Chapter 16.04
CITY WATERS
Sections:
16.04.030 Discharge of refuse.
16.04.050 Waters of Dunphy Park declared open water area.
16.04.060 Ten-hour limitation.
16.04.090 Personal watercraft.
16.04.095 Turney Street Boat Ramp and Dock.
16.04.100 Penalty for violation.
Prior legislation: Ord. 343.
16.04.010 Definitions.
For purposes of this chapter:
A. Beached. A vessel shall be deemed “beached” when such craft rests on the mud or other bottom or does not float freely at ordinary low tide.
B. “City waters” means any and all waters within the corporate limits of the City.
C. “Marine debris” shall have the same meaning as set forth in California Harbors and Navigation Code Section 550(b) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter, “marine debris” means “a Vessel or part of a Vessel, including a derelict, wreck, hulk, or part of any ship or other watercraft or dilapidated Vessel, that is unseaworthy and not reasonably fit or capable of being made fit to be used as a means of transportation by water.”
D. “Moor” means the fixing of a vessel in one location temporarily or permanently by mooring, anchoring, grounding or any other means.
E. “Harbor and marina facilities” shall have the same meaning as set forth in SMC 10.88.040 and means those facilities which have received all required permits to operate within the City.
F. “Person” shall be understood to include natural persons, firms, partnerships, associations, companies or corporations, singular and plural.
G. “Personal watercraft” shall have the same meaning as set forth in California Harbors and Navigation Code Section 651(s) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter, “personal watercraft” means a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. Such vessels are commonly referred to as “jet skis.”
H. “Recreational vessel” shall have the same meaning as set forth in California Harbors and Navigation Code Section 651(t) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter “recreational vessel” means a “Vessel used primarily for pleasure.”
I. “Turney Street Boat Ramp” means the extension of Turney Street that leads into “City waters” used primarily for the launching/recovering of vessels.
J. “Turney Street Dock” means the floating structure located to the south of the Turney Street Boat Ramp that extends into City waters used primarily for the mooring of small vessels for individuals that transit to and from the waterfront.
K. “Vessel” shall have the same meaning as set forth in California Harbors and Navigation Code Section 550(a) or successor statute as it currently exists or may hereinafter be amended. As of the date of the adoption of this chapter, “vessel” includes “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water.”
L. “Waters of Dunphy Park” means all of the property owned and/or held in trust by the City covered by the waters of Richardson Bay, between the southerly line of Napa Street and the southeasterly line of Litho Street, including portions of Napa Street, Bee Street, Litho Street, Railroad Avenue, and Lot 263 and a portion of Lot 262 currently shown on the unrecorded Salt Marsh and Tidelands Map No. One which shall be replaced with an updated map upon recordation.
M. “Water structure” includes structures of every kind and nature, not included in the definitions of vessel, which exist on, over or above the water, including, but not limited to, piers, wharves and docks. [Ord. 1254 § 1, 2018; Ord. 1244 § 1, 2017.]
16.04.020 Marine debris.
Marine debris may be removed, destroyed and disposed of in accordance with California Harbors and Navigation Code Sections 550 through 552, or successor statutes. [Ord. 1244 § 1, 2017.]
16.04.030 Discharge of refuse.
No person may discharge or permit to be discharged into City waters any refuse, treated or untreated sewage, petroleum or petroleum matter, paint, varnish, or any other noxious chemical or foreign matter of any kind. [Ord. 1244 § 1, 2017.]
16.04.040 Public nuisance.
A. Nuisance Defined. It is a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel in City waters to maintain the same in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:
1. The keeping, storage, depositing, or accumulation on, or attachment to, a vessel, barge, or object for an unreasonable period of any personal property, including but not limited to abandoned, wrecked, dismantled, or inoperative vessel(s) or equipment for a vessel, engine parts and/or equipment, appliances, furniture, containers, scrap metal, wood, building materials, junk, rubbish, or debris which constitutes a serious threat to public health, and/or safety.
2. Any dangerous condition that is detrimental to the public health, safety, or welfare.
3. Any condition in violation of the City’s building code that would constitute substandard housing as defined therein.
4. Discharge of refuse and/or other substances in violation of SMC 16.04.030.
5. Any condition which violates the City’s fire code.
6. Any condition which constitutes a nuisance as defined in SMC 12.20.010.
B. Nuisance Abatement. The nuisance shall be abated in accordance with the provisions set forth in Chapter 12.20 SMC with the following modifications:
1. The notice required under SMC 12.20.020 and 12.20.040 shall be served on the registered or legal owner or any other person sought to be charged with the responsibility of abatement at his or her address as it appears on the latest Department of Motor Vehicles registration form or as known to the officer or City employee giving notice. A copy of the notice shall also be posted on the vessel.
