Chapter 18.28 PORT AND HARBOR FACILITIES

For statutory provisions regarding extraterritorial jurisdiction relating to harbor facilities and release or threatened release of oil or a hazardous substance, see AS 29.35.020.

18.28.010 Definitions

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

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

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

“Derelict” means:

(1) A vessel that is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or

(2) A vessel that has been moored or otherwise left in city waters or on public property contrary to law or regulations adopted by the city or a state agency or the vessel has been left on private property without authorization of the owner or occupant of the property; or

(3) A vessel with an expired marine document number where the registered owner no longer resides at the address listed in the vessel registration or marine document records of a state agency or the United States Coast Guard; or

(4) A vessel where the last registered owner of record disclaims ownership and the current owner’s name or address cannot be determined; or

(5) The vessel identification numbers and other means of identification have been obliterated or removed in a manner that nullifies or precludes efforts to locate or identify the owner; or

(6) The vessel registration records of a state agency and the marine document records of the United States Coast Guard contain no record that the vessel has ever been registered or documented, and the owner’s name or address cannot be determined.

“Exclusive moorage” refers to a signed agreement between the city and the owner/operator of a vessel for a certain, specific moorage space within St. Paul Harbor or St. Herman Harbor during which time services provided by the city of Kodiak through the harbormaster may be needed by the owner/operator of the vessel.

“Harbor and/or port facilities” means all piers, docks, floats, berths, parking areas, and other launching, loading, mooring, and repair facilities owned or operated by the city.

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

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

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

“Local boat” means a vessel operating out of the port of Kodiak whose owners or operators are residents of the Kodiak area.

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

“Power loading” means the use of a motor while loading or unloading a vessel at a boat ramp to get the vessel on or off a trailer.

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

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

“Small boat harbors” means the area of water in the Kodiak harbor within the boundaries created by breakwaters and by the shoreline of mean higher high water, together with all harbor facilities located in that area to include St. Paul Harbor, St. Herman Harbor, and Trident Basin.

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

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

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

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

“Waterway” means any water, lake, river, tributary, or lagoon within the boundaries of the city. [Ord. 1441 §2, 2023; Ord. 1336 §1, 2015; Ord. 879 §1, 1990; Ord. 653, 1982]

18.28.020 Mooring without registration and other prohibited acts

(a) No person may moor, berth, tie, attach, or connect a vessel to any harbor facility without registering with the harbormaster and paying or executing an agreement to pay applicable moorage charges. Vessels operating in the city’s waterways or moored to floats or dock facilities, either private or public, within the city limits shall register said vessels with the harbormaster for the safety and public welfare of the port of Kodiak.

(b) A person registering a vessel with the harbormaster shall present the U.S. Coast Guard documentation or registration papers for the vessel and provide the name, number, type, dimension, description, and uses of the vessel, the name and address of the registered owner, operator, and agent for the vessel, the type of registry requested, and such other information as may be requested by the harbormaster. In the event of a change of ownership in, or a change in the operator of, a vessel previously registered with the harbormaster, the previous owner or operator shall so notify the harbormaster within 30 days after the change. A new vessel mooring agreement shall be signed by the new owner or operator within 24 hours after the vessel’s first use of any port or harbor facilities following the change.

(c) It is unlawful to moor where signs prohibit moorage at floats, docks, ramps, or loading zones. It is unlawful to moor in areas restricted as exclusive moorage without first obtaining permission from the harbormaster.

(d) Vessels that are registered and moored, but are more than 60 days delinquent in the payment of moorage fees, or that are otherwise in violation of any section of this code, may be subject to impoundment.

(e) A vessel that is moored but not registered with the harbormaster may be moved at any time by the harbormaster, with or without notice to the vessel owner or operator, and the owner or operator shall be charged the applicable fee for the harbormaster services.

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

(g) It shall be unlawful for any person who authorizes or permits himself or herself to be listed in a vessel mooring agreement as an owner or operator of a vessel to fail to respond or to deny association with the vessel when called upon by the harbormaster to move, pump, or otherwise attend the vessel.

(h) The harbormaster may require any vessel moored to or otherwise utilizing harbor and/or port facilities, whether or not the subject of a vessel mooring agreement, to be moved as necessary to effect repairs or additions to or the replacement of floats, docks, buoys, and similar facilities. [Ord. 1161 §1, 2003; Ord. 926 §1, 1991; Ord. 889 §1, 1990; Ord. 885 §§1, 2, 1990; Ord. 653, 1982]

18.28.030 Exclusive moorage

(a) Float space designated for exclusive moorage shall be assigned by the harbormaster for the exclusive use of one vessel per stall or space. With approval from the harbormaster, a different recreational vessel that is owned by the same person may be designated to use the exclusive stall or space on a limited basis.

(b) Exclusive moorage rights may not be assigned or subleased. When the party holding exclusive moorage rights is a corporation or partnership, the sale or other conveyance of a controlling interest in that corporation or partnership shall automatically result in a termination of the exclusive moorage rights.

