The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Bay"
means the tidal waters within the port.
"Berth"
means every pier, bulkhead, quay, dock, landing, float, gridiron and other structure to which a vessel can make fast or upon which persons or cargo can be unloaded from and loaded onto a vessel.
"Chief administrative officer"
means the municipal manager.
"Don Young Port of Alaska" and "port"
means the port property as defined by Tracts H and I, Port of Alaska Subdivision, Addition 1, per Plat No. 2015-122, and Tract J, Port of Alaska Subdivision, Addition No. 2, per Plat No. 2012-19, tidelands which have been transferred to the municipality, and tidal waters within the corporate limits of the municipality, exclusive of those areas which have been dedicated for permanent park and recreational purposes or are within the exclusive jurisdiction of either the state or the United States.
"Port of Alaska User's Group"
means the association of primary users and long-term tenants of the Port autonomously organized for purposes of addressing issues and concerns of common interest to its members and provide comment on the Port of Alaska Modernization Program.
"Port director"
means the director of the port or the director's designee.
"Tariff charges"
means those charges included in the current Don Young Port of Alaska terminal tariff as filed with the Federal Maritime Commission.
"Vessel"
means any type of ship, boat or navigable structure suitable for the transportation of property or persons, and the owner and master thereof.
(CAC 12.08.020; AO No. 78-177; AO No. 79-58; AO No. 82-49; AO No. 85-8; AO No. 2016-116, § 1, 10-18-2016; AO No. 2017-122(S), § 3, 10-24-2017; AO No. 2023-81, § 8, 1-9-2024; AO No. 2024-67(S-1), § 3, 8-13-2024)
A. 
Membership.
1. 
The port commission shall consist of nine members appointed by the mayor and confirmed by the assembly; and
2. 
Notwithstanding the qualifications of board and commission members set out in section 4.05.035A and B, up to two members of the port commission may be Alaskan citizens who are not residents of the municipality.
3. 
Notwithstanding the physical presence attendance requirements set out in section 4.05.060F, members of the port commission may attend and participate in meetings using telephonic or video conferencing equipment or facilities, provided a member's attendance in such manner is disclosed on the record.
B. 
Powers and duties. The port commission shall regulate the operation of terminal and transportation facilities at the port by promulgating a terminal schedule containing rates, charges, rules and regulations applicable at the port and subject to the approval of the assembly, and to be made available to the Federal Maritime Commission on request. However, a charge or change thereto for the exclusive purpose of financing related to Port of Alaska Modernization Program capital improvements may be initiated and approved by the assembly, and subsequently included in the terminal schedule so long as such inclusion is accomplished prior to application of the charge or change to it.
C. 
Regulations. The port commission may, pursuant to chapter 3.40, promulgate rules and regulations relating to the operation of terminal and transportation facilities at the port.
(CAC 12.04.010, 12.04.040, 12.04.050; AO No. 78-177; AO No. 89-21; AO No. 2002-172, § 1, 1-28-2003; AO No. 2013-55, § 2, 4-23-2013; AO No. 2024-85, § 1, 9-24-2024)
A. 
Board established, purpose.
1. 
The Port of Alaska Modernization Program (PAMP) is a necessary project that will:
a. 
Enable safe, reliable, and cost-effective port operations.
b. 
Improve resiliency to enable facilities to survive extreme seismic events and Cook Inlet's harsh marine environment with minimal operation disruption for at least 75 years.
c. 
Update facilities to improve operational efficiency and sustainably accommodate modern shipping operations (e.g., support larger, deeper draft vessels, etc.).
d. 
Optimize facilities to accommodate changing statewide economic and market needs (e.g., petroleum product shipments are increasing significantly faster than general cargo growth due to Flint Hills refinery closure in 2014).
e. 
Optimize project scope, schedule, and budget to deliver practical, timely, and cost-effective port modernization program.
2. 
It is in the collective interest of the residents of Alaska, the Don Young Port of Alaska, and the petroleum and cargo users of the port to see PAMP's mission undertaken in an efficient and collaborative manner, to secure third-party funding sources, and to ensure such efforts do not interfere with internal development activities of the port users.
3. 
To further coordination among these interested parties, the Don Young Port of Alaska Modernization Program (PAMP) and Design Advisory Board is established to hear disputes between the users and the port administration regarding non-structural engineering design criteria (user requirements), seismically resilient dock designation and project management for future cargo and fuels infrastructure to assist in moving the program forward.
B. 
Membership. The Don Young Port of Alaska Modernization Program Advisory Board (PAB) shall consist of six voting members. Members of the board shall be appointed by the mayor and confirmed by the assembly. The port director shall provide or designate staff support for PAB.
