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Title 8 MARINE FACILITIESTitle 8 MARINE FACILITIES1Chapters:Chapter 8.01 GENERAL PROVISIONSSection 8.01.010 Purpose.The purpose of this title is:(a)To provide for the safe and efficient use, and orderly management and control of all harbor facilitiesowned, managed or operated by the City of Gustavus ("city"), including but not limited to the SmallVessel Float System and its interface with the State of Alaska-owned Gustavus Multi-Modal MarineFacility, and the City of Gustavus-owned Salmon River Small Boat Harbor Facility.(b)To protect and preserve the lives, health, safety and well-being of persons who use, work or maintainproperty at the city-owned and maintained harbor facilities;(c)To protect public property;(d)To prevent fire or health hazards and abate nuisances;(e)To prevent the use of the harbor facilities for derelict vessels and property;(f)To ensure adequate financial resources are available to acquire, plan, design, construct, equip, operate,maintain or replace harbor facilities through the assessment of user fees or through other means;(g)To maintain a user-friendly facility.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.01.020 Jurisdiction.The City of Gustavus assumes control and jurisdiction over the Small Vessel Float System and the City ofGustavus-owned Salmon River Small Boat Harbor Facility. The provisions of this title shall be construed tosupplement federal laws and regulations, in cases of concurrent jurisdiction.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.01.030 Implied agreement for use of facilities; city liability denied.The City of Gustavus may require signed agreement to meet applicable regulatory requirements as acondition to issuing use permits to its harbor facilities.( Ord. No. FY13-20, § 3, 7-11-2013 ; Ord. No. FY20-12 , § 3, 4-13-2020)1Editor's note(s)—Ord. No. FY13-20, § 3, adopted July 11, 2013 , repealed former Title 8, Chs. 8.01—8.08, in itsentirety and enacted new provisions as herein set out. Former Title 8 pertained to similar subject matter.Gustavus, Alaska, Code of Ordinances(Supp. No. 7)Created: 2021-06-27 08:13:48 [EST]Page 1 of 20
Section 8.01.040 Definitions.Whenever the words, terms, phrases and their derivations set forth in this section are used in this title, theyshall have the meaning set forth in this section.Abandoned vessel and/or property: Any vessel whose last registered or documented owner has failed tocontact or cannot be contacted by the harbormaster via the most recent contact information on file. A vessel isdeemed abandoned if the last registered or documented owner disclaims ownership, or the owner cannot bedetermined, or other identification has been obliterated or removed in a manner that precludes identification.Anchor: To secure a vessel to the bed of a body of water by lowering an anchor or anchors or by using a buoysecured to the bed of a body of water, or by using other ground tackle.Cargo: Goods or materials that are loaded onto or off-loaded from a vessel.Cargo carrier: The vessel hired to carry goods or materials.Charter vessel: A vessel used to transport hunters, recreational saltwater or freshwater fishermen, whalewatching or wildlife viewing individuals or groups, kayakers and/or kayak hauling for hire or any motor vesselmeasuring less than two hundred (200) tons gross and not more than twenty-four (24) meters (79 feet) in lengthengaged in transport of passengers.Commercial vessel: A vessel engaged in any trade, business, or commercial activity.Derelict: Any vessel or property that the city determines to be, or appears to be forsaken, abandoned,deserted, cast away, unsound, unseaworthy, or unfit for its trade or occupation.Distress: A condition of a vessel that the city determines evidences disability or a present or obviousimminent danger, which, if prolonged, could endanger life and/or property.Dump: To discharge, deposit, dump, spill, leak, inject, or place matter into or on any land or water so thatsuch matter or any constituent part thereof enters the waters of the Gustavus Multi-Modal Marine Facility, SmallVessel Float System or Salmon River Small Boat Harbor.Emergency: A condition of a vessel that the city determines evidences imminent or proximate danger to lifeor property in which time is of the essence.Facility: The Gustavus Multi-Modal Marine Facility ("facility") is owned, operated, and maintained by theState of Alaska Department of Transportation and Public Facilities. The facility includes the dock and its associatedapproach, mooring, and transfer structures, the staging area island, and the shore-side infrastructure providing thefacility via Dock Road in Gustavus.Floats: All city-owned and maintained floating walkways located within harbor facilities and designated forvessel moorage or for parking skiffs or kayaks. The city's floats include:(1)Boat launch ramp float. The city-owned and maintained floating walkway used in conjunction with theSalmon River boat launch ramp.(2)Mooring float. Any city-owned and maintained floating walkway attached to the Gustavus Multi-modalMarine Facility, and designated by signage or otherwise for mooring vessels.(3)Tender mooring space. That portion of the mooring float used for short-term moorage of tenders.(4)Skiff and kayak float. That portion of the small vessel float system that includes the temporary parkingof skiffs, kayaks, or canoes on an out-of-water inclined surface.The Gustavus Multi-Modal Marine Facility: Owned, operated, and maintained by the State of AlaskaDepartment of Transportation and Public Facilities, the facility includes the dock and its associated approach,Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 2 of 20
