Chapter 14.20 USE OF HARBOR AREAS

Chapter 14.20
USE OF HARBOR AREAS

Sections:

14.20.010 Registration and proof of ownership.

14.20.020 Utilization of mooring facilities.

14.20.030 Utilization of open mooring facilities.

14.20.040 Utilization of reserved mooring facilities.

14.20.045 Reservation of floats.

14.20.050 Refusal of moorage facilities.

14.20.060 Assignment of mooring facilities.

14.20.070 Loading areas.

14.20.080 Gridirons.

14.20.085 Drive-down float and crane.

14.20.090 Boat segregation.

14.20.100 Sanitation and safeguarding.

14.20.110 Prohibited activities.

14.20.130 Reporting violations.

14.20.140 Penalties.

14.20.150 Fine schedule.

14.20.010 Registration and proof of ownership.

(a) Every boat owner or operator using the boat harbor facilities is required to register his name, telephone number, post office, street address, the name and number of the boat, its length, its breadth, and registered tonnage, if any, with the harbormaster on forms to be provided by him for that purpose immediately upon entry or utilization of any boat harbor facilities.

(b) Any boat not required to be numbered under the U.S. Coast Guard regulations and using the boat harbor facilities shall be registered with the harbormaster. It shall be the duty of every boat owner or operator of any boat to contact the harbormaster and register as above.

(c) Boat owners who apply for, have been granted, or wish to renew a reserved mooring space shall be required to show proof of ownership. Acceptable forms of proof include a copy of the current state vessel registration or U.S. Coast Guard documentation certificate. The name(s) on the proof of ownership must match the name(s) on the reserved moorage account.

(d) For any vessel identified as a live aboard boat, proof shall be required that at least one of the persons residing aboard the vessel is the legal registered owner. Acceptable forms of proof include a copy of the current state vessel registration or U.S. Coast Guard documentation certificate. Requests for waivers to the requirements of this section shall be submitted in writing to the harbormaster for consideration on a case by case basis. (Ord. 1817 §§ 2, 3, 2016; Ord. 1682 § 23, 2011; Ord. 1208 § 1, 1991; Ord. 855 § 2, 1976; Ord. 818 § 2, 1975)

14.20.020 Utilization of mooring facilities.

All the mooring spaces in the boat harbor facilities can be classified as either open mooring or reserved mooring. The use of either classification of mooring facility is contingent upon the payment of the appropriate fee as set forth in this title. (Ord. 818 § 2, 1975)

14.20.030 Utilization of open mooring facilities.

(a) Areas designated for open mooring shall be open to all members of the public. Such areas shall be used primarily for temporary mooring. Open mooring spaces shall be utilized on a “first-come, first-served” basis. No boat or boat owner or operator shall have any exclusive right to open mooring space. Should any boat moored at such mooring leave such space for any purpose, it shall have no exclusive right to return to the same space if, upon return, it is found that the space is occupied by another boat.

(b) Every boat owner or operator using the open mooring facilities for any period shall be charged a mooring facility use fee. (Ord. 1682 § 24, 2011; Ord. 1561 § 1, 2006; Ord. 855 § 3, 1976; Ord. 818 § 2, 1975)

14.20.040 Utilization of reserved mooring facilities.

(a) Every boat owner desiring to assure the availability of a mooring space by reserving a mooring space, or to moor temporarily at any vacant reserved stall or numbered mooring space, shall apply therefor to the harbormaster. No such stall or space shall be used until so reserved or assigned and the appropriate fee therefor is paid in advance. Reserved mooring space may be terminated in the event that the boat owner fails to timely pay any harbor fee owed by that owner. A refund may be issued for any full months remaining in the current billing period, in accordance with KMC 14.40.020(e), less harbor fees owed the city for any reason.

(b) Possession of a reservation for a specific mooring space does not imply nor guarantee to the holder any right to the exclusive use of such space for the duration of reservation agreement. Possession of a reservation is a guarantee that the reserved space shall be available for the use of the holder of a reservation during those periods when the subject boat is within the boat harbor facilities, and that the reserved space shall not be otherwise used except as provided in this section.

(c) The harbormaster may, at any time the boat of a holder of a reserved mooring space is absent, assign the space temporarily to another boat. To assure that the reserved moorage space will be available upon return of the holder’s boat, the holder shall notify the harbormaster of the boat’s estimated times of departure and return.

(d) In the event that the holder of a mooring space reservation returns to the boat harbor facilities earlier than scheduled, said holder shall contact the harbormaster. The harbormaster shall cause the boat temporarily assigned to the reserved mooring space to be moved to another location.

