Chapter 13.09 PORT RULES

Chapter 13.09
PORT RULES Revised 1/24

Sections:

13.09.010 Designated – Penalty for violation.

13.09.015 Criminal trespass to city docks and port facilities.

13.09.025 Lease of dock vending locations. Revised 1/24

13.09.030 Permit for the sale of fresh seafood.

13.09.040 Program for performing artists.

13.09.050 Youth funding activities. Revised 1/24

13.09.010 Designated – Penalty for violation.

(a) The following are the rules governing and regulating the city’s dock facilities under the jurisdiction of the port of Ketchikan:

(1) The provisions of KMC 10.60.040, 10.60.050 and 10.60.060 are hereby adopted and made a part of this chapter by reference.

(2) It is unlawful for any person upon the dock facilities to commit an act, in a violent or reckless manner, whereby the property of any person is destroyed or damaged, or whereby the property of any person is placed in immediate danger of being destroyed or damaged.

(3) It is unlawful upon the dock facilities for any person to cause, provoke or engage in any fight, or to commit an act, in a violent or reckless manner, whereby the safety, life, limb or health of another is placed in immediate jeopardy.

(4) It is unlawful upon the dock facilities to be or be found to be under the influence of intoxicating liquor or drugs, in such condition as to be unable to exercise care for his own safety or the safety of others.

(5) It is unlawful upon the dock facilities to physically resist or obstruct in performance of their duties the Alaska State Troopers, the police of the city, or any other duly authorized official of the city.

(6) It is unlawful upon the dock facilities to incite, or participate in inciting, a riot.

(7) It is unlawful upon the dock facilities to address threats of immediate violence to any peace officer, or to any other duly authorized official of the city who is engaged in the lawful performance of his duties, or to any other person, when such words have a direct tendency to cause immediate acts of violence.

(8) It is unlawful upon the dock facilities to damage, befoul or tamper with public property, or private property of another person, or to create a hazardous, unhealthy or physically unsafe condition upon the dock facilities.

(9) It is unlawful upon the dock facilities to fail to obey a lawful order by a peace officer to disperse when one or more persons are committing criminal acts of violence in the immediate vicinity of the officer.

(10) It is unlawful upon the dock facilities to engage in deliberate baiting of peace officers by verbal excesses, or by making gestures to said officers which gestures have no apparent purpose other than to provoke a violent reaction.

(11) It is unlawful upon the dock facilities to throw or deposit litter except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the dock facilities, or upon any street or highway or other public place. Where the public receptacles are not provided, or are full, all such litter shall be carried away from the dock facility by the person responsible for its presence and properly and lawfully disposed of elsewhere. “Litter,” as used in this section, is defined in KMC 9.68.020, and that definition is hereby adopted by reference and made a part of this section by reference.

(12) It is unlawful upon the dock facilities to bring domestic garbage or litter to the facilities and to deposit the same in the public receptacles. “Garbage,” as used in this section, is defined in KMC 9.68.020, which definition is hereby adopted and made a part of this section by reference.

(13) It is unlawful upon the dock facilities to permit any animal to run at large.

(14) It is unlawful upon the dock facilities to start or maintain a fire.

(15) It is unlawful upon the dock facilities to pick any flowers, or to break, tear, or otherwise injure or destroy any growing plant thereon.

(16) It is unlawful upon the dock facilities to lie down or sleep anywhere upon the facilities, including, but not limited to, the restrooms, bandstand, visitors center, and the planters and planter/benches.

(17) It is unlawful upon the dock facilities to urinate, expectorate, or defecate at any place at any time except in the restrooms in the facilities designed and customarily used for such purposes.

(18) It is unlawful upon the dock facilities to drink, consume or possess intoxicants of any kind, including, but not limited to, alcoholic beverages, other drugs or hallucinogens.

(19) It is unlawful upon the dock facilities to run, shove or push another person or persons, strike another person, or in any manner to interfere with the legitimate use of such dock facilities by another person.

(20) It is unlawful upon the dock facilities for any person to sell to another goods or services, unless said person has previously applied to the city manager or his designee, in writing, and has received from the city manager or his designee a permit therefor, as elsewhere in this code required.

