HomeMy WebLinkAboutStaff Report 4.F 09/18/2017Agenda Item #4.F
DATE: September 18, 2017
TO: Honorable Mayor and Members of the City Council through City Manager
FROM: Da Std k ASCE — Director, Public Works & Utilities
SUBJECT: Resolution to Approve Rules and Regulations for the Marina and Turning Basin
in Accordance with the Petaluma Municipal Code, 13.24, Waterways
RECOMMENDATION
It is recommended that the City Council Adopt a Resolution to Approve Rules and Regulations
for the Marina and Turning Basin in Accordance with the Petaluma Municipal Code, 13.24,
Waterways.
BACKGROUND
The City operates 180 mooring slips and four public docks, including a fuel dock, at the Marina
and Turning Basin. With nearly 70 current long -term slip and kayak rentals, and holiday and
weekend yacht events that can draw 100 vessels, it is important that the venues have current and
updated Rules and Regulations. The Waterways Ordinance, which establishes rules for vessels
in the Petaluma River, including the Turning Basin and Marina, were originally adopted on
April 10, 1978 as part of City Ordinance 1284 N.C.S. and amended by Ordinance 1328 N.C.S.
on October 16, 1978 and by Ordinance 1463 N.C.S. on April 27, 1981.
On February 20, 1990, City Ordinance 1793 N.C.S. amended P.M. C. Chapter 13.24 to create the
Petaluma Waterways Ordinance. Section 13.24.170, Additional Rules and Regulations, grants
the City Council the ability to "adopt such additional rules and regulation as it determines are
necessary to operate and manage the Turning Basin, waterways and /or Marina." The Marina has
utilized a version of the proposed Rules and Regulations for many years; however, a search of
the City records could not reveal a former Council resolution to approve them. The proposed
action formalizes these rules and allows updating for current general lease requirements and
liveaboards.
The proposed action is to adopt additional rules and regulations as described herein and included
as Attachment 2. Rules and regulations will support the fair, orderly, and efficient operation of
the Marina and Turning Basin, taking into considerations recent changes in the City's new
general lease with the State Lands Commission affecting liveaboard use, and environmental
practices.
DISCUSSION
It is recommended that the City Council adopt the Rules and Regulations governing the Marina
and Turning Basin as authorized in the Petaluma Municipal Code section 13.24.170 because
there have been changes in the operations of the Marina since Chapter 13.24 was last updated in
1990. Changes include the retirement of the former harbormaster after 18 years with the City
with daily management now absorbed in department operations. Liveaboards, while not new, are
now authorized at the Marina by the new State Lands Commission (SLC) General Lease. Other
changes involve fueling of vessels at the Marina and best management practices imposed as a
condition of the new SLC lease. The proposed rules and regulations were developed to address
operational changes and other requirements of the SLC after researching rules and regulations
used by other marinas in the Bay Area, including the City of Alameda's Marina.
The proposed rules and regulations generally fall into four categories: administration of
facilities, allowed uses and prohibitions, environmental requirements, and general authorities.
Administration is covered by sections 1 through 7 and address mooring agreement procedures,
charges, late payments, and relinquishments. Uses are addressed in section 8 through 22 and
cover conditions on the docks and gangways, utility use, disturbances, operations within the
harbor, live - aboards and residential restrictions, minors, pets, parking and access gates,
fueling, and care in berthing vessels. Environmental issues related to refuse disposal, vessel
maintenance, solid and liquid waste, and compliance with all Federal, State, and local
regulations are addressed in sections 23 through 26. General provisions dealing with property
damage, advertising, violations, accident reporting, and enforcement authorities are covered in
sections 23 through 31. The rules and regulations have been used informally for many years
and the proposed version does not include anything new with the exception to the inclusion of
specific provisions of the new State Lands Commission lease, which are generally related to
environmental concerns. The live aboard provisions were formally a stand -alone document but
are not incorporated in the formal document now that the General Lease allows a limited
number of liveaboards.
FINANCIAL IMPACTS
The proposed action will not result in any unbudgeted fiscal impact to the City.