mooring, and transfer structures, the staging area island, and the shore-side infrastructure providing access to thefacility via Dock Road in Gustavus, AlaskaHarbor appeal panel: A group of two (2) council members and one (1) public member appointed by themayor and ratified by the city council to hear appeals from citations issued by the harbormaster for violations ofthis title.Harbor facilities: Harbor facilities includes all mooring devices, including, but not limited to, floats, fingersand stalls, grid irons, and other appurtenances located in the small boat harbor, the float system, boat launchingramps, land storage areas and loading areas under the jurisdiction of the city for health, safety or convenience ofthe public, including the following harbor facilities, or any other harbor facilities later established:(1)The small vessel float system (floats). All city-owned and maintained floating walkways that aredesignated for mooring vessels and that are attached to the State of Alaska's Gustavus Multi-ModalMarine Facility, which Facility includes the dock and its associated approach, mooring, and transferstructures, the Staging Area Island, and all related shore-side infrastructure.(2)The Salmon River Small Boat Harbor Facility (small boat harbor). Parcel No. 3, Government Lot 6,Section 8 of Township 40 S., Range 59 E., Copper River Meridian.Harbor facilities use fees: All facility use rates, storage fees, penalties and transactions.Harbormaster: The individual(s) appointed by the mayor and ratified by the city council to serve asharbormaster(s), and/or any deputy harbormaster or other city employee authorized by the mayor to assumeharbormaster(s) duties. The harbormaster is authorized to manage and control the use of all harbor facilities, toenforce this title, and to issue citations to individuals who violate these ordinances, as set out more fully in Chapter2 of this title.Hazardous substance:(1)An element or compound that, when it enters into the atmosphere or in or upon the water or surfaceor subsurface land, presents an imminent and substantial danger to the public health or welfare,including, but not limited to, fish, animals, vegetation, or any part of the natural habitat in which theyare found;(2)A hazardous substance defined under 42 U.S.C.9601(14).Loading areas: All of the designated areas of any float, when suitably posted and marked, are to be used onlyby the general public, without charge, for the purpose of loading and unloading of supplies, equipment and stores.Use of the loading zones is limited to two (2) hours in any twenty-four-hour period.Long-term storage zone: An area designated by resolution of the Gustavus City Council for the nonpermanent storage of marine-related equipment.Moor: To make a vessel fast to the shore or to an anchor.Navigation clear zone: A radius of three hundred feet (300'), or diameter of six hundred feet (600'), from theGustavus Multi-modal Marine Facility dock face.Oil: A derivative of a liquid hydrocarbon and includes without limitation crude oil, lubricating oil, sludge, oilrefuse, diesel fuel, gasoline or another petroleum-related product or by-product.Open mooring space: A space on the float system which is available on a first-come, first-served basis, usedfor temporary or short-term mooring. Rafting out might be necessary during peak terms of occupancy.Person(s): A natural person or a business, corporation, joint venture, partnership, association, organization,trust, society, or governmental agency.Pollutant: Any substance or material defined as a pollutant under 33 U.S.C. 1362(6).Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 3 of 20
