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THE CORPORATION OF THE VILLAGE OF ALERT BAY
"HOME OF THE
KILLER WHALE"
BYLAW NO. 730
A BYLAW TO MANAGE HARBOUR
FACILITIES
IN ALERT BAY
WHEREAS
it is deemed
desirable
to acquire,
hold, use, manage
and improve
the Alert Bay Boat
Harbour, a Department
of Fisheries
and Oceans
Small Craft Harbour
facility;
AND WHEREAS
the Village owns and operates
the Alert Bay Municipal Wharf facility;
AND WHEREAS
it is deemed
advisable
to establish
and regulate
moorage
rates
and regulations
for the operation
of all harbour
facilities owned or operated
by the Village of Alert Bay;
NOW THEREFORE,
the Corporation
of the Village of Alert Bay, in an open
meeting
assembled,
enacts
as follows:
1.
Citation
This bylaw may be cited as "Harbour
Bylaw No. 730, 2009".
2.
Definitions
In this bylaw, the following
definitions
will apply
"Abandoned"
means
leaving
a vessel
or watercraft
at a dock without
payment
of moorage
for a
period in excess
of 45 days.
"Alert
Bay Boat
Harbour"
means
the Small Craft Harbour facilitated
operated
by the Harbour
Authority
and located
at 24 Fir Street;
"Berth"
means
a location at a dock where a vessel
or watercraft
may be moored.
"Business
License"
means
a valid Business
License
issued by either
the Village or by the
'Namgis
First Nation;
"Commercial"
means
any vessel that qualifies
under Section
4.22
of this bylaw,
including those
vessels
with current
Commercial
Fishing Vessel
registration
displayed;
"Committee"
means
the Boat Harbour Committee
as may be appointed
by the Harbour
Authority;
"Harbour
Authority"
means
the Harbour Authority
of the Corporation
of the Village of Alert
Bay, being the Mayor and Council of the Village;
"Harbour
Facilities"
include any marine
facilities
owned or operated
by the Harbour Authority
or the Corporation
of the Village of Alert Bay;
"Harbour
Manager"
means
the person
duly employed
or contracted
by the Harbour Authority
to supervise
the management
of the harbour;
"Live-aboard"
means
any vessel that
is used as a principal residence;
the live aboard
designation
shall be at the discretion
of the Harbour Authority;
"Moorage"
means
a charge
for the occupation
by a vessel of berth or other space at a harbour.
Village of Alert Bay Bylaw No. 730
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"Municipal
Wharf"
means
the former
'Government
Dock' located at 170 Fir Street;
"Non-Transient
Vessel"
means
any vessel for which moorage
is paid in monthly
or greater
increments;
"Owner"
means,
a)
in the case of a vessel,
the registered
owner,
master
, operator,
or person
in charge
of the
vessel,
and
b)
in the case of goods,
the agent,
consignor,
consignee
or carrier
of the goods.
"Person"
means
an individual,
but will be construed
as meaning
the plural;
"Senior
Citizen"
means
a resident
of Cormorant
Island who is 65 years
of age or older;
"Transient
Vessel"
means
any vessel
staying
for a short
term
or indeterminate
period
of time
and for which moorage
is paid on a daily rate;
"Village"
means
the Corporation
of the Village of Alert Bay;
The words
herein
will be construed
as meaning
plural or singular,
masculine
or feminine,
wherever
the context
so requires.
3.
Empowerment
3.1
The Harbour
Authority
is empowered
to lease the Alert Bay Small Craft Harbour
from
Fisheries
and Oceans
Canada.
3.2
All provisions
of this bylaw apply to all Harbour
Facilities owned or operated
by the
Village.
3.3
The Harbour
Authority
may employ
a Harbour
Manager,
or person
or persons
as may
be necessary,
for the
management
of Harbour
Facilities, and may fix the
rate
of
remuneration
such person(s)
will receive.
3.4
The Harbour
Authority
will set the rates
for moorage
and other services
at Harbour
Facilities, which are described
in Schedule
"B" of this bylaw.
4.
Regulations
4.1
A Moorage
Agreement,
as described
in Schedule
"A" of this bylaw must
be signed
for
all non--transient
vessels
using harbour
facilities.
4.2
No boat
may
be berthed
in areas
marked
as "Loading
Zone" except
for the purpose
of
loading
and unloading,
and boats will not be left unattended
in the "Loading
Zone";
vessels
moored
in the loading
zone
area
for more
than 4 hours will be charged
according
to Schedule
"B"
of this bylaw after the 'free' 4 hour period.
The 4 hour
maximum
may be waived
at the discretion
of the Harbour
Manager
under extenuating
circumstances
(e.g.
unloading
food fish during
food fishing
season).
4.3
The Harbour Authority
is hereby
empowered
to direct the owner
or authorised
person
to
move any boat from one location to another
in the harbour,
whenever
it is deemed
necessary
for safety
or harbour
efficiency
reasons.
If the owner
or agent
is not
available
the Harbour
Manager
may move, or have moved, any vessel
in the case
of
emergency
situations.
