A. 
The policy of the city and borough of Sitka concerning the commercial recreational use of municipal lands is to:
1. 
Maintain and improve municipal lands including parks, open spaces, recreation areas, boardwalks and trails for their primary use by the public and preserve them from activities inconsistent with that primary use;
2. 
Preserve and maintain these public assets for all users; preserve the recreational experience unique to each area; consider impacts upon other users and neighboring property; and ensure public safety on municipal lands;
3. 
Establish rules to minimize environmental damage and mitigate impacts from the commercial recreational use of municipal lands;
4. 
Charge for commercial recreational use of municipal lands and facilities, including lands beyond the Sitka road system, at a fair rate which reflects the cost of providing any improvements, maintenance, services, and administration necessary for the use;
5. 
Establish and enforce uniform rules for commercial recreational use of municipal lands and facilities.
(S.G.C. 23.20.010; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 12-40 § 4, 2012)
A. 
This title applies to all municipal lands and facilities related to commercial recreational use, including Baranof Warm Springs and other locations beyond the Sitka road system. This title also applies to all trails owned by and easements held by the city and borough of Sitka for parks and recreation purposes. This title also applies to trails for which the city and borough holds joint jurisdiction with an agency of the state of Alaska or the United States government.
B. 
Commercial Recreational Use Plan.
1. 
The parks and recreation committee shall develop, maintain, and recommend for adoption a commercial recreational use plan that identifies municipal lands and facilities at which commercial recreational use may be permitted. The commercial recreational use plan may also contain limitations on commercial recreational use at each recreational site or facility including but not limited to hours of operation, use of recreational equipment, size and number of client groups, etc.
2. 
The commercial recreational use plan shall be adopted by the city and borough assembly.
3. 
The commercial recreational use plan may be reviewed periodically by the parks and recreation committee and recommended for modification and/or readoption by the city and borough assembly.
(S.G.C. 23.20.020; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 12-40 § 4, 2012; Ord. 25-02 § 4, 2025)
A. 
No person may conduct commercial recreational activities on city and borough of Sitka lands subject to this title except as authorized by a permit issued by the municipal staff as designated by the administrator.
B. 
The municipality may issue a permit for commercial recreational activities on city and borough lands in accordance with the commercial recreational use plan as described in SGC § 14.10.020(B) and subject to such conditions as the municipality may impose and only upon making the following findings and conclusions that the use as proposed:
1. 
Will not pollute or degrade the environment, resources, facilities, or atmosphere of the area; and
2. 
Will not endanger the public health, safety, and welfare; and
3. 
Will not significantly interfere with the use and enjoyment of the area by other members of the public; and
4. 
Conforms to the commercial recreational use plan as adopted by the assembly.
C. 
A permit may contain conditions reasonably required for the protection and use of the area for which the permit is granted, including limitations as to time, area, equipment, user loading, traffic, parking, discharges, noise, and other factors.
D. 
Permit Application Process.
1. 
The municipality shall annually establish and publish a schedule for permit application opening and due dates, public comment periods, and permit determinations.
2. 
The period between permit application opening and due dates shall be no less than 30 days.
3. 
Within 10 days of the permit application due date, applications will be made available to the public to review. The public shall have no fewer than 20 days to provide comment on any application.
4. 
The municipality shall publish permit determinations. Electronic mail notice, if email address is made available, shall be sent to any person(s) who provided public comment on a permit application.
E. 
Permit determinations. The municipality may make the following permit determinations:
1. 
Approve a permit as described in the application;
2. 
Approve a permit with modifications;
3. 
Approve a permit with conditions;
4. 
Deny a permit (reapplication or resubmittal is permitted); or
5. 
Deny a permit with prejudice (reapplication or resubmittal is not allowed for one year).
In making permit determinations and the required findings and conclusions as described in subsection B of this section, the municipality shall consider evidence submitted in the application, received through public comment, and found in municipal records.
