has been impounded, the date of such impoundment;

(4) State that if a written request for a hearing is filed with the harbormaster at the harbormaster’s office within five calendar days after the completion of service of the notice, a hearing will be conducted within 24 hours, excluding Saturdays, Sundays, and city holidays, to determine whether there is a cause to impound the boat or obstruction or, if the boat or obstruction has been impounded, whether the impound was proper under applicable local, state or federal law, ordinances, rules and regulations, unless the right to a hearing within such 24-hour time period is waived;

(5) State that the right to a hearing shall be deemed waived if not timely requested as provided herein and state that upon the waiver of the right to a hearing, the harbormaster may proceed with impoundment and disposition of the boat or obstruction by sale, destruction or other disposition as authorized by this title;

(6) The notice of proposed impoundment shall state that if the boat or obstruction is impounded and is not redeemed within 30 days after the date of service of notice of such proposed impoundment, title to the boat or obstruction, and its contents, shall vest in the city and the boat or obstruction, and its contents, will be sold or otherwise disposed of as provided in this title;

(7) The notice of impoundment shall state that if the boat or obstruction is not redeemed within 30 days after the date of service of such notice, title to the boat or obstruction, and its contents, shall vest in the city and that boat or obstruction, and its contents, shall be sold or otherwise disposed of as provided in this title.

(e) Hearing.

(1) A pre-impoundment or a post-impoundment hearing, as applicable, shall be conducted before a hearing officer designated by the city manager within 24 hours after receipt of a written request therefor from the person seeking the hearing unless such person waives the right to a hearing or has been granted a hearing delay by the hearing officer. Saturdays, Sundays, and city holidays shall be excluded from the calculation of the 24-hour period. The hearing officer may not have participated in the decision under review. The issue before the hearing officer in a pre-impoundment hearing shall be whether there is cause to impound the boat or obstruction in question. “Cause to impound” shall mean such a state of facts as would lead a person of ordinary care and prudence to believe that there was a violation of local, state, or federal law, ordinances, rules or regulations rendering the boat or obstruction subject to impoundment. The issue before the hearing officer in a post-impoundment hearing shall be whether the impoundment was proper under applicable local, state or federal law, ordinances, rules or regulations. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The proceedings at the hearing shall be recorded.

(2) The hearing officer may grant a hearing delay if the party requesting the delay presents good cause for the delay. If the person requesting the hearing, or other authorized person on his behalf, fails to appear for a scheduled hearing and a hearing delay has not been granted, such failure to appear shall be deemed a waiver of the right to a hearing, and upon such waiver the harbormaster may proceed with impoundment and disposition of the boat or obstruction by sale, destruction or other disposition as authorized by this title, unless the boat or obstruction is redeemed as provided in subsection (j) of this section.

(3) The hearing officer shall render a written decision within 48 hours after the conclusion of the hearing, which shall state the reasons for the determination and indicate the evidence relied upon. Saturdays, Sundays, and city holidays shall be excluded from the calculation of the 48-hour period. A copy of such decision shall be provided to the harbormaster, the owner of the boat or obstruction, if the owner’s name and address is known, and the person who requested the hearing. The hearing officer’s decision shall in no way affect any other proceedings brought pursuant to this title or any criminal proceedings in connection with the impound in question and any proceedings pursuant to this title or criminal charges relating to such events may only be challenged in the appropriate court.

(4) If, in the case of a pre-impoundment hearing, the hearing officer determines that there is cause to impound the boat or obstruction, the harbormaster may, upon receipt of the decision, proceed with impoundment and disposition by sale, destruction or other disposition as authorized by the title, unless the boat or obstruction is redeemed as provided in subsection (j) of this section. Immediately upon such impoundment, the harbormaster shall cause a notice of such action taken by the city to be posted and delivered as provided in subsection (c) of this section for a notice of proposed impoundment and a notice of impoundment. Such notice shall contain the information set forth in subsections (d)(1), (2) and (3) of this section, and shall further state that if the boat or obstruction is not redeemed within 30 days after the date of service of such notice, title to the boat or obstruction, and its contents, shall vest in the city and the boat or obstruction, and its contents, will be sold or otherwise disposed of as provided in this title.

(5) If, in the case of a post-impoundment hearing, the hearing officer finds that the impoundment was not proper, the boat or obstruction shall be released to the owner or other authorized person and no charges shall be imposed for any towing or storage charges accrued prior to the time the hearing officer finds the impound improper. If the hearing officer finds that the impound was proper, the harbormaster may proceed with disposition of the boat or obstruction by sale, destruction or other disposition as authorized by this title, unless the boat or obstruction is redeemed as provided in subsection (j) of this section.

