Petersburg Harbor General Information

14.20.010 Policy and intent--City liability denied.

It is declared that the city of Petersburg Small Boat Harbor shall be governed and shall adhere to the written Statement of Policy Relating to Operation and Management of State Owned Harbor Facilities issued by the State of Alaska Department of Transportation and Public Facilities. It is the further intent of this chapter to further the use of facilities of the small boat harbor by commercial fishermen, government vessels, commercial vessels in trade and commerce, pleasure craft and the general public. It is the further intent of this chapter to prevent and discourage the use of the facilities of the boat harbor by vessels which have nominal use and dependence upon harbor facilities, or which have been abandoned by their owners to the point of becoming derelict vessels, as defined in Section 14.20.030. The policy of this title is to maximize the safe and efficient use of the harbor facilities. Payment of a user fee entitles an individual to facility use on a priority basis. Nothing shall limit the ability of the harbormaster to assign the vessels to any unused berth (“hot-berth”) for the purposes of efficiently allocating harbor space or in the interest of safety. It is the policy of the city that any persons visiting or using the harbor facility will do so at their own risk. The city does not assume responsibility for loss or damage to property, or injury to persons within or upon the harbor facility. (Ord. 450 § 3 (part), 1981: Ord. 388 § 5 (part), 1978: prior code § 15.10.020)

14.20.030 Definitions.

Whenever the following words or terms are used in this chapter, they shall have the meaning ascribed to them in this section, unless the context makes such meaning repugnant thereto:

  1. Constituting a nuisance” means any vessel which is not kept and regularly pumped free of excess water inside her hull, or is submerged, or creates a fire, health or navigation hazard, or is a derelict.
  2. “Derelict vessel” means:
    1. A vessel that has been left unattended for a continuous period of more than twenty-four hours, if:
      1. The vessel is sunk or in immediate danger of sinking, is obstructing a waterway, or is endangering life or property; or
      2. The vessel has been moored or otherwise left in the small boat harbor, and if:
        1. The vessel’s certification of number or marine document has expired, and the registered owner no longer resides at the address listed in the vessel registration or marine documents records of a state department or the United States Coast Guard, or
        2. The last registered owner of record disclaims ownership and the current owner’s name or address cannot be determined, or
        3. 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
        4. The vessel-registration records of a state department or the marine-document records of the United States Coast Guard contain no record that the vessel ever has been registered or documented, and the owner’s name cannot be determined;
    2. Any vessel determined by the harbormaster to be derelict for failure of the vessel owner, master or agent to register or to pay for moorage or other services as provided in this chapter. C. .
  3. Finger floats” means the numbered floats attached and connected to the master floats. Finger floats shall be identified by numbers. All floats, now or hereafter installed, whether or not connected with master floats, shall be suitably identified
  4. Floats” means all floating or stationary walkways and structures appurtenant thereto to which vessels may be moored, and which are owned or maintained by the city or the state of Alaska.
  5. Harbor Facility” means any float, piling, dock, mooring, buoy, stall, vehicle-parking area, structure or other harbor improvement constructed, maintained, owned or leased by the city.
  6. Harbor jurisdiction” means all navigable waters within the corporate limits of the city of Petersburg, Alaska, which is described as follows: Beginning at Corner No. 1, identical with Corner No. 3, N.C., U.S. Survey No. 1173; thence east a distance of 6,000.00 feet to Corner No. 2; thence north a distance of 920.00 feet to Corner No. 3; thence east a distance of 7,900.00 feet to deep water of Frederick Sound, Corner No. 4; thence north 35 degrees 37 minutes west parallel to the westerly shore of Frederick Sound a distance of 8,800.00 feet to the mouth of Wrangell Narrows, Corner No. 5, thence south 52 degrees 45 minutes west along Wrangell Narrows a distance of 6,300.00 feet to Corner No. 7; thence south 50 degrees 29 minutes 30 seconds west along Wrangell Narrows a distance of 3,496.50 feet to Corner No. 8; thence east a distance of 1,450 feet to Corner No. 1, the point of beginning.
  7. Person” means any natural person, partnership, corporation, association or other organization or enterprise
  8. Small boat grid” means all facilities maintained, leased or owned by the city for use while repairing, bottom-scraping or painting small vessels by allowing said vessels to go dry on low tides, and that are located within any small-boat harbor or elsewhere, including the grid along the bulkhead on the seaward side of the business district in said city, and that grid on the right-hand side of the causeway to the harbor seaplane facility.
  9. Small boat harbor” means all tidelands or submerged land areas in the city where small vessels are anchored, moored or navigated while maneuvering to and from facilities.
  10. Transient vessel” means any vessel not home-ported in Petersburg by designation or transactional utilization.
  11. Vehicles” means all trucks, automobiles, motorcycles and non-motor vehicles of every kind and description, pleasure and commercial.
  12. Vessel owner, master or agent” means an individual, partnership, corporation, association, organization or other enterprise owning, leasing or controlling a vessel, or a person acting on behalf of said individual or enterprise
  13. .“Vessels” means all ships, boats, skiffs and craft