The municipality may deny permit issuance upon a written determination that the required findings and conclusions as described in subsection B of this section could not be made. In making such determination, the municipality shall consider public comment received, the nature and extent of the use, the number of users, and the impacts likely to result from the use, including traffic, noise, public access, loading, the availability of parking and other factors. The municipality may also deny an application for a permit with prejudice based on the permit holder’s past noncompliance with permit requirements and conditions and/or lack of timely payment of permit fees or other taxes or fees owed to the municipality that have occurred in the previous 12 months.
A permit is not transferable. Any new business owner, subsidiary of the primary owner, contractor or other person or entity that obtains the right to operate the business activities contemplated by the permit must apply for and obtain its own permit for those activities.
(S.G.C. 23.20.030; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 25-02 § 4, 2025)
The applicant for a commercial recreational use permit shall pay a fee established by the city and borough assembly that will give the city and borough a fair and reasonable return in light of the cost of administering the activity permitted under the permit, the impact of the proposed activity on the area, the cost of any maintenance and improvements required, and the value of the benefit conferred upon the user. The fee shall be paid prior to the commencement of the permitted activity and should be based on the applicant’s best estimate of the number of clients and number of days of permitted activity that he/she expects for that season. Reconciliation is done at the end of the season and can result in a refund or additional charges.
(S.G.C. 23.20.040; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 25-02 § 4, 2025)
A. 
General liability insurance. Each permittee receiving a permit under SGC § 14.10.030 shall at all times during the period of operations maintain a current commercial general liability insurance policy in the amount of not less than $1,000,000 combined single limit, which policy shall name the city and borough and its officers and employees as additional insureds. The policy shall not contain any self-insured retention or deductible in excess of $1,000, and shall include a provision requiring written notification to be given to the city and borough by the insurance company not less than 30 days before the policy is canceled, modified or terminated for any reason. Permittees shall submit a copy of the policy, or, at the option of the city and borough, a certificate of the policy, to the city and borough prior to beginning any operations or setting up of operations under the permit.
B. 
Vehicle liability insurance. No permit issued under SGC § 14.10.030 shall be issued or continued in effect unless there is in full force and effect a liability insurance policy for each vehicle used to transport persons or materials to, from or within the permit area. The policy shall be issued by an insurance company authorized to do business in the state of Alaska. The limits of coverage provided shall be not less than $1,000,000 for each occurrence (combined single limit for bodily injury and property damage). The policy shall contain a provision for notification to the city and borough of cancellation 30 days prior to such cancellation.
(S.G.C. 23.20.050; Ord. 04-39 § 4, 2004)
A. 
Permits may be issued for a period not to exceed one year.
B. 
Permits are valid only for the dates, times, activities, and areas specified.
C. 
Permit renewals.
1. 
Permits are not automatically renewable. Applicants may annually apply for a permit renewal if they had a valid permit the previous year.
2. 
In the issuance of a permit renewal, priority or preferential consideration may be given, but not guaranteed, for proposed use of the same areas and/or related uses.
D. 
The municipality may issue a temporary permit at any time, valid for not more than 30 days. The application process for a temporary permit shall be established and published by the municipality.
E. 
The municipality reserves the right to revoke permitted activity on particular lands or at particular facilities, with or without notice, for any period of time, if commercial recreational use of said land or facility presents an immediate danger to the public health, safety, or welfare. This provision should be narrowly applied to address hazardous areas or conditions outside the control of permit holders; this provision shall not be used in place of enforcement and penalty provisions found later in this chapter.
(S.G.C. 23.20.060; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 25-02 § 4, 2025)
A. 
Permit holder identification.
1. 
Permit holders and their agents or employees shall have a copy of the permit immediately available for inspection at all times while engaged in activities pursuant to the permit.
2. 
The municipality shall issue a means of visual identification to permit holders and their agents or employees. Visual identification issued by the municipality must be worn by permit holders and their agents or employees at all times while engaged in activities pursuant to the permit and in a manner that is clearly visible to the public.
