CHAPTER 1.
RULES AND REGULATIONS FOR THE EMERYVILLE MARINA*

*    Editor’s Note: Former Chapter 1, “Rules and Regulations,” was amended in its entirety by Ord. 98-007. Ord. 80-03, as amended by Ords. 83-013, 85-021 and 90-3, was formerly codified in this chapter.

    The title of this chapter was amended by Section 2 of Ord. 99-011.

Sections:

10-1.01    General Requirements

10-1.02    Definitions

10-1.03    City Engineer

10-1.04    Fire Chief

10-1.05    Chief of Police

10-1.06    Unseaworthy Vessels

10-1.07    Vessels: Registration, Numbering, and Pertinent Information

10-1.08    Vessels: Accidents: Reports

10-1.09    Access to Marina and Vessels

10-1.10    Disposal of Refuse

10-1.11    Hazardous Obstructions Prohibited: Boarding Platforms

10-1.12    Maintenance of Facilities

10-1.13    Unnecessary Noise

10-1.14    Vessel Traffic

10-1.15    Safety

10-1.16    Swimming

10-1.17    Vessel Habitation

10-1.18    Sanitary Facilities

10-1.19    Children: Restrictions

10-1.20    Damages to Property

10-1.21    Commercial Activities, Solicitations, and Advertising

10-1.22    Violations: Penalties

10-1.01 General Requirements.

Every vessel entering the Marina shall immediately become subject to the laws and regulations of this chapter. The manner in which any vessel shall be berthed, anchored, moored, or stored shall be subject to the regulations contained in this chapter.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.02 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a)    “Emeryville Marina” or “Marina” shall mean the area within the City for which marina development has or may be authorized.

(b)    “City” shall mean the City of Emeryville, a municipal corporation.

(c)    “Chief of Police” shall mean the Chief of Police of the City.

(d)    “Fire Chief” shall mean the Chief of the Fire Department of the City.

(e)    “City Engineer” shall mean the City Engineer of the City.

(f)    “Operator” shall mean any person or entity charged with operating facilities in the Marina.

(g)    “Vessel” shall mean and include every description of watercraft used or capable of being used as a means of transportation on the water, except the following:

(1)    A sea plane on the water, or

(2)    A watercraft specifically designed to operate on a permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached, or by which the watercraft is controlled, or by means of a mechanical device attached to the watercraft itself.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.03 City Engineer.

The City Engineer shall have jurisdiction over the construction, major repair, and engineering design of all improvements in the Marina.

No wharf, pier, landing, bulkhead, or any other structure may be built, nor existing structure altered, for the purpose of berthing, anchoring, or mooring vessels, or for any other purpose, without permission first having been secured in writing from the City Engineer.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.04 Fire Chief.

The Fire Chief shall have the responsibility of enforcing the current Uniform Fire Code and authorizing repairs to all vessels involving welding or open flame devices within the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.05 Chief of Police.

The Chief of Police shall have jurisdiction over the parking of vehicles, the protection of public improvements and the safety and movement of vessels within the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.06 Unseaworthy Vessels.

No person shall bring into, moor, or berth within the Marina any vessel of any kind whatsoever which is so unseaworthy or in such a badly deteriorated condition that it is liable to sink or damage docks, floats, or other vessels or which may become a menace to navigation, except in cases of extreme emergency, in which case the owner will be liable for any damage caused by such vessel. In the event a vessel or other craft is wrecked or sunk within the Marina, it shall be the owner’s responsibility to mark its position and provide for the raising and disposition of such vessel or craft and assume all liability for damage to property or other vessels in the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.07 Vessels: Registration, Numbering, and Pertinent Information.

Every vessel entering the Marina shall either be documented with the United States Coast Guard or registered and numbered as provided by the laws of the State of California.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.08 Vessels: Accidents: Reports.

An original copy of any report of any accident occurring in the Marina involving one or more vessels shall be filed with the Chief of Police twenty-four (24) hours after such accident. (Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.09 Access to Marina and Vessels.

Access to vessels, floats, and gangways shall be restricted to owners of vessels, their authorized guests, authorized City personnel, and those receiving special permission from an operator.

Gates to berthing areas shall be locked at all times. Blocking open or climbing over gates is prohibited.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.10 Disposal of Refuse.

(a)    No person shall throw, discharge, or deposit from any vessel or from the shore or wharf or otherwise any refuse matter of any kind whatsoever into or upon the waters of the Marina or in, on, or upon the banks, walls, sidewalks, or beaches of any waters within the boundaries of the Marina area or where such refuse matter may be liable to be washed into the Marina waters either by ordinary or high tides or by storms, floods, or otherwise.

(b)    No person shall dump or discharge oil, spirits, inflammable liquid, or contaminated bilge water into the Marina.

(c)    Notwithstanding the provisions of this section, fish cleaning refuse may be discharged from official fish cleaning stations provided by the City.

(d)    All unrefrigerated fish shall be disposed of within twenty-four (24) hours after the time of entering the Marina.

(e)    All garbage shall be deposited in receptacles furnished by the City for such purpose.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.11 Hazardous Obstructions Prohibited: Boarding Platforms.

(a)    Piers, gangplanks, and floats shall be kept clear at all times of debris or miscellaneous gear which might constitute a hazardous obstruction.