    of every kind and description, pleasure and commercial, other than a seaplane on the water, used or capable of being used as a means of transportation on or through the water. (Ord. 629 § 3 (part), 1989; Ord. 388 § 5 (part), 1978: prior code § 15.10.010)

14.20.040 Transactions to be conducted at office of harbormaster.

All registration of boats, payment of moorage charges and other Harbor Facility business will be conducted at the office of the harbormaster. (Ord. 388 § 5 (part), 1978: prior code § 15.30.010)

14.20.050 Application for mooring.

  1. No person shall be permitted the privilege of renting a stall or mooring space in the small boat harbor unless such person signs an application identifying the vessel and its owner, agreeing to make timely payment of all rental and service charges which may be assessed or levied under this chapter, and assenting to the harbormaster’s authority to move the vessel pursuant to Sections 14.20.170 and 14.20.310.
  2. Said application shall be in such form as is required by the harbormaster and shall state the current mailing address of the vessel’s owner. (Ord. 629 § 3 (part), 1989: Ord. 388 § 5 (part), 1978: prior code § 15.30.020)

14.20.060 Rental and use fees--Use of vacant stalls.

  1. Fees for the privilege of berthing or mooring any vessel and for other services provided at the Harbor Facility shall be levied according to the fees, charges and conditions in Schedule A, annexed to this chapter.
  2. The harbormaster shall have discretionary authority to allow other vessels to occupy an empty stall at any time the assigned vessel is absent from its assigned space, without compensation or refund of prepaid moorage fees. (Ord. 672 § 3, 1991; Ord. 629 § 3 (part), 1989; Ord. 388 § 5 (part), 1978: prior code § 15.30.030)

14.20.070 Payment of rental and use fees.

All moorage and other fees are payable in advance. A ten percent discount shall be given those paying annual moorage rates in advance instead of monthly. Any portion of the month, including from the tenth day of any month to the end of the month, shall be considered as one full month of rent. (Ord. 599 § 3 (H), 1985: Ord. 388 § 5 (part), 1978: prior code § 15.30.040)

14.20.080 Lien for unpaid rentals and fees.

  1. All rentals accruing to the city from the mooring of any vessel and all use fees assessed for services provided at the harbor facility shall constitute a lien against such vessel.
  2. It shall be unlawful for any vessel owner, master or agent who is in default of any charges accruing to the city under the provisions of this chapter to use any mooring facilities prior to the payment of all charges imposed by this chapter. (Ord. 629 § 3 (part), 1989; Ord. 599 § 3 (I), 1985: Ord. 388 § 5 (part), 1978: prior code § 15.30.050)

14.20.085 Interest rate on delinquent accounts.

Amounts owed the city under this chapter shall be considered delinquent if not paid when due. Each bill shall indicate the due date for payment, which shall be the billing date of the following month. Any amount not paid when due shall bear interest at the maximum legal rate allowed by state law from the due date until paid in full. (Ord. 599 § 3 (J), 1985)

14.20.090 Priority in space assignment--Method.

Assignment of spaces in the Petersburg boat harbors shall be allocated on a first-come, first-served basis, with names at the top of the waiting list to first be assigned to recently vacated stalls of the appropriate nature. The department of public works may, by regulation, make separate lists according to either vessel length or character of the vessel. (Ord. 388 § 5 (part), 1978: prior code § 15.30.070(a))

14.20.100 Priority in space assignment--Delinquency in payments forfeits position.

A two-month delinquency with respect to nonpayment of stall rent or other charges shall subject that vessel to forfeiture and relinquishment of its mooring privileges, and the harbormaster is authorized to move such vessel to transient space for further procedures, and reassign the forfeitured moorage space to the next priority. (Ord. 388 § 5 (part), 1978: prior code § 15.30.070(b))

14.20.110 Priority in space assignment--Present renters get lowest.

Effective with the adoption of this chapter,* those persons already assigned a stall shall be given at all times the lowest priority in seeking additional stalls. The harbormaster shall encourage those persons already assigned more than one stall to relinquish their additional stalls, whenever a waiting list exists. (Ord. 388 § 5 (part), 1978: prior code § 5.30.070(c))

* Editor’s Note: Ord. 388 was adopted May 1, 1978.

