643 Marina Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 39d857feb1b9 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## VILLAGE OF PORT ALICE BYLAW NO. 643 ## MARINA BYLAW WHEREAS it is desirable to regulate and manage municipal marina facilities within the Village of Port Alice. NOW THEREFORE the Council of the Village of Port Alice enacts as follows: ## Repeal - 1.1 That Marina Bylaw No. 601, 2013, and Marina Amendment Bylaw No. 640, 2017, are hereby repealed in their entirety. ## Citation 2.1 This Bylaw may be cited as Marina Bylaw No. 643, 2017. ## Interpretation - 3.1 In this Bylaw: "Abandoned" means a vessel or watercraft left at a dock without payment of Moorage for a period in excess of 10 days. "Port Alice Municipal Marina" or "Marina" means the Marina facility located on Marine Drive within District Lot 304 Rupert Land District. "Berth" means a location along a float within the Marina where a Vessel or watercraft may be moored "Business License" means a valid Business License issued by the Village. "CAO" means the Chief Administrative Officer duly appointed by Council. "Commercial" means any vessel that qualifies under Section 6.15 of this bylaw. "Council" means the elected body of the Village of Port Alice. "Derelict" means any Vessel that is moored directly or indirectly to the floats, or is anchored or tied up within the foreshore lease assigned to the Village for the purposes of a public Marina, and is, in the opinion of the Marina Manager or the Village, in danger of sinking or is otherwise deemed to be a hazard to water borne traffic or to the Marina infrastructure. "Fees and Charges Bylaw" means the Village of Port Alice Fees and Charges Bylaw. "Marina Manager" means the person duly appointed by the Village to supervise the management of the Marina, and includes any employee of the Village who is appointed to enforce the regulations of this Bylaw. "Length" means the horizontal distance between the extreme ends of the Vessel. "Moorage" means a charge for the occupation by a Vessel of Berth or other space at the Marina. "Moorage Contract" means an agreement between the Village and the Owner or Owners of a Commercial vessel who intends to Berth at the Marina. ## VILLAGE OF PORT ALICE BYLAW NO. 643 "Non-Commercial Vessel" means a Vessel used primarily for pleasure, recreational, and transportation purposes. "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. "Parking Facilities" means the areas operated by the Village and designated by the Village for parking motor vehicles and boat trailers. "Tourist" means a person who does not own a residence, rent a residence, or commonly reside within the Village and surrounding area. "Village" means the Corporation of the Village of Port Alice; - Unless otherwise provided in this Bylaw, words and phrases used herein have the same meanings as in the Local Government Act, Community Charter, or Land Title Act, as context and circumstances may require. A reference to a statute in this Bylaw refers to a statute of the Province of British Columbia unless otherwise indicated, and a reference to any statute, regulation, Bylaw or other enactment refers to that enactment as it may be amended or replaced from time to time. In the event of a conflict between this Bylaw and a Provincial enactment, the stricter law prevails. Headings in this Bylaw are for convenience only and must not be construed as defining or limiting its scope or intent. - 3.3 If a court of competent jurisdiction declares any portion of this Bylaw invalid, then the invalid portion must be severed and the remainder of the Bylaw continues to remain valid. ## Empowerment - 4.1 The Village may maintain a provincial foreshore lease for the purpose of operating the Marina. - 4.2 The Village may pay out such monies as may be required for any expenses involved in the operation of the Marina. - 4.3 The Village may enter into a contract with any agency or individual for the purposes of managing the day to day operations of the Marina. - 4.4 The fees for moorage and other services at the Marina are those amounts established in the current Fees and Charges Bylaw. ## Liability - 5.1 Occupying a Berth or being tied up alongside any other Vessel occupying a Berth in the Marina, as well as the handling of all goods brought to or placed in or on the Vessel, is entirely at the Owner's own risk. - 5.2 Each Owner is responsible for the safe mooring of their Vessel, and must furnish and maintain his own safe lines and chaffing gear. A person mustn't foul any other Berth or obstruct access with mooring lines. - 5.3 Neither the Village nor the Marina Manager have care, custody and control of Vessels moored in any Marina facility. ## VILLAGE OF PORT ALICE BYLAW NO. 643 - 5.4 Moorage of Vessels at Marina facilities is at the sole risk of the Owner, and the Village will not be responsible under any circumstances for any loss or damage caused or sustained by such Vessels. - 5.5 The Village shall not be liable for loss of any articles left in vehicles or Vessels. ## Regulations - 6.1 A person must not Berth a Vessel in areas marked as "Loading Zone", except for the purpose of loading and unloading, and must not leave a Vessel unattended in the "Loading Lone". An Owner, master or person in charge of a Vessel moored in the loading zone area and left unattended for more than one hour must pay triple the non-commercial daily rate established in the Fees and Charges Bylaw. - 6.2 The Marina Manager may direct the Owner or authorised person to move any boat or Vessel from one location to another in the harbour, whenever it is deemed