ATTACHMENTS
1. Resolution
2. Exhibit A — Marina and Turning Basin Rules and Regulations revised on July 19, 2017
3. Petaluma Municipal Code Chapter 13.24
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Attachment 1
RESOLUTION TO APPROVE RULES AND REGULATIONS FOR THE
MARINA AND TURNING BASIN IN ACCORDANCE WITH P.M.C. 13.24.170 OF THE
WATERWAYS ORDINANCE
WHEREAS, the City Council is authorized to adopt such Rules and Regulations governing the
Marina and Turning Basin (Facilities) in the Petaluma Municipal Code (P.M.C.) section
13.24.170; and
WHEREAS, the State Lands Commission has authorized the City of Petaluma to have
liveaboards at the Marina and requires best management practices and other lawful act in the
current General Lease; and
WHEREAS, the Marina operations and other related regulations and maritime practices have
changed since the last update to the P.M.C. section 13.24; and
WHEREAS, Rules and Regulations for Marina and Turning Basin are a necessary and prudent
management tool to assure fair, consistent, and efficient management of the Facilities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City hereby adopts the
Marina and Turning Basin Rules and Regulations as contained in Exhibit A.
Attachment 2 — Exhibit A to Resolution
CITY OF PETALUMA
MARINA AND TURNING BASIN
RULES AND REGULATIONS
Adopted by City Council by
Resolution on September 18, 2017
In accordance with Section 13.24.170 P.M.C.
Working Draft Revised: September 11, 2017
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MARINA and TURNING BASIN RULES AND REGULATIONS
TABLE OF CONTENTS
SECTIONS
Page
1
Purpose and Definitions ............................................................. ..............................3
2
Authority of Harbormaster ......................................................... ..............................3
3
Mooring ...................................................................................... ..............................4
4
Mooring Charges ....................................................................... ..............................4
5
Non - payment of Charges ........................................................... ..............................5
6
Release of Assigned Facilities ................................................... ..............................5
7
Registration and Numbering, Furnishing to Harbormaster ........ ..............................5
8
Hazardous Obstructions Prohibited, Boarding Platforms .......... ..............................5
9
Use of Water and Electricity ...................................................... ..............................6
10
Unnecessary Disturbance ........................................................... ..............................6
11
Vessel Traffic within the Marin / Turning Basin ....................... ..............................7
12
Swimming or Diving in the Marina or Turning Basin ............... ..............................7
13
Lodgings .................................................................................... ..............................7
14
Minors in Marina or Turning Basin ........................................... ..............................7
15
Fishing in the Marina or Turning Basin Prohibited ................... ..............................8
16
Maintenance and Care in Berthing ............................................ ..............................8
17
Security Gates ........................................................................... .............................10
18
Vehicle Parking ........................................................................ .............................10
19
Pets ............................................................................................ .............................10
20
Boat Races, Regattas or Exhibitions ......................................... .............................10
21
Fueling ...................................................................................... .............................11
22
Live- aboards ............................................................................ .............................11
23
Disposing of Refuse .................................................................. .............................12
24
Maintenance of Facilities .......................................................... .............................12
25
Solid and Liquid Waste Disposal .............................................. .............................13
26
Compliance with Federal, State and Local Rules and Regulations
.......................13
27
Damage of Property .................................................................. .............................14
28
Solicitation, Advertising and Signs ........................................... .............................14
29
Violation of Rules and Regulations .......................................... .............................14
30
Accident Reports ....................................................................... .............................14
31
Enforcement .............................................................................. .............................14
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1. PURPOSE AND DEFINITIONS
The purpose of these rules and regulations is to augment and clarify requirements
imposed by Chapter 13.24, P.M.C., the Waterways Ordinance. Should any provision of
the Rules and Regulations be in conflict with any provision of the Waterways Ordinance,
the Waterways Ordinance shall control. For the purpose of these Rules and Regulations,
the following definitions and those in the Waterways Ordinance, Chapter 13.24, P.M.C.,
shall apply:
A. "City" shall mean the City of Petaluma.
B. "Lessee" or "Licensee" means boat agent or owner who is signatory on a Berth
Licensing Agreement with the City and is assigned a berth.