14.20.120 Sale of vessel terminates moorage--Exception.

Sale of an assigned vessel shall constitute termination of the mooring privilege unless the stall renter replaces the vessel with a similar-size vessel, or demonstrates to the harbormaster that he or she intends to replace the vessel within a reasonable period of time. (Ord. 388 § 5 (part), 1978: prior code § 15.30.070(d))

14.20.125 Live-aboard policy.

  1. A person living aboard his/her own or another person’s vessel for fifteen days within any thirty-day period is considered a live- aboard for purposes of this chapter.
  2. Pets may be kept on a live-aboard vessel at the discretion of the harbormaster.
  3. Vessels being used as live-aboards must meet all sanitary requirements as established by the United States Coast Guard.
  4. Oil, gas, electric or wood heating units must be installed and utilized in conformance with manufacturers’ specifications and approved by the harbormaster as a matter of public safety.
  5. Fees. See subsection (B)(3) of Schedule A, following this chapter. (Ord. 629 § 3 (part), 1989; Ord. 438 § 3 (part), 1980: prior code § 15.30.075)

14.20.130 Conduct in harbor facility--Rules generally.

  1. Vessel moorage within the Harbor Facility shall be for active or operational motor vessels only, unless specifically authorized by the harbormaster.
  2. Vessels, when unattended, must be securely moored with adequate bow, stern and spring lines.
  3. Unattended vessels will not remain moored at any Harbor Facility loading zone.
  4. Vessels moored in the Harbor Facility must, at all times, be completely seaworthy and ready for immediate or emergency departure into local waters, and also may not be chained or locked to any float.
  5. All vessels entering the Harbor Facility must have a valid identifying name or number permanently affixed to the vessel and visible from the outside. Failure to have either shall be cause for refusal of moorage.
  6. All berthing and mooring of vessels in the Small Boat Harbor shall be in strict accordance with signs posted by the harbormaster.
  7. The movement of vessels within the moorage areas shall be for the purposes of mooring and entering or leaving this area only. Speed limits within the Harbor Facility shall be as posted.
  8. All vessels and vehicles will be parked, moored and maneuvered in a safe and orderly manner. (Ord. 388 § 5 (part), 1978: prior code § 15.40.020(a--h))

14.20.140 Condition of vessels.

All vessel owners, masters, agents, crew or guests, when using the Harbor Facility for moorage or otherwise, shall keep their vessel, equipment, gear, gear locker, boathouse, net areas, pier, float or finger float in the vicinity of their vessel neat, clean and in an orderly manner. (Ord. 388 § 5 (part), 1978: prior code § 15.40.020 (d (part), i))

14.20.150 Power of harbormaster to board and inspect vessels and facilities.

The harbormaster reserves the right to inspect any and all vessels and leased areas within the Harbor Facility at any time, for cause. This regulation should not be construed to mean that failure to perform such inspections is the responsibility of the harbormaster or Harbor Facility. Failure by a vessel owner, master, agent or occupant to allow the harbormaster to board his vessel shall be deemed a violation of this chapter. (Ord. 388 § 5 (part), 1978: prior code § 15.40.020 (j))

14.20.160 Power of harbormaster to move vessels.

The harbormaster may move any vessel moored within the Harbor Facility, for reason of protection of life or property, during an emergency condition or for the best utilization of the facility. (Ord. 388 § 5 (part), 1978: prior code § 15.40.020 (k))

14.20.170 Persons to comply with harbormaster’s communications.

Any person present upon, within, or using the Harbor Facility or the facility equipment shall comply with all verbal and written communications of the harbormaster. These communications include administrative and operational policies and procedures, as issued. (Ord. 388 § 5 (part), 1978: prior code § 15.40.020 (l))

14.20.180 Persons to obey lawful regulations and meet accepted safety standards.

Those persons and vessels utilizing the Harbor Facility shall obey all Harbor Facility, municipal, state and federal laws and regulations, as well as those generally accepted safety standards and requirements. Violators are subject to the enforcement provisions of Section 14.20.370 as well as prosecution under the aforementioned laws. (Ord. 388 § 5 (part), 1978: prior code § 15.40.020 (m))

14.20.190 Harbormaster may pump vessels and maintain lines.

The harbormaster is hereby granted the power and authority to, from time to time, but without any obligation or duty to do so, and without any obligation or liability on his part or that of the department of public works for his failure to do so, replace defective mooring lines, secure any vessel with additional mooring line, and pump vessels which are in a dangerous condition. (Ord. 388 § 5 (part), 1978: prior code § 15.40.030 (part))