Village of Alert Bay Bylaw No. 730
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4.17
Charges
for electri
ervices
will be applied
at the schec.
' daily or monthly
rates
for each plug connected
to the Boat Harbour power service
negardless
of hydro
consumption.
4.18
Tie-up
lines will not be attached
to lamp standards
or any fire line outlet.
4.19
Engine
room bilge is not to be pumped
into the waters
of the Alert Bay Boat Harbour.
The use of siphon
type fuel transfer
pumps
is prohibited.
4.20
Garbage
(including
recyclables)
must
be disposed
of into the containers
provided
for
that purpose;
oily wastes
are not to be deposited
into garbage
containers
or left on the
wharf head.
4.21
Vehicle parking
on the wharf head
is restricted
to 4 hours
for the purpose
of loading or
unloading;
overnight
or long-term
parking
is not permitted.
4.22 To qualify
for the commercial
rates
a vessel
must
fall within the following
criteria,
and the owner(s)
will be required
to provide
the following
information:
i)
CFV:
-
Canadian
Fishing Vessel with current
tags;
or
ii)
Charter:
--
proof of valid public liability insurance
coverage
of $1,000,000
or more
-
valid business
license from the Village of Alert Bay or 'Namgis
First Nation; or
iii)
Log salvage:
-
proof of valid log salvage
license,
-
proof of valid public liability insurance
coverage
(minimum
$1,000,000),
-
proof of valid business
license;
or
iv)
Commercial
Other
(e.g.
Tugboat
or Research
Vessel):
-
proof of valid public liability insurance
coverage,
-
proof of valid business
license;
or
v)
Other:
-
proof of involvement
in a commercial
venture,
documented
in writing
to the
satisfaction
of the Harbour
Authority,
including
all requirements
in ii) above.
4.23
Live-aboard
vessels
are not allowed
unless the following
criteria
are met:
4.23.1
An application
for a Moorage
Agreement
has been completed
and approved
by
the Harbour
Authority,
and approval
shall be entirely
at the Harbour
Authority's
discretion;
4.23.2
Proof of liability insurance
as per Schedule
"A" of this bylaw has been
provided;
4.23.3
Live-aboard
vessels
will be charged
the Recreational
rate
unless they
meet the
Commercial
vessel
criteria
set out in Section
4.22;
4.23.4
The vessel
must
be able to move under
its own power;
4.23.5
When pump
out facilities
are available,
vessels
must
have holding tanks;
4.23.6
No equipment
or other
belongings
are to be attached
to or left on the docks.
4.24
A reduced
senior's
rate, available
to residents
of Cormorant
Island,
and which applies
to Recreational
Rates
only, will be in effect
until December
315', 2011
on the following
according
to the following
terms:
--
Fifty per--cent of the regular
Recreational
Rate to December
315',2009;
-
Seventy-five
per--cent of the regular
Recreational
Rate
from January
1, 2010 to
December
315',2010;
-
The reduced
Senior's
Rate will be discontinued
effective
January
15',2011.
Village of Alert Bay Bylaw No. 730
7. ggverability
3 1h
5
Chie
A
inistra'
e Officer
4.25
4.26
4.27
4.28
Skiffs that are ass
:ed with a parent
vessel
will be bille
tied to the dock or alongside
the parent
vessel.
applicable
rates
whether
When a pump-out
station
becomes
available
all vessels
will be required
to empty
holding tanks
into that facility (as needed)
and will pay the applicable
charges.
Sewage
shall not be discharged
into the harbour.
All materials
stored
at either
the Municipal Wharf or at the Alert Bay Boat Harbour
must
be placed
on palettes
to protect
the wooden
wharf underneath;
materials
may
only be stored
with the permission
of the Harbour
Authority.
All users
of the Harbour
Facilities will be charged
in accordance
with the schedules
described
in Schedule
"B" of this bylaw.
4.29
Criminal activity
is prohibited
at Harbour Facilities.
5.
Charges
5.1
Moorage
and fees for electrical
service
will be charged
in accordance
with current
schedules
as described
in Schedule
"B"
of this bylaw.
6.
Penalgg
6.1
Any unpaid
amounts
levied under this bylaw may be recoverable
by collection
actions
being taken
against
the vessel
owner or owners.
Any commercial
accounts
overdue
after
160 days will automatically
revert
to Recreational
Rates,
and may be sent
to a
collection
agency
and/or be subject
to liens being
placed
against
the vessel.
6.2
The Harbour
Authority
may prohibit
the use of harbour
facilities
by any person,
vessel
or vehicle that
is not in compliance
with the terms
and conditions
of this bylaw.
7.1
If any provision
of this bylaw is determined
by court
of competent
jurisdiction
to be
unlawful or unenforceable,
that
provision
shall be severed
from this bylaw and shall not
affect the validity
of any remaining
provision
of this bylaw.
8.
Repeal
8.1
Boat Harbour
Bylaw#659,
2004
is hereby
repealed.
Read a FIRST time this
12"'day of November,
2009
Read a SECOND time this
12"'day of
November
2009
Read a THIRD time this
FINALLYADOPTED this
Mayor
Certified a true copy of Harbour
Bylaw No. 730, adopted
by Resolution
#
27"' day of
November
2009
day of
December
, 2009
on the
clay of
2009.