3. 
It is unlawful for a permit holder or their agents or employees to fail to have a copy of their permit immediately available for inspection, or to fail to wear visual identification issued by the municipality in a manner clearly visible to the public, while engaged in activities pursuant to the permit.
B. 
Permit holders shall be responsible to the city and borough for their actions and those of their agents, employees or customers while engaged in permit activities. The following operating requirements apply to activities conducted under the permit unless otherwise specified in a permit:
1. 
No one may obstruct traffic, litter, use glass containers, nor disturb, damage, deface or remove natural objects including trees, plants, moss, rock, gravel, or minerals, nor disturb or remove cultural, archaeological, or historical material;
2. 
Activities conducted under the permit shall be confined to the area stipulated in the permit application except as required for safety reasons;
3. 
No alterations or improvements to the permitted area are allowed, nor may anything be posted or signs of any kind be installed in the area unless expressly allowed by written permission of the municipality;
4. 
No one may fish or hunt under this permit unless expressly allowed by written permission of the municipality. No one may harass wildlife. Camping or lighting fires may be permitted in designated areas or areas stipulated in the permit application and subject to approval of the municipality;
5. 
The permit holder shall promptly notify the municipality of any accident, injury, or claim relating to the permitted activity;
6. 
The permit holder shall promptly notify the municipality of any repair or maintenance needed in the permitted area, or any natural condition which constitutes a hazard. The permit holder shall not make any repair or alteration to the area unless required by an emergency and shall promptly report such repair or alteration to the municipality;
7. 
Permit holders shall comply with all state, federal, and local laws applicable to their activities;
8. 
Permit holders shall properly dispose of all litter and waste;
9. 
The permit holder shall reimburse the city and borough of Sitka for any damage to municipal property caused by the permit holder while engaged in permit activities, including the cost of litter abatement, removal of structures or remediation of the site to its original condition;
10. 
No pets shall accompany any person engaged in permit activities unless the pet is restrained on a leash and all fecal material is promptly removed and properly disposed of;
11. 
No equipment or supplies may be stored at any municipal facility or permit area unless written approval by the municipality is secured in advance;
12. 
All vehicles under the ownership or control of the permit holder shall be lawfully operated or legally parked while the permit holder is engaged in permit activities. The permit holder shall be responsible for following all parking restrictions and requirements imposed by permit conditions.
(S.G.C. 23.20.070; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 25-02 § 4, 2025)
A. 
Any commercial recreational entity found to be operating on municipal lands without a permit from the city and borough of Sitka is guilty of a violation, and the offense shall be punishable by a fine of not more than $500.00. Each and every day during any portion of which a violation is committed, permitted, or continued shall be a separate offense and shall be punished accordingly if so charged.
B. 
Temporary permit suspensions.
1. 
A permit in whole, or particular activities authorized under a permit, may be temporarily suspended for no more than 30 days by the municipality without advance notice if any activities conducted under the permit present an immediate danger to the public health, welfare, or safety, or if the suspension is found to be in the best interests of the city and borough of Sitka.
2. 
The municipality shall provide the permit holder with notice of a temporary suspension via electronic mail and certified mail to include:
a. 
The effective date of temporary suspension;
b. 
The permitted activities that are temporarily suspended;
c. 
The reason(s) for temporary suspension; and
d. 
Corrective actions for the permit holder to take.
3. 
A temporary suspension will automatically be void after 30 days unless the municipality voids it sooner through written notice to the permit holder, or unless the temporary suspension is superseded by an indefinite suspension or revocation. The municipality shall not unreasonably withhold relief of a temporary suspension if the permit holder provides evidence that all reasonable efforts to complete corrective actions as identified in the notice of temporary suspension have been taken.
C. 
Indefinite permit suspensions.
1. 