necessary for safety or Marina efficiency reasons. If the Owner or agent is not available, the Marina Manager may move, or have moved, any vessel in the case of emergency situations. - 6.3 A person must not leave gear, refuse, small Vessels or other items or material on the floats at any time. This is to allow unrestricted access to the floats by other users and to ensure public safety. - 6.4 The Marina Manager may assign Berths to Vessels at the Marina as appropriate. - 6.5 The Marina Manager will determine the Length of the Vessel. The Length for determination of Moorage rates will be the overall Length, regardless of its registered Length, and such determination will be conclusive. - 6.6 The Marina Manager may order the removal of any Vessel that is in danger of sinking or is a hazard to water borne traffic, whether moored directly or indirectly to the floats. If the foregoing conditions exist and the Owner or person responsible for the Vessel cannot be found, the Vessel may be moved from the Municipal Marina at the Owner's expense. - 6.7 The Marina Manager may order the removal of any Vessel, gear, or material beached or Berthed at the floats or at the wharf head if the Marina Manager considers the Vessel, gear or material to be Abandoned or Derelict. The Village may order disposal or sale of such Vessels, gear and/or materials as it sees fit and removal costs will be assigned to the last registered Owner. - No person shall cause or permit the lines of a Vessel that is Berthed or moored at the Marina to be made fast to anything other than the facilities provided for berthing or mooring or cause or permit such lines to lie across any wharf or across any channel in such a manner as to obstruct or interfere with any other Vessel, vehicle, or person. - 6.9 Where two or more Vessels are moored alongside one another at the same float, one Vessel outside the other, and the Vessel on the outside does not have a gangway extending to the float, the person in charge of the Vessel laying nearer to the wharf shall allow persons on the Vessel farther from the wharf free and unencumbered passage over its deck. ## VILLAGE OF PORT ALICE BYLAW NO. 643 - 6.10 Where a Vessel is made fast to or secured alongside another Vessel, one Vessel outside the other: - a) the lines of the Vessel that is so made fast or secured shall not, except in an emergency, be cut or cast off by any person unless that person gives notice of his intention to do so to the Owner of that Vessel; and - b) the Owner or person in charge of the inside Vessel, when ready to leave harbour, may move any outside Vessel if the Owner of the outside Vessel cannot be located, and shall re-secure said Vessel to the float once the Vessel has been moved. - 6.11 A person must not tie up Derelict hulls, log floats, or logs in the Marina. - 6.12 A person must not Berth any scow, houseboat or boathouse at the Marina without written permission of the Marina Manager. - 6.13 A person must not pump engine room bilge into the waters of the Marina. The use of siphon type fuel transfer pumps is prohibited. - 6.14 A person must not dispose of garbage (including recyclables) at the Marina except into the containers provided for that purpose. Oily wastes are not to be deposited into garbage containers or left on the wharf head. - 6.15 To qualify for Commercial rates of Moorage at the Marina, prior to mooring a Vessel at the Marina, the Owner or Owners of a Vessel must enter into a Moorage Contract with the Village, substantially in the form set out in Schedule "A", and the Vessel must comply with the following criteria: - (a) CFV: - i. Canadian Fishing Vessel with current tags; or - (b) Charter: An Owner or Owners of the vessel must, - i. provide proof of valid public liability insurance coverage of $1,000,000 or more. The insurance policy must remain in effect for the term of the Moorage Contract. A copy of the policy will remain on file with the Village; and - ii. have a valid Business License from the Village. A Business Licence for the calendar year will not be issued unless accompanied by proof of public liability insurance referenced in s. 6.15 (b)(i) of this Bylaw; or 3. (c) Log salvage: The Owner or Owners) of the Vessel must, - i. provide proof of valid log salvage license; and - ii. provide proof of valid public liability insurance coverage of $1,000,000 or more. The insurance policy must remain in effect for the term of the Moorage Contract. A copy of the policy will remain on file with the Village; and - iii. have a valid Business License from the Village. A Business Licence for the calendar year will not be issued unless accompanied by proof of public liability insurance referenced in s. 6.15 (c)(i) of this Bylaw; or ## VILLAGE OF PORT ALICE BYLAW NO. 643 - (d) Commercial Other (e.g. Tugboat or Research Vessel): The Owner or Owner(s) of the Vessel must, - i. provide proof of valid public liability insurance coverage of $1,000,000 or more. The insurance policy must remain in effect for the term of the Moorage Contract. A copy of the policy will remain on file with the Village; and - ii. have a valid Business License from the Village. A Business Licence for the calendar year will not be issued unless accompanied by proof of public liability insurance referenced in s. 6.15 (d)(i) of this bylaw. 3. 6.16 (1) Except as may be permitted under s. 6.16(2) of this Bylaw, a person must not stay overnight on any Vessel or other watercraft moored at the Marina. - (2) A Tourist may stay overnight on a Vessel or other watercraft moored at the Marina for a number of nights not to exceed seven nights in any calendar month. 