Private vessel: Any motor vessel that is not engaged in business (business includes, but is not limited to,transportation of passengers for hire or commercial fishing).Public nuisance: A vessel and/or property or other item that causes an obstruction to navigation, or that isabandoned or derelict or unfit or unseaworthy or that is unsafe or that is maintained in such a manner as toconstitute a fire hazard, or a vessel that is sunken or in imminent danger of sinking.Public vessel: A watercraft that is owned, operated, or chartered by the United States, the State of Alaska, ora political subdivision thereof.Staging area island: The man-made island lying between the shore and the Gustavus Multi-Modal MarineFacility and connected to the shore and the Gustavus Multi-Modal Marine Facility by a steel approach trestle.Steel breakwater float: A barrier that breaks the force of waves, attached to the Gustavus Multi-ModalMarine Facility that extends two hundred feet (200') east of the dock face.Transfer of cargo: All types of loading, unloading, transfer and/or containerization, or other intermodalhandling of any kind of cargo.Transient: Transient means using open mooring areas on a temporary basis. The transient areas are availableon a "first-come, first served" basis.Transient vessel: A vessel using an open moorage space. Transient vessels include, but are not limited to:vessels seeking a harbor of refuge, day use, or overnight use of a moorage space, as determined by theharbormaster.Vessel: Any watercraft of every kind and description, including, but not limited to, vessels, ships, boats, skiffs,tenders, barges, dredges or watercraft of any description.Vessel operator: The master, managing agent, person in navigational control of, or other person responsiblefor the operation of the vessel.Vessel owner: The documented or registered owner of the vessel.Vessel seaworthiness: A state of readiness and safety which each vessel moored or docked in the harborfacilities must meet, including being capable of getting underway under its own power at all times. In order to bedeemed seaworthy, a vessel must be constructed and maintained for the primary purpose of navigating thewaterways. The Harbormaster may require any vessel to demonstrate seaworthiness by starting its engine or othermeans of propulsion, navigating away from the dock, and returning to the dock in a safe manner. Any vessel notdemonstrating basic seaworthiness in the harbormaster's judgment may be barred or removed from harborfacilities.( Ord. No. FY13-20, § 3, 7-11-2013 ; Ord. No. FY20-12 , § 3, 4-13-2020)Chapter 8.02 ADMINISTRATIONSection 8.02.010 Harbor facilities department, harbormaster.There shall be a harbor facilities department, the head of which shall be the harbormaster, appointed by themayor and ratified by the city council for an indefinite term.( Ord. No. FY13-20, § 3, 7-11-2013 )Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 4 of 20
Section 8.02.020 Powers and duties.(a)Scope of responsibility. The harbormaster shall be responsible for the management and control, operationand maintenance of the city's harbor facilities. The Harbormaster shall stay in close communication withState of Alaska Department of Transportation and Public Facilities personnel regarding the coordination ofaccess and the use of the state-owned and managed Gustavus Multi-Modal Marine Facility.(b)Power and duties. The harbormaster shall have the following authority:(1)To board, inspect and move any vessel within the harbor facilities at any time to abate a nuisance, toprotect life and property, and to otherwise enforce the provisions of this title.(2)To replace defective mooring lines, secure any vessel and/or property with additional mooring lines,and pump vessels that are in a dangerous condition or pose danger to other nearby vessels orproperty.(3)To post signs and notices that inform the public of authorized and prohibited uses of the harborfacilities.(4)To issue notices of violation against any person who violates any provision of the Gustavus MunicipalCode.(5)To require the owner of any vessel to demonstrate that it is in a seaworthy condition as a condition ofuse of the harbor facilities.(6)To report any suspected violation of federal, state, or City of Gustavus laws, regulations, or policies tothe mayor or city administrator.( Ord. No. FY13-20, § 3, 7-11-2013 ; Ord. No. FY20-12 , § 3, 4-13-2020)Section 8.02.030 Disclaimer of liability.The authority granted to the harbormaster shall not create an obligation or duty requiring the harbormasterto take any action to protect or preserve any vessel or property located at or within the harbor facilities, or utilizingthe harbor facilities. The City of Gustavus shall not be liable for any loss or damage to vessels or personal propertystored at the harbor facilities arising from any cause.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.02.040 Marine facilities advisory committee.(a)There is established the marine facilities advisory committee, which shall consist of at least four (4) membersappointed by the Gustavus City Council. To the extent possible, appointments to the marine facilitiesadvisory committee shall include persons having marine, engineering, financial, and other skills relevant toharbor facility affairs. Appointments shall be for three (3) years, after which a former member is required towait at least one (1) year before applying for re-appointment. Initial appointments shall be for staggeredterms of two (2) and three (3) years.(b)Each committee member shall be a qualified voter residing in the City of Gustavus.(c)The marine facilities advisory committee shall meet at least quarterly, or as needed.(1)At least one (1) member of the marine facilities advisory committee shall be physically present at thedesignated meeting place in Gustavus for each meeting.Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 5 of 20
(2)Marine facilities advisory committee member(s) physically absent from Gustavus may participate byteleconference or other internet platform being utilized by the city.(3)If the marine facilities advisory committee falls below three (3) members, the Gustavus City Councilshall assume the responsibilities of the committee while recruiting members.(d)Duties. The marine facilities advisory committee shall review with the harbormaster harbor facilityoperations, management, administration, ordinances, policies, fees and charges, and shall recommendchanges to the harbormaster and city council as necessary or appropriate. The chair of the marine facilitiesadvisory committee shall report to the Gustavus City Council as necessary, but not less than once eachcalendar quarter.(e)Vacancies. A vacancy in the marine facilities advisory committee shall exist under the following conditions:(f)(1)If a person appointed to membership fails to qualify and take office within thirty (30) days ofappointment;(2)If a member departs from the City of Gustavus with the intent to remain away for a period of onehundred twenty (120) or more days;(3)If a member submits his or her resignation to the Gustavus City Clerk;(4)If a member fails to attend three (3) consecutive marine facilities committee meetings.Vacancies declared and filled by Council. A vacancy shall be declared if one of the conditions in (e) prevails.The vacancy shall be filled according to provisions in Title 2.( Ord. No. FY13-20, § 3, 7-11-2013 ; Ord. No. FY20-12 , § 3, 4-13-2020; Ord. No. FY21-14 , § 3, 1-11-2021)Chapter 8.03 REGISTRATION AND FEE TRANSACTIONSection 8.03.010 Registration required.(a)The owner or operator of each vessel using the Gustavus harbor facilities shall register each vessel with theharbormaster or the city clerk on forms prescribed by the harbormaster or city clerk. The vessel registrationform shall require all information deemed pertinent by the harbormaster or city clerk.(b)Any vessel not currently registered with the City of Gustavus or the harbormaster may be moved at any timeby the harbormaster, with or without notice to the vessel owner or operator, and the vessel owner oroperator shall be charged the applicable fee as set out in the Gustavus Harbor Fee Schedule.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.03.020 Harbor use fees, charges and penalties.(a)The Gustavus Harbor Fee Schedule shall be adopted, and may be amended from time to time, by theGustavus City Council by resolution.(b)Payment of all harbor use fees, including open moorage, storage and other fees, charges, penalties or finesshall be made by check, cash or money order to the City of Gustavus. Use fees must be paid in advance.(c)Annual harbor use fees are non-refundable.Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 6 of 20
(d)Users who fail to pay past-due harbor use fees, past-due sales tax or past-due fish box tax to the City ofGustavus will be denied use of facilities until paid in full, including any penalties, fees and interest. Alldelinquent fees, penalties, and interest operate as a lien against the vessel.(e)The charges for a cargo carrier for use of the Salmon River Small Boat Harbor must be remitted to the citywithin thirty (30) days of use and if not so remitted, such payment is delinquent. The postmark shalldetermine the date of filing payments. In addition, a late payment penalty of five (5) percent per month orany fraction thereof, not to exceed a total accrual of twenty-five (25) percent), shall be added to alldelinquent fees, until such use fees, penalty and interest thereon have been paid. Such penalty shall beassessed and collected in the same manner as the fee is assessed and collected. In addition to thesepenalties, interest at the rate of fifteen (15) percent per year on the delinquent use fees is collected.(f)If the city clerk or harbormaster is unavailable, a temporary moorage form will be available at the smallvessel float system. The user's fee shall be deposited in a drop box labeled for that purpose. Payment shallbe by cash or cheque. Failure to register with the city clerk or harbormaster, or to deposit the required fee inthe drop box within four (4) hours of arrival in the harbor facilities subjects the vessel owner and operator toa fine of twenty-five dollars ( 25.00). Such fines operate as a lien on the subject vessel.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.03.030 Fee collection and lien.(a)Penalties for late user fees shall be established by resolution by the city council.(b)The mayor is authorized to commence suit or exercise any other legal remedy to collect any delinquent feeor fine. In the event such suit is commenced, the person obligated to pay the fee or penalty shall, in additionto any other liability imposed by this title, be liable for the city's actual, reasonable attorney's fees and costsassociated with the collection.