(21) Going in and upon the dock facilities by solicitors, peddlers, hawkers, itinerant merchants, transient vendors of merchandise, or any other persons selling, or taking orders to sell, any merchandise, howsoever described, or performing any services whatsoever, for hire or otherwise, who have not applied to and received from the city manager or his designee a license so to do as elsewhere in this code provided, is unlawful, and is declared to be a common and public nuisance.

(22) It is unlawful upon the dock facilities to procure or to solicit, or to offer to procure or solicit, for the purpose of prostitution. As used in this rule, “prostitution” means the giving or receiving of the body by a female or male person for sexual intercourse for hire.

(23) The speed limit for all vehicles upon the dock facilities is not more than five miles per hour, but at all times a speed which is reasonable and prudent under the circumstances then existing.

(24) It is unlawful upon the dock facilities to sell, distribute, deliver, store, or possess duty-free goods for commercial purposes unless sold, distributed, delivered, stored, or possessed except to the extent permitted by a concession agreement with the city. It is unlawful for a duty-free seller, his agents, employees, or contractors to enter port facilities for any purpose related to the sale, delivery, or export of duty-free goods except to the extent permitted by a concession agreement between the seller and the city.

(b) Any violation of the foregoing rules in this section is a misdemeanor and violators shall be punished as provided in KMC 1.02.030. (Ord. 1761 §§ 1, 2, 2014; Ord. 1683 § 1, 2011; Ord. 1510 § 3, 2005; Ord. 890 § 11, 1978)

13.09.015 Criminal trespass to city docks and port facilities.

(a) A person commits the crime of criminal trespass to city docks and port facilities if the person enters or remains unlawfully upon city docks or port facilities. A person enters or remains unlawfully upon city docks or port facilities when:

(1) The person fails to immediately leave city docks or port facilities after being directed to do so by a city harbormaster, city police officer, or any other person authorized by the city manager.

(2) The person enters or remains on city docks or port facilities where notice has been posted that access is prohibited or is restricted to other, designated persons.

In addition to entering and remaining on foot, motor vehicle, or other means, a person enters and remains on city docks or port facilities when the person occupies a vessel moored to a city dock or port facility or occupies a vessel which remains so close to city dock or port facilities as to interfere with the use of the dock or port facility. City docks and port facilities are all land, tidelands, docks and improvements within the port of Ketchikan owned or operated by the city under Chapter 13.04 KMC, including, but not limited to, Daly Float, Berths I, II, III and IV, their associated tender floats, and adjacent tidelands. The culpable mental state for criminal trespass is the same as that for criminal trespass under KMC 9.44.050.

(3) The person enters or remains on city docks or port facilities when not otherwise privileged to do so.

(b) Criminal trespass to city docks and port facilities is punishable by a fine not to exceed $500.00 or imprisonment for 30 days or both such fine and imprisonment. (Ord. 1682 § 10, 2011; Ord. 1510 § 5, 2005; Ord. 1502 § 1, 2004)

13.09.025 Lease of dock vending locations. Revised 1/24

(a) Sales Prohibited. No person shall provide, sell, offer to sell, take orders to sell, or advertise the sale of any goods or services on any dock facilities of the port of Ketchikan except as permitted under a lease granted to that person by the city pursuant to this section. No person shall solicit contributions or in any way offer or provide goods or service of any sort on the dock facilities unless permitted by the city manager.

(b) Leases. The city manager may lease up to eight areas on the city’s dock facilities for use as dock vending locations. Two of those areas shall be designated for only the sale of food prepared for immediate consumption. The remaining six areas will be designated for the sale of tours. The term “tour” includes charter fishing. The city manager shall determine whether each lessee shall lease a single area or whether all lessees will lease all six areas in common with each lessee having the right to use each area on a rotational basis. A map or other description of each area shall be kept on file in the office of the city clerk. All leases shall contain such terms and conditions as the city manager shall determine, but shall include the following:

(1) Duration. No lease shall exceed three years and may be renewed upon mutual agreement for an additional three-year period. No lessee shall be given any other right to renew the lease or any preference in the award of any subsequent lease.

(2) Use. The leased area shall be used for only those purposes allowed by the lease. No subleasing will be permitted. The lessee may not assign or otherwise transfer any rights or interests under the lease. Only the lessee or its employees may make sales on the leased area.