(c) The owner or operator of a vessel utilizing exclusive moorage space shall notify the harbormaster each time the space will be unoccupied. During such periods when the assigned vessel will not be utilizing exclusive moorage space, the harbormaster may assign such space for transient moorage. Upon not less than two hours’ notice by the vessel entitled to exclusive moorage, the harbormaster shall cause the removal of any transient vessel utilizing the exclusive moorage space. Upon termination of exclusive moorage, written notice of the effective date shall be given on a form provided by the city to the harbormaster. Sale of a vessel assigned exclusive moorage terminates the exclusive moorage agreement unless the stall or space renter replaces the sold vessel with another vessel or demonstrates to the satisfaction of the harbormaster that it is the intent to replace the sold vessel within a reasonable period of time, such period not to exceed six months. A vessel owner who replaces their sold vessel with one that does not fit in their current exclusive moorage may be given priority for an exclusive stall by the harbormaster for a stall of the appropriate size. If a vessel owner with exclusive moorage loses the vessel by fire, sinking, or natural disaster, the owner may retain such exclusive moorage for a period of one year, without charge, beginning on the next anniversary date of the vessel mooring agreement. Such stalls shall be assigned for use at the discretion of the harbormaster during the period of hardship.

(d) The owner or operator of a vessel occupying a moorage space assigned by the harbormaster for the exclusive use of another vessel shall provide the harbormaster with a Kodiak address and telephone number where notices relating to the vessel can be received. Immediately upon receipt of

notice of termination of the transient occupancy, delivered orally or in writing to the person designated to receive notices with respect to the vessel, the owner or operator of the vessel shall cause the removal of the vessel from the assigned moorage space. If the vessel owner or operator fails to move the vessel immediately after receipt of notice, or if the harbormaster is unable to deliver notice within a reasonable time, the harbormaster may move the vessel from the moorage space, and the owner shall be charged the fee established for that service.

(e) In the event of the death of a vessel owner who is entitled to exclusive moorage rights, those rights may be retained by the heir or beneficiary to whom the vessel passes under the decedent’s will or the laws of intestate succession so long as any delinquent moorage fees or billings for harbor services rendered to the vessel in question are paid in full within 90 days of the decedent’s death. [Ord. 1441 §3, 2023; Ord. 879 §2, 1990; Ord. 653, 1982]

18.28.040 Open mooring

(a) Float areas not otherwise occupied or posted for assigned or restricted use shall be available for open mooring. Open mooring area shall be available to all members of the public for transient or temporary mooring of vessels. No vessel or vessel owner will have any exclusive rights to open mooring space and, upon departure, shall have no right to return to such space if it is occupied by another vessel during the period of absence.

(b) A vessel mooring alongside another vessel shall moor adjacent to a vessel of similar size.

(c) The owner or operator of a vessel or other crew member having the necessary capability and qualifications shall move the vessel upon request by the harbormaster to provide access to open mooring, to permit movement of any vessel moored in tandem, to permit better utilization of open mooring space, or for any similar purpose. The harbormaster may move a vessel for an enumerated or similar reason, with or without notice to the owner or operator. [Ord. 653, 1982]

18.28.050 Ferry dock moorage

(a) Vessels may be moored at the ferry dock during times when the amber light is not flashing, if they are tended at all times by a crew member and the vessel is capable of being moved immediately on notice. Moorage of any vessel is prohibited when the amber light is flashing.

(b) Commercial carriers shall pay applicable tariff rates, as established by the city council, for the use of the ferry terminal for loading or unloading freight. [Ord. 653, 1982]

18.28.060 Multiple boat moorage

(a) Not more than one vessel may be moored in a stall at any one time except with the prior consent of the harbormaster. The harbormaster may permit multiple occupancy of a single stall or float area if the harbormaster determines that multiple occupancy would be safe and would facilitate maximum use of harbor facilities.

(b) If a person utilizing moorage facilities owns or operates more than one boat which may from time to time be moored to the float, the moorage charge shall be based on the applicable rate as set by the Kodiak city council. [Ord. 1441 §4, 2023; Ord. 879 §3, 1990; Ord. 653, 1982]

18.28.065 Auxiliary vessels

Only one auxiliary vessel is permitted to each primary vessel at no charge from March 1 to November 15 when in the company of the primary vessel, except that auxiliary vessels may be left in the primary vessel’s exclusive slip unaccompanied for 24 hours at no charge. An auxiliary vessel may not exceed one-half the overall length of the primary vessel and not exceed a maximum length of 25 feet. Auxiliary vessels may not have an enclosed cabin and must be consistent with and designed to support the type of fishery or operation engaged in by the primary vessel. [Ord. 1205, 2006; Ord. 1188, 2005; Ord. 1168a §1, 2004; Ord. 879 §4, 1990]

