The following terms shall have the following meanings for purposes of this title:
(A) "ALASKA TIDELAND SURVEY (ATS)." "Alaska Tideland Survey" or "ATS" means that platted surveyed, monumented and recorded tidal and submerged land areas that reflects a specific horizontal shore side boundary and depth to the approved director's line, established by the Director of Division of Lands, Alaska Department of Natural Resources.
(B) “AUTHORIZED EMERGENCY VESSELS.” “Authorized Emergency Vessels” means any authorized vessel of the Port Director, Harbormaster, City of Unalaska, the United States Government and State of Alaska authorized patrol vessels.
(C) "DEPUTY PORT DIRECTOR" means the duly retained Deputy Port Director of the City of Unalaska, Alaska or his or her designated representatives.
(D) “DERELICT.” “Derelict” means any vessel moored or otherwise located in the boundaries of the port or at port facilities that is forsaken, abandoned, deserted, or cast away; or that by appearance gives evidence of being forsaken, abandoned, deserted, or cast away, or that is unsound, unseaworthy, and unfit for its trade or occupation, and that by any substantial evidence of neglect may be considered abandoned.
(E) “HARBORMASTER.” “Harbormaster” means the duly retained Harbormaster of the City of Unalaska, Alaska, or his or her designated representatives.
(F) "HARBOR OFFICER" means the duly retained Harbor Officer(s) of the City of Unalaska, Alaska.
(G) “LOADING AREAS.” “Loading Areas” means those approaches and designated areas of any float or dock that are posted and marked for use by the general public for the purpose of loading and unloading of supplies, equipment and stores.
(H) “MOORING FACILITIES FEE.” “Mooring Facilities Fee” is that fee which is charged to a vessel operator, in consideration for being granted a reserved mooring space in the port facilities.
(I) “MOORING FACILITIES USE FEE.” “Mooring Facilities Use Fee” is that fee charged to a vessel operator for the use of an open mooring space in the port facilities or a vacant reserved mooring space.
(J) “NUISANCE.” “Nuisance” means any condition which creates a danger, health hazard, attractive nuisance, a hazard to foot traffic on city floats and docks, or otherwise impedes the safe negotiation of docks, floats, and other facilities, by foot traffic, including defecation by a pet or other kept animal on a city float, dock or other port facility, or unnecessary and avoidable noise, such as loud music, between the hours of 10:00 p.m. and 7:00 a.m., and that disturbs the quiet enjoyment of users of the port or residents of the City of Unalaska.
(K) “OPEN MOORING SPACE.” “Open Mooring Space” means mooring space that has not been set aside and posted as a reserved mooring space and which is available on a “first-come-first- served” basis.
(L) "PORT." "Port" means the International Port of Dutch Harbor, and includes, but is not limited to, all port facilities and waters within the jurisdiction of the City of Unalaska as defined by the city limits of the City of Unalaska.
(M) “PORT DIRECTOR.” “Port Director” means the duly appointed Port Director of the City of Unalaska, Alaska or his or her designated representatives.
(N) “PORT FACILITIES.” “Port Facilities” are those improvements and their appurtenant areas within the jurisdiction of, and owned by, the City of Unalaska and that are adapted to the purpose of securing and/or servicing vessels. The term includes, but is not limited to, docks, mooring devices, floats, fingers, stalls, gridirons, and other appurtenances.
(O) “RESERVED MOORING SPACE.” “Reserved Mooring Space” means mooring space which has been set aside and posted for long-term mooring with the prior knowledge and approval of the Harbormaster, following payment of the appropriate fee.
(P) “TIDAL AND SUBMERGED LAND.” “Tidal and Submerged Land” or "Tide and Submerged Land" means those lands which are periodically covered by tidal waters between the elevation of mean high and mean low tides.
(Q) “VESSEL.” “Vessel” means watercraft of every kind and descriptions, including but not limited to boats, barges, houseboats, rafts, ships and skiffs.
(R) “VESSEL OPERATOR.” “Vessel Operator” means the actual or registered owner, master, managing agent, person in navigational control of, and any other person responsible for the physical operation of the vessel.
(Am. Ord. 2021-03, passed 1-26-2021)