(3) Employees. By May 1st of each year, the lessee shall provide the city manager with a list of all employees who will sell or provide goods or services from the leased area. The lessee shall notify the city manager in advance of the names of any employees who will be hired after May 1st of each year. The city manager shall, within 15 days of receiving the list of names, either approve of or reject any or all of the employees. Any employee who has been rejected by the city manager shall not sell or provide goods or services on the leased area. The lessee shall provide payroll tax and other information to the city manager for the purpose of determining whether a person is an employee of the lessee.

(4) Seasonal Use. The uses permitted under the lease shall be permitted only from May 1st to September 30th of each year unless a longer period is permitted by the city manager. The lessee shall remove all of its property from the leased areas by October 1st of each year unless otherwise permitted by the city manager. During the period from October 1st through April 30th of each year, the lessee shall have no rights to the leased area except as the city manager may permit, and the city may use the leased area or permit the use of the leased area by any person as it determines.

(5) Failure to Operate. A lessee who, without the prior approval of the city manager, does not conduct business on the leased area for 15 consecutive days shall be deemed to have abandoned and terminated the lease.

(6) No Activities Outside of Leased Area. The lessee shall not permit any of its activities to occur anywhere on the dock facilities except on the leased area; provided, however, that lessee may use designated loading zones for the sole purpose of loading and unloading passengers. Lessee may use designated walkways and driveways for access to the leased area; provided, that no solicitation, boarding or disembarking, sales or other activities occur.

(7) Indemnification. The lessee shall indemnify, defend and hold harmless the city, its employees, officers, agents and contractors from and against any and all loss, damage, cost, expenses, injuries, deaths, and claims arising from or related to any act or omission of the lessee, its agents, officers, employees, invitees, affiliates or contractors. The lessee shall be responsible for the entire cost of repairing, remodeling, rebuilding, or restoring any damage to city facilities or property arising from or related to the acts or omissions of the lessee, its officers, agents, customers or employees.

(8) Insurance. Each lessee shall at all times during the period of operations maintain a current comprehensive general liability insurance policy in the amount of not less than $1,000,000 combined single limit, which policy shall name the city, its officers, agents and employees as additional named insureds and contain a waiver of subrogation endorsement as to the city, its officers and employees. The policy shall not contain any self-insured retention or deductible in excess of $1,000, and shall include a provision requiring written notification be given to the city by the insurance company not less than 30 days before the policy expires, or is canceled, modified or terminated for any reason. Lessees shall submit a copy of the policy, or, at the option of the city, a certificate of the policy, to the city prior to April 15th of each year.

(9) Utilities. Each lessee shall be responsible for the proper installation and connection of any utilities and shall pay the full cost of installation and use of the utilities. Utility installation and connection shall be of a quick-disconnect design and must be approved by the city prior to installation.

(10) Facilities and Signs. No facilities or equipment shall be placed upon the leased premises without the prior approval of the city manager. No permanent improvements to the leased area will be made. All facilities and equipment shall be designed and built in such a manner as to be readily removable. No signs shall be placed on the leased area without the approval of the city manager. Signs may advertise only the goods or services which are sold on the leased area under the terms of the lease.

(11) Cleanup. The lessee shall keep the leased areas clean, sanitary, and in good condition, and shall immediately repair or replace any damage.

(12) No Warranties or Representations. The city shall make no warranties or representations as to the condition, suitability or stability of the leased areas or of the pilings, decks, and supports or the leased areas. The lessee shall take the leased area and its pilings, decks, and supports in as-is condition. The city makes no warranties or representations as to the existence, condition or suitability of any utilities, streets, pilings, decks, supports, accessways or docks which are adjacent to the leased areas or which may be used for access to or from the leased areas. The city shall have no duty to maintain, repair or replace any utilities, streets, pilings, docks, decks, supports, and accessways. The city shall have no liability to any lessee for lost revenue, earnings, business opportunities or profits whether such losses are caused by the intentional or negligent acts or omissions of the city, its officers, agents, contractors, lessees or permittees. The city may at any time and without notice or liability close or restrict use of any streets, docks, accessways or dock space. Nothing in any lease shall be deemed to limit the city’s right to permit any other use of the dock facility and nothing shall grant lessees any exclusive rights to use dock facilities other than the leased area. The city shall have no duty to lessees to enforce the provisions of subsection (a) of this section or any other ordinances, laws, rules or regulations including, but not limited to, those which affect the use of dock facilities, streets, sidewalks or other public facilities.

