THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY W. KELLER, P. COSTA, DALLY, FABRIZIO, McGEEHAN, M. O'BRIEN, PRESTON, SABATINA, SIPTROTH, SOLOBAY, STURLA, YOUNGBLOOD, YUDICHAK AND DONATUCCI, JANUARY 28, 2009

REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 28, 2009  

AN ACT

Repealing the act of June 8, 1907 (P.L.488, No.321), entitled "A

supplement to an act, entitled 'An act to provide for the

better government of cities of the first class in this

Commonwealth,' approved the first day of June, one thousand

eight hundred and eighty-five; creating a Department of

Wharves, Docks, and Ferries, for the improvement, regulation,

and supervision of the construction, extension, alteration,

maintenance, and use of wharves, piers, bulkheads, docks,

slips, basins, ferries, harbors, and harbor structures, in

cities of the first class; and providing for the making and

enforcement of rules and regulations, and fixing certain

penalties for violation thereof; and providing for the

acquisition of property by said cities, by purchase and by

condemnation, for certain purposes." 

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of June 8, 1907 (P.L.488, No.321),

entitled "A supplement to an act, entitled '"An act to provide

for the better government of cities of the first class in this

Commonwealth,' approved the first day of June, one thousand

eight hundred and eighty-five; creating a Department of Wharves,

Docks, and Ferries, for the improvement, regulation, and

supervision of the construction, extension, alteration,

maintenance, and use of wharves, piers, bulkheads, docks, slips,

basins, ferries, harbors, and harbor structures, in cities of

the first class; and providing for the making and enforcement of

rules and regulations, and fixing certain penalties for

violation thereof; and providing for the acquisition of property

by said cities, by purchase and by condemnation, for certain

purposes," is repealed:

[A SUPPLEMENT

To an act, entitled "An act to provide for the better government

of cities of the first class in this Commonwealth," approved

the first day of June, one thousand eight hundred and eighty-

five; creating a Department of Wharves, Docks, and Ferries,

for the improvement, regulation, and supervision of the

construction, extension, alteration, maintenance, and use of

wharves, piers, bulkheads, docks, slips, basins, ferries,

harbors, and harbor structures, in cities of the first class;

and providing for the making and enforcement of rules and

regulations, and fixing certain penalties for violation

thereof; and providing for the acquisition of property by

said cities, by purchase and by condemnation, for certain

purposes.

Whereas, The growing commerce of the Commonwealth of

Pennsylvania, and the substantial improvements being made by the

government of the United States in the channel-ways of our

rivers and harbors, make it desirable to enlarge and extend the

powers given cities of the first class for the control and

development of their wharves, docks and harbors; therefore,

Section 6.  The director shall have power to make surveys and

soundings, and to prepare plans therefrom and to keep records

thereof. He shall also have power to regulate, fix, and

establish bulkhead and pierhead lines, and the distance between

piers, subject to the regulations of the United States

Government; and to adopt and promulgate rules and regulations

for the construction, extension, alteration, improvement, and

repair of wharves, piers, bulkheads, docks, slips, and basins

within the limits of said cities. It shall be the duty of the

Director to take the necessary action to enforce the laws of the

Commonwealth and ordinances of said cities, and the rules and

regulations promulgated by the Director pertaining to wharves,

piers, bulkheads, docks, slips, and basins; and from time to

time the Director shall make such recommendations to councils of

said cities as to him shall seem proper for the improvement and

development of the water-front within said cities.

Section 7.  If any person or persons shall refuse or neglect

to comply with the directions of the said Director, in matters

within the jurisdiction of his office, or shall knowingly fail

to comply with the rules and regulations by the Director duly

made, published, and established, as aforesaid, or if any person

or persons, whosoever, shall obstruct or prevent the said

Director in the execution of his duties, such person or persons,

aforesaid, shall be guilty of a misdemeanor, and, upon

conviction thereof, shall be sentenced to pay, for each and

every offense, a fine not exceeding five hundred dollars.