(c)In addition to all other remedies available by law, the city shall have a lien for any fees, interest and costs ofcollection, including attorney's fees, provided by this title, upon any vessel, equipment, tackle, gear, cargo,vehicle and property giving rise to such fees. The lien may be enforced by any procedure otherwise providedby law.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.03.040 Reserved.Chapter 8.04 RULES FOR USE OF THE GUSTAVUS HARBOR FACILITIESSection 8.04.010 Conduct in harbor facilities—General Rules.(a)Vessels moored within the harbor facilities shall be capable of meeting the provisions of Section 8.07.090,Underway requirements, at all times, unless specifically authorized by the harbormaster.(b)Vessels, when unattended, shall be securely moored with lines, adequate in size and number for the boat,and suitable for weather and other conditions. Lines shall be easily removed by hand.(c)Vessels moored within the harbor facilities shall, at all times, be seaworthy and ready for immediate oremergency departure into local waters. At no time may a vessel be chained or locked to any float or othercomponent or structure of the harbor facilities.Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 7 of 20
(d)Moorage of all vessels in the harbor facilities shall be in accordance with posted signs or as otherwisedirected by the harbormaster or the City of Gustavus.(e)All vessels and vehicles in, at or on the harbor facilities shall be parked, moored and maneuvered in a safeand orderly manner.(f)Use of the float system is not intended for vessel repair, or long-term moorage. Transient moorage in zonedareas is allowed with permission of the harbormaster.(g)Conduct of users of the marine facilities must be non-confrontational and cooperative, acknowledging therights of all patrons to use the facilities. Any unresolved disagreements or confrontations should bedocumented and brought to the attention of city hall.(h)Cleaning of fish on the float is prohibited. Cleaning of fish aboard a vessel tied to the float is permitted solong as fish waste is retained on the vessel or packaged for safe removal to a shore disposal site.(i)Discarding of fish carcasses or by-product waste must be done in accordance with federal, state, and City ofGustavus laws. Dumping of such waste around city floats, state dock or the Salmon River boat harbor isprohibited. Fish or animal waste may not be discarded at the dock, and not closer than mid-channel of IcyPassage.(j)Storage of gear, totes, coolers and trash on the floats is prohibited.(k)Violation of any of these standards may result in suspension of facility use and/or a fine of up to twohundred dollars ( 200.00) per violation.( Ord. No. FY13-20, § 3, 7-11-2013 ; Ord. No. FY20-12 , § 3, 4-13-2020)Section 8.04.020 Condition of facilities, generally.Vessel owners or operators using the harbor facilities shall keep vessels, equipment, gear, piers, or floats inthe vicinity of their vessels in a clean, orderly and safe condition.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.04.030 Failure of vessel owner, vessel operator or occupant to allow harbormasterto board vessel.Failure of a vessel owner, operator or occupant to allow the Harbormaster to board a vessel pursuant toSection 8.02.020(b) shall be deemed a violation of this chapter.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.04.040 Persons to comply with harbormaster's communications.Any person using the harbor facilities or any harbor facility equipment shall comply with all verbal or writtencommunications of the harbormaster.( Ord. No. FY13-20, § 3, 7-11-2013 )Chapter 8.05 PROHIBITED ACTSCreated: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 8 of 20
Section 8.05.010 Prohibited acts.It is unlawful for any person using the Gustavus harbor facilities to commit or allow any of the followingprohibited acts:(a)Improper vessel operation. It is unlawful for a person to operate or cause to be operated any vessel orwatercraft in a reckless or negligent manner or in disregard for the safety of person(s) or propertywithin the limits of the harbor facilities.It is unlawful for a person to operate any vessel or watercraft in a manner that unreasonably orunnecessarily interferes with other vessels or watercraft, or with the free and proper navigation of thewaterways of the harbor facilities.(b)Hazard to navigation. No person shall create or fail to remove, after request from the harbormaster, ahazard to navigation within the harbor facilities.(c)Improper mooring. No person shall moor or anchor any boat, vessel or other floating structure:(1)In a manner which obstructs access to or use of the harbor facilities;(2)In the clear zone of the Gustavus Multi-Modal Marine Facility per Section 8.06.030.(d)Improper use of harbor facilities. No person shall use the harbor facilities for purposes or in a mannercontrary to Title 8 of this Code of Ordinances.(e)Improper dressing and processing of fish. It is unlawful to dress or process fish, including but notlimited to gutting, filleting, fletching, smoking or steaking except aboard a vessel at the harbor facilities.