Sec. 615.101. - Northbank and Southbank Riverwalk docking.

(a) This Section applies to vessels 80 feet in length or longer or registered at 100 gross tons or larger docked along the Northbank Riverwalk over submerged lands leased by the City from the State, unless other contractual arrangements have been made between the City and the vessel owner, agent or other authorized representative. Dockage on the Southbank Riverwalk shall be governed by the terms of a revocable permit and a hold harmless agreement between the City and the vessel owner or agent that need not be consistent with the terms hereof. (b) The use of the docking facilities under the jurisdiction of the Dockmaster shall constitute a consent to the terms and conditions herein, and evidence an agreement on the part of the owners, agents and consignees of vessels docking on City property, to pay all charges and be governed by this ordinance. (c) Charges for ancillary services (such as, but not limited to line handling, crane service, sewage removal and facilities security) shall be assessed on and collected from all vessels, barges or other watercraft using such services while the receiving vessel is moored at the Northbank Riverwalk. All services rendered must be requested in writing by the user at time of scheduling of dockage. (1) Where electrical service is available, an additional charge shall apply, if used. (2) Trash, fueling, telecommunications and security services are available through City approved third party contractors who will invoice the vessel for any services provided. (3) Any foreign foods on board the ship must be inspected by U.S. Department of Agriculture. If the Agriculture Department requires disposal of such foods, disposal shall be conducted as directed by the Department's agent. (d) The master, owner and agent of any vessel docked at the Northbank Riverwalk shall be responsible for operating the vessel in compliance with all applicable City, State and Federal statutes, ordinances, rules and regulations including, but not limited to rules and regulations promulgated by the Occupational Safety and Health Agency, the U.S. Department of Homeland Security, the United States Coast Guard, the U.S. Environmental Protection Agency, and the Florida Department of Environmental Protection, and shall be held responsible for any violations thereof. This responsibility includes any clean up cost incurred as a result of a spill of sanitary wastes, oils and/or hazardous substances as defined in applicable environmental rules and regulations. (e) Before docking along the Northbank Riverwalk, the vessel's master, owner or agent, shall furnish the City Director of Finance and Administration or his designee and the City Waterways Coordinator/Dockmaster, a certificate of insurance evidencing general liability insurance and protection indemnity insurance, at no expense to the City, in an amount not less than $1,000,000 combined single limit per occurrence, or the equivalent thereof and hull insurance, and any other amounts and types the City deems necessary as determined by the City Director of Finance and Administration or designee. The insurance shall include personal injury liability coverage and liquor liability and products liability coverage if alcoholic beverages, foods, or other products are consumed, dispensed or vended by officers, directors, employees, invitees, licensees, subleassees, assignees, performers, exhibitors, or others contracting with the vessel. The policy of insurance shall name the City as an additional insured; shall remain in full force and effect throughout the period the vessel is docked along the Northbank Riverwalk; and, shall be endorsed with an agreement to notify the City at least 10 days prior to any cancellation or change affecting coverage. No vessel shall dock along the Northbank Riverwalk until the Director of Finance and Administration or his designee has approved the sufficiency of such insurance. (f) The masters, owners and/or agents of vessels docked along the Northbank Riverwalk shall be responsible for any damage to the dock resulting from their use. The City reserves the right to repair or otherwise cause to be repaired any and all damages to docks or dock-related facilities, water supply and electrical connections, lights, and other fixtures at the expense of the vessel. The Waterways Coordinator/Dockmaster may detain any vessel or other watercraft responsible for any damage to the facilities until sufficient security has been given for the amount of the damage. (g) All stevedoring firms and/or vessel agents or subcontractors used by them shall provide evidence to the Waterways Coordinator/Dockmaster that they have in force the following insurance coverage pertaining to their operations on City property or facilities: (1) Workmen's compensation coverage (including coverage appropriate for U.S. Longshoremen & Harbor Workers Act and Jones Act), and in addition, provide insurance required by law for other benefits to all persons in their employ. (2) Public Liability and auto liability coverage for a combined single limit of $1,000,000 for bodily injury and property damage. (3) Legal liability insurance, protecting firms against damage resulting from loading and unloading vessels in the amount of $1,000,000 per occurrence. (4) Other coverage