A REGULATION OF THE CITY AND BOROUGH OF JUNEAU, ALASKA. Adoption of Title 05, Chapter 20 Docks and Harbors Small Boat Harbor Fees and Charges

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1 A REGULATION OF THE CITY AND BOROUGH OF JUNEAU, ALASKA Adoption of Title 05, Chapter 20 Docks and Harbors Small Boat Harbor Fees and Charges PURSUANT TO AUTHORITY GRANTED BY THE ASSEMBLY OF THE CITY AND BOROUGH OF JUNEAU, THE DOCKS AND HARBORS BOARD HEREBY ADOPTS THE FOLLOWING REGULATIONS: Section Authority. These regulations are adopted pursuant to CBJ and CBJ Section 2. Adoption of Regulations. The City and Borough of Juneau Administrative Code is amended by the adoption of a new Title 05, Chapter 20, reading: Sections: City and Borough of Juneau Administrative Code Title 05: Docks and Harbors Chapter 20: Small Boat Harbor Fees and Charges 010 Small Boat Harbor Fee Policy 020 Annual Moorage Fees at Douglas Harbor, Harris Harbor, and Aurora Boat Basin 030 Daily Moorage Fees 040 Monthly Moorage Fees 045 Fee for Tenders 050 Residence Surcharge 060 Recreational Boat Launch Fees 070 Fees for Commercial Use of Boat Launches 080 Passenger for Hire Vessel Permit Fees 090 Statter Harbor Parking Lot Permit 100 Grid Usage Fees 110 Crane Use Fees 120 Pump Use Fees 130 Storage Fees 140 Staff Labor Fees 150 Reserved Moorage Waitlist Fee 160 Statter Harbor Parking Lot Fee 170 Private Boathouse Surcharge 180 Other Fees 190 Annual Moorage Table 05 CBJAC Page 1

2 05 CBJAC Small Boat Harbor Fee Policy. (d) (e) (f) (g) (h) (i) (j) Legal Authority. The City and Borough of Juneau Docks and Harbors Board adopt fees and charges pursuant to the authority granted by CBJ Ordinance Title Purpose. The purpose of these regulations is to finance the operating, maintenance, and partial replacement costs of the small boat harbors and launch ramps under the ownership of the City and Borough of Juneau. Effective Date. These regulations take effect on July 1, All fees listed in this regulation for the period January 1, 2007 through December 31, 2007 will be the applicable fee after December 31, All fees listed in this regulation for the period from will be the applicable fee after. Enterprise Fund. All fees and charges assessed by the CBJ Docks and Harbors Department are deposited into an enterprise fund that is used to finance the harbor activities of the CBJ Docks and Harbors Department. The enterprise fund is established under the authority of Section 9.16 of the "Home Rule Charter of the City and Borough of Juneau, Alaska" and CBJ Ordinance Title 85. Sales Tax. Fees and charges do not include local sales taxes. The Docks and Harbors Department will assess local sales taxes upon the fees and charges in accordance with applicable local sales tax law. Currency Denomination. All charges and fees are in U.S. Dollars. Payment Deadlines, Overdue Amounts and Penalty. Except as otherwise provided, all fees and charges are due within thirty (30) days receipt of the billing. Fees and charges not paid within thirty (30) days receipt of billing will be considered delinquent and subject to the interest provisions established in CBJ Ordinance Title 1.41 and the penalty provisions established in CBJ Ordinance Title and Refundability, Prorating, Crediting, and Fee Conversion. Unless specifically provided in CBJ Administrative Code Title 05, Chapter 20, the Docks and Harbors Department will not refund, pro-rate, credit, or convert fees and charges. Billing Records. Records of billings are available for inspection at the Aurora Harbor Office, 1600 Harbor Way, Juneau, Alaska Persons may request copies of records for their billings free-of-charge. Other persons may request copies in accordance with applicable state and local public records laws. Billing Disputes. A person may dispute their billing to the Port Director. In order to file a dispute, the person must submit written notice with thirty (30) days of receiving the bill under dispute. The written notice must include a copy of the bill, a concise and complete description of the dispute, and the requested relief. The Port Director will respond within thirty (30) days of receiving the dispute. The person may dispute the Port Director's 05 CBJAC Page 2