18.28.070 Loading docks and floats

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

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

(c) Vessels moored at loading docks for a period of time exceeding any initial free period the council may establish shall pay an additional daily fee as set by the Kodiak city council. [Ord. 1064 §2, 1998; Ord. 879 §5, 1990; Ord. 653, 1982]

18.28.080 Gridirons

The gridirons in St. Paul harbor will be available at all times to boat owners for the purpose of repairing and painting boat bottoms and other customary gridiron use on a first-come first-served basis in accordance with a list maintained by the harbormaster. No person may affix a vessel to the gridirons or their appurtenances without first obtaining permission from the harbormaster. [Ord. 653, 1983]

18.28.100 Mooring buoys

Mooring buoys are maintained by the city at locations in the harbor outside of the breakwater. The mooring buoys may be utilized by vessels that are too large to be safely maneuvered within the small boat harbor areas and by other vessels when float moorage is not available. [Ord. 653, 1982]

18.28.110 Dry storage area—short-term

(a) The storage of crab pots, boat parts, engine parts, and other miscellaneous items is permitted on portions of the St. Paul harbor breakwater spit and Pier II as designated by the harbormaster. Persons desiring to utilize this unsecured storage area shall first register with the harbormaster and provide the requested information regarding the description and quantity of items to be stored, as well as the anticipated period for storage.

(b) Each item placed in the dry storage area shall be marked with a tag containing the name and number of the vessel to which the gear belongs, the name and address of the registered owner, and the name of the operator of the vessel. All crab pots placed in storage for a single registered owner shall be laced together with a durable line so each group of crab pots stored will be readily identified. A single tag may be utilized for each group of crab pots if the tag specifies the number of crab pots included in the group. The harbormaster may establish barriers to segregate stored items.

(c) A charge shall be made for storage of items for a period longer than any initial free period the council may establish. If payment of storage fees is more than 60 days past due, items may be impounded by the harbormaster. Property so impounded may be sold at the expiration of three months from the date of impoundment unless the registered owner or the owner’s agent pays accrued storage and impoundment fees and removes the property from the harbor facilities. Notice of sale of an impounded item shall be sent to the registered owner of the vessel not less than 30 days prior to the date scheduled for the sale. The notice shall identify the vessel to which the property belongs and shall state the date of impoundment, the date, time, and place of the proposed sale, and the accrued storage and impoundment fees to the date of the notice. In the event the owner’s address is unknown, notice will be posted in at least three public places in the city and may be published in a newspaper of general circulation in the city at least 30 days before the date of the sale. [Ord. 1441 §5, 2023; Ord. 1064 §3, 1998; Ord. 879 §6, 1990; Ord. 653, 1982]

18.28.120 Gravel ramps

Gravel ramps adjacent to concrete ramp facilities will be available for loading or unloading and other customary uses. Commercial carriers involved in the loading or off-loading of materials must register in advance with the harbormaster’s office prior to utilizing the gravel ramps located in Near Island Channel or the ramps adjacent to the concrete launch ramp facilities. [Ord. 879 §7, 1990; Ord. 653, 1982]

18.28.130 Charges for facilities and services

(a) Charges required by the city of Kodiak to be paid in advance shall be paid at the harbormaster’s office prior to utilization of any facility or equipment, or receipt of any service.

(b) Annual charges for moorage shall be due and payable as follows: annual exclusive moorage charges may be paid in two equal installments. The first installment shall be due on or before August 1 of each year and, if not paid on or before August 1, shall accrue interest at 18 percent per year from that date until paid. The second installment shall be due and payable on or before January 1 of each year and, if not paid on or before January 1, shall accrue interest at 18 percent per year from that date until paid. If the first installment is not paid on or before October 1 or the second installment is not paid on or before April 1, the exclusive moorage agreement may be terminated, and the harbormaster may assign the exclusive moorage to another vessel. The minimum term for exclusive moorage slip rental shall be 12 months. Installment payments may be accepted at the harbormaster’s discretion.

(c) Upon registration for exclusive moorage, the owner or operator of a vessel shall annually deposit a sum equal to 25 percent of the annual exclusive moorage fee as security for payment of fees that will accrue if the vessel owner or operator fails to register for the next season and does not advise the harbormaster of termination of the exclusive moorage agreement and availability of the space for reassignment. The security deposit shall be refunded upon notice of termination, received on or before July 1, if there are no accrued or delinquent charges for services rendered to the vessel by the city.

(d) The fees and charges for other facilities, equipment, and services provided or made available within the Kodiak boat harbor that are not required to be paid in advance shall be paid within 30 days after billing. Billings that are not paid within 30 days shall accrue interest at the rate of 18 percent per year from the due date. A vessel owner who fails to pay for 90 days may be required to pay full annual moorage payment in advance as a condition of continued access to the harbor. Repeated failure to pay for facilities, services, or equipment may result in denial of use of harbor facilities.