C. "Marina" or "Harbor" means that portion of the land under the jurisdiction of the
City which is bounded by a drainage channel on the southwest, Northwestern
Pacific Railroad tracks on the northwest, another drainage channel on the east and
the Petaluma River on the south, including launch ramp.
D. "Turning Basin" means that area of water extending north from the "D" Street
Bridge to the Balshaw Pedestrian Bridge.
E. "Harbormaster" means the person in day -to -day charge of the actual operations of
the Petaluma Marina and Turning Basin or the City Manager or his/her designated
representative. In the absence of a designated Harbormaster, the Public Works
and Utilities Director shall serve as the Harbormaster.
F. "Channel" means any waterway now navigable by vessels including the structure
and facilities created to facilitate navigation.
G. "Berth" or "Mooring" means a place assigned by the City to secure a vessel, such
as a dock, slip, end tie or anchorage.
H. "Moor" means securing a vessel to any dock, pier or other object by line, anchor
and rode, or other device.
I. "Live- aboard" refers to a licensee who has applied for and been granted
permission from the Harbormaster to use the vessel occupying a berth in the
Marina as a semi - permanent residence.
2. AUTHORITY OF HARBORMASTER
The Harbormaster shall interpret and enforce the rules, regulations, and ordinances
pertaining to the Marina and Turning Basin. All orders given in the performance of
his/her duties shall be obeyed. Every boat entering the Marina and Turning Basin shall
immediately become subject to the authority and direction of the Harbormaster. The
Harbormaster may assess service fees for any services rendered. The Harbormaster is
authorized to enforce all said Rules and Regulations and to deny use of the facilities at
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the Marina or Turning Basin for violation of said Rules and Regulations. The decision of
the Harboiniaster on these matters shall be final.
3. MOORING
A. Applications for berths in the Marina and Turning Basin shall be made to the
Harbormaster on the form furnished by the City.
B. Each boat shall be berthed in the space assigned by the Harbormaster. No
exchange of berths between boat owners will be permitted without the prior
approval of the Harbormaster.
C. In the event of a sale of a boat moored in an assigned berth, Lessee /Licensee shall
have no right to transfer his/her berth agreement. Berthing agreement shall
terminate thirty (30) days after sale of boat.
D. Any sale, purchase or trade of boats occupying permanent mooring space in the
Marina or Turning Basin must be immediately reported to the Harbormaster.
E. The holder of a permanent berth assignment of a specific size has no pre - emptive
right to a larger berth in the event he /she purchases a larger boat.
F. Mooring of a boat the size of which is greater than that of the berth assigned to
the Lessee /Licensee is not permitted unless authorized by the Harbormaster.
G. The Harbormaster shall have the authority to move, or relocate in the Marina or
Turning Basin any boat berthed therein, if such change is required for safety and
protection of persons or property, for repair and maintenance of the Marina or
Turning Basin facilities or for obtaining optimum utilization of facilities
available.
H. Unauthorized berth occupancy is prohibited, and the Harbormaster is authorized
to move or secure the boat until berthing fees plus any penalty has been paid.
I. No berth shall be sub - leased by Lessee /Licensee, unless indicated otherwise in a
valid lease or license document, and authorized by the City. Any such activity
noted by Marina or Turning Basin personnel will result in cancellation of berth
and subsequent removal of vessel in berth at time of cancellation unless other
arrangements are authorized by the Harbormaster.
4. MOORING CHARGES
A. Charges for all berths shall be made in accordance with the fees set by the
Petaluma City Council.
B. If a berth is assigned effective the first day of the month, then the full month's
rental is charged. If an initial period is less than a full month, the charge will be
on a pro -rata basis utilizing a thirty (30) day schedule for all months.
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C. All berthing fees are due and payable monthly in advance on the first day of each
month, and become delinquent if not paid by the 10th day of the same month.
D. All berthing fees not paid by the 10th day of the month in which it falls due shall
be subject to a late charge of 10 percent (10 %).
5. NON - PAYMENT OF CHARGES
A. Should nonpayment of charges occur, City shall use the Boater's Lien Law
(Harbor & Navigations code section 500 et seq.) to secure compensation and to
sell the liened vessel, should that be necessary, in accordance with that section.