A permit in whole, or particular activities authorized under a permit, may be suspended indefinitely by the municipality with no fewer than 30 days’ advanced notice beginning on the date of electronic mail delivery upon written findings that any permittee activities, or permittee nonaction, violate the provisions of this chapter or any requirements or conditions of the permit. The permit holder may also be subject to fines for such violations as described in subsection (E)(2) of this section.
2. 
The municipality shall provide the permit holder with notice of an indefinite suspension via electronic mail and certified mail to include:
a. 
The effective date of indefinite suspension;
b. 
The permitted activities that will be indefinitely suspended;
c. 
The reason(s) for indefinite suspension;
d. 
Any fines imposed against the permit holder;
e. 
Corrective actions for the permit holder to take, including payment of fines, in order to prevent or lift the indefinite suspension.
3. 
The indefinite suspension shall remain in effect unless the municipality voids it through written notice to the permit holder. The municipality shall not unreasonably withhold relief of an indefinite suspension if the permit holder provides evidence that all reasonable efforts to complete corrective actions as identified in the notice of indefinite suspension have been taken.
D. 
Permit revision and revocation.
1. 
A permit in whole, or authorization of particular activities under a permit, may be revised or revoked by the municipality with no fewer than 30 days’ advanced notice beginning on the date of electronic mail delivery if the findings and conclusions listed in SGC § 14.10.030(B)(1) through (B)(4) can no longer be made about the use in practice and as permitted.
2. 
The municipality shall provide the permit holder with notice of a revision or revocation via electronic mail and certified mail to include:
a. 
The effective date of revision or revocation;
b. 
The permitted activities that will be revised or revoked:
c. 
The reason(s) for revision or revocation;
d. 
The opportunity for the permit holder to submit a proposal for modification to include alternative revisions, additional permit conditions, or other mitigations for the municipality’s consideration within 10 days of the notice.
3. 
If the permit holder submits a proposal for modification, the municipality shall determine whether the findings and conclusions listed in SGC § 14.10.030(B)(1) through (B)(4) can be made about the use as modified within 10 days of receiving the permit holder’s proposal for modification. A written notice of such determination shall be provided to the permit holder indicating whether:
a. 
The proposal for modification has been accepted by the municipality, thereby voiding the previous notice of revision or revocation; or
b. 
The proposal for modification has been rejected by the municipality, thereby validating the previous notice of revision or revocation.
4. 
In the case a proposal for modification is accepted by the municipality, the municipality will reissue the permit to incorporate the provisions of the accepted modifications.
E. 
Penalties for permit holder violations.
1. 
If the municipality finds that a permit holder has grossly underreported as defined in the application, the number of clients in year-end reconciliation reports, the permit holder shall be required to pay the per client fee for the underreported clients, as well as a penalty equivalent to two times the per client fee for each underreported client. Subsequent permits will not be issued until all fees and penalties have been paid.
2. 
Any other violations of the provisions of this chapter or as outlined in the permit will be subject to a daily violation fine not to exceed more than $100.00 per day.
3. 
Making a false statement or presenting false or purposefully altered documents is prohibited and may be grounds for indefinite permit suspension. This provision applies to all persons, agents, and employees conducting activities under the authority of this permit.
(S.G.C. 23.20.080; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 25-02 § 4, 2025)
A. 
Appeals to the administrator. Appeals of permit determinations, temporary permit suspensions, indefinite permit suspensions, permit revisions or revocations, or any fines or penalties imposed by the municipality shall be heard by the municipal administrator or by his/her designee.
1. 
Filing. Appeals shall be addressed to the municipal administrator and filed with the municipal clerk within 10 days of the permit determination date or notice of suspension, revocation, revocation, or imposition of fines or penalties as applicable.
2. 
Contents. The appeal shall contain the decision being appealed, the name and address of the appellant and their interest(s) in the matter, the specific reasons why the appellant believes the decision to be wrong, and the desired outcome or requested changes to the decision. The appellant may also, but is not required to, request a hearing before the municipal administrator; such request must be included in the contents of the appeal.
3. 
