There's No Place Like Nome


RULES AND REGULATIONS OF THE PORT OF NOME

The Nome Port Commission, pursuant to Section 12.10.070(b) of the Code of Ordinances of the City of Nome submits the following regulations pertaining to the operation of terminal and transportation facilities at the Nome Port. The Commission recommends that the rules and regulations be adopted by the City Council.
1.10 Title:
These regulations shall be referred to as the Rules and Regulations of the Port of Nome.
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1.11 Scope:
These regulations shall apply to all use and operation of terminal and transportation facilities at the Nome Port and to the use of all real property within the Nome Port.
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1.12 Enforcement:
A) These regulations shall be enforced by the Port Director or by the Nome Police Department acting at the request of the Port Director.
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B) All orders of the Port Director may be either written or verbal at the discretion of the PortDirector.
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C) Any order of the Port Director shall be subject to review by the City Council upon written application of any person affected by the order.
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2.10 Mooring:
A) No person may make fast a rope or moor to any structure other than a mooring bitt, bollard, or cleat provided for that purpose.
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B) Every vessel lying at a dock shall be made fast with head and stern lines in a manner approved By the Port Director.
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C) Every vessel lying at a dock shall comply with all orders of the Port Director with respect to its rigging.
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D) Every vessel lying alongside a dock or another vessel berthed at a dock shall from sunset until sunrise be equipped with gangways and man-ropes as may be required by the Port Director. Every gangway used for access after dark shall be brightly illuminated and monitored by the vessel.
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E) A vessel moored at a dock or to another vessel which is moored at a dock shall always have on board such seamen as are required to care for and move the vessel.
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F) No person shall moor, anchor, dock or berth a vessel within the port without first having obtained permission from the Port Director.
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G) The City of Nome reserves the right to refuse berthage, moorage or anchorage permits to any vessel which fails to comply with the Rules and Regulations of the Port of Nome.
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3.10 Obstruction to Navigation:
A) No vessel may remain in a position which interferes with the mooring or passage of another vessel or creates a danger to persons, vessels or property after the Port Director has ordered it to move.
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B) No person may obstruct a basin, channel or wharf so as to interfere with the mooring, 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 bay or on the shore of the bay unless written permission is first obtained from the Port Director.
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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 bay.
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E) The owner of a vessel which sinks, is grounded or 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 day and night and remove the vessel as soon as possible.
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4.10 Vessel in Dangerous Condition:
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 orders of the Port Director.
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5.10 Departures:
A) The Port Director may order 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.
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B) Upon the order of the Port Director, a vessel shall immediately vacate its berth so that a preferred vessel may berth there.
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6.10 Lost, Abandoned or Stolen Vessels or Property:
The Port Director may assume custody of apparently lost, abandoned or stolen vessels or property found within the port. The Port Director shall retain custody of such property until claimed by the rightful owner, the port may require reimbursement for the costs incurred prior to releasing the property or vessel. If the vessel or property is not claimed within thirty (30) days, the Port Director may dispose of the vessel or property either by private sale or a duly notified public auction. The City of Nome may recover the costs incurred by it for recovery and storage of the vessel or property, if any, from the proceeds of the sale.
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7.10 Manifest:
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 port facility. An inbound manifest will be furnished prior to or at the time of the vessel's arrival, and an outbound manifest furnished prior to or at the time of the vessel's departure.
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8.10 Payment of Tariff Charges:
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.
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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 unless alternative arrangements have been made with the Port Director prior to departure.
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C) The Port Director may do all things necessary to prevent the departure of a vessel or its cargo for which tariff charges remain unpaid and for which satisfactory arrangements for payment have not previously been made.
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9.10 Motor Vehicles on Docks:
A) No motor vehicle which is dripping gasoline or other petroleum product may enter upon or cross a dock.
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B) Motor vehicles may not take or discharge gasoline or petroleum products while on a dock unless authorization has been received from the Port Director. If the gasoline in a motor vehicle is exhausted while the vehicle is on a dock, the vehicle shall be towed from the area at the expense of the owner of the vehicle.
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C) No motor vehicle operated by gasoline or other petroleum product may come on a dock except to load or unload freight or passengers or for other bona fide business authorized by the Port Director. If the gasoline in a motor vehicle is exhausted while the vehicle is on a dock, the vehicle shall be towed from the area at the expense of the owner of the vehicle.
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D) If an owner or operator of a motor vehicle willfully disregards this chapter, in addition to the other civil and criminal remedies which may be imposed, the Port Director may deny dock access to that person.
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E) Subsections A, B, C and D of this section may be waived for specific purposes where, at the discretion of the Port Director, such waiver would not endanger public welfare.
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10.10 Loading or Discharging Explosives:
A) No explosive may be transported between a dock 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.