1. 
The six voting members of the board shall include:
a. 
The municipal manager or designee. The designee may not be the Port Director or any other current employee of the Don Young Port of Alaska. Upon a new mayor being seated, this position shall be deemed vacant until the Manager is confirmed.
b. 
A member nominated by the primary Lift On Lift Off (LOLO) operator.
c. 
A member nominated by the primary Roll On Roll Off (RORO) operator.
d. 
A member representing a cement user, nominated by the Don Young Port of Alaska User's Group.
e. 
A member representing a petroleum user, nominated by the Don Young Port of Alaska User's Group.
f. 
One member nominated by the building trades council that has substantial experience relevant to complex public construction projects.
2. 
Notwithstanding the qualifications of board and commission members set out in section 4.05.035A and B, up to two members of the board may be Alaskan citizens who are not residents of the municipality.
C. 
Meetings and procedures of the board are as follows:
1. 
PAB shall meet as often as determined necessary by the board, and not less than twice a year.
2. 
The Don Young Port of Alaska will provide project updates as needed to the board, but not less than quarterly.
3. 
A majority of seats of PAB shall constitute a quorum.
4. 
An affirmative vote of a simple majority of the full PAB is required to approve any substantive motion or measure.
5. 
The Director of the Don Young Port of Alaska or designee shall serve as staff to PAB.
D. 
Purpose and duties. The PAB shall review and provide input on design concepts for future cargo and fuels infrastructure; receive reports on construction process plans, progress, and project financing, and changes to them; and provide feedback on such reports as the board deems appropriate.
1. 
Recommendation of design concepts and dispute resolution to the mayor. PAB is advisory to the mayor and assembly.
a. 
PAB shall advise the mayor to propose for adoption by the assembly design criteria to govern additional cargo and fuels infrastructure at the Port of Alaska.
b. 
The port director will submit to the PAB for notification any changes that impact users' operations, or impact project costs by the lesser of $2,000,000.00 or five percent of the specific project costs.
c. 
When a board report is not approved by a unanimous vote of PAB, any member not agreeing with the vote may transmit a minority letter expressing their perspective to the mayor and assembly.
d. 
If a recommendation receives approval by PAB, the mayor shall submit a memorandum to the assembly and the port director shall present it at a meeting of the assembly's committee that oversees the port as soon as practicable.
2. 
Assembly review and approval.
a. 
Administration review and assembly submission. Not more than 60 days after receiving from PAB a recommended basis-of-design document, the mayor shall submit a proposed basis-of-design document for assembly review and approval. The mayor shall also submit contemporaneously an information memorandum with the original document proposed by PAB, and any letters. To the extent that the basis-of-design document proposed by the mayor differs in any material aspect from the document proposed to the mayor by PAB, the mayor shall describe for the assembly the considerations that led the mayor to depart from PAB's recommendation.
b. 
Assembly approval. After receiving a proposed basis-of-design document from the mayor, the assembly shall review and hold a public hearing; except when the board unanimously approves a recommendation no public hearing is required unless a public hearing is required by some other code section. The assembly may approve the design concept with such changes as it deems necessary or advisable, in the best public interest.
3. 
Construction and financing. PAB shall also receive from the port director regular reports of financing; the construction process forecasting, planning, and sequencing; any disruptions or shortfalls in such plans; and of proposed change orders to approved construction plans.
a. 
The port director shall submit for PAB's review and information:
i. 
Annually: A PAMP status report to include an overview of each project in the Plan, including the plan of finance, and its status.
ii. 
Quarterly: A construction process report to include the progress for each project and its phases, projected financing needs, and changes in sequencing or timing from previous reports.
iii. 
When received as soon as practicable: A summary of any change order to approved construction plans; any unanticipated project disruptions that require stop work; and any emergency situation that significantly impacts the PAMP construction progress.
b. 
PAB may provide commentary or make recommendations to the port director, mayor or assembly regarding any of the construction process plan information and reports described in this subsection D.3. Any board member who does not support PAB's commentary or recommendation on a particular matter may issue a separate letter to the port director, mayor or assembly.
c. 
The port director shall provide to the assembly's committee that oversees the port as soon as practicable a copy of reports and recommendations described in this subsection D.3.
(AO No. 2020-81, § 2, 8-27-2020; AO No. 2023-81, § 8, 1-9-2024; AO No. 2024-67(S-1), § 2, 8-13-2024)
A. 
Appointment. The mayor shall appoint the port director after consideration of the recommendations of the municipal manager and the port commission.
B. 
Powers and duties. The port director shall:
1. 