The municipal administrator shall only grant an appeal if they determine that the subject decision was made in error with regard to municipal staff’s administration and application of the provisions of this chapter. The appellant shall bear the burden of proving the decision was made in error.
4. 
Hearing. Upon request for a hearing, a hearing shall be held before the municipal administrator. The hearing shall be set and conducted within five days of the request, holidays, Saturdays, and Sundays not to be included.
5. 
Final decision. The municipal administrator shall issue a final decision on the appeal within 10 days of the appeal filing date if no hearing was requested, and within 15 days of the appeal filing date if a hearing was requested. The parks and recreation committee shall be provided a copy of all final decisions on appeals.
B. 
Reconsideration by the assembly. A party to an appeal may seek assembly reconsideration of a final decision as issued by the municipal administrator.
1. 
Filing. Requests for reconsideration shall be made in writing and filed with the municipal clerk within 10 days of the final decision.
2. 
Contents. The request for reconsideration shall contain the final decision to be reconsidered, the name and address of the requesting party and his/her interest(s) in the matter, the specific reasons why the requesting party believes the decision to be wrong, and the desired outcome or requested changes to the decision.
3. 
The assembly shall only grant a request for reconsideration if it finds by a preponderance of the evidence that the subject denial was made in error. The requesting party shall bear the burden of proving the decision was made in error.
4. 
The assembly shall consider the request at its next regularly scheduled meeting, at which it may grant or deny the request. If the request is denied, the previous action shall remain final. If the request is granted, the assembly may:
a. 
Remand the matter back to the municipal administrator, specifying the items or issues to be considered and the timeframe for completing the additional work; or
b. 
Call for argument. If the assembly calls for argument, the assembly shall set a meeting date to hear argument either in public or executive session. When setting a meeting date to hear argument, the assembly shall also establish the hearing procedure, specify items or issues to be addressed in argument, and identify person(s) to be called for argument. After hearing argument, the assembly may:
i. 
Uphold the decision as made by the municipal administrator;
ii. 
Revise the decision as made by the municipal administrator; or
iii. 
Overturn the decision as made by the municipal administrator.
5. 
Decisions made by the assembly are final.
(Ord. 25-02 § 4, 2025)
As used in this chapter:
“Commercial recreational use” or “commercial purpose”
means the sale, delivery, or solicitation to provide goods or services in exchange for valuable consideration. The term includes a service offered in conjunction with another sale of goods or services whether or not it is incidental to, advertised with, or specifically offered in the other sale. All guide, outfitter, and transportation services are commercial activities if any payment or valuable consideration through barter, trade, cash or other commercial means is required, expected or received beyond the normal and customary, equally shared cost of food and fuel for any portion of activities conducted on city lands, trails, boardwalks or easements. Commercial recreational use also includes but is not limited to: fishing, hunting, hiking, biking, photography, nature or cultural history tours, etc.
“Guiding”
means providing services or assistance (such as supervision, protection, education, training, packing, touring, transporting people or interpretation) for monetary or other gain to individuals or groups on municipal lands.
“Municipal lands”
means any real property and improvements owned by the city and borough of Sitka.
“Outfitting”
means renting on or delivering to municipal lands for monetary or other gain any vehicle, bicycle, e-bike, boat, kayak, canoe (motorized or human powered), camping gear, or other similar supplies or equipment.
“Permittee” or “permit holder”
means the business entity or its authorized representative conducting commercial activities in a recreation area according to a permit issued under these regulations.
“Trail”
means footpaths, bridle paths, bicycle paths, ski trails, dog sled trails, motorized vehicle trails, a road or street that is open to public and used as a trail and other paths and trails along highways, streets, roads or boardwalks maintained by the city and borough of Sitka.
(S.G.C. 23.20.090. Formerly 14.10.090; Ord. 04-39 § 4, 2004; Ord. 06-14 § 4, 2006; Ord. 12-40 § 4, 2012; Ord. 25-02 § 4, 2025)