(e) The harbormaster shall inform users of the absent holder’s reserved mooring space that said use shall continue only for the duration of the holder’s boats absence and that the harbormaster is authorized to move the temporarily assigned boat to another location upon return of the holder’s boat. The user shall, if possible, inform the harbormaster as to where user can be contacted.

(f) A boat owner who possesses a reservation for a mooring space shall not sublease or in any other manner permit the use of such mooring space to any other boat owner except as provided in this section.

(g) The boat owner or operator temporarily assigned to a reserved mooring space shall not utilize the utilities which may have been provided to that space for the exclusive use of the boat owner holding a reservation on that space.

(h) Nothing in this section limits the harbormaster’s authority to utilize the holder’s reserved space during the absence of the holder’s boat and to move moored boats to other locations in the event of fire or other emergency requiring such action.

(i) No property rights are created by this section or this title. The holder shall have only a license to use the space reserved to him as provided in this title.

(j) In the event of the death of a holder of a mooring space reservation, the reserved mooring may be given to the surviving spouse upon a written request to the harbormaster. (Ord. 1682 §§ 25, 26, 2011; Ord. 1561 § 2, 2006; Ord. 1114 § 12, 1987; Ord. 1012 §§ 1, 2, 1983; Ord. 818 § 2, 1975)

14.20.045 Reservation of floats.

(a) Any organization, club or other groups of boat owners (hereinafter referred to as “club”) owning boats sufficient in number to occupy one float may apply to the harbormaster for reservation of one float for use of the boats belonging to club members.

(b) For the purpose of this section, “float” refers to any float other than a main float.

(c) The harbormaster shall consider the interests of boat owners unaffiliated with any club and the interests of the public before entering into an agreement for the reservation of a float. Upon the harbormaster’s determination that the benefits to the city and the public that would be derived from reservation of a float are outweighed by the adverse impact on such interests, the harbormaster shall not enter into such an agreement or may terminate an existing agreement. An appeal of the harbormaster’s decision may be made to the city council.

(d) It shall be the responsibility of the club renting a float to collect fees from its members for the reserved float and stalls. Such fees shall be payable in advance in two equal semi-annual payments due on May 1st and November 1st of each year, and shall be, at a minimum, equivalent to the fee for the combined float and stall length or the reserved float. The provisions of KMC 14.40.060 shall apply except that the club rather than the boat owner shall be subject to an action by the city for fees due under this section.

(e) It shall be the responsibility of the club renting a float to police the area in and around the float and to remove debris in and around the float.

(f) In consideration of the responsibilities assumed under subsections (d) and (e) of this section, the provisions of KMC 14.20.040(a) through (h) shall not apply to the reservation of floats. The club may establish such rules relating to the temporary assignment of spaces in the reserved float as are consistent with the efficient operation of the harbor. Any fees from the temporary assignment may be retained by the club. The club and its members shall otherwise be governed by the laws and regulations set forth in this title, but may establish more restrictive regulations for its members. Any fees from temporary assignment may be retained by the club.

(g) Any club currently reserving a float shall be notified in a manner consistent with the terms of its lease with the city that the provisions of this section shall be incorporated by reference into the lease at the earliest date possible under the terms of the lease. (Ord. 1864 § 1, 2018; Ord. 1359 § 1, 1997; Ord. 1005 §§ 20, 21, 1983; Ord. 825 § 1, 1975; Ord. 818 § 2, 1975)

14.20.050 Refusal of moorage facilities.

The harbormaster may refuse mooring facilities to boats or vessels, aircraft, boathouses, floats, scows, rafts, pile drivers, and any other floating structures which are or may become or create a fire hazard or otherwise constitute or become a menace or nuisance to the safety and welfare of other boats, structures, facilities or occupants. (Ord. 1114 § 13, 1987; Ord. 818 § 2, 1975)

14.20.060 Assignment of mooring facilities.

(a) The harbormaster shall supervise and manage all mooring spaces in the boat harbor facilities.

(b) The harbormaster shall develop a plan for the assignment of mooring facilities to accommodate the needs of various sizes and types of boats. Such plan shall include, but is not limited to, a waiting list system for the reserved moorage facilities designed to provide for the orderly and efficient assignment of said facilities. The harbormaster may change such plan from time to time based on the need for such change.

(1) Boat owners on a waiting list who have requested a handicap accessible slip and provided proof of a valid state issued special disability parking permit shall be given priority over boat owners who have not requested or do not qualify for a handicap accessible slip whenever a slip designated in the float plan as reserved for handicap accessible vessels becomes available. If there are no boat owners on the waiting list who have requested a handicap accessible slip then it may be offered to a boat owner who has not requested or qualifies for a handicap accessible slip.