Section 8.  The Director shall have charge, control, and

supervision of all the wharf and storage property belonging to

the cities of the first class, including all wharves, piers,

bulkheads, docks, slips, basins, structures thereon and

approaches thereto, storage facilities and water-fronts, lands

under the water and structures thereon, and the appurtenances,

easements, uses, reversions, and rights belonging thereto, which

are now or may hereafter be owned or possessed by said cities;

of the repairing, building, rebuilding, maintaining, altering,

strengthening, and protecting said property, and every part

thereof, and of all the cleaning, dredging, and deepening in and

about the same.

Section 9.  The Director shall have authority, after

appropriation by councils of said cities of the money required

therefor, to acquire by the purchase, in the name of and for the

benefit of said cities, such unimproved marsh-lands, within said

cities, as may be reclaimable, between the low-water line and

the high-water shore-line of the rivers, bays, lakes, and

navigable waters; and, after appropriation of the money required

therefor by said councils, to reclaim, fill in, and improve said

marsh-lands, and construct thereon wharves, piers, docks, slips,

basins, and storage facilities; and the Director may lease, as

hereinafter provided in section nineteen, such part or parts of

said reclaimed lands as, in the judgment of the Director, cannot

be so improved; or the Director and the Advisory Harbor Board,

if so authorized by ordinance of councils, may sell the same,

and the income or money obtained from such lease or sale shall

be paid into the treasury of said cities, and be subject to

general appropriation.

The Director shall have authority, after appropriation of the

money required therefor by the councils of said cities, to

acquire, by purchase, in the name of and for the benefit of said

cities, such wharves, piers, bulkheads, docks, slips, basins,

and storage facilities appurtenant thereto, lands, property,

rights, easements, and privileges, within the limits of said

cities as may be required for the purposes of commerce and

navigation.

The Director shall have authority, after appropriation of the

money required therefor by the councils of said cities, to

purchase, in the name of and for the benefit of said cities,

lands, piers or bulkheads, and to erect thereon such structures

and buildings for storage and storage facilities as may be

necessary for the proper and convenient use of such wharves,

piers, and bulkheads, for the storage of incoming or outgoing

goods, wares, or merchandise; and he shall have power to make

all rules necessary for the government of such storage

facilities, and fix all rates and charges for their use and

occupation.

The Director shall have authority, after appropriation of the

money required therefor by the councils of said cities, to

purchase, maintain, and operate such boats or launches, ice

boats and dredges, as may be necessary for the performance of

the duties of the Department of Wharves, Docks and Ferries.

Section 10.  Whenever any person or persons shall desire to

construct, extend, alter, improve or repair any wharf, or other

building in the nature of a wharf, or bridge, or other harbor

structures, situate wholly within any city of the first class,

such person or persons shall make application to the director,

stating in writing the nature and extent of such proposed

structure, extension, alteration, improvement or repair, and

file in the office of the director the plans and specifications

showing fully the proposed structure, extension, alteration,

improvement or repair, and produce his or their deed or deeds,

or other evidence of title, to the premises on which such

proposed structure, extension, alteration, improvement or repair

is to be erected or made,---whereupon, if such proposed

structure, extension, alteration, improvement or repair will

encroach upon the waterway, the director shall give notice of

the time and place of hearing such application, to all parties

interested, by advertising twice a week for two successive

weeks, in two newspapers of general circulation published within

the said city, and by posting notice upon the said premises; and

if the director, upon such hearing, or without such hearing

where such hearing is not required by the provisions hereof,

shall approve such proposed structure, extension, alteration,

improvement or repair, and the plans and specification submitted

therefor, he shall give his assent to, and issue a license or

permit for, the erection and making thereof, and cause the fact

of the issue of such license or permit to be recorded in his

office, in a book to be kept by him for that purpose, and such

license or permit shall not be unreasonably withheld: Provided,

That necessary repairs, costing one hundred dollars or less and

not affecting the stability or strength of the structure, may be

made without first procuring a license or permit.

