act-1907-0-321•Pennsylvania Act 1907-321 — SUPPLEMENTARY ACT, FIRST CLASS CITIES
Pennsylvania Act 1907-321 — SUPPLEMENTARY ACT, FIRST CLASS CITIES
act-1907-0-3211907 Pa. Act 321Law
Act text
SUPPLEMENTARY ACT, FIRST CLASS CITIES
Act of Jun. 8, 1907, P.L. 488, No. 321 Cl. 11
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 1. (1 repealed Jun. 25, 1919, P.L.581, No.274)
Section 2. (2 repealed Jun. 25, 1919, P.L.581, No.274)
Section 3. (3 repealed Jun. 25, 1919, P.L.581, No.274)
Section 4. (4 repealed Jun. 25, 1919, P.L.581, No.274)
Section 4. (4 repealed Jun. 25, 1919, P.L.581, No.274)
Section 5. (5 repealed Jun. 25, 1919, P.L.581, No.274)
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.
(10 amended Apr. 27, 1925, P.L.331, No.191)
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.
(12 amended May 29, 1913, P.L.380, No.261)
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.
(15 amended May 29, 1913, P.L.380, No.261)
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.
(17 amended Jun. 26, 1931, P.L.1377, No.347)
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.
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