Be the chief administrator of the port.
2. 
Perform the duties imposed by state or federal law upon harbormasters, port directors and administrative directors of harbors and ports.
3. 
Regulate the use of municipal berths, including the allocation of berth space and their use.
4. 
Remove or cause to be removed to a place of safety, any motor vehicle found parked within the port:
a. 
In violation of this chapter;
b. 
In violation of any provisions of title 9; or
c. 
In such a manner as to create a significant danger to the safety of persons or property.
5. 
Take corrective action, including rendering such performance, if a vessel or person fails to comply with a provision of this chapter, an order of the port director or a rule or regulation promulgated pursuant to this chapter.
(CAC 12.04.070, 12.08.040, 12.08.070—12.08.080; AO No. 78-177; AO No. 79-58; AO No. 80-19(S); AO No. 82-49; AO No. 85-8; AO No. 2016-116, § 1, 10-18-2016)
A. 
No person may make fast a rope or line to any structure other than a mooring bitt or bollard provided for that purpose.
B. 
Every vessel lying at a berth shall be made fast with head and stern lines in a manner approved by the port director.
C. 
No vessel lying at a berth may be docked with lines stretching across the berth to the opposite berth without first obtaining permission from the port director.
D. 
Except in an emergency, no person may make fast or attach a vessel to a municipal buoy without first obtaining permission from the port director.
E. 
Every vessel lying at a wharf shall comply with all directions of the port director with respect to its rigging.
F. 
Any vessel lying across the end of a municipal wharf or whose stern or bow extends beyond the edge or end of such wharf or which is berthed alongside another vessel which is moored at a wharf shall be strictly liable for any damage it causes to itself or to another vessel without regard to the fault or negligence of any person.
G. 
Every vessel lying alongside a wharf or another vessel berthed at a wharf shall from sunset until sunrise be equipped with gangways and manropes as may be required by the port director. Every gangway used for access after dark shall be brightly illuminated and monitored by the vessel.
H. 
A vessel docked at a berth or to another vessel which is docked at a berth shall always have on board at least one officer and such seamen as are required to care for and move the vessel. This section does not apply to vessels anchored at the Ship Creek Small Boat Launch.
I. 
No vessel may be continuously anchored at the Ship Creek Small Boat Launch for longer than 72 hours.
(CAC 12.08.090, 12.08.110, 12.08.130, 12.08.150—12.08.160, 12.08.440; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A. 
The port director may execute long-term preferential berthing agreements subject to the approval of the port commission, the assembly and the Federal Maritime Commission. A preferential berthing agreement extends to the privileged vessel a right to occupy a designated berth and does not preclude other vessels from using that berth when it is unoccupied.
B. 
The port director may extend temporary preferential berthing privileges to a vessel upon request if the port director finds that it can be done safely and without hardship to other vessels.
(CAC 12.08.070; AO No. 78-177)
No vessel may use the dolphins on the outer ends of a berth to break up, warp around, turn around or swing with its stem against the berth.
(CAC 12.08.100; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A. 
No vessel may remain in a position which interferes with the docking or passage of another vessel or creates a danger to persons, vessels or property after the port director has ordered it to move.
B. 
No person may obstruct a municipal basin, channel or berth so as to interfere with the docking, passage or activity of a vessel. The port director may remove any such obstruction if the owner thereof fails to do so within 24 hours after its discovery by the port director.
C. 
No structure, material or substance that can sink in water or obstruct navigation may be deposited in the inlet or on the shore of the inlet unless written permission is first obtained from the port director.
D. 
When ballast, stone, coal, bricks, scrap, dirt, rubbish or other loose material or matter that can sink in water is being unloaded from or loaded onto a vessel, a canvas chute or similar contrivance shall be used to prevent spills into the inlet.
E. 
The owner of a vessel which sinks, is grounded or is delayed so as to interfere with navigation, obstruct the port, or endanger persons or property shall post warnings on the vessel that can be seen during the day and night and remove the vessel as soon as possible.
(CAC 12.08.120, 12.08.140, 12.08.270, 12.08.350, 12.08.370; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
Any vessel that enters or is within the port in a condition which renders it dangerous to persons or property shall be handled according to the directions of the port director.
(CAC 12.08.360; AO No. 78-177)
A. 
The port director may direct a vessel to depart for the protection of persons or property, to ensure efficient use of the port, or in response to the vessel's failure to remit required charges or tariffs.
B. 
Upon the order of the port director, a vessel shall immediately vacate its berth so that a preferred vessel may berth there. Failure of a vessel to comply with such an order shall be a violation of this section and will subject the vessel to liability for all damage sustained by the preferred vessel.