(c) The harbormaster may, from time to time, in the interests of safety, order, health or convenience, require the boat owner or operator to change from one mooring space to another. When changes from one mooring space to another are made at the direction of the city, any charges for changes of utility service incurred because of such move shall be the responsibility of the city.

(d) Lighter vessels used to transport passengers or cargo to or from Ryus Float may reserve no more than one-half the length of Ryus Float. (Ord. 1817 § 4, 2016; Ord. 1682 § 27, 2011; Ord. 1247 § 3, 1993; Ord. 1005 § 22, 1983; Ord. 960 § 1, 1981; Ord. 818 § 2, 1975)

14.20.070 Loading areas.

(a) No boat shall remain moored in designated loading areas for any period longer than is posted. The harbormaster is authorized to designate loading areas and to establish the length of time in which any vessel may be moored in a designated loading area.

(b) The boat launching floats located at Bar Harbor and Knudson Cove shall not be utilized for the purposes of loading or unloading goods, materials, or any other items or substances:

(1) By any boat over 40 feet in length; or

(2) By any boat less than 40 feet in length during weather, wind or tide conditions which create a peril of damage to the boat launching float or its appurtenant structures; and

(3) By any boat less than 40 feet in length which, because of its shape, size or design, creates a peril of damage to the boat launching float or its appurtenant structures.

Appurtenant structures include wood decking, timber pilings, ramp sideboards, and fill. (Ord. 1325 § 1, 1995; Ord. 828 § 1, 1975; Ord. 818 § 2, 1975)

14.20.080 Gridirons.

Gridirons shall be available at all times to boat owners or operators for the purpose of bottom painting and repairs and other customary gridiron uses. Reservations shall be required through the harbormaster. Fees for use of the gridirons shall be in accordance with KMC 14.40.040(a). (Ord. 1682 § 28, 2011; Ord. 818 § 2, 1975)

14.20.085 Drive-down float and crane.

(a) Subject to the provisions of this section, the drive-down float located in Bar Harbor may only be utilized for loading or unloading persons or property, except that loading or unloading of passengers and crew of for-hire charter vessels is not allowed. Use of the drive-down float shall be by reservation only obtained through the port and harbors department. Vehicles and vessels utilizing the drive-down float shall not be left unattended without prior approval of the port and harbors department.

(b) There shall be no additional charge for use of the drive-down float provided the user is current in the payment of moorage fees for the vessel in any of the city’s harbor facilities for the day of use including reserved moorage, open moorage and daily moorage fees. Users of the drive-down float who are not current in the payment of moorage fees for the day the float is used shall be charged the daily moorage fee for the vessel listed in KMC 14.40.030.

(c) Use of the drive-down float crane shall also be by reservation only, obtained through the port and harbors department. Charges for use of the crane shall be in accordance with KMC 14.40.050(c).

(d) Users of the drive-down float or crane must protect those facilities and their appurtenant structures against damage and are liable to the city for repairs if they cause such damage. Vessels and vehicles (including trailers) that create an unreasonable risk of damage to the drive-down float or crane as determined by the port and harbors department shall not be allowed to use the drive-down float or crane. As used in this subsection, “appurtenant structures” include wood decking, bullrails, steel piles, transfer bridge, approach dock, transition plates and steel grating. (Ord. 1755 § 1, 2014)

14.20.090 Boat segregation.

Boat segregation shall be as follows:

(a) Thomas Basin is limited to boats not exceeding nine-foot draft and 65-foot overall length.

(b) Ryus Float is limited to boats not exceeding 90 feet in length and reserved as a loading area as posted.

(d) Bar Harbor is limited to boats not exceeding 110 feet in overall length, except as otherwise posted.

(e) Moorage at the small boat harbor at Knudson Cove and at Hole-in-the-Wall is limited to boats not exceeding 40 feet in overall length. (Ord. 1817 § 5, 2016; Ord. 1682 § 29, 2011; Ord. 1572 § 1, 2007; Ord. 1114 § 14, 1987; Ord. 1012 § 3, 1983; Ord. 818 § 2, 1975)

14.20.100 Sanitation and safeguarding.

In addition to the duties of registering, as above provided, every boat owner or operator using the boat harbor facilities shall be obliged to use due diligence in performing the following requirements:

(a) No untreated human waste or any substance or material deleterious to fish, plants or animal life may be discharged from a vessel except in a lawful and approved manner within the confines of the harbor system. Additionally, live aboard vessels shall be equipped with a permanently installed, operational, Coast Guard approved, Type I, II or III marine sanitation device. The harbormaster shall have the right, upon reasonable notice, to inspect the interior of any such vessel to verify compliance with this requirement. Portable toilets are not considered an installed toilet facility and do not meet the requirements of this section. Waste from an approved Type III marine sanitation device may not be discharged within the harbors except at one of the city’s sewage pump out stations or legally off-loaded to a licensed private sewage handling contractor or transferred to one of the harbor pump out stations via a portable tank approved by the harbormaster. The harbormaster shall have the right to require owners of live aboard vessels to demonstrate and/or document regular, legal off-loading of waste.

(b) Use all reasonable precautions in keeping the boat free from fire hazards of any type or nature;

(c) Use all reasonable effort and precautions in keeping the boat well-secured, securely moored with lines in reasonably fit condition, sufficiently pumped out at all times to keep the boat afloat, and to otherwise attend the needs of the boat;

(d) Use adequate precautions to lock up and stow and otherwise safeguard all movable gear and tackle;

(e) Supply and use adequate fenders to safeguard floats and vessels from chafing and other damages. (Ord. 1817 § 6, 2016; Ord. 1682 § 30, 2011; Ord. 818 § 2, 1975)

14.20.110 Prohibited activities.

It is unlawful for any boat owner or operator using the boat harbor facilities to commit any of the following prohibited acts:

(a) To operate or cause to be operated a boat in a reckless manner. For the purpose of this section “to operate in a reckless manner” means to operate a boat in willful or wanton disregard of the rights or safety of others, or without due caution and circumspection, or at a speed or in a manner as to endanger or to be likely to endanger a person or property, or that which creates a substantial and unjustifiable risk of harm to 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 of conduct that a reasonable person would observe in the situation.

Any person convicted of reckless operation as herein defined shall be fined not more than $500.00 together with the costs of prosecution thereof or imprisonment for not more than 30 days, and in addition thereto his privilege of using the boat harbor facilities may be suspended for not more than one year;

(b) To operate or cause to operate a boat in a negligent manner. For the purpose of this section “to operate in a negligent manner” means the operation of a boat in such a manner as to create an unjustifiable risk of harm to a person or to property and which, as a result of the creation of the risk, actually 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 care that a reasonable person would observe in the situation. Proof that a defendant actually endangered a person or property is established by showing that, as a result of the defendant’s operation:

(1) An accident occurred;

(2) A person, including the defendant, took evasive action to avoid an accident;

(3) A person, including the defendant, stopped or slowed down suddenly to avoid an accident; or

(4) A person or property, including the defendant or his property, was otherwise endangered.

(5) The offense of negligent driving is a lesser offense than, and included in, the offense of reckless driving, and a person charged with reckless driving may be convicted of the lesser offense of negligent driving.

Any person convicted of negligent operation as herein defined shall be fined not more than $500.00 together with costs of prosecution thereof or imprisonment for not more than 30 days, and in addition thereto his privilege of using the boat harbor facilities may be suspended for not more than one year;

Any person convicted of operating a boat when under the influence of intoxicating liquor or drugs shall be fined not more than $500.00 together with the costs of prosecution thereof or imprisonment for not more than 30 days, and in addition thereto his privilege of using the boat harbor facilities may be suspended for not more than one year;

(d) To operate or cause to be operated any boat within the boat harbor facilities that causes a wake or wave action which will damage, endanger or be likely to endanger any other boat or any of the boat harbor facilities including but not limited to floats, finger floats, any other boat or occupant thereof;

(e) To throw or otherwise cause to be deposited gasoline, oil, litter, trash, untreated sewage, human waste, garbage or refuse as defined in KMC 9.68.020 on any float or into the waters of the boat harbor facilities;

(f) To fail to register with the harbormaster any boat occupying any of the boat harbor facilities;

(g) To create or maintain any nuisance as defined in KMC 14.30.010 within the boat harbor facilities, or to conduct or carry on any unlawful business or occupation therein;

(h) For any owner or person in charge of any dog or animal to allow or permit such dog or animal to run at large on any boat harbor facilities, or to leave fecal matter on any of the boat harbor facilities, or to become a nuisance therein;

(i) To deposit, place, or leave any cargo, merchandise, supplies, freight, articles, or thing upon any float, ramp, decline, walk, or other public place in the boat harbor facilities, excepting at such place or places as may be designated as loading areas by the harbormaster;

(j) To tap, connect, disconnect, interfere with, or tamper with any electrical wiring, electrical outlet, or electrical device of any kind installed or maintained in the boat harbor facilities by the city without first having obtained the permission of the harbormaster; or to interfere with or tamper with any wharf, float, gangplank, ramp, associated water system or any other of the boat harbor facilities;

(k) To write or post any written or printed matter or sign upon any bulletin board constructed or maintained by the city in the boat harbor facilities without first having obtained the permission of the harbormaster;

(l) To erect, place, post, or maintain any advertising matter, sign or other printed matter, other than legal notices, on or in any part of the boat harbor facilities without approval thereof first being obtained from the harbormaster. All unauthorized advertising and signs shall be removed by the harbormaster;

(m) To disregard, deface, remove, tamper with or damage any sign or notice posted or erected by the harbormaster or by direction of the city engineer relating to the use of the boat harbor facilities;

(n) To violate any provisions of this title, or any rule, regulation, order, notice, or posted sign made or issued pursuant thereto;

(o) To tie up, enter or otherwise use an open or a reserved mooring space except as provided for in this title;

(p) To conduct any commercial business enterprises or activities within the harbors; provided, however, the following vessels are not prohibited from using the harbors under this section when conducting certain commercial activities on an intermittent and occasional basis; fishing vessels when selling or distributing fish, crab or other products of the sea; charter and tour boats when loading or unloading tourists, supplies or gear, and other commercial vessels that conduct their business elsewhere and only use the harbors as a point of loading or off loading;

(q) To tamper with, move, or attempt to move any boat or obstruction which has been impounded by the harbormaster;

(r) To ride any wheeled vehicle, conveyance or device upon any boat harbor ramp or float;

(s) To obstruct or impede the use of any boat launch ramp;

(t) To park, place or use, on any boat launch ramp, a boat trailer which does not permanently display in the manner required by KMC 14.40.040(d) a valid boat launch ramp fee permit issued under KMC 14.40.040(d), or to use a boat launch ramp for the loading, unloading, launching or trailering of a boat without paying the boat launch ramp fee established under KMC 14.40.040(d). This subsection may be enforced by notices of violation issued by the harbormaster or his designee. Such notices shall be in the form provided for in KMC 10.88.070, and shall be placed on the trailer or boat. Notices of violation issued under this subsection shall be processed, appealed and enforced in the same manner as provided in KMC 10.88.070 through 10.88.085, and shall bear the same late payment penalties. The fine schedule shall be $60.00. The registered owner of the boat, trailer, or motor vehicle attached to the trailer will be responsible for a violation of this subsection to the same extent as registered owners of vehicles are held responsible under KMC 10.88.060.

(u) To violate the provisions of KMC 14.20.085 regarding use of the drive-down float and crane. (Ord. 1817 § 7, 2016; Ord. 1755 § 2, 2014; Ord. 1682 § 31, 2011; Ord. 1566 § 5, 2007; Ord. 1336 § 3, 1996; Ord. 1114 §§ 15, 16, 1987; Ord. 1012 § 4, 1983; Ord. 818 § 2, 1975).

14.20.130 Reporting violations.

Complaints of any violations of the foregoing prohibited acts shall be made to the Ketchikan police department or to the harbormaster. (Ord. 818 § 2, 1975)

14.20.140 Penalties.

Any person who violates or fails to comply with any provision of this title for which a specific fine or penalty is not otherwise provided, or any order or direction of the harbormaster, shall be guilty of a violation 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. 1114 § 17, 1987; Ord. 818 § 2, 1975)

14.20.150 Fine schedule.

Pursuant to KMC 1.02.110 the following fine schedule is established for violations of this title and of the codes and regulations as adopted by this title:

(a) For violation of KMC 14.20.110:

Subsection	Fine
(d)	$ 82.50
(e)	82.50
(f)	11.00
(g)	82.50
(h)	55.00
(i)	27.50
(j)	55.00
(k)	11.00
(l)	11.00
(m)	11.00
(n)	55.00
(o)	55.00
(p)	55.00
(q)	110.00
(r)	27.50
(s)	82.50
(t)	60.00
(u)	82.50

(b) For violation of any other section of this title: $11.00.

The fine schedule for a second offense of the same subsection within 12 months shall be twice the amount listed above or $110.00, whichever is lesser. The fine schedule for a third and subsequent offense of the same subsection within 12 months shall be triple the amount listed above or $110.00, whichever is greater. (Ord. 1755 § 3, 2014; Ord. 1682 § 33, 2011; Ord. 1566 § 6, 2007; Ord. 1336 § 4, 1996; Ord. 1269 § 12, 1993; Ord. 1114 § 18, 1987)