Chief Administrative
Officer
Village of Alert Bay Bylaw No. 730
5
THE CORPORATION OF THE VILLAGE OF ALERT BAY
"HOME OF THE
KILLER WHALE"
Bylaw
NO. 730
Schedule
"A"
MOORAGE
AGREEMENT
I
, the undersigned,
request
moorage
for the vessel
described
as follows:
Vessel name
Length:
_
Beam:
_
License/Registration
No:
Owned
by
Authorised
Agent
Owner
Contact
Information:
Address:
Email address
Residence
Phone
Office Phone:
Cell phone:
Authorised
Agent
Contact
Information:
Address
Email address
Residence
Phone
Office Phone:
Cell phone:
HARBOUR
RULES
AND REGULATIONS
1.
Each owner is responsible
for the safe
mooring
of their boat, and will furnish
and maintain
his
own safe lines and chaffing
gear.
Care will be taken
not to foul any other
berth or access
with
mooring
lines.
2.
The Harbour Authority
may remove
any vessel
moored
directly
or indirectly
to the floats which
may be in danger
of sinking
or is a hazard.
If the owner
or person
responsible
for the vessel
cannot
be found,
the Harbour Authority
may take any action
considered
necessary
to alleviate
the matter;
the cost of such actions
shall be at the owner's
expense.
3.
The Harbour Authority
does not have Care, Custody
and Control
of vessels
moored
in any
harbour
facility.
4.
Each owner
is responsible
for the moorage
fees as set out by the Harbour Authority,
which are
subject
to change
without
notice.
Owners
or operators
of a vessel
with outstanding
accounts
may be refused
moorage
at harbour
facilities
until payment
has been received.
5.
Prepaid
moorage
at the Recreational
Rate is used up on a daily rate
regardless
of whether
the
vessel
is at a harbour
facility,
with the exception
of moorage
paid under the Summer
Special
Rate.
6.
Moorage
of boats at harbour
facilities
is at the Owner's
risk, and the Municipality will not be
responsible
under any circumstances
for any loss or damage
caused
or sustained
by such boats
7.
No person shall supply
to, receive
into or discharge
from a vessel
or vehicle, any fuel, except
in
such a location and manner
as authorised
by the Harbour Authority.
8.
No person
shall dispose
of garbage,
sewage
or wastes
at the harbour
except
in the place
specifically
provided
for that
purpose
or as directed
by the Harbour
Authority.
Village of Alert Bay Bylaw No. 730
THE CORPORATION OF THE VILLAGE OF ALERT BAY
"HOME OF THE
KILLERWHALE"
Bylaw
NO. 730 Schedule
"B"
HARBOUR
RATES
L
MOORAGE
RATES
A. COMMERCIAL
VESSEL
MOORAGE
PER FOOT
DAILY MOORAGE
MONTHLY MOORAGE
QUARTERLYMOORAGE
YEARLY MOORAGE
PER Fl"
PER l-Tl"PER MONTH
PER FOOT PER MONTH
PER FT PER MONTH
EACH MONTH
EACH MONTH
$.20
$1.70
$1.50
$1.40
B. RECREATIONAL
VESSEL
MOORAGE
PER FOOT
DAILY MOORAGE
MONTHLY MOORAGE
QUARTERLYMOORAGE
YEARLY MOORAGE
PER l-Tl"
PER FT PER MONTH
PER FOOT PER MONTH
PER FT PER MONTH
EACH MONTH
EACH MONTH
$.65
$3.75
$3.45
$3.40
C. INSIDE
PASSAGE
VESSEL
MOORAGE
RATES
ARE
50°/o
OF RECREATIONAL
RATES
D. SUMMER SPECIAL
RATE FOR TRANSIENT
VESSELS:
14 DAYS
NON-CONCURRENT
MOORAGE PER FOOT
$3.75
2.
POWER
RATES
A. POWER
RATE 20 AMP
DAILY 20 AMP
MONTHLY 20 AMP
$5.00/DAY
$30.00/MONTH
B.
POWER
RATE 30 AMP
DAILY 30 AMP
MONTHLY 30 AMP
$7.00/DAY
$50.00/MONTH
C.
POWER
RATE LOW
USER
- AT THE DISCRETION
OF THE HARBOUR
AUTHORITY
20 AMP ONLY
$10.00/MONTH
3.
SERVICE
CHARGES
Any service
undertaken
to resolve
a vessel
related
emergency
or nuisance
at a Harbour Facility
shall be charged
to the owner
of the vessel
at actual
costs
plus $150 and shall not be less than
$150.
5
PORT SECURITY
FEES
A minimum
charge
of $500.00
per landing
will be charged
to all vessels
requiring
port security
services.
;
STORAGE
FEES Materials stored
in the Municipal Wharf Net Shed,
or in other areas,
as designated
by the Harbour Authority
from time
to time, shall be charged
at $.21 per square
meter
per day.
Village of Alert Bay Bylaw No. 730
8