(f) Title. Title to an impounded boat or obstruction, and its contents, shall vest in the city 30 days after completion of service of the notice of impoundment; provided, that if a post-impoundment hearing is requested pursuant to subsection (b) of this section, title shall vest upon determination that the impoundment was proper.

(g) Notice of Sale. Any boat or obstruction impounded shall be held by the city before any sale or disposition for a period of not less than 30 days after the completion of service of the notice of impoundment, before any sale or disposition. The city shall, not less than 10 calendar days prior to the sale, publish in a newspaper of general circulation in the city a notice describing the boat or obstruction in general terms, its name and number, if any, the name and address of the owner, if known, its location, and the intention of the city to sell the boat or obstruction at public auction, on a day and at a place and time specified, for cash to the highest bidder.

(h) Sale. The proceeds of the sale shall be first applied to the costs of sale, including costs and charges for towing, hauling, storage and notice, then to moorage and service fees accrued, and the balance, if any, shall be held in trust, without accrual of interest, by the city for the owner of the boat or obstruction to claim. If such balance is not claimed within one year, it shall be deemed to be abandoned to the city and be deposited into the port enterprise fund. Upon the sale being made, the city shall make and deliver its bill of sale, without warranty, conveying the boat or obstruction or contents to the buyer.

(i) Other Disposition. If at the public sale there are no bidders for the boat or obstruction, or its contents, the city may destroy, sell at private sale, or otherwise dispose of the boat or obstruction, or its contents, for which there were no bidders. Such disposition shall be without liability on the city for any damage done by virtue of such disposition or for any consequences of such action by the city, including loss of use or profits or other consequential, direct, or indirect damages.

(j) Redemption. A person who presents to the harbormaster satisfactory proof of ownership or right to possession of an impounded boat or obstruction or contents may redeem such boat or obstruction or contents at any time before sale or other disposition by paying to the harbormaster all fees, costs, and charges incurred or imposed by reason of impoundment or removal, including towing, hauling, mooring, storage and notice. Storage charges shall be calculated at the current daily rate per foot plus $10.00 per day if stored by the city, or such charges the city is required to pay for any commercial storage.

(k) Deposit in Contested Cases. If an impoundment conducted pursuant to subsection (a) of this section is contested, the aggrieved party may, in addition to the remedy of redemption as outlined in subsection (j) of this section, provided such person has requested a hearing pursuant to subsection (b) of this section, obtain return of the boat or obstruction or contents impounded upon tender of one of the following forms of security pending outcome of the hearing to be conducted as provided in subsection (e) of this section:

(1) A surety bond in an amount equal to any fees due and owing plus costs incurred in impounding the boat or obstruction or contents at issue in the proceedings (including for storage and towing);

(2) A cash deposit equal to 10 percent of the sum of: the fees at issue, if any, plus the costs incurred in impounding the boat or obstruction or contents (including for storage and towing) at issue in the proceedings; provided, however, that if the amount of such loss and costs is $100.00 or less the entire amount shall be deposited. If the impoundment is found after hearing to have been improper the security deposit provided under this subsection (k) shall be released. Should the impoundment be found after hearing to have been proper, or in the event the person requesting the hearing has waived the right to a hearing pursuant to subsection (b) or (e)(2) of this section or otherwise, the cash security deposited pursuant to this subsection (k) shall be applied to the amounts due. Any amount remaining after payment of all amounts due shall be returned to the person making the deposit without interest.

(l) Securing. Any boat or obstruction impounded by the harbormaster shall be secured by chaining or otherwise mooring the same to a work float or other suitable stationary object or by removing, or having it removed, from the water and placed in city or commercial land storage with all expenses and risks of haul-out and storage to be borne by the owner or other person responsible for such boat or obstruction.

(m) Additional Remedies. Nothing in this title shall preclude the city from pursuing any and all remedies otherwise available at law or in equity in addition to those set forth herein. (Ord. 1682 § 9, 2011)

13.08.220 Delegation of authority.

The city manager or his designee is authorized to establish rules and regulations to carry out the intent, provisions, and purposes of any ordinance covering or creating the port of Ketchikan, or establishing charges and rates for the port of Ketchikan. (Ord. 841 § 12, 1976)

13.08.230 Extraterritorial application of regulations.

Pursuant to and as provided in AS 29.48.037, this title, and any revisions or amendments thereto, shall apply to all boat and harbor facilities owned, leased or operated by the city located outside as well as inside the boundaries of the city. (Ord. 938 § 1, 1980)