2. The term “owner” as used in Chapter 12.20 SMC shall refer to the registered or legal owner or any other person sought to be charged with the responsibility of abatement. [Ord. 1244 § 1, 2017.]
16.04.050 Waters of Dunphy Park declared open water area.
A. The City Council declares that the waters of Dunphy Park are and shall be an open water area acquired, owned and maintained by the City for the purpose of providing active recreational boating and an unobstructed water vista for those using and enjoying the upland area of Dunphy Park. The City Council finds that the use of the waters of Dunphy Park for the purpose of mooring vessels and for the purpose of building, constructing and/or maintaining other water structures without the consent of the City is inconsistent with the use of the area for active recreational boating, and for the purpose of providing an unobstructed water vista.
B. It is unlawful for any person to moor any vessel, or to place, build, construct or maintain any water structure, in the waters of Dunphy Park.
C. It is unlawful for any person to go upon, board, occupy, reside or dwell upon, or be present upon any vessel moored in the waters of Dunphy Park, or any water structure placed, built or constructed in the waters of Dunphy Park. [Ord. 1244 § 1, 2017.]
16.04.060 Ten-hour limitation.
Other than those vessels lawfully permitted to be within the harbor and marina facilities, it is unlawful for any person to moor or beach any vessel in City waters in excess of 10 hours without first obtaining the written permission of the Chief of Police. The provisions of this section shall not apply to the waters of Dunphy Park where no vessel may be moored as set forth in SMC 16.04.050. [Ord. 1244 § 1, 2017.]
16.04.070 Beached vessels.
Except in an emergency and except for those vessels lawfully docked in harbor and marina facilities, it shall be unlawful for the owner or person in control or custody of any vessel to beach in City waters. [Ord. 1244 § 1, 2017.]
16.04.080 Speed and safety.
A. Starting at Spinnaker Point in the east and extending to the northerly limit of the City no vessel shall exceed a speed limit of five miles per hour. Within City waters, due caution must be observed at all times. No person shall operate a vessel within City waters in a reckless or negligent manner, nor shall any person operate a vessel at a speed that will endanger life, limb, property, or wildlife.
B. No person shall use, operate or navigate any recreational vessel or any personal watercraft at a speed in excess of five miles per hour in any portion of the City waters within 500 feet of any shoreline. [Ord. 1244 § 1, 2017.]
16.04.090 Personal watercraft.
No person shall permit or allow any personal watercraft to land at or depart from any shoreline in any portion of the City. [Ord. 1244 § 1, 2017.]
16.04.095 Turney Street Boat Ramp and Dock.
A. No vessel, personal watercraft, and/or water structure can moor on the northern side of the Turney Street Dock for more than 15 minutes.
B. No vessel, personal watercraft, and/or water structure can moor on the southern side of Turney Street Dock for more than 24 hours.
C. No vessel, personal watercraft, and/or water structure over the size of 15 feet in length can moor to the Turney Street Dock.
D. No vessel, personal watercraft, and/or water structure moored to the Turney Street Dock can extend beyond 20 feet from the dock.
E. No vessel, personal watercraft, and/or water structure can moor to the Turney Street Dock that causes an obstruction to the use of the Turney Street Boat Ramp for launching/recovering vessels.
F. No vessel, personal watercraft, and/or water structure can moor to the Turney Street Dock that is not free floating at low tide.
G. Vessels, personal watercraft, and/or water structures that require state registration or federal documentation cannot moor to the Turney Street Dock unless their registration and federal documentation is valid and displayed.
H. Vessels, personal watercraft, and/or water structures can only moor to the portion of the Turney Street Dock that is designed for the mooring of vessels, personal watercraft, and water structures.
I. Vessels, personal watercraft, and/or water structures must moor directly to the Turney Street Dock. Mooring, tying, securing, etc. to other vessels that are moored to the Turney Street Dock in prohibited. [Ord. 1254 § 1, 2018.]
16.04.100 Penalty for violation.
A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $500.00, or by imprisonment in the County Jail for a period not exceeding 30 days, or by both such fine and imprisonment.
B. In addition to the penalties imposed pursuant to subsection A of this section for violations of SMC 16.04.050 and/or 16.04.060, the Sausalito Police Department may remove or cause to be removed any vessel which has been left in City waters or beached for 72 or more consecutive hours. The registered and legal owner of the vessel so removed and impounded shall have the right to secure the release of such vessel upon furnishing proof of ownership and payment of the costs and expense of removal, impoundment and/or storage of the vessel. In addition, the provisions of the Boater’s Lien Law, currently set forth in California Harbors and Navigation Code Section 500 et seq., shall apply. [Ord. 1244 § 1, 2017.]