(13) Early Termination. The city may, at its convenience and without any payment or liability to any lessee, terminate any or all leases by providing the lessee with written notice on or before December 1st of any year. If such notice is provided the lease shall be terminated on December 31st of that year. In addition, the city may, upon 15 days’ written notice, terminate any lease in the event the lessee, its employees, officers, agents, affiliates or invitees violate any of the terms and conditions of the lease or violate any ordinance, law or rules or regulation relating to the use of the leased areas. The city may suspend or terminate a lessee’s use of the leased areas in the event that the dock facilities or leased areas are damaged, unsafe, in need of maintenance, repair, remodeling or improvement or are needed for public purposes.

(14) Rules and Inspection. The city manager may establish reasonable rules for the use and occupation of the leased areas and dock facilities. The city manager or his designee may at any time inspect the leased area and all facilities, equipment and utilities located on the leased facilities.

(15) Limitation of Damages. Under no circumstances shall the city be liable to the lessee for any damages, losses, or costs of any sort arising from or related to the lease, the leased areas, the dock facilities, the lessee’s business or the termination or breach of the lease by the city, which are in excess of the rent paid under the lease prior to the date of the damage, loss, or cost.

(1) The city manager may award leases for dock vendor areas by sealed competitive bids after such notice as the manager deems feasible subject to such minimum bid amounts that the council may establish by motion. The city manager may also award leases in the same sealed competitive bid manner if the number of lessees offering tours falls below six, or the number of lessees selling food falls below two, or in the alternative may award such leases to the next highest qualified bidder that submitted a responsive bid pursuant to the original bid solicitation.

(2) Exemption from Other Competitive Bid Requirements. The award of leases under this subsection is exempt from the provisions of Charter Sections 5-16 and 5-17, KMC 3.12.060, and other requirements for competitive bidding.

(d) Eligibility Requirements. Potential lessees must meet the following eligibility requirements prior to submitting a bid for a lease and during the term of the lease:

(1) Hold a current Alaska business license in a line of business commensurate with the respective vendor program, either sales or tours or food;

(2) Maintain a place of business under the name on the Alaska business license within the boundaries of the Ketchikan Gateway Borough;

(3) Maintain a year-round mailing address within the Ketchikan Gateway Borough; and

(4) Designate a single individual by physical address, mailing address and phone number within the Ketchikan Gateway Borough upon whom service of notices and legal proceedings may be made. Service of any notice concerning the permit to that person shall be legal and sufficient notice to any of the holders, owners, or any other with an interest in the permit. The harbormaster must be notified in writing no less than 10 days before there is a change in the name, address, or phone number of the designated person for a permit. Failure to timely notify the harbormaster shall be considered a violation of the lease conditions.

(e) Citations. Police officers and harbormasters are authorized to give notice to persons accused of violating provisions of this section by delivering citations to such persons. The citations shall include at least such information as is required by law.

(f) Warrant Issuance. In the event any person fails to comply with a citation given to such person, a warrant for his arrest may be issued if the person has failed to comply with the citation or complaint.

(g) Notices.

(1) Notices of Violation. In addition to or in lieu of any other procedures provided for in this section, police officers and harbormasters are authorized to give notice to persons accused of violating any provision of this section by issuing notices of violation to the alleged violators. The notices of violation shall provide:

(A) A brief description of the violation;

(B) The appropriate time and place of the violation;

(D) The city office and address where the penalty may be paid;

(E) A statement that, unless an appeal is filed within 10 days from the date of the violation or the penalty is paid within 30 days of the violation, an additional fee of $15.00 will be imposed;

(F) A brief description of the procedure for appealing the notice of violation, the office where such appeal must be filed, and the time for filing an appeal;

(G) A notice that timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty;

(H) A notice that the person has a right to an administrative hearing at which the person may be represented by counsel, confront and question witnesses, testify, and subpoena witnesses;

(I) A notice that failure to timely and properly file an appeal or pay the penalty will be deemed an admission of the violation; will waive all rights to appeal or contest the notice of violation or penalty; will cause the penalty and late payment fee to become immediately due and payable; and will subject the person to additional collection costs if the penalty and fee are not paid; and

(J) Such other information as the city manager may require.