Whenever any person or persons shall desire to construct,

extend, alter, improve or repair any structure to be erected, or

already erected, on ground supported by bulkheads, and to be

used, or already used, for the purpose of loading or unloading

passengers or freight on or from vessels; or any structure to be

physically connected, or already physically connected, or to be

used or already used, as appurtenant to any wharf or structure

hereinbefore described, situate within any city of the first

class,---and for such purpose he or they shall have applied for

a permit from the Bureau of Building Inspection in said city,

the said Bureau of Building Inspection shall notify the director

of the Department of Wharves, Docks and Ferries, of such

application, and shall thereafter grant the permit applied for,

only when the application shall have received the approval of

the said director, which he is hereby empowered to grant.

The cities of the first class may, by ordinance, regulate and

determine the license fees for the license and approval required

by the provisions of this act.

Section 11.  If any person or persons shall construct, alter,

or improve any wharf or building or harbor structure, as

aforesaid, within the limits of said cities, beyond low-water

mark, without license or an order of court, as hereinafter

provided, first having been obtained, such wharf or building or

harbor structure shall be deemed a public or common nuisance,

and such person or persons shall be guilty of maintaining a

nuisance, and, upon conviction, shall be sentenced to pay a fine

of five hundred dollars, or suffer an imprisonment of six

months, or either, or both, according to the discretion of the

court; and, where the said nuisance shall be in existence at the

time of the conviction and sentence, it shall be lawful for the

court, in its discretion, to direct either the defendant, or

sheriff of the proper county, at the expense of the defendant,

to abate the same: Provided, That in all cases where any license

or order has been or shall be given or made, permitting the

erection, construction, extension, alteration, or improvement of

any wharf, building, or harbor structure, aforesaid, beyond low-

water mark of the waterways, or any harbor structure, within the

limits of said cities, the person or persons to whom such

license or order has been or shall be granted shall, within six

months from the date of said license or order, commence the work

for which such license or order shall have been granted, and

shall prosecute such work with due diligence to completion;

otherwise said license or order shall become void: Provided,

further, That all licenses granted or orders made for the

erection, construction, extension, alteration, or improvement,

aforesaid, prior to the passage of this act, shall be and become

void within six months after this act shall take effect, unless

said work shall have been begun thereon and shall be prosecuted

with due diligence to completion.

Section 12.  Whenever the owner or owners, or lessee or

lessees, of any wharf, pier or bulkhead, within the limits of

said cities, shall fail to keep and maintain the adjoining dock

or docks cleaned and free from obstructions, it shall be lawful

for the said director, upon default for thirty days after the

service of notice on such owner or owners, lessee or lessees, to

clean or cause said dock or docks to be cleaned and free from

obstruction, and to apportion the expense thereof among the

owner or owners, lessee or lessees, of the wharves, piers, and

bulkheads adjoining such dock or docks, in proportion to the

extent of their wharves, piers, or bulkheads having the

privilege of use of such dock or docks; and to collect the cost

and expense of the same by filing liens therefor, and issuing

process thereupon, as is provided by law in the case of liens

filed for the removal of nuisances; and all liens filed to

collect the expenses of said work shall be filed by the city

solicitor, and the lien for said work shall have the same force

and effect as liens for municipal work, under existing laws.

Section 13.  The Director, after a hearing of the parties in

interest, is authorized to regulate the services and shall have

power to fix maximum rates and charges for ferriage, to be

imposed and collected by all companies and individuals operating

ferries wholly within the limits of said cities.

Section 14.  The Director, after a hearing of the parties in

interest, is authorized to regulate the services and to fix

maximum rates for wharfage, cranage, and dockage, whether the

service is performed by the owners of said wharves, piers, and

docks or by the said cities.

Section 15.  Whenever the director of the Department of

Wharves, Docks and Ferries, in cities of the first class, shall

deem it necessary or advisable to acquire for said cities

property of any kind for use as a public wharf, pier, or

bulkhead, to be owned by such cities, with the necessary dock-

room; or for the extension of or addition to any then existing

public wharf, pier, or bulkhead, owned by such cities, or the

improvement or enlargement of the dock or docks appurtenant

thereto; the said director shall have the power, and he is

hereby authorized, by himself, his deputy engineers, surveyors

or workmen, to make all necessary or proper surveys for the

location of such public wharf, pier, bulkhead or dock, or

extension, enlargement or addition thereto, and for that

purpose, if necessary, to enter upon such property. The

provisions of this act shall apply to property held, used, or

owned either for private or for public purposes, including that

held, used, or owned as a public wharf. The said director may

communicate the result of his said survey, together with his

recommendation in the premises, to the councils, or to the mayor

of such cities, or to both.

The councils of said cities of the first class shall have the

power, and they are hereby authorized, either in pursuance of

such recommendation, or otherwise, to take, condemn and

appropriate, by ordinance, any such property, for the uses and

purposes hereinabove set forth, or any of them. Upon the passage

and approval of any such ordinance, in addition to the

advertisement thereof required by law, notice of such

condemnation, appropriation and taking shall be given to the

registered owner or owners of such property, which notice shall

be accompanied by a copy of such ordinance, and shall be served

by delivering such notice and copy to him or them, or by leaving

the same upon the premises with the person in charge thereof, or

by mailing such notice and copy to such owner or owners by

registered letter directed to his or their last known place of

residence, or by posting the same on a conspicuous part of the

premises appropriated and condemned. If the owner or owners of

such property and the said director shall agree upon the price

or compensation to be paid for the taking of such property, upon

payment of the price so agreed upon the said cities may enter

upon and take exclusive possession thereof. If within three (3)

months of the date of giving notice, as aforesaid, they shall

not so agree, security for the damages so accruing may be

entered by said cities, in the manner provided by law in the

case of the taking of property in the opening of streets, and

thereupon the said cities may, in like manner, enter upon and

take exclusive possession of such property. Either party may,

before or after such entry upon and taking possession thereof,

present a petition to the court of quarter sessions of the

county in which such property may be situated, or to any judge

thereof in vacation, asking for the appointment of a board of

view to assess the damages so accruing; and the subsequent

proceedings thereon shall be the same, and with like effect, as

upon other petitions for the appointment of boards of view for

the assessment of damages occasioned by the opening of streets

by such cities. In the event that the property condemned,

appropriated and taken under the provisions of this section

shall constitute a part of a plant used as an entirety, the

damage to the owner or tenant shall be assessed by taking the

difference in market value of such plant as a whole, including

the buildings, machinery, fixtures, other equipment installed

and used in said plant, before and after such condemnation,

appropriation and taking, and notwithstanding that parts of the

said plant may be separated by a street or public highway.

Section 16.  Before the erection, construction, extension,

alteration, or improvement of the wharves, piers, bulkheads,

docks, slips, basins, or harbor structures, in and upon or about

the property owned by said cities, the Director shall prepare

full and minute plans and specifications for such work, and

advertise for proposals for doing such work under said plans and

according to such specifications, in the same manner as is

prescribed by law for obtaining proposals and letting contracts

for public works in said cities: Provided, That in an emergency

the Director is authorized, without advertising for bids, to

undertake and complete any work of construction or repairs the

cost of which shall not, in any particular case, exceed one

thousand dollars.