5. 6.17 Skiffs that are associated with a parent Vessel will be billed at applicable rates whether tied to the dock or alongside the parent Vessel. 6. 6.18 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 Marina Manager. 7. 6.19 Every person in charge of a Vessel approaching, using, or leaving the Marina's floats or docking facilities shall do so in a cautious and seamanlike manner. 8. 6.20 A person must not use any water supplied by the Marina wastefully. The Marina Manager may refuse the supply of water to any person or Vessel. 9. 6.21 Every Owner of a Vessel must ensure the Vessel is marked, with the name or registration number, as required by law. 10. 6.22 A person must not leave a vehicle in any loading zones at the Marina, except in accordance with posted signage. 11. 6.23 Every Vessel Owner must check their Vessel regularly, especially after heavy winds or rains, and must ensure proper maintenance of protective coverings and the pumping out of boats as necessary. Should it be necessary for the Village to pump a Vessel that is in danger of sinking, the Owner must pay for the actual cost incurred by the Village, in addition to applicable fees established in the Fees and Charges Bylaw. 12. 6.24 The holder of mooring space leased from the Village, or any other space allocated pursuant to this the Owner, or any other space allocated pursuant to this Bylaw, must not assign or sub-let that space to another person. 13. 6.25 A person must not use a wood burning stove aboard a Vessel within the Marina. 14. 6.26 A person must not engage in welding within Marina facilities without the permission of the Marina Manager. 15. 6.27 A person must not dump sewage or grey water within the Marina area. 16. 6.28 Noise as a result of partying or loud music, the use of foul language, the use of alcohol and illegal drugs is prohibited within the Marina. ## Charges - 7.1 Daily Moorage fees, as established in the Fees and Charges Bylaw, will apply after four hours of continuous Moorage at the Marina. - 7.2 The Owner of a Vessel must pay all applicable fees and charges under this Bylaw. Fees and charges that are owed to the Village are debt due to the Village that may be collected from the Owner. ## Notice of Prohibition - 8.1 If the CAO determines, based on the CAO's direct observations or reports that the CAO considers to be credible, that a person has breached this Bylaw or has caused a nuisance at the Marina, the CAO may issue a notice of prohibition with respect to that person, which shall include reasons. - 8.2 A notice of prohibition issued under s. 8.1 of this Bylaw shall include reasons for the issuance of the notice of prohibition and a full excerpt of s. 8.3 and 8.4 of this Bylaw. - 8.3 After 3 days of receipt of a notice of prohibition issued under s. 8.1 of this Bylaw, the person named in the notice of prohibition must not: - (a) moor any vessel or other watercraft to the Marina; - (b) store, place or keep any property at the Marina, including any Vessel or other watercraft; - (c) park any motor vehicle at the Marina; or - (d) attend in person at the Marina for a period of 6 months, except with the written permission of the CAO for the purpose of removing the person's property from the Marina. - 8.4 A person subject to a notice of prohibition may appeal to Council of the Village for a cancellation of the notice of prohibition, but the requirements under s. 8.3 of this Bylaw are applicable until the notice of prohibition is cancelled by Council. ## Offence and Penalty - 9.1 Every person who: - (a) contravenes, violates or fails to comply with any provision of this Bylaw; - (b) suffers or allows any act or thing to be done in contravention of this Bylaw; or - (c) fails or neglects to do anything required to be done under this Bylaw, or of any permit or order issued under this Bylaw, commits an offence and upon conviction, shall be liable to paying a fine of up to Ten Thousand Dollars ($10,000) and the costs of prosecution, and to pay any further amounts and comply with any directions that may be ordered by the court. Where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence. - 9.2 A fine or penalty imposed for conviction of an offence is separate from and additional to any fees or charges, or costs incurred by the Village, that are payable under other provisions of this Bylaw. ## VILLAGE OF PORT ALICE BYLAW NO. 643 ## Schedule 9.1 Schedule "A" is attached to and forms part of this Bylaw. READ A FIRST TIME THIS\_8th\_ day of November, 2017 READ A SECOND TIME THIS 8"" day of November, 2017 READ A THIRD TIME THIS 8t day of November, 2017 FINALLY ADOPTED THIS 220 day November, 2017   Chief Administrative Officer ## VILLAGE OF PORT ALICE BYLAW NO. 643  ## VILLAGE OF PORT ALICE BYLAW NO. 643 ## APPENDIX "A" Rumble Beach Marina ## Commercial Moorage Contract Date: Contract Duration: Vessel Information (Please print) Name of Vessel: Registration No: (K#) CFV: Insurance Provider: Moorage Period: \_ to Length: Confirmed valid CFV: (staff initial) Certificate of Insurance provided: YES NO Date: Current Port Alice Business License provided: YES NO Account Number: Owner/Representative Information (Must be completed) Owner: Owner's Vehicle License Plate Number: \_ Billing Address Street: City: Prov: \_ Email: Phone: Postal Code: 1, the undersigned, hereby acknowledge that I have requested use of the Marina and agree to pay all associated charges. I have read, understood and do hereby agree to the terms and conditions cited in Marina Bylaw No. 643, 2017. Owner Signature: Date: Marina Manager or Village Staff: Date: