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HomeMy WebLinkAboutOrd 557-1966ORDINANCE NO. 557 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO REGULATING THE OPERATION OF BOATS; PROVIDING FOR BERTHING LEASES AND ESTABLISHMENT OF FEES AT THE MARINA; PROVIDING FOR SALE OF BOATS AT PUBLIC AUCTION FOR FEES IN ARREARS OR REMOVAL AND STORAGE OF BOATS AT OWNER'S EXPENSE; ESTABLISHING SPEED ZONES; SPECIAL USE AREAS; SANITATION AND POLLUTION CONTROL; TIME OF DAY RESTRICTIONS; PROVIDING FOR ENFORCEMENT OFFICERS; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. The City Council of the City of South San Francisco does ordain as follows: SECTION I. SHORT TITLE This ordinance shall be known and may be cited as the "South San Francisco Marina Ordinance." SECTION II. DEFINITIONS. Whenever any of the words hereinafter defined are used in this Ordinance, or any other official transaction con- cerning the marina, unless otherwise expressly defined, they shall be construed to have the following meanings and any words not herein defined shall be deemed to have the Same meanings as ~efined in the Public Resources and Harbors and Navigation Codes: A. Marina - All thos~ areas both developed and undeveloped on the South San Francisco waterfront at the end of and in the vicinity of Oyster Point Boulevard, in- cluding but not limited to the docks, floats, wharfs, berths and other facilities used for access to, maintenance, and safekeeping of boats, all the naturally and artificially protected waters forming the harbor and surrounding beaches and shore and the marked channel leading therefrom; more commonly known as "Oyster Point Marina". B. Boat - Every description of watercraft used or capable of b-~g used as a means of transportation on or under the waters. C. City - The City of South San Francisco. --1--' D. Person - Any natural person, group of persons, partnership, association, corporation, or other entity.' E. Berth - An area within the marina assigned by the Harbormaster to a boat for securing when not underway. F. Harbormaster - The person employed by the City to manage and supervise the activities at the marina. Harbormaster shall include Harbor Superintendent. G. Enforcement Officer - The Harbormaster, Harbor Superintendent, their duly authorized representatives, or the Chiefoof Police. H. Waters - All waters within the boundaries of the City including the Marina. SECTION III. ENFORCEMENT OFFICERtS AUTHORITY; HARBORMASTER t S AUTHORITY. A. Every boat entering the waters of South San Francisco shall immediately become subject to the order of the enforcement officer, and said officer shall have the authority to enter upon said boat when uecessar~y to enable him to enforce the provisions of this Ordinance. B. The Harbormaster shall have the authority to designate the area iu which any boat shall be berthed, anchored, or moored, and he may require any boat to change its berthing, anchoring or mooring position when it be- comes necessary iu order to preserve and protect the health, safety or welfare of persons or preserve their property in the Marina. He shall also have the authority to execute berth lease agreements for the City. SECTION IV. CONSTRUCTION IN MARINA AND WATERS PROHIBITED. No person shall build, construct, erect or cause to be built, constructed or erected in the Marina, nor.upon or under the waters a wharf, pier, landing, bulk head, lockers, or any other structure for the purpose of berthing anchoring or mooring boats, fishing, hunting or storing -2- anything until he first obtalus written permission from the Harbormaster. This section shall not be deemed to relieve a person from complying with all applicable city, county, state, and federal building and other ordinances~ law, statutes and regulations. In addition, no person shall permanently attachanything to the existing structures in the Marina until he first obtains written permission from the Harbormaster. SECTION ¥. EQUIPMENT REQUIREMENTS. No person shall operate or drive a boat upon or under the waters unless it first meets all applicable equipment and safety requirements, regulations and laws of the United States Coast Guard and the State of California. SECTION VI. UNAUTHORIZED USE 0FBERTHS PROHIBITED; MARINA BERTH LEASES; TERMS AND FEES. A. No person shall secure a boat to a berth unless authorized by the Harbormaster. A berth lease shall be deemed such authorization. B. Applicants for lease of berths in the Marina shall complete forms furnished by the Harbormaster and file them with the Harbormaster. other things, the following: (1) (2) (2) (4) (5) (6) Said forms shall contain, among Name of boat; California registration number (C.F.#); Length; Beam; Draft; Power (sail or motor); Classification; Engine manufacturer, type (gas/diesel), horsepower; -2- (?) Year model; (8) Hull material; (9) Builder's name; (lO) Maximum passenger oapacity; (ll) Radio call letters; (12) Registered owner's name, address and tele- phone number; (13) Legal owner's name, address and telephone number C. Marina berths shall be available to all persons on an equal basis and granted in the order of request. In the event all berths are leased, the Harbormaster shall es- tablish a waiting list of applicants and they shall be grant- ed vacant berths in the order of request. An applicant on the waiting list shall be notified by registered mail or by telephone of a berth vacancy by the Harbormaster. Said appli- cant must execute a berth lease agreement within three (3) days after receipt of notice or be deemed to have forfeited his place on the waiting list. The Harbormaster may in his discretion extend, not exceeding two (2) days, the time for execution of the berth lease. D. No berth w~ll be leased for the berthing of a boat which, when secured, would extend beyond the ends of the docks forming the berth. E. No person shall be leased a berth unless he is a registered or legal owner of the boat to be secured in the berth so leased, provided, however, that a boat broker, duly authorized by the City, may lease berths for the purpose of securing boats to be sold even though said broker is not the registered nor the legal owner. F. The Harbormaster shall deny an applicant an original or renewal berth lease and shall deny a prospective transferee or assignee a transfer or assignment of an existing berth lease if there is convincing evidence demonstrating that the applicant is not able financially or for other reasons to perform his part of the berth lease agreement. A denial by the Harbormaster based on the aforementioned grounds shall be subject to au appeal to the City Council. Notice of such appeal shall be filed with the City Clerk within ten (10) days after the denial of said berth lease. Upon failure to file such notice within the ten (10) day period the denial by the Harbor- master whall be deemed final and conclusive. G. The City Council, by resolution, shall approve the terms to be set forth iu the berth lease agreement. H. The City Council, by resolution, shall establish fees to be charged for the leasing of berths and the use of equipment, facilities and services at the Marina, including boat launching ramps. (1) All charges for use of berths shall be due and payable iu advance. If the terms of the lease are from month to month then the fees shall be due and payable monthly iu advance on or before the first day of each month. If the lease is from year to year then the fees shall be due and payable annually iu advance on or before the first day January of each year. A lease which commences after the first day of a month or the first day of January of a year shall be prorated accordingly with regard to fees. (2) The Harbormaster may rent a berth on a twenty-four (24) hour basis. Fees for said berths shall be due and payable in advance and the applicant for said berth shall complete the berth lease agreement furnished by the Harbormaster. (3) Charges for use of Marina boat launching ramps shall be due and payable immediately prior to launching a boat ou said ramps and uo person shall launch a boat without first having paid the required fee, unless otherwise expressly authorized by the Harbor~ster. (4) Charges for the use of other facilities and equipment at the Narina and for services shall be due and payable when used or when services are rendered. SECTION VII. PENALTIES FOR NON-PAYMENT OF FEES; SALE OF BOAT AT PUBLIC AUCTION FOR FEES IN ARREARS; REMOVAL AND STORAGE OF BOAT AT BERTH LESSEE tS EXPENSE. A. Any charge for use of berths, other facilities, equipment or services at the Marina which is not paid in full within ten (10) days after becoming due and payable shall be deemed to be in arrears and the City through the Harbormaster shall have the following remedies: (1) Any charge in arrears may result iua penalty being added thereon in the amount of ten percent (10%) per annum until the total charge, including any accrued penalty, is paid in full. (2) Any charge in arrears may result in the sale of the boat owned by the person who used the