3 decision to the CBJ Docks and Harbors Board and thereafter to the City and Borough of Juneau Assembly in accordance with applicable CBJ ordinance. (k) (l) (m) (n) (o) Basis for Computing Moorage Charges. The Docks and Harbors Department will assess moorage charges based on the silhouette length of the vessel or the designated stall length, whichever is greater. Silhouette length is defined as the linear distance, in feet, from the forward most part at the stem to the aftermost part of the stern of the vessel, measured parallel to the waterline of the vessel, including all appurtenances that are the property of the vessel owner. Stall length is defined as the length of the finger pier assigned to the vessel or, in the case of side-tie moorage, the vessel's silhouette length as calculated above. The Docks and Harbors Department reserves the right to measure a vessel and adjust moorage charges to the point in time when the owner first moored the vessel in the CBJ harbor system. Charges When a Vessel Shifts to a Different Berth. When a vessel is shifted directly from one position to another berth or slip, the total time at such berths or slips will be considered together when computing moorage fees. Charges for Designated Loading Zones. There are no moorage fees and charges for use of a designated loading zone when used in accordance with regulations and rules established for the loading zone. Other Fees and Charges. This fee schedule does not restrict fees and charges that may be established through other Docks and Harbor Department ordinances and regulations. Relationship to Other Harbor Regulations and Rules. This fee schedule applies in addition to other CBJ harbor regulations and rules. These regulations take precedence in cases where these regulations differ from other CBJ harbor regulations and rules adopted prior to the effective date of these regulations. 05 CBJAC Annual Moorage Fees at Douglas Harbor, Harris Harbor, and Aurora Boat Basin Definition. The fee an owner may elect to pay for berthing a vessel at the Douglas Small Boat Harbor, Harris Boat Harbor, Aurora Boat Basin, Norway Point Float, and moorage appurtenant thereto from July 1 of one calendar year through June 30 of the succeeding calendar year. Annual Moorage Period. The annual moorage period is the CBJ fiscal year from July 1 of one calendar year through June 30 of the succeeding calendar year. A vessel owner that pays annual moorage is entitled to moor their vessel at the Douglas Small Boat Harbor, Harris Boat Harbor, Aurora Boat Basin, Norway Point Float, and moorage appurtenant thereto without incurring daily or monthly moorage charges during this period. 05 CBJAC Page 3

4 (d) (e) Payment Deadline. The payment deadline for annual moorage is July 1. An owner may pay the annual moorage fee in installments; the first installment is due by July 1 and must be at least 50% of the annual moorage fee. The remaining balance must be paid by January 1 of the succeeding calendar year. CBJ will assess interest fees on the unpaid balance in accordance with this regulation. An owner that does not or cannot pay the annual moorage fee will be assessed a daily or monthly moorage fee in accordance with this regulation. Annual Moorage Fee. The annual moorage fee will be assessed in accordance with the table as set forth in 05 CBJAC Special Annual Moorage Fee for Skiffs. An owner with an open-hulled vessel 21 feet or less in length, excluding engines, may apply to the Harbormaster for moorage in the limited access areas of the small boat harbors. The Harbormaster will assign moorage in these areas on a first-come, first serve basis. If assigned moorage by the Harbormaster, all requirements pertaining to annual moorage apply, except the annual moorage fee the owner shall pay is as follows: Annual Moorage Fee $ per year $400 $450 $ CBJAC Daily Moorage Fees. Definition. The fee charged to the owner of a vessel for berthing the vessel at the Douglas Boat Harbor, Harris Boat Harbor, Aurora Boat Basin, Norway Point Float, Statter Harbor, and moorage appurtenant thereto on a daily basis. Payment Deadline. The owner of a vessel must register with the Docks and Harbors Department as soon as possible after arriving in the harbor system. The owner shall pay the daily moorage fees for the expected stay when registering. Daily Moorage Period. The period of time for which daily moorage will be assessed shall commence when the vessel is made fast to an allocated berth or moored, comes within a slip and shall continue until such vessel casts off and has vacated the position allocated. All time is counted and no deductions are allowed because of weather or other conditions. 05 CBJAC Page 4