Section 17.  The director shall have power to lease, for a

period not to exceed ten years, under such covenants and

conditions as he may prescribe, storage facilities, wharves,

piers, bulkheads, docks, slips, and basins belonging to said

cities. All leases of public storage facilities, wharves, piers,

bulkheads, docks, slips, and basins shall be exposed to public

sale, and sold to the highest bidder by public sale and vendue

or outcry, at such place and time as the director may designate;

and, if no bid satisfactory to the said director is made at such

sale, the director may, in the manner aforesaid, again expose

the said lease or leases to public vendue or outcry; or the

director may lease the same, for a term not exceeding one year,

for such rent or rents as he may deem advisable. At least two

weeks' public notice of such sale or sales shall be given by

advertising at least twice a week for two successive weeks, in

at least two newspapers of general circulation, published in the

city in which the premises are situated. The term of any such

lease so sold shall begin within twelve months from the date of

such sale. The director may, in his discretion, require of the

lessee or lessees a bond, with satisfactory surety, for the

faithful performance of the conditions and covenants of said

lease; but said cities shall have power, by ordinance heretofore

or hereafter enacted, to provide for the leasing of the said

structures, or any of them, for such period in excess of ten

years and not exceeding fifty years, on such terms and

conditions as may be deemed advantageous or desirable, subject

to the foregoing provisions with respect to public sale, vendue

and outcry, pursuant to published notice and advertisement as

hereinabove provided.

Section 18.  The income to said cities from all wharfage and

storage rates, cranage, dockage, and other charges, from all

leases of lands, storage structures, wharves, piers, bulkheads,

docks, slips, and basins, shall be collected by the said

Director, and at once paid into the city treasury.

Section 19.  Any person or persons aggrieved by any decision

of the said Director, either granting or refusing, in whole or

in part, an application for a license to erect, construct,

extend, alter, or improve any wharf, pier, or bulkhead, or other

harbor structure, or as to any other matter or thing under this

act, may, within thirty days after the date of the said

decision, present a petition to the court of common pleas of the

proper county, setting forth the facts of the case and the

ground of the petitioner's complaint; and thereupon the said

court, having first caused due notice of the presentation of the

said petition, and of the time fixed for the hearing thereof, to

be given to all persons whom they may deem legally interested

therein, shall proceed to hear and determine the subject-matter

of the said petition; and shall make such order in the premises

as he may think the said Director should have made, and the said

order shall be final and conclusive. It shall be lawful for the

said court to appoint a commissioner to take evidence to be used

in the said hearing, and to make such order for the payment of

the costs, by one or more of the parties to the proceedings, as

justice may require.

Section 20.  The councils of said cities shall appropriate

annually the funds necessary for the maintenance and operation

of the said Department of Wharves, Docks and Ferries, and, from

time to time, such additional funds as may be necessary to carry

out the purposes of this act.

Section 21.  The Director shall have access to all the

records, books, charts, maps, and papers belonging to the board

of wardens, the office of harbor master, or the office of master

warden, which may be situated within the limits of said cities.

Such ice-boats and the equipment thereof as may be the property

of the said cities, all records that have been kept concerning

the previous operation of said ice-boats, and concerning the

condition and movement of ice in the rivers and other waters of

said cities, shall be transferred from the Department of Public

Works to the Department of Wharves, Docks and Ferries, and the

ice-boats thus transferred shall be operated by the Department

of Wharves, Docks and Ferries.

Section 22.  The Director shall make an annual report to the

mayor, at the close of each fiscal year, setting forth the

amount of property owned, and the amount of property acquired

during the year, and the price paid therefor; the condition of

all storage facilities, wharves, piers, bulkheads, docks, slips,

and basins, and approaches thereto; the amount of money received

from dockage, wharfage, storage, cranage, and other services,

itemized as to sources; an itemized account of the money

expended for improvements and new construction, repairs,

purchase of property, or for any other purpose; the number and

names and addresses of all employes, and their respective

salaries; the terms and conditions of all leases of storage

facilities, wharves, piers, bulkheads, docks, slips, basins, and

ferries; the time of expiration of said leases and the amount

paid therefor; and the number of ships, vessels, and boats

arriving and departing, their net and gross tonnage.]

Section 2.  This act shall take effect immediately.