as may be determined to be required by the City for special circumstances. The above insurance policies shall remain in full force and effect and shall not be cancelled, or allowed to lapse without 30 days written notice to the City Director of Finance and Administration. (h) Application for credit should be made in advance to the Waterways Coordinator/Dockmaster, Office of the Director, Department of Recreation and Parks, 851 North Market Street, Jacksonville, Florida, 32202. The Director of Finance and Administration, or designee will evaluate credit applications and user credit limits will be established. At the discretion of the Director of Finance and Administration or designee, an indemnity bond may also be required before credit is established. The cost of requested City services that exceed the credit limit established by the Finance and Administration Director shall be paid in advance. (i) Charges accrued to the vessel shall be invoiced to the agent of the vessel and identified by individual items or to the party requesting the services. Any request for changes to the invoicing procedure must be made in writing to the Waterways Coordinator/Dockmaster, at the above address, prior to service rendered. User fees are subject to applicable taxes in addition to charges published herein. Payments shall be made payable to the City of Jacksonville and sent to Dockmaster, Office of the Director, Department of Recreation and Parks, 851 North Market Street, Jacksonville, Florida, 32202. All invoices are due and payable 15 days after the invoice date. Any invoice remaining unpaid 45 days after the date of the invoice will be delinquent. Delinquent accounts will be assessed a penalty charge at a rate of 1 1/25 per month (0.000493 per day) calculated from the date of the invoice, for as long as the account remains delinquent. The City reserves the right to refuse the use of City facilities and services to any user who is delinquent and to demand payment of charges in advance before further services will be performed or facilities used. Sixty days from date of invoice, collections proceedings may be instituted. Material errors or discrepancies on an invoice shall be reported with specificity and in writing to the Waterways Coordinator/Dockmaster within 10 days after receipt thereof. If not reported within that period, the invoice shall be considered correct and due. (j) Masters, owners and/or agents desiring a berth along the Northbank Riverwalk for their vessel, shall, as far as possible in advance of the preferred docking date, should apply in writing for berthing space to the City Waterways Coordinator/Dockmaster. The letter application should specify the expected date and time of arrival, the length and gross registered tonnage, and the ancillary services desired. Submission of an application to the Waterways Coordinator/Dockmaster is an acknowledgement of the insurance, fees, payment procedure, and damage liability requirements set out herein. (k) The regular working hours of the docks shall be from 7:30 a.m. to 4:30 p.m. on Monday through Friday, holidays excluded. When at the request of the master, the owner or the owner's agent for berth on Saturdays, Sundays, holidays, charges for services will be at rates of operation to recover labor expenses of municipal employees. The following are the holidays as referred to elsewhere herein and will be considered as overtime days with a minimum guarantee of eight hours pay: New Year's Day M. L. King, Jr. Birthday Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Day Christmas Eve Christmas Day If the berths become congested and a time limit is set by the Waterways Coordinator/Dockmaster for removal of the vessel and should the vessel fail to vacate the berth, the Waterways Coordinator/Dockmaster shall have the right, authority and privilege to move the vessel at the vessel's own risk and expense. (l) The term dockage as used herein means the charges made or assessed against a vessel for berthing or making fast to any dock, wharf, pier mooring device, or other facility of the terminals and shall apply to vessels so berthed, except for barges moored alongside vessels at the piers for the sole purpose of transferring cargo, bunkers and/or ship's stores to or from such vessels. Dockage fees shall be as provided in Section 123.102 (d)(5), Ordinance Code. (m) U. S. Government vessels or foreign naval vessels making infrequent visits of short duration for recreation, research or open house shall not incur dockage. U.S. Government owned vessels include, but are not limited to, those operated by the National Oceanic and Atmospheric Administration, the United States Navy and Coast Guard, the U.S. Environmental Protection Agency, the United States Drug Enforcement Agency, and the United States Army Corps of Engineers. Vessels owned and operated by nonprofit organizations or emergency relief vessels are eligible for courtesy berthing up to five days subject to berthing availability with Waterways Coordinator/Dockmaster's approval. Periods over 5 days require the approval of the Waterways Coordinator/Dockmaster and the Chairman of the Jacksonville Waterways Commission, pending availability of docking space. (Ord. 2004-708-E, § 2; Ord. 2011-732-E; Ord. 2016-140-E , § 16) Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.