5 (d) Daily Moorage Fees. Daily moorage fees will be assessed for each 24 hour period or portion thereof as follows: Daily Moorage Charge $ per foot $0.35 $0.45 $0.55 (e) Daily Moorage Fee Pay-in-advance Discount. The owner of a vessel with preferred moorage in Douglas, Harris, or Aurora Small Boat Harbors, or the owner of a vessel who is on the waitlist for preferred moorage, that pays daily moorage in advance for 30 consecutive days of moorage shall receive a 15 per cent discount on the advance payment. 05 CBJAC Monthly Moorage Fees. (d) Definition. The fee charged to the owner of a vessel for berthing the vessel at the Douglas Boat Harbor, Harris Boat Harbor, Aurora Boat Basin, Norway Point Float, Statter Harbor(during the winter management period), and moorage appurtenant thereto on a monthly basis. Monthly Moorage Period. Monthly moorage will be assessed on a calendar month basis. Payment Deadline. Monthly moorage fees must be paid in advance before the first day of the calendar month for which the owner is obtaining moorage. An owner that does not or cannot pay the annual or monthly moorage fee will be assessed a daily moorage fee in accordance with this regulation. Monthly Moorage Fees. Monthly moorage fees will be assessed for each calendar month or portion thereof as follows: Monthly Moorage Charge 05 CBJAC Fee for Tenders. $ per foot $6.00 $7.50 $9.00 Definition. The fee for tenders applies to cases where the owner of a vessel moors a tender in the water along with their primary vessel. Under this regulation, a tender is defined as an auxiliary vessel that is carried or towed by the primary vessel to allow access to, or escape from, the primary vessel. To qualify for this special fee, the owner of the tender and the owner of the vessel must be the same person. Tenders that are not assessed fees under this section shall be assessed fees under the applicable annual, daily, or monthly moorage fee section. 05 CBJAC Page 5

6 Exclusion. This regulation does not sanction the mooring of a tender alongside a primary vessel in a manner the Harbormaster judges to interfere with the operation of the harbor. Owners of large tenders must still obtain conditional approval of the Harbormaster before mooring a large tender in a stall along with their primary vessel. Moorage Fee. There is no moorage fee for a tender in cases where the primary vessel is shorter than the designated stall length, the owner pays moorage fees based on the designated stall length, and the tender can fit within the stall without causing the tender or primary vessel to protrude beyond the designated stall length. In all other cases, the owner of the tender shall pay fees as follows: (1) Annual fee of $150 per tender paid in advance; (2) Monthly fee of $50 per tender paid in advance; or (3) Daily fee in accordance with Section 30 of this regulation. 05 CBJAC Residence Surcharge. Definition. The fee assessed to an owner of a vessel for using, leasing, or renting the vessel as a residence. A vessel which is occupied for two or more full days in any calendar month shall be deemed to be a residence for the entire month unless: (1) the owner of the vessel is paying daily moorage in accordance with Section 30 of this regulation; or (2) the owner can prove to the satisfaction of the Harbormaster that all persons residing on the vessel maintain a permanent place of residence onshore within the City and Borough of Juneau. A CBJ tax bill or assessment notice on improved residential property in the name of each vessel occupant which can be verified as a residence in the CBJ shall be prima facie proof that the occupant maintains a permanent place of residence on shore. Residence Surcharge Period and Duty to Report. The residence surcharge will be assessed on a calendar month basis. The owner of the vessel is responsible for paying the residence surcharge. The owner of the vessel is responsible for immediately notifying the Harbormaster when their vessel is being occupied and used, rented, or leased as a place of residence. Once a vessel is used as a residence, the Docks and Harbors Department will continue to assess the residence surcharge until the owner of the vessel gives written notice to the Harbormaster that the vessel is no longer used for a residence. Payment Deadline. The owner must pay the residence surcharge in advance before the first day of the calendar month for which the owner is planning to use the vessel as a residence. An owner that does not or cannot pay the residence will be assessed a daily moorage fee in accordance with Section 30 of this regulation in addition to any annual or monthly moorage that may have been paid. 05 CBJAC Page 6