(CAC 12.08.170; AO No. 78-177)
The port director may assume custody of apparently lost, abandoned or stolen vessels or property found within the port and shall dispose of it pursuant to title 7, except that the port may recover the costs incurred by it for recovery and storage of the vessel or property, if any, from the proceeds of sale. If the vessel or property is timely claimed by the owner, the port may require reimbursement for the costs incurred prior to releasing the property or vessel.
(CAC 12.08.380; AO No. 78-177)
The person in control of a vessel shall furnish the port director with a complete copy of the manifest showing all cargo loaded or discharged at any berth. An inbound manifest will be furnished prior to or at the time of the vessel's arrival, and an outbound manifest will be furnished prior to or at the time of the vessel's departure.
(CAC 12.08.390; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A. 
No vessel may leave the port before payment of all tariff charges incurred by that vessel, and such cargo as was discharged from or loaded upon that vessel, has been tendered to the port director, or such alternative arrangements as are satisfactory to the port director have been made.
B. 
An owner, shipper, consignee or agent for cargo discharged from or loaded upon a vessel shall pay the tariff charges incurred with respect to that cargo. Payment shall be made before such cargo leaves the port.
(CAC 12.80.410; AO No. 78-177)
A. 
No motor vehicle which is dripping gasoline or another petroleum product may enter upon or cross a dock.
B. 
No motor vehicle may take on or discharge gasoline or petroleum products while it is on a dock. If the gasoline in a motor vehicle is exhausted while the vehicle is on a berth, the vehicle shall be towed from the area.
C. 
No motor vehicle operated by gasoline or another petroleum product may come on a dock except to load or unload freight or passengers. Any other motor vehicle found on a dock may be removed by the port director.
D. 
If an owner or operator of a motor vehicle willfully disregards this chapter, the port director may deny dock access to that person.
(CAC 12.08.250; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A. 
No explosive may be transported between a berth and vessel except with the permission of and pursuant to safety conditions imposed by the port director. A special permit shall be obtained from the port director before any explosives are placed on a dock.
B. 
No person may transport explosives between a vessel and a berth except between the hours of 6:00 a.m. and 6:00 p.m. A safety watch shall be maintained at the expense of the cargo owner while explosives are being transported.
C. 
If the transportation of explosives cannot be completed between the hours of 6:00 a.m. and 6:00 p.m., the person in charge or control of the vessel shall cause such vessel to haul away from the berth and anchor in such part of the port as may be designated by the port director until such time as the activity may continue under this section.
D. 
A red flag shall be displayed as a danger signal at the fore topmast head of the vessel while explosives are being transported between a vessel and the berth.
(CAC 12.08.260; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A. 
A vessel berthed at a dock or lying alongside another vessel so berthed may load gasoline or distillate only with the approval of the port director and only when the vessel is otherwise ready to depart. Delivery shall be made directly to the vessel from a motor vehicle, which shall leave the dock immediately upon completion of the loading.
B. 
No person may possess or keep acids, coal oil, gasoline, distillate other liquid petroleum products or empty drums which previously contained such products on a dock except by special permit issued by the port director.
C. 
No vessel loaded with oil which will flash below 110 degrees Fahrenheit may haul alongside a vessel, berth or structure without prior permission from the port director.
D. 
A vessel engaged in the business of supplying fuel oil may haul or lie alongside a vessel or berth only for so long as is required to discharge the fuel oil.
E. 
Each user of a berth shall furnish an absorbent material approved by the port director for absorption of waste oil. When saturated, absorbent material shall be removed immediately from the port.
(CAC 12.08.190—12.08.240; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A. 
Bonfires and open fires are prohibited at the port.
B. 
No person may bring welding equipment or engage in welding activity on a berth without prior permission from the port director.
(CAC 12.08.180; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A. 
Upon receiving written notice of a dangerous condition on a berth from the port director, the person responsible therefor shall immediately abate that condition or post warnings and barriers around it until such time as it can be abated.
B. 
No person may interfere with or molest a barrier which bars or obstructs the use of a berth.
C. 
If any portion of a berth should fall into the inlet, the owner, agent or lessee thereof shall remove immediately the fallen material from the inlet to such place as the port director designates.
(CAC 12.08.280—12.08.290; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
Every owner, agent or lessee of a berth shall furnish ring life preservers with ropes or lines at least 200 feet in length attached thereto. This equipment shall be of a number, size, character and material prescribed by the port director and shall be stored on the berth in the manner and place prescribed by the port director.