B. No person shall remove or cause to be removed from the Marina or Turning Basin
any vessel upon which charges for mooring or any other proper charges are
delinquent without paying all such delinquent charges.
C. The City and the Harbormaster are authorized to take all actions legally allowed
and necessary to prevent the unauthorized removal of a vessel to avoid payment
of mooring fees or other charges, including the moving, securing, or otherwise
fastening of the vessel.
6. RELEASE OF ASSIGNED FACILITIES
The Harbormaster shall be notified in writing of the exact date of relinquishment of an
assigned berth. This notice must be given at least thirty (30) days in advance of the
effective date of release. Charges will continue until thirty (30) days after such written
notice is received.
7. REGISTRATION AND NUMBERING: FURNISHING INFORMATION TO THE
HARBORMASTER
A. Every undocumented vessel entering the Marina or Turning Basin must be
registered and numbered as provided by the laws of the State of California
B. The owners of vessels entering the Marina or Turning Basin shall furnish all
information relating to the vessel and the ownership thereof as may reasonably be
required by the Harbormaster, including but not limited to owner and /or agent's
name and contact information, boat specifications, make and model and year
built, insurance coverage, recent maintenance history or vessel survey, and recent
picture of vessel.
8. HAZARDOUS OBSTRUCTIONS PROHIBITED, BOARDING PLATFORMS
A. Floats, gangways, tops of lockers and docks shall be kept clear at all times of
skiffs, tenders, miscellaneous gear, debris or other hazardous obstructions.
B. Any condition aboard of around any boat, float or gangplank caused by the berth
holder which, in the opinion of the Harbormaster constitutes a fire hazard, health
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menace, or danger to public safety, shall be corrected or removed immediately to
the satisfaction of the Harbormaster. In the event of the refusal or neglect of the
owner or lessee /licensee to remedy forthwith the aforesaid condition when
reported to him/her, the Harbormaster or the City shall remove the cause of the
complaint and cancel the berth assignment of such owner or lessee /licensee.
C. Boarding platforms or ladders on floats shall be permitted, subject to the approval
of the Harbormaster, provided that any platform used for boarding shall not be
over eighteen ( "18 ") inches in width and three (3') feet high, and shall be of
lightweight construction. The platform shall not be used as a storage locker.
D. No person shall build or place in or about the Marina or Turning Basin any
structures, such as walkways, gangplanks, finger floats, rubbing piles, dock boxes,
etc., without the prior written approval of the Harbormaster.
E. All boats must be secured so that no part, including bowsprit, boom, boomkin, or
equipment will block any portion of the walkway.
9. USE OF WATER AND ELECTRICITY
A. Charges for water and electricity under normal usage are included in mooring
fees.
B. Continuous use of water for siphoning is prohibited except in the case of an
emergency. The existence and nature of the emergency shall be reported
immediately to the Harbormaster.
C. Use of electricity on vessels shall be controlled so as to minimize any electrolysis
problems to other vessels or to improvements in the Marina or Turning Basin. If
the Harbormaster should determine that a vessel's electrical power use is causing
excessive electrolysis problems, the power service to the vessel may be
terminated until the electrolysis problems are corrected by the vessel's owner.
10. UNNECESSARY DISTURBANCE
A. Outboard motors attached to any boats must be equipped with mufflers approved
by the California Air Resources Board or the manufacture of the motor.
B. The owner of the vessel is responsible for the conduct and action of his /her crew,
guests, and occupants. Any unnecessary noise, including loud talking or
argument; and the loud playing of music or other electronic noisemaking devises
is prohibited from 10 P.M. to 8 A.M.
C. It is unlawful to sound, operate or cause to be sounded, any siren on a vessel in
the Marina or Turning Basin except on vessels owned or operated by a
government agency.
D. Parties and gatherings that cannot be contained on a vessel are prohibited.
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It. VESSEL TRAFFIC WITHIN THE HARBOR
A. All vessels approaching or within the Marina or Turning Basin must be operated
in a safe and piudent manner and in no event shall the entrance to the Marina or
Turning Basin be blocked by general boating activities or fishing.