7 (d) Residence Surcharge. The owner shall pay a residence surcharge per calendar month, or portion thereof, for each vessel used as a residence as follows: Residence Surcharge $ per calendar month $45.00 $57.00 $ CBJAC Recreational Boat Launch Fees. (d) Definition. The fee assessed to an owner for using one or more of the Douglas Harbor Boat Launches, the Harris Harbor Boat Launch, the North Douglas Boat Launch, the Statter Harbor Boat Launch, the Tee Harbor Boat Launch, the Amalga Harbor Boat Launch, and the Echo Cove Boat Launch to launch and recover recreational vessels. Use of the Kayak Launch Ramp at Amalga Harbor is free. Launch Ramp Fee Period. Launch ramp fees will be assessed on a calendar year or calendar day basis. Payment Deadline. An owner may pay the annual launch ramp fee at anytime during the calendar year. The owner must pay the daily launch ramp fees in advance before the day of use. An owner that has not paid the annual fee will be assessed the daily fee. Recreational Launch Ramp Fees. Recreational launch ramp fees will be assessed for each calendar year, calendar day, or portion thereof as follows: Fee Period December 31, 2005 January 1, 2006 to December 31, 2006 January 1, 2007 to December 31, 2007 Calendar Year $50 $70 $90 Calendar Day $10 $12 $14 05 CBJAC Fees for Commercial Use of Boat Launches. Definition. The fees assessed to an owner for using one or more of the Douglas Harbor Boat Launches, the Harris Harbor Boat Launch, the North Douglas Boat Launch, the Statter Harbor Boat Launch, the Tee Harbor Boat Launch, the Amalga Harbor Boat Launch, and the Echo Cove Boat Launch for any type of commercial use. 05 CBJAC Page 7

8 Annual Fee. A commercial user of the launch ramps must pay an annual fee prior to using a launch ramp each calendar year as follows: Fee January 1, 2006 to January 1, 2007 to December 31, 2005 December 31, 2006 December 31, 2007 $ per calendar year $175 $200 $225 Freight Use Fee. A person using a launch ramp for freight use must pay additional fees. Under this regulation, freight use means any use of a launch ramp other than launching or recovering recreational vessels. A person may pay the incidental freight use fee if they use the launch ramps for freight use no more than once per month. Freight use fees shall be assessed as follows: Fee Type Regular Fee ($ per hour) Incidental Fee ($ per half-hour) December 31, 2005 January 1, 2006 to December 31, 2006 $42 $44 $46 $12 $14 $16 January 1, 2007 to December 31, 2007 (d) (e) Freight Staging Fees. A person staging freight shall pay a fee of $25 per calendar day. Special Fee for Launch Ramp Tour Activities. Persons using the launch ramps for tour activities are subject to additional fees established through the permit program established in 05 CBJAC CBJAC Passenger for Hire Vessel Permit Fees. Definition. The fees assessed to an owner of a vessel for using Douglas Boat Harbor, Harris Boat Harbor, Aurora Boat Harbor, or Statter Boat Harbor to conduct passengerfor-hire activities. The fee applies in addition to other fees in this regulation. Requirements. The owner of a vessel using Douglas Boat Harbor, Harris Boat Harbor, Aurora Boat Harbor, or Statter Boat Harbor to conduct passenger-for-hire activities must obtain a permit from the Harbormaster. Applications are available at any of the Harbor Offices. Inspected Vessel Fees. Fees for Inspected vessels (Subchapter T and S vessels) will be assessed as follows: (1) $300 per vessel plus $7 per passenger seat each calendar year; or (2) $100 per calendar day of use; or 05 CBJAC Page 8

9 (3) No charge for non-profit use approved by the Harbormaster on a case-by-case basis. (d) Uninspected Vessel Fees. Uninspected vessels (Six-pack vessels) will be assessed fees as follows: (1) $50 per vessel plus $7 per passenger seat each calendar year; or (2) $25 per calendar day of use; or (3) No charge for non-profit use approved by the Harbormaster on a case-by-case basis. 05 CBJAC Statter Harbor Parking Lot Permit. Definition. The fees assessed to an owner of a company using the Statter Harbor Lower Parking Lot to pick-up or discharge passengers for passenger-for-hire activities. Requirements. The owner of a company using the Statter Harbor Lower Parking Lot to pick-up or discharge passengers for passenger-for-hire activities must obtain a permit from the Harbormaster. Applications are available at any of the Harbor Offices. Fees. Permit fees will be assessed as follows: (1) $300 per company plus $7 per passenger seat each calendar year; or (2) $15 per vehicle per day or $250 per year, whichever is less, for occasional and off-peak use. 05 CBJAC Grid Usage Fees. Definition. The fees assessed to an owner for using the Douglas Grid or the Harris Harbor Grid. Grid Usage Period and Requirements. The period for grid usage is a 24-hour period, or portion thereof. The grid fee is based on the silhouette length of the vessel. All grid usage fees must be paid in advance. Owners of vessels may reserve use of the grid. Payment of grid usage fees is required to obtain a reservation. The Harbormaster will require the owner of a vessel to post a bond or other guaranty before using the grid when the Harbormaster believes such security is necessary. Refunds. CBJ will refund grid fees for unused grid usage periods if the owner notifies the Harbormaster at least 24 hours before the start of the reservation period. 05 CBJAC Page 9

10 (d) Grid Usage Fees. Grid usage fees shall be assessed as follows: Fee June 30, 2006 June 30, 2007 June 30, 2008 $ per foot per day $0.65 $0.80 $ CBJAC Crane Use Fees. Definition. The fees assessed to a person for using a hydraulic crane at one of the CBJ Docks and Harbor Department facilities. Crane Use Requirements. A person must obtain approval from the Harbormaster before using a hydraulic crane. Crane use fees must be paid in advance. A person may reserve use of the crane. Payment of the crane use fee is required to obtain a reservation. The Harbormaster will require a person using the crane to post a bond or other guaranty before using a crane when the Harbormaster believes such security is necessary. Crane Use Fees. Crane use fees will be assessed by time period or portion thereof as follows: Fee First 30 minutes $12 $14 $16 Next 30 minutes $18 $21 $24 Each additional 60 minutes $20 $25 $30 Annual Use Permit $250 $300 $ CBJAC Pump Use Fees. Dewatering pumps are available for rent from the Docks and Harbors Department. The fee for rent of a dewatering pump is $20 per hour with a $40 minimum charge. 05 CBJAC Storage Fees. A person may apply to the Harbormaster for use of long-term storage space in designated areas. The fee for use of this space is $1 per square foot per calendar month, or portion thereof. 05 CBJAC Page 10

11 05 CBJAC Staff Labor Fees. When required in the furtherance of duties set out in CBJ Ordinance Title 85, harbor regulations and rules, fees for services of Docks and Harbors Department staff will be assessed as follows: (1) $60 per hour for each staff person with a 1-hour minimum charge per staff person; (2) $5.00 per foot of silhouette vessel length when moving a vessel; and (3) The actual cost of contracted services, supplies or materials plus a 10% mark-up. 05 CBJAC Reserved Moorage Waitlist Fee. A person applying for placement on the reserved moorage waitlist shall pay an initial sign-up fee of $50 and an annual fee of $10 payable by March 1 of each year that the person wishes to remain on the waitlist. 05 CBJAC Statter Harbor Parking Lot Fee. From May 1 through September 30 each year, the fee to park in designated pay spaces at the Statter Harbor Parking Lot is $5 per calendar day or portion thereof, or $75 per calendar month, or portion thereof. 05 CBJ AC Private Boathouse Surcharge. (d) Definition. The fee assessed to the owner of a private boathouse located on the property of CBJ for the use of CBJ tidelands. Basis for Computing Fee. The fee shall be based on the product of the area occupied by the owner's boathouse, or portion of a boathouse, and fair market rent for unimproved tidelands. Payment Deadline. The fee is due in the same manner as annual moorage. Fair Market Rent. The fair market rent used to compute the annual fee is $0.13 per square foot. 05 CBJAC Other Fees. The Docks and Harbors Board will establish fees for use of CBJ Docks and Harbor Department facilities that are not specifically identified in CBJ Administrative Code Title 05 on a case-by-case basis. 05 CBJAC Page 11