(b)    Boarding platforms, ladders, or gangways on floats shall not be over eighteen inches (18") in width and thirty-six inches (36") in length, shall be light-weight construction, and shall be positioned so as to minimize interference with other float usage.

(c)    Where a platform is used as a locker, stored materials shall not exceed a total of fifty (50) pounds in weight and shall be totally contained within the confines of the platform.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.12 Maintenance of Facilities.

(a)    Minor repairs to and the maintenance of a vessel, may be made or accomplished while such vessel is at its berth provided such work is done on or within the confines of the vessel itself and does not interfere with the use of floats, gangways, or docks. No material used in such repair or maintenance work may be stored or held overnight upon Marina floats, gangways, or docks.

(b)    Repair and maintenance work which is not done within the confines of the vessel itself as required by subsection (a) of this section shall be accomplished only in an area designated and permitted for such purpose.

(c)    No person shall use welding equipment, or burning torches, or any other open flame maintenance apparatus without written permission from the Fire Chief.

(d)    No person shall spray paint a vessel while such vessel is at its berth.

(e)    Vessels taking-on excessive quantities of water through the hull or hull fittings, such that abnormal bilge pumping is required, shall be repaired and/or removed from the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.13 Unnecessary Noise.

(a)    All boat motors shall be equipped with approved mufflers.

(b)    The owner of a vessel shall be responsible for his crew, and unnecessary noise above the ambient level of the Marina, including loud talking and playing of musical instruments, shall be prohibited from 10:00 p.m. to 7:00 a.m. Continued violations of the provisions of this subsection shall be cause for the removal of the vessel from the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.14 Vessel Traffic.

All vessels approaching or within the Marina shall be operated in a safe and prudent manner, and in no event shall the entrance to the Marina be blocked by general boating activities or fishing.

The speed of any vessel within the Marina shall not exceed five (5) miles per hour, provided, however, such speed may be exceeded under emergency conditions. The boater shall be responsible for his own wake.

The berthing area of the Marina shall not be used for the movement of any vessel except for the purpose of entering or leaving a berth and the necessary maneuvering in connection therewith.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.15 Safety.

(a)    No person shall commit unsafe acts nor utilize unsafe procedures within the Marina.

(b)    Bicycles, skateboards, or similar vehicles shall not be ridden on any dock or float in the Marina.

(c)    During fueling, all sources of ignition shall be extinguished, and standard United States Coast Guard safety procedures shall be observed.

(d)    Unleashed dogs and pets shall not be permitted on Marina property, except when on board an owner’s vessel. Animals shall be on a leash not to exceed six feet (6’) in length.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.16 Swimming.

It shall be unlawful for any person to swim, bathe, or wade in any portion of the Marina, except those areas marked for such activities; provided, however, this section shall not prevent an owner or his agent from working on his vessel underwater.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.17 Vessel Habitation.

With the prior written consent and permission of an operator and in accordance with permits, rules, and regulations issued by the Bay Area Conservation and Development Commission, persons may live on or in their vessel while docked in the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.18 Sanitary Facilities.

(a)    It shall be unlawful to discharge sewage into the Marina. The dumping of any solid or liquid waste into or onto the Marina area shall be cause for the immediate cancellation of the right of facility use or berth occupancy and shall be reported to all appropriate authorities.

(b)    Any vessel, if equipped with a marine toilet (head), shall contain an adequate holding tank, incinerator, recirculation device, or other equivalent device, approved by or on behalf of the Environmental Protection Agency and/or United States Coast Guard, which will receive and retain sewage from the boat’s head to preclude the discharge of sewage or chemicals into the water of the Marina, or have the marina toilet rendered inoperable while any such boat is moored in the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.19 Children: Restrictions.

It shall be unlawful for any child under the age of thirteen (13) years to go, remain, or be upon any of the wharves, gangways, floats, and vessels in the Marina, unless such child is supervised by his parent, or parents, or other responsible adult person. Any person who cannot swim shall wear United States Coast Guard approved personal flotation devices (PFD) when in the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.20 Damages to Property.

(a)    No person shall willfully injure, break, remove, or tamper with any part of any vessel in the Marina, nor shall any person climb into or upon any vessel without the consent of the owner, unless in the performance of official duties or to protect life and/or property.

(b)    The owner of a vessel assumes all liability for loss to his or her property of any kind while it is within the limits of the boundaries of the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.21 Commercial Activities, Solicitations, and Advertising.

(a)    The conduct of commercial business activities of any kind in the Marina shall be prohibited unless authorized by a use permit, if required, and City business license.

(b)    Unauthorized solicitation of patronage in the Marina shall be prohibited.

(c)    No person shall row, propel, pilot, or maintain any vessel or float in the Marina for the purpose of unauthorized advertising.

(d)    No unauthorized sign advertising the commercial use of a vessel shall be displayed on any vessel, float, dock, or other structure in the Marina.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)

10-1.22 Violations: Penalties.

Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor and shall be punishable by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. All penalties called for by permits, rules, or regulations issued by the Bay Area Conservation and Development Commission shall be applied.

(Sec. 2 (part), Ord. 98-007, eff. Sept. 5, 1998)