The Authority may order any vessel to vacate any berth when it is determined that the continued presence of a vessel would be a potential hazard to the vessel, the berth, the facilities, and/or the rights, property, or safety of others. Potential hazards include, but are not limited to, possible natural disasters such as earthquakes, flooding, hurricanes, tornadoes, or such events as strikes, acts of terrorism, or war. The Authority shall provide written notice to the Ocean Carrier or Ship’s Agent advising of the requirements to vacate. The notice shall state the time the berth must be vacated. If the vessel fails to promptly vacate as ordered, it shall be responsible for any damage or expense which may be incurred by the Authority, the vessel, or others as a result of such failure to vacate.
The Authority shall have the option, but not the duty, of moving the vessel to another location at the risk and expense of the vessel owner. If such movement occurs, the vessel owner shall hold the Authority harmless for all losses that may occur as a result of such movement. Failure to comply with an order to vacate will result in a charge to the vessel of $2,500.00, per hour, or a fraction thereof, for non-compliance. This charge shall not constitute a waiver by the Authority of any greater actual damages it may sustain as a result of the vessel’s failure or refusal to vacate. Refusal to vacate may result in denial of future berthing privileges.