(CAC 12.08.300; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
A person who is involved in an incident at the port which results in the injury or death of a person or damage to property shall immediately notify the port director. If the director's office is closed, notice shall be given to the municipal police department. This notice shall include the name, telephone number and address of the person reporting the type and extent of the injury or damage, the identity of any injured person, the location where the injury or damage occurred, and the date and time when the injury or damage occurred.
(CAC 12.08.060; AO No. 78-177; AO No. 2016-116, § 1, 10-18-2016)
No person may sell or solicit the sale of goods or services without a written permit authorized by the port commission and issued by the port director. The permit may limit sale activity so as to prevent it from interfering with the safe and efficient operation of the port.
(CAC 12.08.430; AO No. 78-177)
A. 
If a vessel or person fails to comply with the provisions of this chapter, a rule or regulation promulgated pursuant to this chapter or an order of the port director, and the port director initiates corrective action, the vessel or person shall be liable for all expenses, including administrative overhead, incurred by the port in executing the corrective action.
B. 
If the port director takes possession or control of a vessel or other property in the course of taking corrective action, such possession or control may be continued until such time as the expenses required by this chapter are paid. If expenses remain after 90 days, the port director may treat the vessel or property as abandoned and may proceed in accordance with section 11.50.120.
C. 
Initiation of corrective action under this section is a discretionary function of the port director.
(CAC 12.04.460; AO No. 78-177)
Any person who damages any property owned by the port shall be strictly liable to the port without regard for fault or negligence for all costs incurred by the port in repairing or replacing the damaged property, including administrative overhead.
(AO No. 78-177)
A. 
The port director may inspect a vessel, its crew and its cargo for the purpose of determining whether they pose a threat to the health, safety or welfare of the port facility or personnel.
B. 
Except as provided by subsection C of this section, no inspection for which a warrant would be required under the constitution of the state or the United States may be conducted under this section unless the port director first obtains an administrative inspection warrant authorizing that inspection and exhibits the warrant to the master of the vessel prior to the inspection. The port director shall apply to the trial courts of the state for inspection warrants. The application shall identify the vessel to be inspected, the authority to make the inspection, the nature and extent of the inspection, and those facts or circumstances which demonstrate a valid public purpose in the effective enforcement of this title sufficient to justify such inspection. Warrants issued under this section shall be returned in ten days.
C. 
Where the port director finds that such action is necessary to prevent an immediate and substantial danger to the public health, safety or welfare, the port director may make an inspection permitted under subsection A of this section without an administrative inspection warrant. Such inspections shall be done peaceably and without violence or harm to persons or property.
(AO No. 78-177)
A. 
The Don Young Port of Alaska shall pay a municipal enterprise service assessment (MESA) for governmental services provided by the municipality, other than those services received by the Don Young Port of Alaska from the municipality on a contract or interfund basis.
B. 
The MESA for the Don Young Port of Alaska shall be calculated in accordance with subsection B.1 below, provided, however, that leasehold improvements and public access or public right-of-way improvements shall be excluded from the Port's adjusted plant in service.
1. 
The Port's MESA equals the value of the Port's adjusted plant in service multiplied by the annual mill rate.
a. 
For purposes of this subsection B, "mill rate" means the aggregate of general property tax mill rates levied against taxable property in the Port's taxing district in the calendar year preceding the MESA payment including all areawide general property tax mill rates and general property tax mill rates levied in service areas within which the Port is located.
b. 
For purposes of this subsection B, "adjusted plant in service" means the final, year-end, audited net classified non-contributed plant in service value, less exclusions specified in subsection B of this section, for the calendar year preceding the mill rate year (e.g., a 1999 MESA payment would be based on the 1998 mill rate multiplied by the December 31, 1997 adjusted plant in service). The term "net" means plant values which are net of accumulated depreciation and amortization and the term "non-contributed" means that portion of a capital improvement funded directly with Port funds.
C. 
The Don Young Port of Alaska shall budget annually for the MESA as an operating expense. It is the policy of the municipality that the MESA be considered a part of the Don Young Port of Alaska rate base as it represents a contribution to local government services comparable to that contributed by municipal utilities and private property owners. In the event that MESA cannot be treated as an operating expense and recovered through the Don Young Port of Alaska rate base, Don Young Port of Alaska retained earnings, if available, may be used to fund the MESA payment.
D. 
The payment of MESA shall be made on the first business day of July of each calendar year.
(AO No. 98-107, § 1, 1-1-1999; AO No. 2014-57(S), § 1, 5-20-2014; AO No. 2017-122(S), § 3, 10-24-2017; AO No. 2019-135, § 1, 12-3-2019; AO No. 2023-81, § 8, 1-9-2024)