12 City and Borough of Juneau Administrative Code Title 05: Docks and Harbors Chapter 20: Small Boat Harbor Fees and Charges 05 CBJAC Annual Moorage Table. Length (Feet) 15 $625 $775 $ $635 $790 $ $645 $805 $ $655 $820 $ $665 $835 $ $675 $850 $ $685 $865 $ $695 $880 $ $705 $895 $ $715 $910 $ $725 $925 $ $735 $940 $ $745 $955 $ $755 $970 $ $765 $985 $ $775 $1000 $ $785 $1015 $ $955 $1190 $ $970 $1210 $ $985 $1230 $ $1000 $1250 $ $1015 $1270 $ $1030 $1290 $ $1045 $1310 $ $1060 $1330 $ $1075 $1350 $ $1090 $1370 $ $1315 $1600 $ $1335 $1625 $ $1355 $1650 $ $1375 $1675 $ $1395 $1700 $ $1415 $1725 $ $1435 $1750 $ $1455 $1775 $ $1475 $1800 $ $1495 $1825 $ $1515 $1850 $ $1535 $1875 $ $1555 $1900 $ $1575 $1925 $ $1595 $1950 $ $1615 $1975 $ $1635 $2000 $ $1655 $2025 $ $1675 $2050 $ $1695 $2075 $ $2025 $2410 $ CBJAC Page 12

13 City and Borough of Juneau Administrative Code Title 05: Docks and Harbors Chapter 20: Small Boat Harbor Fees and Charges 05 CBJAC Annual Moorage Table. Length (Feet) 63 $2050 $2440 $ $2075 $2470 $ $2100 $2500 $ $2125 $2530 $ $2150 $2560 $ $2175 $2590 $ $2200 $2620 $ $2225 $2650 $ $2250 $2680 $ $2275 $2710 $ $2300 $2740 $ $2325 $2770 $ $2350 $2800 $ $2375 $2830 $ $2400 $2860 $ $2425 $2890 $ $2450 $2920 $ $2475 $2950 $ $2500 $2980 $ $2525 $3010 $ $2550 $3040 $ $2575 $3070 $ $2600 $3100 $ $2625 $3130 $ $2650 $3160 $ $2675 $3190 $ $2700 $3220 $ $2725 $3250 $ $2750 $3280 $ $2775 $3310 $ $2800 $3340 $ $2825 $3370 $ $2850 $3400 $ $2875 $3430 $ $2900 $3460 $ $2925 $3490 $ $2950 $3520 $ $2975 $3550 $ $3000 $3580 $ $3025 $3610 $ $3050 $3640 $ $3075 $3670 $ $3100 $3700 $ $3125 $3730 $ $3150 $3760 $ $3175 $3790 $ $3200 $3820 $ $3225 $3850 $ CBJAC Page 13

14 City and Borough of Juneau Administrative Code Title 05: Docks and Harbors Chapter 20: Small Boat Harbor Fees and Charges 05 CBJAC Annual Moorage Table. Length (Feet) 111 $3250 $3880 $ $3275 $3910 $ $3300 $3940 $ $3325 $3970 $ $3350 $4000 $ $3375 $4030 $ $3400 $4060 $ $3425 $4090 $ $3450 $4120 $ $3475 $4150 $ $3500 $4180 $ $3525 $4210 $ $3550 $4240 $ $3575 $4270 $ $3600 $4300 $5000 Section 3. Notice of Proposed Adoption of a Regulation. The notice requirements of CBJ were followed by the agency. The notice period began on January 14, 2005, which is not less than 21 days before the date of adoption of these regulations as set forth below. Adoption by Agency After considering all relevant matter presented to it, the agency hereby amends these regulations as set forth above. The agency will next seek Assembly review and approval. Date: April 8, 2005 John M. Stone Port Director 05 CBJAC Page 14

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