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B) No person may transport explosives between a vessel and a dock except between the hours of 6:00 a.m. and 6:00 p.m. unless otherwise authorized first by pre-arrangement with the Port Director. A safety watch shall be maintained at the expense of the cargo owner while explosives are being transported.
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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 dock 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.
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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 dock.
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11.10 Petroleum Products:
A) Acids, coal oil, gasoline, fuel oil, distillate or other liquid petroleum products may be unloaded from or loaded on vessels only at locations within the port designated as suitable for the loading or unloading of petroleum products by the Port Director.
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B) A vessel berthed at a location designated as suitable for the loading or unloading of petroleum products 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.
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C) 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.
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D) No vessel loaded with oil which will flash below 110 degrees F., may haul alongside a vessel, dock or structure without prior permission from the Port Director.
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E) A vessel engaged in the business of supplying fuel oil may haul or lie alongside a vessel or dock at a location designated as suitable for the loading or unloading of petroleum products only for so long as is required to discharge the fuel oil.
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F) Each user of a dock 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.
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12.10 Fire and Welding Restrictions:
A) Bonfire and open fires are prohibited at the port.
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B) No person may bring welding equipment or engage in welding activity on a dock without prior permission from the Port Director. Any person permitted to perform any hot-work or welding activity shall also acquire any and all permits required by state and federal agencies.
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13.10 Repair of Vessels:
A) Repairs and maintenance work not done exclusively within the confines of a vessel shall only be made at locations within the port designated as suitable for repair and maintenance work by the Port Director.
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B) Repairs to and maintenance of a vessel that can be made exclusively within the confines of a vessel may be made while the vessel is berthed at a docks or lying alongside another vessel so berthed as long as this repair and maintenance activity does not interfere with the cargo handling activities of any other vessel.
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14.10 Dangerous Condition of Docks:
A) Upon receiving written notice of a dangerous condition on a dock from the Port Director, the person responsible therefore shall immediately abate that condition or post warnings and barriers around it until such time as it can be abated.
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B) No person may interfere with or molest a barrier which bars or obstructs the use of a dock or structure.
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15.10 Depositing Property Upon Areas Without Permission Prohibited:
A) No person may deposit cargo, merchandise, equipment, tools, or other property upon any area of the port without the permission of the Port Director.
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B) Cargo, merchandise, equipment, tools or other property shall only be unloaded from or loaded on vessels at locations within the port designated as suitable for the loading or unloading of such property by the Port Director.
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C) Cargo, merchandise, equipment, tools or other property shall only be deposited or stored at locations within the port designated as suitable for the deposit or storage of such property by the Port Director.
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16.10 Sale or Solicitation of Goods or Services:
No person may sell or solicit the sale of goods or services without a written permit authorized by the City Clerk's Officeand approved 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.
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17.10 Smoking Prohibited:
No person may smoke within any port area designated by appropriate signs as a No-Smoking area by the Port Director.
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18.10 Compliance with Law:
A) All persons using terminal and transportation facilities or owning real estate within the port shall comply with the Rules and Regulations of the Port of Nome, all ordinances and regulations of the City of Nome including, but not limited to, all City of Nome Coastal Management regulations; and all applicable laws and regulations of the State of Alaska and the United States governing their activity and ownership.
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B) All laws and regulations of the State of Alaska and the United States applicable to the use of terminal and transportation facilities and the ownership of real property within the port are incorporated herein by reference and shall be enforceable by the Port Director in the same manner as the Rules and Regulations of the Port of Nome.
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C) If any portion of these regulations is found to be in conflict with federal laws and regulations governing the equipping, operation and licensing of vessels on navigable waters of the United States, then such federal laws and regulations shall prevail, but the remaining sections of these regulations shall not be affected.
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19.10 Definitions:
A) "Bay" means the tidal waters within the port.
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B) "Port of Nome", "Nome Port", or "port" means all real estate identified as the Port of Nome subdivision, all tidelands which have been transferred to the City of Nome, all real property contiguous to all tidelands which have been transferred to the City of Nome, and all tidal waters within the corporate limits of the City of Nome except those areas which are within the exclusive jurisdiction of either the State of Alaska or the United States together with all improvements located thereon.
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C) "Port Director" or "port director" means the director of the port or his designee.
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D) "Terminal and transportation facilities", means docks, floats bulkheads, seawalls, landfills, warehouses, staging areas, pipelines and pipeline terminals, transfer spans and aprons, lifting equipment and similar structures together with the necessary equipment and facilities required to accommodate waterborne commerce and shipping located within the Port of Nome.
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E) "Vessel" means any type of ship, boat or navigable structure suitable for the transportation of property or persons, and the owner and master thereof.
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F) "Tariff charges" means those charges included in the current Port of Nome terminal tariff (Nome Port Facilities Tariff), as well as all rules and regulations for the operation and administration of the Port of Nome.
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G) Definitions included in Nome Ordinance 12.40.020 are hereby incorporated by reference.