(f)Improper waste disposal. It is unlawful for any person to dispose of trash, garbage, refuse, humanwaste, animal carcasses or parts, fish waste or parts, or any similar substance in or on the water or theland of the harbor facilities. Discarding of animal carcasses (e.g. fish, deer, etc.) is prohibited from thecities marine facilities. All dumping of animal carcasses must be beyond mid-channel.(g)Improper dumping or discarding of property. It is unlawful for any person to discard, dump orotherwise place on or into the harbor facilities or any waterway:(1)Batteries;(2)Oil;(3)Hazardous substance(s) including but not limited to solvents, antifreeze, paint (including paintchips, flakes and debris), and detergents or cleaners containing hazardous substance(s);(4)Fuel, or any other petroleum product;(5)Refuse;(6)Garbage; or(7)Other pollutants.(h)Unattended cargo or freight. No person shall deposit or leave any cargo, merchandise, supplies, freight,articles or other objects upon any float, ramp, decline, walk, or other public place at the harborfacilities. Free and unencumbered access to and within the harbor facilities must be maintained at alltimes.(i)Control of animals. All dogs or other animals shall at all times be under the physical control of theowner or person in charge of the animal. Owners will be responsible for cleaning up after their pets. Itis unlawful to leave pet feces on any harbor facility. The owner or caretaker of any pet who violates thissection is responsible for the resulting fine.Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 9 of 20
(j)Posting written or printed matter. No person shall erect, place, write, post or maintain any written orprinted matter, advertising matter or sign at the harbor facilities without having first obtainedpermission of the harbormaster. All unauthorized signs shall be removed by the harbormaster. Writtenor printed matter authorized by the harbormaster may remain in place for no more than seven (7)consecutive days. It is unlawful to remove, deface or destroy any sign or printed matter placed by theharbormaster.(k)Improper petroleum product disposal. No person shall release any fuel, oil, their derivatives, wastes orby-products, or other petroleum products into the waters or onto the lands of the harbor facilities.(l)Improper fuel dispensing. Fueling of vessels shall occur only at a location designated by the State ofAlaska Fire Marshal and in accordance with a procedure approved by the State of Alaska Fire Marshal.(m) Conducting commercially-oriented business. There will be no leased or rented commercial uses of anyportion of the land under the State of Alaska Cooperative Resource Management AgreementADL107456.(n)Unlawful construction. No person shall alter terrain at, or engage in building or construction at any cityharbor facilities without the consent of the city council.( Ord. No. FY13-20, § 3, 7-11-2013 ; Ord. No. FY20-12 , § 3, 4-13-2020)Section 8.05.020 Harbor facilities offenses fine schedule.(a)All fines established under this title are civil penalties. Proof of liability for any penalty is sufficient if theHarbormaster proves by a preponderance of the evidence that the alleged offense was committed. Thereshall be no right to a jury trial or appointed counsel to defend against any citation brought under this title.(b)If a fine amount is set for an offense arising under this chapter, a person charged with that offense candispose of the charge (by mail or in person) by paying the fine amount plus any surcharge required to beimposed by AS 29.25.075 and checking the "no contest plea" box on the back of the citation. Alternatively,the person may choose to exercise the following appeal rights:(c)(1)The first level of appeal shall be to the harbor appeal panel. The question on appeal shall be whetherthe violation charged in the citation has been proven by the Harbormaster by a preponderance of theevidence.(2)Any subsequent appeal shall be taken to the Superior Court of the State of Alaska at Juneau.The fine amounts are set forth in resolution by the Gustavus City Council.( Ord. No. FY13-20, § 3, 7-11-2013 )Section 8.05.030 Repeat offenses.Each repeat offense shall carry a fine double the amount of the previous offense. In the case of a repeatoffense, at the recommendation of the harbormaster and confirmation of the city council, an individual orcommercial entity responsible for said acts may be prohibited from using the facility for up to one (1) year.( Ord. No. FY13-20, § 3, 7-11-2013 )Created: 2021-06-27 08:13:47 [EST](Supp. No. 7)Page 10 of 20
Section 8.05.040 Relationship to other laws.(a)In addition to the requirements set forth in this chapter, certain f
designated for mooring vessels and that are attached to the State of Alaska's Gustavus Multi-Modal Marine Facility, which Facility includes the dock and its associated approach, mooring, and transfer structures, the Staging Area Island, and all related shore-side infrastructure. (2) The Sal