B. The speed of any vessel, within the Marina or Turning Basin, shall not exceed a
flat wake, except under emergency conditions.
C. The Marina or Turning Basin shall not be used for the movement of any vessels
except for the purpose of entering or leaving a berth or launch ramp area and
necessary maneuvering in connection therewith.
12. SWIMMING OR DIVING IN THE MARINA OR TURNING BASIN
A. It shall be prohibited for any person to swim, bathe, or wade; or use a water -ski,
jet ski, or surfboard in any portion of the Marina or Turning Basin. Swimming is
authorized for cleaning a boat hull within the assigned berth or slip, only.
B. It is prohibited for any person to engage in skin diving or underwater breathing or
to engage in any other underwater activity requiring such breathing apparatus
within the Marina or Turning Basin except if diving for salvage. Repair or
recovery purposes may be authorized upon written application to the
Harbormaster.
C. When persons are engaged in an underwater diving activity as authorized by the
Harbormaster, there shall be present an attendant not less than sixteen (16) years
of age who shall be on the surface of the water close over the person or persons
engaged in the underwater activity, and such attendance shall conspicuously
display the diver's flag during the activities.
13. LODGINGS
It shall be unlawful for any person to reside on any vessel berthed in the Marina or
Turning Basin for more than 3 nights in any 14 -day period without a written agreement
with the City that specifically allows this.
14. MINORS IN HARBOR
It shall be prohibited for any person under the age of sixteen (16) years of age to go,
remain, or be upon any of the gangways, floats or vessels in the Marina or Turning Basin,
unless such person is accompanied by an adult, or unless such person has the written
permission of the owner of any vessel located in the Marina or Turning Basin to go upon
such vessel.
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15. FISHING IN TURNING BASIN PROHIBITED
Fishing, crabbing and cleaning of fish on gangplanks, boats and floats is strictly
prohibited in the Marina or Turning Basin.
16. MAINTENANCE AND CARE IN BERTHING. ANCHORING AND MOORING
VESSELS
A. All vessels shall be berthed and secured with proper care and equipment, and such
berthing or equipment shall be maintained at all times to prevent possible damage
to the vessel, adjacent vessels, or docks.
B. A vessel owner or any person in charge of a vessel shall pay the City for:
All reasonable expenses incurred by City in attempts to secure or protect
vessels or their contents from harm.
2. All damage to City property caused by such owner or person.
All costs or raising, moving, impounding and storing any vessel or
vehicle.
Failure to pay all such charges shall subject persons and vessels to legal action
including, but not limited to, enforcement of the State Boater's Lien Law.
C. No person shall bring into moor or berth, within the Marina or Turning Basin, any
vessel of any kind whatsoever which is so unseaworthy or in such badly
deteriorated condition that it may cause damage to 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. The Harbormaster shall be the sole judge as to the condition of the vessel,
for the purposes of this Section.
D. At the Marina, small tenders and rowboats are permitted to be moored, if kept by
and for the use of the berth holder and berthed within the limits of the berth
assigned. They shall not be placed on the piers or docks.
E. Automotive -type battery chargers are not permitted in the Marina or Turning
Basin.
F. Abandoned Vessels:
It is unlawful, under Harbor & Navigations Code section 525,for any
owner or other person in control of any vessel, watercraft or other object
to abandon any such vessel, watercraft or other object in the Marina,
Turning Basin, the tidelands or submerged lands.
2. Any such vessel, watercraft or other object may be removed and disposed
of as provided by the Harbors and Navigation Code section 525. The cost
of such removal and disposition incurred shall be paid by the owner or
person in control of such vessel, watercraft or other object.
G. Mooring in Entrances — Vessel Removal:
If any unattended vessel, watercraft or other object shall be found to be
anchored or moored within the entrance to the Marina, Turning Basin or
channel, secured to any jetty, breakwater, buoy or other thing without
authorization, the Harbormaster or his/her assistants may assume custody
of such vessel, watercraft or other object and cause it to be removed or
held or placed in storage. Such costs incidental to this action shall be the
liability of the owner or owners.