berth, facilities, equipment or services for which the charge was incurred. Said sale shall be at public auction and shall include the followingprocedures: (a) At least twenty (20) days prior to the date of sale the Harbormaster shall send certified or registered mail to the Division of Small Craft Harbor2 giving information as to where and when the public sale will be held. (b) At least twenty (20) days prior to the date of sale the Harbormaster shall send certified or registered mail to the registered owner and legal owner giving infor- mation as to where and when the public sale will be held. (c) The Harbormaster shall advertise in a news- paper of the county in which the boat is located at least ten (10) days and not more than twenty (20) days prior to the date of sale, and obtain affidavit of publication from the newspaper and copy of the notice printed therein. The notice shall include a declaration that the City shall grant all interest it has in the boat but does not warranty the title or condition of the boat and that the buyer shall take the boat "as is". (d) The Harbormaster shall prepare a certificate of mailiug giving informatiou that registered or certified mail was seut to the~Divistou of Small Craft Harbors aud to the respective owners. Return receipts from the certified or registered mail must be attached to this affidavit (certificate of mailiuE), or if the receipts are not signed the unsigned receipts and unclaimed mail should be attached. A copy of said certificate shall be given to the new buyer. (e) The Harbormaster shall conduct the public sale on the day and at the place designated in the notices given. Upon completion of said sale he shall prepare a certificate of sale (Division of Small Craft Harbors form SCHL-6? or equivalent) from seller (City) to new buyer giving the information as to when and where the sale took place a~ the name of the buyer. A copy of this certificate shall be given to the new buyer and the Harbormaster shall send a copy of said certificate to the Division of Small Craft Harbors within ten (10) days after the sale. (f) The proceeds of said sale shall be applied to the discharge of the charges in arrears and the cost of keeping and selling the boat. The remainder, if any, shall be paid over to the legal owner ~he~. (g) The new owner shall be responsible for the transfer of ownership as provided iu the Harbors and Navigation Code. Such provisions include the payment of a fee and the completion of Division of Small Craft Harbors form SCHL-21. Upon completion of the sale between City and new buyer the new buyer shall within ten (10) days, forward his certified copy of the certificate of mailing, certificate of sale and application for transfer of ownership to the Division of Small Craft Harbors for processing. (3) Any charge iu arrears may result in the removal of the boat from the Marina and storage at the owner's expense. The Harbo~master shall have authority to initiate the removal and stDrage when charges against the boat are in arrears. Prior to said removal and storage the Marbormaster shall do the following: (a) Notify the registered and legal owners by registered or certified mail at least twenty (20) days ~rior to removal and storage that if charges in arrears against the boat are not paid before the designated day of removal and storage that the boat will be so r,~oved and stored at their expense. Also, that any expense incurred by the removal and storage company in preparation for said removal and storage shall become part of the charges in arrears, unless all charges in arrears are paid ~n full before any said preparation expenses are incurred. (8) The City, by resolution, may enter into a contract with a person equipped for and capable of the proper and safe removal and storage of boats berthed at the Marina. (5) No person shall remove or cause to be re- moved from the Marina any boat upon which fees and charges are in arrears until said charges are paid in full or the boat is released by the Harbormaster. (6) No person shall wilfully give false information to the Harbormaster or any other person in order to secure the removal of a boat upon which charges in arrears exist. An enforcement~Off~csr~mSy take any reasonable action necessary to prevent the removal of such a boat including, but not limited to, locking the engine ignition or securing the boat to its berth so it may not be freed by the owner or his representative. (7) At any time after any charges are in arrears the Harbormaster may declare