Chapter 10.08

updated July 16, 2002

PROTECTION OF THE HARBOR AND WATERWAYS

Sections:

Article 1.

10.08.010 Scope
10.08.020 Definitions
10.08.030 Relationship to Other Laws

Article 2.

10.08.100 Dumping Into Homer Harbor and Waterways Prohibited
10.08.110 Penalty
10.08.120 Recovery of Costs and Civil Remedies
10.08.130 Reward
10.08.140 Nuisance

Article 3.

10.08.200 Dumping Fish Carcasses Prohibited
10.08.210 Vessel Speed Limits
10.08.220 Penalty

Article 1.

10.08.010 Scope. This chapter applies to Homer Harbor and all waterways within the boundaries of the City. (Ord. 00-08, 2000).

10.08.020 Definitions. In this chapter, unless the context otherwise requires:

"dump" means to discharge, deposit, dump, spill, leak, inject, or place matter into or on any land or water so that such matter or any constituent part thereof enters the Homer Harbor or any waterway.

"hazardous substance" means (a) an element or compound which, when it enters into the atmosphere or in or upon the water or surface or subsurface land, presents an imminent and substantial danger to the public health or welfare, including but not limited to fish, animals, vegetation, or any part of the natural habitat in which they are found, (b) oil or (c) a substance defined as a hazardous substance under 42 U.S. C. 9601 (14).

"Homer Harbor" means all salt water and tide water within the boundaries of the City, including but not limited to the small boat harbor and the port.

"oil" means a derivative of a liquid hydrocarbon and includes without limitation crude oil, lubricating oil, sludge, oil refuse, diesel fuel, gasoline or another petroleum-related product or by-product.

"pollutant" means any substance or material defined as a pollutant under 33 U.S.C. §1362(6).

"waterway" means any water, waterway, lake, river, tributary, or lagoon within the boundaries of the City. (Ord. 02-20(S)§2, 2002; Ord. 00-08, 2000).

10.08.030 Relationship to Other Laws. a. In addition to the requirements set forth in this Chapter 10.08, certain federal, state, local and international laws and regulations, including but not limited to environmental, health, safety, and sanitation laws and regulations, are applicable to the Homer Harbor and waterways in the City. All persons are hereby warned and placed on notice that they are responsible for determining their obligations under such laws and that they may be subject to applicable penalties, fines, imprisonment, and other forms of liability for violation of such laws and regulations.

b. The dumping of any substance or material prohibited by this Chapter 10.08 shall not result in liability or penalties under this Chapter if such dumping is authorized by and conducted in full compliance with applicable federal and state permits. The burden shall be on the alleged violator to establish, as an affirmative defense, that such conduct is authorized by and in full compliance with applicable federal and state permits. (Ordinance 02-20(S) §3,2002.)

Article II.

10.08.100 Dumping Into Homer Harbor and Waterways Prohibited. It is unlawful for any person to knowingly dump into the Homer Harbor or any waterway:

a. a battery; or

b. oil; or

c. hazardous substance(s), including but not limited to solvents, antifreeze, paint (including paint chips, flakes, and debris), and detergents or cleaners containing hazardous substance(s); or

d. water, including but not limited to bilge water, contaminated with oil, hazardous substance(s) or pollutant(s); or

e. refuse or garbage; or

f. other pollutant(s). (Ord. 02-20(S) §4(part), 2002; Ord. 00-08, 2000).

10.08.110 Penalty. a. Any person convicted of a violation of subsections 10.08.100 a.- d. shall be punished by a fine of $1,000.

b. Any person convicted of a violation of subsections 10.08.100 e. - f. shall be punished by fine as follows:

1st offense $ 100.00
2nd offense $ 200.00
3rd offense $ 300.00
4th and subsequent offenses $1,000.00

c. Each act of dumping prohibited by section 10.08.100 is a separate offense, and each day upon which prohibited dumping continues is a separate offense. In the case of dumping batteries, each battery dumped is a separate offense.(Ord. 02-20(S) §4(part), 2002; Ord. 00-08, 2000).

10.08.120 Recovery of Costs and Civil Remedies. In addition to any authorized penalty, any person who dumps in the Homer Harbor or any waterway any matter prohibited by section 10.08.100 shall be strictly liable for the cost of removing the prohibited matter and the cost of repairing or remediating any damage caused by the prohibited dumping. The City may also exercise any civil remedy available under section 1.16.020. AS 46.03.822, or any other provision of law (Ord. 02-20(S) §4(part), 2002; Ord.00-08, 2000).

10.08.130 Reward. The City will pay a reward to any person or persons who provide information leading to the apprehension and conviction of a person found guilty of violating subsections 10.08.100 a. - d. The total reward will equal one-half of the penalty imposed on such guilty person under section 10.08.110, not to exceed $1,000. No law enforcement officer, municipal officer, official, or employee of the City is eligible for a reward. The City Manager will determine whether a reward has been earned and whether a particular reward will be divided among two or more persons based on the information provided by multiple informants. The City Manger may establish procedures to implement this section.(Ord. 02-20(S) §4(part), 2002; Ord. 00-08, 2000).

10.08.140 Nuisance. It is hereby declared that the presence in the waterways or the Homer Harbor of any matter prohibited by section 10.08.100 is a public nuisance. Such nuisance may be abated by the City as appropriate under law at the expense of the person or persons creating, causing, committing or maintaining it. (Ord. 02-20(S) §4(part), 2002; Ord. 00-08, 2000).

Article 3.

10.08.200 Dumping Fish Carcasses Prohibited. It is unlawful to dump fish carcasses, including heads, bones, and viscera, or any part thereof into the Homer Harbor, except at authorized locations. Disposal of fish carcasses from sport fishing, commercial fishing, fish packing, and fish processing activities into the Homer Harbor is authorized only at locations designated by signs posted by the City or pursuant to written authorization from the City. (Ord. 02-20(S) §5(part), 2002)

10.08.210 Vessel Speed Limits. a. It is unlawful to operate a vessel at a speed greater than two miles per hour (no wake speed) while entering, leaving, and inside the Small Boat Harbor. The seaward boundary of the no wake speed zone will be marked by signs.

b. While within one quarter mile of (i) the boundary of the no wake speed zone at the Small Boat Harbor entrance, (ii) the City's Deep Water Dock, or (iii) the City's Pioneer Dock it is unlawful to operate a vessel at a speed that will cause a wake, wash, or wave action that will damage, endanger or cause undue distress to any other vessel or occupant thereof, regardless of established speed limits or the lack thereof. (Ord. 02-20(S) §5(part), 2002)

10.08.220 Penalty. Any person convicted of a violation of sections10.08.200 -- 10.08.210, shall be punished by fine as follows:

1st offense $ 100.00
2nd offense $ 200.00
3rd offense $ 300.00
4th and subsequent offenses $1,000.00

(Ord. 02-20(S) §5(part), 2002)