(e) The owner of a vessel is liable for fees and charges for moorage, equipment, and services provided by the city pursuant to this chapter, notwithstanding the fact that the moorage, equipment, or services were provided at the request of an operator or other agent. In addition to any suits for collection against the vessel owner or other available remedies, the city may assert a lien under admiralty law for fees or charges for moorage, equipment, or services provided or rendered to the vessel that are not paid when due and may initiate appropriate proceedings for the seizure of the vessel and foreclosure of the lien.

(f) The fees and charges for the use of facilities or services associated with the Kodiak boat harbors, piers, and docks shall be established by resolution of the city council. [Ord. 1441 §6, 2023; Ord. 1168a §2, 2004; Ord. 1041 §11, 1997; Ord. 938 §1, 1992; Ord. 885 §3, 1990; Ord. 879 §8, 1990; Ord. 653, 1982]

18.28.140 Denial of facilities, equipment, or services

(a) When moorage facilities are crowded, the harbormaster may refuse mooring facilities to houseboats, floats, scows, rafts, pile drivers, and other cumbersome floating structures.

(b) The harbormaster may refuse moorage to any vessel which is or may become or create a fire hazard or otherwise become a menace to the safety or welfare of other boats or their occupants.

(c) As a condition to permitting a vessel access to mooring facilities, the harbormaster may require satisfactory evidence of seaworthiness of the vessel or evidence of adequate insurance coverage.

(d) The harbormaster may refuse moorage facilities or other services or equipment to any person or vessel in violation of the provisions of this chapter or delinquent in the payment of any authorized fee or charge.

(e) An owner or operator of a vessel may not fail or refuse to remove the vessel from the small boat harbors and any harbor facilities in the Kodiak harbor and may not cause or permit the vessel to be moored, tied, affixed, or located adjacent to any harbor facilities in the Kodiak harbor after the harbormaster has notified the owner or operator of the vessel that moorage or mooring facilities are refused, terminated, or withdrawn.

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

(2) Notice of refusal, withdrawal, or termination of moorage facilities to a registered vessel may be given by the harbormaster verbally or in writing. Verbal notice relating to services and equipment shall be effective immediately. Verbal or written notice personally delivered to the owner or operator relating to the refusal, withdrawal, or termination of mooring facilities shall be effective 24 hours after the time of delivery unless a later effective date is specified in writing.

(3) Written notice of refusal, withdrawal, or termination of mooring facilities for a registered vessel may be mailed to the address designated on the registration information or may be posted in a conspicuous place on the vessel. A written notice that is posted or mailed shall be effective at 4:30 p.m. on the fifth day following posting or mailing of such notice. [Ord. 653, 1982]

18.28.150 Harbormaster

(a) The harbormaster, under the direction of the city manager, shall supervise and manage all harbor facilities operated by the city. The harbormaster shall be hired, paid, removed, and succeeded in office as other department heads of the city.

(b) The harbormaster shall enforce the provisions of this chapter and shall be vested with all powers of a peace officer of the city necessary to such enforcement duties.

(c) The harbormaster shall classify areas within the harbor for various uses, shall mark mooring spaces to be assigned, and shall post such signs, numbers, markings, or other informational devices as will notify and inform interested parties of authorized and prohibited uses of the Kodiak harbor facilities. The harbormaster may post informational signs specifying areas where designated conduct is prohibited, but posting of signs shall not be necessary to the enforcement of any provision of this chapter, unless otherwise required in this chapter.

(d) The harbormaster shall allocate and assign all mooring spaces. [Ord. 653, 1982]

18.28.160 Authority to board vessels

The utilization of any city-owned or city-operated mooring facility or waterway within the city limits shall be deemed as a grant of authority to the harbormaster and other appropriate municipal officials to board the vessel for the purpose of enforcing municipal ordinances and to move the vessel if it is moored in violation of a provision of this chapter or if required by an emergency or other conditions as set forth in this chapter. [Ord. 653, 1982]

18.28.170 Safekeeping of vessels

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

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

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

(d) A fee, based upon a schedule of rates and charges adopted by the council, shall be charged to the vessel owner or operator for each service the harbormaster performs or causes to be performed for the protection of a vessel or adjacent property. [Ord. 653, 1982]

18.28.180 Disclaimer of liability

The authority granted to the harbormaster shall not create an obligation or duty requiring the harbormaster to take any action to protect or preserve any vessel or property located within the Kodiak harbor or utilizing harbor facilities. The city assumes no liability for loss or damage to vessels, equipment, appurtenances, tackle, provisions, mooring lines, gear, supplies, or any other article attached or relating to a vessel, whether maintained or affixed to a vessel or separately stored at boat harbor facilities. [Ord. 653, 1982]

18.28.190 Operation of vessels

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

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

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

(e) No person may operate a vessel at a speed in excess of that posted by the harbormaster, nor may a person operate a vessel within any waterway at a speed which produces a wake, wash, or wave action which may or could reasonably be expected to damage any other boat or harbor facility or create discomfort to an occupant by causing such other boat to yaw, pitch, shear, or heave because of such wake, wash, or wave. There is a five mile per hour speed limit zone in the channel and a three mile per hour speed limit zone in the small boat harbors.

(f) While affixed to any float or piling, no vessel shall load test or utilize propulsion to such a degree as to create a wake. Brief use of propulsion as necessary to facilitate springing off the dock is not prohibited.

(g) No person may anchor a vessel in any open area within the confines of the small boat harbors without first obtaining permission from the harbormaster.

(h) Vessels are prohibited from anchoring within the inner anchorage area (a line starting from the end of the Kodiak boat harbor west light to a point at position 57º46'56" N, 152º25'09" W, thence to the North Pacific Fuel pier at position 57º46'05" N, 152º25'18" W) due to possible fouling and damage to waste water discharges from the canneries in that vicinity (St. Paul harbor anchor zone).

(i) A vessel underway, upon being hailed by the harbormaster vessel or patrol boat, is required to stop immediately and lay to, or maneuver in such a way as to permit the harbormaster to board or deliver a verbal message. [Ord. 1441 §7, 2023; Ord. 653, 1982]

18.28.200 Blinding lights

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

(b) No person may operate a searchlight or other blinding light on a vessel not underway in the Kodiak harbor, except in an emergency.

(c) No person may operate a searchlight or other high intensity light on a vessel in such a manner that the safety and privacy of other persons in the immediate harbor area is disturbed. [Ord. 653, 1982]

18.28.210 Vessel restrictions

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

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

(c) No person may operate a vessel with an outboard or inboard motor that is not equipped with an adequate exhaust muffler. [Ord. 652, 1982]

18.28.220 Securing of auxiliary vessels

No person may tie or attach a skiff, scow, raft, or any other auxiliary craft alongside, astern, or ahead of a vessel moored within the small boat harbors if such auxiliary craft will obstruct or interfere with the normal movement of any vessel or be likely to cause rubbing or chafing damage to any other vessel. [Ord. 653, 1982]

18.28.230 Occupancy of vessels

(a) Any person wishing to reside aboard a vessel must first register with the harbormaster and provide a sewage control plan. The harbormaster will limit the number of vessels being occupied in the harbor to not more than 10 percent of available slips. No person may rent or lease such a vessel for the purpose of living aboard nor may any person occupy a vessel for hire overnight.

(b) A vessel which is not in regular use for the purposes for which it is normally operated and which has remained moored to boat harbor facilities continuously for a period of 120 days or more may not be occupied. [Ord. 1441 §8, 2023; Ord. 653, 1982]

18.28.240 Disposal of waste, litter, and garbage

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

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

(c) All garbage, trash, refuse, and waste to be disposed of within the small boat harbors shall be deposited in garbage containers located near the loading dock, except as otherwise provided in this chapter.

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

(e) No person may pump any bilge containing oil or gasoline residue within the Kodiak harbor.

(f) No person may discharge sewage or human waste from toilets, holding tanks, buckets or any other receptacle or means within the Kodiak harbor or waterways, except at a designated sewage pump-out station or by legally off-loading waste to a licensed private sewage handling contractor. [Ord. 1441 §9, 2023; Ord. 653, 1982]

18.28.250 Storage on floats or docks

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

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

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

(d) The harbormaster shall give written notice of the impoundment to the owner of the property if the owner is known, and shall maintain a list in the harbormaster’s office of all property impounded and the date of impoundment. Property that is not claimed within 60 days shall be forfeited to the city and may be sold pursuant to procedures regulating the disposition of other city property. [Ord. 653, 1982]

18.28.260 Tampering with the facilities

(a) No person may tap, connect, disconnect, or interfere with any water outlet, water pipe, water connection, telephone equipment, electrical outlet, or electrical device maintained or operated by the city in the Kodiak harbors without first obtaining the permission of the harbormaster.

(b) No person may remove, alter, damage, or interfere with any wharf, float, gangplank, ramp, or any other boat harbor facility operated by the city. [Ord. 653, 1982]

18.28.270 Float bumpers

The owner or operator of a vessel assigned reserved moorage space may install standardized premolded rubber or vinyl bumpers of commercial manufacture or as approved by the harbormaster. [Ord. 1441 §10, 2023; Ord. 653, 1982]

18.28.280 Use of loading ramp and docks

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

(b) Vessels under 120 feet in length may load and unload commercial cargo at inner harbor docks, as long as the cargo does not exceed 100 tons per port call. Dockage and wharfage fees will apply to each call and will be established by resolution.

(c) Vessels using the city’s loading (gravel) ramps will be charged a ramp user fee, plus wharfage as established by resolution. Vessels shall not use the launch ramps for the purpose of loading or unloading commercial cargo.

(d) Use of propulsion to maintain position over launch ramps is prohibited.

(e) Power loading is prohibited. Watercraft must be loaded and unloaded from the watercraft trailer, carriage, or other device used to transport said watercraft without the use of the watercraft’s main, auxiliary, or trolling power devices or any other motor. A rope, strap, or similar device is to be used. [Ord. 1441 §11, 2023; Ord. 1193, 2005; Ord. 653, 1982]

18.28.290 Accident reports

The operator of any vessel involved in an accident within the Kodiak harbors resulting in the death or injury of any person or damage to property in excess of $100.00 shall immediately give oral notice of the accident to the harbormaster or, if the harbormaster is unavailable to receive the notice, to the Kodiak police department. In addition, the operator shall, within 24 hours after the accident, file a written report with the harbormaster containing the name of the vessel, the name of the vessel master, a full description of the accident, a description of the resulting injuries or damage, a description of possible causes or contributing factors, and such other information as the harbormaster may require. [Ord. 653, 1982]

18.28.300 Fire hazards prohibited

(a) No person may leave a fire or flame unattended aboard a vessel within the Kodiak harbor. A fire or flame is unattended unless the owner, operator, or other person over the age of 18 years who has demonstrated capability for moving the vessel is aboard or within 100 yards of the vessel.

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

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

(d) No person may use a torch or other flame-producing device on or about the ferry dock terminal.

(e) No person may smoke on the ferry dock or on any other boat harbor facility designated by appropriate signs as a no smoking area. [Ord. 653, 1982]

18.28.310 Responsibility for animals

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

(b) The owner or person in charge of any animal shall be responsible for removing and disposing of any feces deposited by the animal on any small boat harbor facility.

(c) The owner or person in charge of any animal shall keep the animal from any loud barking and howling. The animal will be securely leashed and all feces deposited on deck shall be removed in a manner so as to not prevent or hinder persons from crossing a vessel’s deck to board their own vessel, or otherwise disturb the peace and good order of the harbor. [Ord. 653, 1982]

18.28.320 Responsibility for children

No parent or other adult person responsible for the care or custody of any child under the age of 12 years may permit that child to be on or near any dock or float within the city harbor, unless accompanied by an adult. [Ord. 653, 1982]

18.28.330 Wheeled vehicles prohibited

No person may drive any bicycle or any motorized wheeled or tracked equipment upon any float facility without first obtaining the consent of the harbormaster. [Ord. 653, 1982]

18.28.340 Regulation of signs

(a) No person may write or post any written or printed matter in any place within the Kodiak harbor except upon bulletin boards constructed for that purpose and only after obtaining permission by the harbormaster.

(b) Signs identifying businesses or products may be erected within the Kodiak harbor upon approval of the council. [Ord. 653, 1982]

18.28.350 Fishing prohibited

No person may fish from any dock, float, ramp, or any mooring facility operated by the city, nor may any person fish within a waterway in a manner which may interfere with movement of other vessels. [Ord. 653, 1982]

18.28.355 Regulation of diving and water contact sports

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

(b) It shall be lawful for a person to engage in the activity of diving within the small boat harbors of any other waters of Kodiak harbor if the purposes for which the dive is being conducted are related (1) to the inspection, maintenance, or repair of any vessel moored within the small boat harbor, or of any equipment attached thereto, (2) to the inspection, maintenance, repair, construction, or improvement of port and harbor facilities, or (3) to a search or other activities carried out by or at the direction of law enforcement or emergency personnel. All divers shall prominently display a diver’s-down flag in the area in which the diving occurs with a minimum size of 12 inches by 12 inches. No diver shall be submerged below the surface of the water without providing an observer at the surface. All divers shall observe all appropriate diving safety precautions. [Ord. 885 §7, 1990]

18.28.360 Commercial repair of vessels

The harbormaster may require evidence of insurance or the execution of a hold harmless agreement as a condition to permitting commercial repair in the boat harbor, if the harbormaster determines that the repairs to be performed may create a risk of damage or destruction to other vessels or property, or injury to persons in the boat harbor. Repair work shall be conducted at reasonable hours, as determined by the harbormaster, and in a manner that minimizes disruption to other users of harbor facilities. [Ord. 1441 §12, 2023; Ord. 653, 1982]

18.28.370 Unlawful acts—remedies

(a) It shall be unlawful for any person using the Kodiak harbor or the harbor and/or port facilities to:

(1) Create or maintain any nuisance on or within Kodiak harbor or the harbor and/or port facilities, or to conduct or carry on any unlawful acts, business, or occupation therein;

(2) Disregard, deface, remove, tamper with, or damage any sign or notice relating to the use of the boat harbor facilities posted by the harbormaster, the city engineer, or any other city employee or official;

(3) Obstruct or interfere with the harbormaster in the performance of his duties; or refuse to comply with any lawful order of the harbormaster;

(4) Feed or attempt to feed sea lions; or

(5) Violate any provision of this chapter.