14.20.200 Fees for pumping or line maintenance by harbormaster.

Whenever the harbormaster shall perform any of the acts authorized in Section 14.20.190, after having given notice to the vessel owner, master or agent at the registered address of the immediate need thereof, or having attempted to give such notice, the vessel owner, master or agent is required to pay to the department of public works the following fees:

  1. For replacing or securing with additional mooring lines, fifteen dollars, plus the cost of material used;
  2. For pumping, thirty-five dollars per hour (with a one-hour minimum fee), plus expenses incurred. (Ord. 629 § 3 (part), 1989; Ord. 388 § 5 (part), 1978: prior code § 15.40.030 (part))

14.20.210 Use of grids.

No vessel larger than forty- five feet registered length shall use any small-boat grid located within the Small Boat Harbor, except that longer vessels may use the grid located along the airplane float. No owner, master or agent may leave or cause to be left any vessel in any small-boat grid without a person capable of caring for said vessel being in attendance at all times. (Ord. 388 § 5 (part), 1978: prior code § 15.40.090)

14.20.220 Loading zones.

There shall be reserved loading zones within the Small Boat Harbor in the most accessible places. Zones shall be adequately marked, with mooring time being limited to four hours. Violations shall be governed by Section 14.20.380. Unattended vehicles will not remain moored at any Harbor Facility loading zone. (Ord. 388 § 5 (part), 1978: prior code § 15.40.060)

14.20.230 Conducting business in harbor from any vessel.

The city does not encourage commercial enterprises within the Small Boat Harbor. Any vessel owner, master or agent desiring a temporary mooring space within the Harbor Facilities for the purpose of selling any merchandise shall make application to the harbormaster for such space, and shall pay a daily rental of five dollars per day during such period of time as mooring is approved, and shall also be required to collect the city sales tax in the amount of five percent, filing a return and paying the collected tax to the harbormaster or to the city clerk before the vessel leaves the harbor. Peddlers and itinerant merchants shall have a valid license, all in accordance with Chapter 6.08. (Ord. 388 § 5 (part), 1978: prior code § 15.40.070)

14.20.240 Acts prohibited without prior approval of the harbormaster.

The following acts are prohibited without prior approval of the harbormaster:

  1. Using a vessel as a residence, as defined by Section 14.20.030(H). Persons requesting moorage space to be used as a residence, or those who, while using a moorage space, do not regularly use the vessel as a fishing, freight or pleasure craft, must first comply with such separate regulations and conditions as are set forth and deemed appropriate by the harbormaster;
  2. Issuance of a permit or license for commercial use of the Harbor Facility. The requirements and conditions for such permits or licenses shall be prescribed in separate instructions as issued, and are in every case discouraged. Sale from a private vessel is governed by Section 14.20.230
  3. Major maintenance or repair work, including spray painting, sandblasting, welding, burning, outfitting, etc., upon any vessel;
  4. Tapping, connecting, disconnecting, interfering with or tampering with electrical outlets or devices installed within the Harbor Facility;
  5. Moving or altering any wharf, float, gangplank, ramp, or other facility in the Harbor Facility;
  6. Building any type of floating boat shelter;
  7. Posting of signs for the sale of items or the charter or rental of vessels;
  8. Borrowing or using any Harbor Facility equipment;
  9. Use of a motorized vehicle such as, but not limited to motorcycles, motor scooters, and three and four wheelers. (Ord. 620 § 3 (part), 1988; Ord. 288 § 5 (part), 1978: prior code § 15.50.020)

14.20.260 Removal of nuisance and denial of facilities to hazardous materials.

  1. Any vessel constituting a nuisance is subject to removal from the Harbor Facility by the harbormaster or his agents, without liability to the city for any damage done by virtue of said removal.
  2. Boats removed from the Harbor Facility under provisions of this chapter shall be disposed of as provided in this chapter.
  3. Vessels which, in the opinion of the harbormaster, do not meet normal safety standards, or because of their size and construction may be hazardous to the Harbor Facility, other vessels or property, will be denied use of the Harbor Facility. (Ord. 388 § 5 (part), 1978: prior code § 15.40.050)
    14.20.270 Authority to impound derelict vessels.

Any derelict vessel in the Small Boat Harbor may be impounded, removed, sold or otherwise disposed of as provided in this chapter. (Ord. 388 § 5 (part), 1978: prior code § 15.40.080 (a))