Sec. 11-50. - Definition.

For the purpose of this article, the term "Newport News Seafood Industrial Park Harbor" shall mean the waters of Newport News Creek, the waters within the I-664 wavescreen and the entrance to such harbor. The term "Newport News Seafood Industrial Park" shall mean all land bounded on the north by twelfth street, on the west by Terminal Avenue, the east by Jefferson Avenue to the southern boundary of King/Lincoln Park thence all land to Hampton Roads including the I-664 wavescreen.

(Ord. No. 4422-92)

Sec. 11-51. - Lease or permit for use or occupancy.

(a)

With the exception of such city property abutting the Newport News Seafood Industrial Park which has been reserved for public use as a part of the federal project for improvement of the harbor and so identified by appropriate signs, it shall be unlawful for any person to use or occupy any part of the city property lying within the Newport News Seafood Industrial Park, without first having obtained a lease or permit for such use or occupation. No lease or permit shall be granted for any term for the use of a site for residential purposes only.

(b)

All leases and permits for the use or occupancy of land in the Newport News Seafood Industrial Park shall be in writing, submitted to and approved by the city council, and executed by the parties thereto and preserved in the office of the city clerk.

(Ord. No. 4422-92)

Sec. 11-52. - Permits to erect buildings or structures.

(a)

By virtue of the adoption of a federal project for improvement of the Newport News Seafood Industrial Park harbor and the modification of harbor lines by the United States Corps of Engineers at and in proximity thereto, it shall be unlawful for any person to erect any type of structure in the waters of the harbor or within the bulkhead line thereof without first securing a permit as prescribed by the building code of the city and obtaining a permit from the Army Corps of Engineers. It shall be unlawful to erect any type of structure on city property abutting the harbor without first securing a permit as prescribed by the building code of the city.

(b)

All buildings, projections or structures erected without the permits required by this section or in violation of the terms of such permits shall be removed or rebuilt, at the owner's expense, to comply with this section and such permits.

(Ord. No. 4422-92)

Sec. 11-53. - Dockage fees.

(a)

It shall be unlawful to moor any watercraft to city moorings in the Newport News Seafood Industrial Park harbor without first being assigned a mooring by the Harbor Master.

(b)

It shall be unlawful to fail to remove any watercraft from the city moorings in the Newport News Seafood Industrial Park harbor within five (5) calendar days after being notified in writing to do so by the city manager or his duly authorized agent.

(c)

It shall be unlawful to moor any watercraft within the Newport News Seafood Industrial Park harbor to a berth assigned to another watercraft or to a berth other than the one to which the craft is assigned.

(d)

Dockage fees assessed against watercraft for berthing at a city controlled pier, wavescreen, bulkhead structure or bank within the Newport News Seafood Industrial Park shall first be submitted to and approved by the city council and shall be enforced by the city manager or his assigned representative.

(e)

Monthly dockage fees shall be payable in advance by the fifth day of each month and monthly payments not received by the fifth day of each month shall accrue a late payment fee as approved by the city council.

(f)

Failure to pay dockage fees as provided in this section shall constitute cause for the removal of any vessel from the city moorings in the Newport News Seafood Industrial Park Harbor.

(g)

The departure of any vessel from the seafood industrial park prior to paying all dockage fees or making arrangements to do so shall be unlawful.

(Ord. No. 4422-92)

Sec. 11-53.1. - Wharfage fees.

(a)

It shall be unlawful to move or transfer, goods, chattels, seafood or similar items from watercraft moored at the city controlled bulkhead or pier in the Newport News Seafood Industrial Park Harbor without first having paid a wharfage fee to the harbor master.

(b)

Wharfage fees, in the sum of two hundred dollars ($200.00) per month or any part thereof shall be assessed for transferring or moving goods, chattels, seafood or similar items across a city controlled pier, wavescreen, bulkhead structure or bank within the Newport News Seafood Industrial Park.

(c)

Wharfage fees for months commencing after January, 1998, shall be paid in advance by the fifth day of each month.

(Ord. No. 5091-98, § 1)

Sec. 11-54. - Mooring, anchoring, tying up, etc., watercraft generally.

(a)

It shall be unlawful for any person to moor, anchor, tie-up, lay-off or stop any watercraft in the Newport News Seafood Industrial Park in such manner as to prevent or obstruct the passage, approach, berthing or anchoring of other vessels or crafts, except at such points as shall be designated, located and directed by the city manager or his duly authorized agent. No watercraft shall utilize in any way bulkhead or pier space inside the Seafood Industrial Park harbor, except only that portion which is leased from the city and with respect only to the watercraft of such lessees, without first obtaining the permission of the city manager, or his duly authorized agent. Dockage charges shall be paid to the city according to rates approved by the Newport News City Council.

(b)

Any person violating any provisions of this section shall be guilty of a Class 3 misdemeanor.

(Ord. No. 4422-92)

Sec. 11-55. - Mooring or anchoring of pleasure watercraft.

No pleasure watercraft shall be moored or anchored inside the Newport News Seafood Industrial Park Harbor except at such points as shall be designated, located and directed by the city manager or his duly authorized agent.

(Ord. No. 4422-92)

Sec. 11-56. - Use of land for drying nets, hauling boats, storing pound poles or storing crab pots.

No person, other than Newport News Seafood Industrial Park harbor lessees and their invitees shall use the land, piers, wavescreen or bulkheads within the Newport News Seafood Industrial Park Harbor for drying nets, hauling watercraft, storing crab pots or storing pound poles unless such person shall first obtain permission of the Harbor Master.

(Ord. No. 4422-92)

Secs. 11-57—11-69. - Reserved.