(b) Any person violating any provisions or failing to comply with any of the mandatory requirements of this chapter may be denied the use of the harbor facilities, equipment, or services. [Ord. 885 §§4, 5, 1990; Ord. 879 §9, 1990; Ord. 753 §9, 1985; Ord. 653, 1982]

18.28.380 State of Alaska lease policy

Repealed by Ord. 1431. [Ord. 653, 1982]

18.28.390 Impoundment, sale, or disposal of vessels

(a) The harbormaster may impound a vessel in the city harbor that the harbormaster determines to be derelict, which includes vessels in violation of a provision of this chapter or delinquent in the payment of moorage or other charges for services rendered to the vessel by the city. The harbormaster may impound a vessel by immobilizing the vessel or by hauling the vessel out of the water and storing it, with all expenses and risks of haul-out and storage to be borne by the owner of the vessel.

(b) Except in the circumstances described in subsection (c) of this section, the harbormaster shall not haul out and impound a vessel without first providing notice and an opportunity for a hearing on the impoundment under this subsection.

(1) At least 30 days before impounding the vessel, the harbormaster shall (i) post notice of the impoundment on the vessel, in the harbormaster’s office, at the city offices, and on the bulletin board at the entrance of the nearest United States Post Office; and (ii) mail the notice by certified mail, return receipt requested, to the last-known address of the registered owner and to all lienholders

shown on the records of the United States Coast Guard.

(2) The notice of proposed impoundment shall contain (i) the name and number of the vessel; (ii) the name and address, if known, of the registered owner, lienholder, operator, master, or agent of the vessel; (iii) the location of the vessel; (iv) the reasons for impoundment and, if the vessel was impounded pursuant to subsection (c) of this section, the date of impoundment; (v) a statement that unless a hearing is requested, the harbormaster will impound the vessel under this section within 30 days of the date of the notice; (vi) a statement that the right to a hearing will be waived if not timely requested and the harbormaster may proceed with impoundment and disposition of the vessel by sale, destruction, or other disposition authorized by law; (vii) a statement that if the vessel is impounded and not redeemed within 30 days of impoundment, title to the vessel and its contents shall vest in the city and the vessel and its contents will be sold or otherwise disposed of as provided in this title; and (viii) the name, address, and telephone number of the harbormaster or other city representative to be contacted concerning the impoundment.

(3) Except as provided in subsection (c) of this section, a person claiming an interest in the vessel may obtain a pre-impoundment hearing on the impoundment of the vessel by requesting the hearing in writing at the office of the harbormaster not more than 30 days after the date of the notice of impoundment.

(c) If the harbormaster determines that a vessel constitutes a clear and present danger to the public health, safety or general welfare, the risks posed by that vessel may be summarily abated via impoundment without notice prior to impoundment. Promptly after impounding a vessel under this subsection, the harbormaster shall give notice of the impoundment in accordance with subsection (b)(1) of this section. A person claiming an interest in the vessel may obtain a post-impoundment hearing by requesting the hearing in writing at the office of the harbormaster not more than 30 days after the date of the notice of impoundment.

(d) Upon written request by the owner, master, or agent of the vessel, a hearings officer as designated by the city manager shall conduct a hearing on the impoundment of the vessel within 48 business hours of the request for post-impoundment hearings and within seven days of the request for pre-impoundment hearings. The sole issue before the hearings officer shall be whether there is or was probable cause to impound the vessel. “Probable cause to impound” shall mean a state of facts that would lead a person of ordinary care and prudence to believe that one or more of the grounds stated in subsection (a) of this section for impounding the vessel has occurred and is continuing. The hearings officer shall conduct the hearing in an informal manner and shall not be bound by the technical rules of evidence. Any person claiming an interest in the vessel may appear, present evidence, and cross-examine witnesses. The hearing shall be recorded. Within seven days of the conclusion of the hearing, the hearings officer shall prepare a written decision whether to impound the vessel, or, in the case of a post-impoundment hearing, whether to release the vessel from impoundment, stating the reasons for the decision. The hearings officer shall provide a copy of the decision to each person who appeared at the hearing and claimed an interest in the vessel. The hearings officer’s decision has no effect on any criminal proceeding for the violation of this chapter, which will be resolved by the court regardless of the impoundment decision.

(e) Any person aggrieved by the harbormaster’s decision under subsection (d) of this section to impound a vessel or not to release a vessel from impoundment may appeal the decision to the superior court within 30 days after the date the decision was mailed or delivered to the parties. Unless the court orders otherwise, the harbormaster may impound a vessel under this section immediately after issuing a decision approving the impoundment, but may not sell or otherwise dispose of the vessel until either the court affirms the decision or the time for appeal expires without an appeal having been filed.

(f) An impounded vessel and its registered owner, master, or agent shall be jointly and severally liable for the costs of hauling out, storing, securing, and selling or otherwise disposing of the vessel, as well as the costs of abating any fire, safety, or pollutant hazard that is caused by the vessel.