Failure to timely pay the penalty shown on the notice of violation or failure to timely and properly appeal the notice of violation or contest the notice of violation or penalty shall be deemed an admission of the violation described in the notice of violation and shall cause the penalty and late payment fee described in subsection (h) of this section to become immediately due and payable. Timely payment of the penalty will waive all rights to appeal or contest the notice of violation or penalty.

(2) Additional Notice. If the penalty set forth in subsection (h) of this section has not been paid within at least 30 days from the date the notice of violation was issued and if an appeal has not been filed, an additional notice shall be sent to the person alleged to have been in violation. The notice shall contain:

(A) A brief description of the violation;

(B) The appropriate time and place of the violation;

(D) A statement that the time for appeal has passed unless within 10 days from the date the notice was mailed the person files a written appeal and proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person;

(E) A brief statement of the procedure for appealing and the office where such appeal must be filed;

(F) The city office and address where the penalty and fees may be paid; and

(G) Such other information as the city manager may require.

(h) Violations – Schedule of Fines and Penalties.

(1) The following fine and civil penalty schedule shall apply to the violations listed below:

Type of Violation	Fine/Penalty
Any violation of KMC 13.09.025	$100.00

(2) Late Payment Fee. The above fines or penalty shall be increased by an additional $15.00 in the event that the fine or penalty is not paid in full within 30 days of the date the notice of violation or citation was issued. In computing the 30-day period, the period during which a properly filed and timely appeal is pending shall not be considered. If a citation has been issued, the period prior to the rendering of a final sentence shall not be considered in computing the 30 days; provided, however, that the violator or presumed violator has appeared in court at the time shown on the citation and at such other times as scheduled by the court. In addition to the fines and penalties described above, the violator shall pay all collection and legal costs incurred in the collection of a fine or penalty which has not been timely paid.

(3) Collection of Fines, Penalties, and Costs. An alleged violator of any of the ordinances described in subsection (h)(1) of this section who has failed to pay all fines, penalties, late payment fees, and costs described in this section shall, upon the expiration of any time for appeal, be indebted to the city in the amount of such fines, penalties, late payment fees, and costs. In addition to or in lieu of any other provision for collection of such fines, penalties, late payment fees, and costs, the city may collect these amounts as a debt and may use such collection services and methods as are determined by the city manager.

(i) Administrative Appeal.

(1) Right to Appeal Notices of Violation. Any person to whom a notice of violation as described in this section has been issued may appeal the notice of violation in the manner set forth below.

(2) Time for Appeal. Within 10 days of the date the notice of violation was issued, any person appealing a notice of violation shall file with the hearing officer a written appeal. A written appeal may also be filed with the hearing officer within 10 days of the date the additional notice described in subsection (g)(2) of this section was mailed; provided, however, that the appeal will be considered untimely unless the appellant proves to the hearing officer by satisfactory evidence that the person did not receive the notice of violation and that the failure to receive the notice was not the result of any act or omission of the person. If the person appealing provides such satisfactory evidence, the person shall not be charged a late payment fee for the period prior to the date of the hearing officer’s decision. Failure to file a written appeal within the time limits set forth above shall waive any right to appeal or contest the notice of violation or the penalties, fees, and costs imposed for the violation.

(3) Contents of Written Appeal. The written appeal shall state:

(A) The name and mailing address of the appellant;

(B) The number or other sufficient identification of the notice of violation;

(D) A statement of the reasons for the appeal;

(E) A statement as to whether the appellant requests a hearing before an administrative hearing officer or desires to have the administrative hearing officer decide the matter without a hearing. Unless a hearing is requested, the appellant’s rights to a hearing, to be represented by counsel at appellant’s cost, and the opportunity to present evidence and to examine and cross-examine witnesses will be waived. If the appellant waives hearing, the hearing officer may determine the case based upon the written statements of the appellant, the issuing officer and any witnesses and upon the hearing officer’s own observations;

(F) The signature of the appellant and the date of signing; and

(G) Such other information as the city manager may require.