the berth vacant, move the boat to another berth a~d re-let the vacated berth. Berth leasing charges shall continue at the same rate and the cost of moving said boat shall be charged to and against the boat so moved. The lessee shall be notified by the Harbormaster by registered or certified mail of said moving within three (B) days after said moving. SECTION VIII. VACATION OF BERTH; ABANDONMENT OF BERTH; REFUND OF ANNUAL LEASE PAYMENT CONDITIONED. A. The berth lessee shall notify the Harbormaster in writing at least thirty (30) days prior to the permanent vacation of a berth. The exact date of vacation and release of the berth shall be included in the written notice. Charges will continue for at least thirty (30) days following said written notice. B. If a lessee of a berth vacates said berth for a period exceeding seven (7) days, without first notifying the Harbormaster in writing, the Harbormaster may deem the berth permanently abandoned and '~ may re-let the berth to another lessee. In case of abandonment the abandoning lessee shall remain liable for the berth lease fees until said berth is in fact re-let or for a period of thirty days from the time the berth is deemed abandoned, which ever occurs first. In any event the berth fees paid prior to the abandonment shall be forfeited by the lessee. C. An annual berth lessee who notifies the Har- bormaster of the lessee's intent to permanently vacate the berth more than thirty (30) days prior to the end of the annual lease payment period shall not be entitled to reimbursement of a proration of the annual berth lease fee unless said reimbursement is recommended by the Harbormaster and approved by the City Manager. The City Manager shall approve of said reimbursement only if all Marina berths are leased and a vacated berth could be immediately re-let to a new lessee. SECTION IX. SALE, PURCHASE OR EXCHANGE OF BOAT BY OWNER; AS~IGNM~NI OF BERTH LEASE; EXCHANGE OF BERTHS PROHIBITED. A. The sale, purchase or exchange of boats occupy- inE berths at the Marina shall be reported to the Harbor- master in writing within twenty-four (24) hours after said sale, purchase or exchange. Said report shall be made by both the purchaser and seller and when boats are exchanged both parties to the exchange shall make the report. Bo Upon receipt of the aforesaid notice, the Hat- hot,aster shall arrange to have the berth lease assigned and transferred so that the berth lessee'will be the same person as the owner of the boat berthed at the particular berth. Said assignment or transfer shall be in writing and attached to the lease in force at the time of said assign- ment or transfer and the transferee shall be subject to all the terms of the lease in force at the time of its assignment or transfer. Said assignment or transfer shall be subject to the conditions set out at Section VI.F of this Ordinance. 11. C. The transfer or exchange of berths by owners of boats occupying berths in the Marina is prohibited ex- cept when express written consent of the Harbormaster is first obtained. No person shall secure a boat to other than its assigned berth unless otherwise directed by an enforce- ment officer. SECTION X. BOAT MAINTENANCE; CARE IN BERTHING; CITY SU~.YING LINES AND FITTINGS AT OWNER'S EXPENSE; REMOVAL OF SUNK BOATS. A. All persons berthing, anchoring, or mooring boats in the Marina shall do so using proper care and equipment and all boats shall be maintained in a safe, seaworthy and sanitary manner. In the event boats are not so maintained, the liarbormaster m.y supply lines and fittings, or replace inadequate lines and fittings, or may care for the boat in such a manner as to prevent damage to the boat or Marina facilities. This service and equipment shall be a charge against the boat in accordance with the rates established pursuant to Section VI.H of this Ordinance. Any lines, fitt- ings and materials used and supplied by the Harbormaster to protect boats or Marina facilities are not returnable. B. Should a boat sink in the waters of the City, the owner of such boat shall i~diately float or remove same. If the owner fails to so float or remove the sunken boat, the City shall arrange for floating or removal of said boat at the owner's expense. SECTION XI. BOATING IN MARINA; SPEED LIMITS. A. All persons operating boats in or under the 12. waters of the City shall be operated in a safe and prudent manner and in accordance with all city, county, state and federal laws and regulations. B. No person shall block the entrance