(g) Any vessel impounded shall be held by the city for a period of not less than 30 days. After impounding a vessel, the harbormaster shall determine whether to sell or to otherwise dispose of the vessel. The harbormaster shall sell the vessel unless the harbormaster determines that the market value of the vessel does not exceed the amount owed from the vessel to the city plus the costs of the sale, or that the vessel is a derelict, and unlikely to be returned to a safe and seaworthy condition. If the amount owed from the vessel plus the costs of sale do not exceed $10,000 the harbormaster may estimate the market value of the vessel to make this determination. Otherwise, the harbormaster shall make the determination after obtaining an independent appraisal of the market value of the vessel from a qualified appraiser. If the vessel need not be sold, the harbormaster may destroy or otherwise dispose of the vessel. The owner of the vessel shall be liable for the costs of destroying or otherwise disposing of the vessel.

(h) The harbormaster shall give notice of the city’s intent to sell or dispose of an impounded vessel in the manner provided in subsection (b) of this section at least 30 days before the date of sale or disposal. The notice shall state the name and number of the vessel, the name and address, if known, of the registered owner, master, or agent of the vessel, the lienholder, if known, the location of the vessel, that the harbormaster has impounded the vessel under this section, that the harbormaster intends to sell or dispose of the vessel on a day and at a place and time certain, as the case may be, and the requirements for a person claiming an interest in the vessel to reclaim the vessel. If the vessel is to be sold, the notice shall describe the vessel to be sold, state any required terms of the sale and any required minimum sale price, and the date, time, and place where bids will be received. This notice shall also be published in a newspaper of general circulation in the city once at least 30 days prior to the date of the sale or disposal of the vessel.

(i) At any time prior to the sale or disposal of the vessel, a person claiming an interest in an impounded vessel may reclaim possession by paying to the city all charges against the vessel to the date possession is reclaimed; provided, that if the harbormaster determines that an impounded vessel is a derelict and unlikely to be returned to a safe and seaworthy condition, the harbormaster may refuse further moorage of the vessel, and condition the return of possession of the vessel on the claimant making satisfactory arrangements to remove the vessel from the harbor, and providing the city with security acceptable to the harbormaster for the vessel’s proper and timely removal.

(j) The city may offer an impounded vessel for sale at public auction or by sealed competitive bid. Continued moorage of the vessel in the city harbor shall be at the discretion of the harbormaster. If the city intends to refuse further moorage of the vessel, the notice of sale shall so state, and the sale shall be conditioned upon the purchaser making satisfactory arrangements to remove the vessel from the harbor, and providing the city with security acceptable to the harbormaster for the vessel’s proper and timely removal. The sale by the city of an impounded vessel shall be without warranty as to title or otherwise. If the city receives no acceptable bids for the vessel, the harbormaster may destroy or otherwise dispose of the vessel.

(k) The proceeds of the sale of an impounded vessel shall be applied first to any fees or charges owed to the city on account of the vessel, including reimbursement for all costs of impoundment and sale. Any part of the proceeds remaining thereafter shall be distributed pursuant to AS 30.30.140. [Ord. 1336 §2, 2015; Ord. 1161 §2, 2003; Ord. 653, 1982]

18.28.400 Disposition of scheduled offenses

Repealed by Ord. 1431. [Ord. 1081 §18, 1998; Ord. 886, 1990]

18.28.410 Failure to obey citation

Repealed by Ord. 1431. [Ord. 1081 §19, 1998; Ord. 886, 1990]

18.28.420 Port and harbor offenses—fine schedule

Repealed by Ord. 1431. [Ord. 1081 §20, 1998; Ord. 1041 §12, 1997; Ord. 926 §§2, 3, 1991; Ord. 889 §2, 1990; Ord. 886, 1990]

18.28.430 Billing and payment—confidentiality of records

(a) Port and harbor accounts shall be maintained in the name of the vessel owner. Unless otherwise specified in the port tariff, accounts shall be paid on or before the fifteenth day of the month during which the charges are billed. Accounts not paid by the close of business on the fifteenth day are delinquent.

(b) Except in connection with official investigations or proceedings of the city, whether judicial or administrative, involving delinquent accounts, or as otherwise authorized by subsection (c) of this section, no officer, employee, or agent of the city may divulge any information disclosed in customer account records kept under this chapter. The prohibition of this section shall not prohibit the preparation and use of statistical summaries of customer data that do not disclose customer identities.

(c) Notwithstanding the foregoing subsection (b) of this section, the following information, but not personal information, shall be made available to the public upon request: whether or not an individual or business is a customer; whether or not a customer is current in paying for port or harbor charges, the amount delinquent, and how long an account has been delinquent. The city manager or his or her designee may from time to time publish the names of customers on the delinquent list and the amount of the delinquency; provided, that the name of a customer who has signed a confession of judgment for delinquent charges, penalties, and interest, and a stipulation to postpone execution against such judgment, and who is current in the payments to be made and all other obligations arising as a result of such stipulation as of the date on which the names are submitted to the publisher, will not be published. [Ord. 1384 §5, 2019]