The manager shall prepare appeal forms which appellant may use.

(4) Hearing Procedures.

(A) Date. Unless 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 city.

(B) 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:

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

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

(iii) 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;

(iv) 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;

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

(vi) 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;

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

(viii) Failure of an appellant to appear at the hearing when such hearing has been requested by appellant shall waive all right to a hearing and shall render the amount of the fines, penalties, and costs due and owing.

(5) Scope of Review. The hearing officer’s decisions shall be based solely upon the law and the facts applicable to the case. If a violation is legally determined to have occurred, the hearing officer shall not substitute his/her judgment for that of the police officer or harbormaster as to whether a notice of violation should have been issued. If a violation is legally determined to have occurred, the hearing officer shall furthermore not substitute his/her judgment for the council, manager, or other authority which enacted the regulation or ordinance and shall not reduce the penalty below that provided for under subsection (h) of this section.

(6) Decision. No later than 15 days 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.

(7) Payment. If the hearing officer upholds the notice of violation, the appellant shall pay the penalty, any applicable late fees, and costs of collection.

(8) Reconsideration and Appeal. The decision of the hearing officer reached at the conclusion of a quasi-judicial proceeding or administrative hearing may be reconsidered or reheard only if:

(A) There was substantial procedural error in the original proceedings;

(B) The hearing officer acted without jurisdiction; or

Any person seeking reconsideration or rehearing must file a request with the city clerk together with the materials supporting one or more of the grounds stated above within 15 days of the decision for which reconsideration or rehearing is requested. A rehearing shall be conducted in the same manner as the original proceeding. The decision of the hearing officer may be appealed to the superior court pursuant to the Alaska Rules of Court, Appellate Rules.

(9) Appointment of Hearing Officers. The hearing officers shall be appointed by the manager and confirmed by the council. (Ord. 1984 § 1, 2023; Ord. 1792 § 1, 2015; Ord. 1729 § 1, 2013; Ord. 1682 §§ 11, 12, 2011; Ord. 1498 § 1, 2004; Ord. 1344 § 3, 1996)

13.09.030 Permit for the sale of fresh seafood.

(a) General. No person shall sell, offer to sell, or take orders to sell any fresh seafood on any of the dock facilities of the port of Ketchikan except as authorized by a duly issued and currently valid permit for the sale of fresh seafood obtained pursuant to this section.

(b) Terms. Permits issued under this section shall be issued only for the sale of fresh seafood. A permit shall be effective on the date determined by the harbormaster and shall remain in effect, unless sooner revoked, until the date of termination as determined by the harbormaster. Permits, or any rights or privileges thereunder, may not be assigned or transferred. Acceptance of a permit for the sale of fresh seafood by the permittee shall constitute an agreement by such permittee that he has no property right in the permit, and that such permittee shall appear and defend, and indemnify and hold the city, its elected and appointed officials and employees, harmless from and against any and all claims, loss, persons, or for damage to property resulting from or arising out of any act or omission of such permittee, or any of permittee’s employees, agents, representatives or customers on the dock facilities. The city and its elected and appointed officials and employees assume no responsibility for or regarding any goods sold or activities by any permittee, or any of permittee’s employees, agents, representatives, contractors or customers.

(c) Application. A person seeking a permit for the sale of fresh seafood shall file a written application for such permit with the harbormaster on a form provided by the harbormaster. The availability of applications for permits for the sale of fresh seafood shall be advertised by the harbormaster. Applications will be accepted by the harbormaster only during the period commencing on November 1st and ending on December 15th of each year. The application shall contain the following information:

(1) Name, address and telephone number of the applicant;

(2) A description of the vending unit proposed to be used in the business, including the size of the unit;

(3) The specific type or types of fresh seafood proposed to be sold;

(4) An acknowledgement by the applicant that he agrees to be bound by all of the terms, conditions and provisions set forth in this section, and such additional terms and conditions as may be set forth in the permit;

(5) Such other information as the harbormaster may deem necessary to make a determination on the application.

(d) Issuance. Prior to issuance of a permit for the sale of fresh seafood, the applicant shall provide the harbormaster with proof that he has been issued and is the holder of a currently valid state business license and with proof that he is in compliance with any other applicable state laws, regulations or requirements.