to the Marina. C. No person shall operate a boat within the Marina at a speed exceeding five (5) miles per hour and said speed shall be reduced if the operator of the boat is directed tn do so by an enforcement officer. D. Pleasure cruising within the Marina or marked channel is prohibited. SECTION XII. ACCESS TO BOATS, FLOATS, OR GANGWAYS LIMITED; LODGING ABOARD BOATS LIMITED. A. NO person shall use, ride, walk or enter boats, floats, or gangways unless said person is a berth lessee, his guest, operator, or caretaker of the lesseets boat. The Harbormaster may expressly permit others to enter the above mentioned facilities. B. No person shall lodge aboard boats within the Marina in excess of three (3) successive days and nights or any portions thereof. A day and night shall elapse before a person will be permitted to commence another three (3) successive days' and nights' lodging aboard boats within the Marina. The intent of the City Council is to prohibit extended housekeeping aboard boats within the Marina in order to facilitate sanitation and pollution control. This subsection shall nog be deemed to prohibit a berth lessee from making daily use of his boat so long as said -13- lessee does not spend the duration of more than three (3) successive nights aboard said boat or boats while they are within the Marina. The Harbormaster may extend the allowable successive lodging time if in his discretion such an extension would not endanger the public health, safety or welfare by causing a sanitation and/or water pollution problem. The Harbormaster shall also have authority to designate a person or persons to permanently occupy boats within the Marina for the purpose of summoning aid to protect persons and property therein. SECTION XIII. PERSONAL CONDUCT AT MARINA. A. No person shall cause loud and/or unnecessary noise which is disturbing to others between the hours of 11:00 P.M. and 7:00 A.M. of the following day. B. Excessive consumption of alcoholic beverages by any person in the Marina is prohibited and no person in the Marina shall be in an intoxicated condition. C. Persons in the Marina or on or in other waters of the City shall obey all state laws including Penal Code Section Bll, which in part makes it unlawful for an2 person to "wilfully and lewdly expose his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby". SECTION XIV. DISPOSING OF REFUSE; OPERATION OF MARINE TOILETS PROHIBITED; STORAGE OF FISH. A. No person shall throw, discharge, or deposit from any boat or from the shore, docks, or floats any refuse matter into the Marina or other waters of the City; or onto the surrounding shoreline thereof, except into receptacles provided by the City for that purpose. B. Boat owners Shall make provisions for a receptacle aboard their boats into which garbage and other refuse shall be deposited. This receptacle shall not be emptied into the waters of the City. C. The following shall not be deposited into the refuse receptacles provided ou the Marina docks and beaches: (1) Wood that results from the repair of a boat. (2) Oil (3) Ish (4) Human waste D. No person shall operate a marine toilet on boats within the Marina so as to discharge any kind of waste into the waters of the Marina. E. Ail fish must be disposed of within twelve (12) hours from the time of catching unless they are there- after stored in a properly functioning refrigeration unit. No person shall deposit or throw fish ou any part of the Marius. No person shall clean fish iu any part of the Marina, unless written permission is first obtained from the Harbormaster. The Harbormaster's permission shall only be granted if said cleaning of fish would not cause a sanitation or pollution problem iu the Marlua. -15- SECTION XV. MAINTENANCE, CONSTRUCTION OR REPAIR WORKAT THE MARINA. NO person shall spray palut, nor do major construction, reconstruction, eugine.removal, place obstructions on docks, floats, or fiugers, except in emergencies and then only with ex/0. ress writteu consent of the Narbormaster. SECTION XVI. GEAR LOCKERS. A. City approved gear lockers are available only to berth lessees (oue locker per berth) at rates established pursuant to Section VI. H. of this Ordinance. B. Storage of auy kind on piers aud fingers of the Mariua except in City approved lockers is prohibited unless written permission is first obtained from the Harbormaster. C. Lockers shall be vacated immediately upon re- lease of the berths which correspoud with $~i~ lockers. Failure to so vacate may result in the