(e) Location of Sales. The harbormaster shall designate two spaces on the dock facilities where permittees may conduct sales of fresh seafood. The use of such spaces by permittees shall be on a daily first-come, first-served basis.

(f) Limitations.

(1) The permit issued under this section shall be prominently displayed on the vending unit whenever the unit is being used for vending. No permittee, or any employee, agent or representative thereof, shall operate a vending unit unless there is displayed on the unit a current state of Alaska business license, a current state of Alaska food handling permit if applicable, and the permittee’s operation complies with all local, state and federal health and sanitation requirements, and with all other laws, ordinances, regulations and permit conditions.

(2) Permittees may sell fresh seafood from self-propelled or non-self-propelled vending units. All units shall be mounted on wheels and shall be capable of locking or blocking two wheels to prevent accidental movement.

(3) All vending units shall be removed from the dock facilities each day not later than 10:00 p.m.

(4) Each permittee, and any employee, agent or representative thereof, shall each day pick up, remove and dispose of all trash, litter and refuse remaining from sales made by such permittee, employee, agent or representative, before leaving the vending space utilized by such permittee.

(g) Fees. A permit for the sale of fresh seafood is subject to the following nonrefundable fees:

(1) Application Fee. The application fee shall be $25.00, which fee shall be nonrefundable and payable at the time of filing of the application.

(2) Permit Use Fee. A permit use fee shall be charged for use of the dock facilities. The permit use fee shall be $10.00 per day, and shall be payable on a monthly basis for those days on which business is conducted. The permit use fee accrued for each month shall be paid not later than five days before the first day of the next following month.

(h) Insurance. Each permittee shall maintain at all times during the entire term of the permit a current comprehensive general liability insurance policy in an amount of not less than $500,000 combined single limit, which policy shall name the city as an additional named insured and contain a waiver of subrogation endorsement. The policy shall not contain any self-insured retention or deductible in excess of $1,000, and shall include a provision requiring written notification be given to the city by the insurance company not less than 30 days before the policy expires, or is canceled, modified or terminated for any reason. Permittees shall submit a copy of the policy, or, at the option of the city, a certificate of the policy, to the city prior to beginning operations.

(i) Revocation. The harbormaster may at any time revoke a permit for the sale of fresh seafood for noncompliance with any term, condition or provision of the permit, for violation of any provision of this section, or other applicable local, state or federal law, ordinance or regulation, or upon a determination that the operation of the permittee is causing a hazard or a disruption of pedestrian or vehicular traffic, or that the area affected by the permit is required for a public purpose, or for other reasons. The permittee shall be given written notice of the proposed revocation and an opportunity to be heard by the harbormaster before revocation of the permit, if so requested by such permittee not later than five days after the date of the written notice of proposed revocation. The permittee may appeal the decision of the harbormaster to the city manager by filing a written notice of appeal with the city clerk not later than three days after the date of the decision being appealed.

(j) Fraud. Any person issued a permit under this section who commits any act of fraud, cheating or misrepresentation, whether through the permittee or through an employee, agent or representative thereof, while performing any activities provided for in the permit, directly or indirectly, or who shall barter, sell or peddle any goods upon the dock facilities other than those specified and authorized in his permit shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in subsection (k) of this section.

(k) Penalty. Any person who violates any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $300.00. A separate offense shall be deemed committed on each day during which a violation occurs or continues. (Ord. 1046 § 2, 1984)

13.09.040 Program for performing artists.

(a) The city manager or designee may authorize a program for performing artists on the Port of Ketchikan with the intent to provide a venue for local musicians to entertain cruise ship passengers and other visitors.

(b) The city manager or designee may establish rules for the program to include the application and selection process, authorized locations, scheduling and any other relevant guidelines. (Ord. 1891 § 1, 2019)

13.09.050 Youth funding activities. Revised 1/24

The city manager may authorize a program for fundraising activities by nonprofit youth organizations that serve the youth of the community on the Port of Ketchikan, and may establish rules for the program including the application and selection process, authorized locations, scheduling and duration of the program and other relevant requirements. (Ord. 1984 § 2, 2023)