sale of gear contalued by the locker to satisfy the charge for extended locker us~. SECTION XVII. KEYS REQUIRED TO BE FILED. A set of keys for each boat berthed at the Marina shall be filedby the berth lessee at the Harbormaster's office, for emergency use. Keys so filed shall not be glveu to auNone except the berth lessee or his authorized representative. Such authorization shall be iu writing and signed by the berth lessee. SECTION XVIII. FISHING AND SWIMMING IN THE MARINA ~ROHISlTED WiTH EXCEFTIONS. A. No person shall swim, bathe or wade in any por- tion of the Marina except that designated by the Harbor- master; provided, however, this section shall not prevent a boat owner from working on his boat underwater after he has obtained written permission to do so from the flarbormaster. B. No person shall fish from any boats, docks, floats, or structures in the Marina, except that fishing shall be allowed in those places designated by the Harbormaster and marked with signs. C. The Harbormaster is authorized t~ install and maintain signs in sdch number and in such places in said Marina as he shall deem necessary to give notice to persons that swimming, bathing, wading and/or fishing is either pro- hibited or permitted. SECTION XIX. CHILDREN IN MARINA; CURFEW. A. No minor person under the age of sixteen (16) years shall operate a boat within the Marina unless he is directly supervised by an adult in the same boat. B. Ail City ordinances are applicable to persons in the Marina which includes the curfew ordinance, reading in part as follows: "It shall be unlawful for any minor person under the age of eighteen (18) years to loiter upon or about any public place between the hour of ten (10) p.m. and the time of sunrise of the following morning, when not acoompanied by his parent, legal guardian or other person having the care and custody of such minor." 17. SECTIONXX. SOLICITATION AND ADVERTISING; SALE OF BOAT. A. Solicitation of any kind in the Marina, without a City permit, is prohibited. B. No person shall row, propel, navigate, operate, or maintain any boat or float in the Marina for the purpose of advertising, without first having received a City permit for such purpose. This subsection shall not be deemed to prohibit a boat owner from advertising his boat for sale by placing signs on the boat to be sold. SECTIONXXI' VEHICLE TRAFFIC AT MARINA. Ail persons operating vehicles in the Marina on the roadways and parking lots provided therein shall obey all p~lice regulations pertaining to traffic control. SECTIONXXII. NON-WAIVER CLAUSE. Nothing in this Ordinance shall be deemed to relieve a person from complying with all other applicable city, county, state and federal, laws, rules, and regulations. SECTIONXXIII. REMOVALFROM MARINA FOR VIOLATION OF ORDINANCE. Violation of any provision or regulation in this Ordinance by any person may, by resolution of the City Council, result in said person being ordered by the City to immediately remove his boat from the Marina and forfeiture of any fees paid. If said person fails to comply with such order the City may remove and store the boat at the person~s expense. Said removal and storage shall follow the procedure Prescribed in Section VII. (3) of this Ordinance. -18- SECTIONXXIV. PENALTIES. Any per,on who violates any of the provisions, sections or regulations of this Ordinance shall be guilty of a mis- demeanor punishable b2 a fine not to exceed five-hundred ($500.) dollars or by imprisonment in the county Jail not to exceed six (6) months or by both such fine and imprisonment. SECTION XXV. SEVERABILITY CLAUSE. If any section, subsection, clause, sentence or phrase of this Ordinance is for any reason held to be unconstitutional or invalid said decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause, sentence or phrase hereof irrespective of the fact that any one or some other section, subsection, clause, sentence or phrase be declared unconstitutional or invalid. SECTION XXVI. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the "Enterprise-Journal," a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. -19- Introduced this 7th day of November , 19 66 Passed and adoped as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 21st day of November AYES, COT~NCILMEN NOES, " ABSENT " , 19 66 , by the following vote: Frank J. Bertucelli~ Patrick E. Ahern, Emilio Cortesi, Andrew Rocca and Guido J. Rozzi None None As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 21st day of November 19 66 . ~eayor -20-