2. The Harbormaster and his /her assistants shall not be held liable for any
damage to such vessel, watercraft or other thing whether such damage
occurs before or after he /she assumes custody.
3. If such vessel, watercraft or object is not claimed by the owner thereof, the
Harbormaster may dispose of such vessel, watercraft or object in the
manner provided in the Harbors and Navigation Code or the Civil Code of
the State.
H. Sunken Vessels:
In the event a vessel or other craft is wrecked or sunk within the Marina or
Turning Basin, 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 City property or other vessels in the
Marina or Turning Basin.
2. Any owner or operator of a vessel, watercraft or object, which sinks
accidentally or otherwise within the Marina, Turning Basin or entrance
thereto, shall immediately mark it with a buoy or beacon by day and by a
lantern or light by night and maintain such markings until the sunken
vessel, watercraft or obstruction is removed.
The owner or operator of such sunken vessel, watercraft or object shall
immediately advise the Harbormaster of the sinking and immediately
commence removal of such vessel, watercraft or object and prosecute the
removal diligently to completion.
4. If the owner or operator of such sunken vessel, watercraft or other object
fails, neglects or refuses to remove such sunken vessel, watercraft or other
object in a reasonable time, the Harbormaster may cause the removal of
such vessel, watercraft of other object and dispose of it as provided by the
Harbors and Navigation Code or the Civil Code of the State.
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The owner or owners of such vessel, watercraft or object shall be liable to
the City for costs incidental to the removal and disposition.
6. Neither the Harbormaster, his /her assistants, nor the City shall be liable to
any person, film or corporation for damage as a proximate cause of the
sunken vessel, watercraft or object or damage caused by removal of such
vessel, watercraft or object.
17. SECURITY GATES
No person shall be permitted to be present beyond the security gates on any pier to which
access is restricted by such gate between the hours from dawn to dusk unless such person
is a permittee whose vessel is berthed at such pier or is an authorized guest of such
permittee, or unless such is on official business of the City of Petaluma, the State of
California, or the United States of America, or unless such person has been specifically
authorized to enter such pier by the Harbormaster.
18. VEHICLE PARKING
Vehicles shall park only in those areas designated and marked for such parking. Vehicles
parked in excess of 72 hours without permission will be subject to citation or removed at
owner's expense.
19. PETS
Animals running at large are prohibited. No owner or keeper of an animal shall allow or
permit such animal, whether licensed or unlicensed, to run at large within the Marina or
Turning Basin areas. Such animal should be securely restrained by a substantial leash not
to exceed six (6) feet in length and is in the control of a person competent to keep such
animal under effective charge and control.
20. BOAT RACES, REGATTAS, EXHIBITIONS or OTHER PUBLIC EVENTS
It is unlawful to conduct, participate in or cause to be conducted any regatta, boat race,
tournament, exhibition, or public event within the Marina or Turning Basin without
written permission of the City and subject to existing regulations, including acquisition of
a special events permit, demonstration of requisite insurance coverage, indemnification of
the City, and payment of any costs incurred by the City on behalf of the event.
21. FUELING
Outside fueling is prohibited at Marina or Turning Basin. While vessel is in these Marina
facilities, bringing in and using outside fuel is not allowed due to the increased risk of
spillage and contamination. A fueling station is provided at the Marina and shall be
utilized for vessels in transit or berthed at the Marina or Turning Basin.
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22. LIVE- ABOARDS
A. The Marina allows Live - aboard tenants for the specific purpose of providing an
additional level of security for the Marina. These rules are designed to assure a high
quality experience for our recreational boaters.
B. The harbormaster has a right to inspect any live -board vessel, both outside and below
with a 24 hour notice given in advance.
C. The primary Live - aboard occupant must be owner or designated agent of the signatory
of the licensing agreement for the berth, and the occupant must be using the vessel as
their primary residence. Live - aboard status will not be granted as a second home or
part-time residence because little or no security benefit will result.
D. The harbormaster can terminate Live - aboard status for any reason by providing 30 -day
notice to the signatory of the relevant licensing agreement.
E. The vessel may be occupied by primary occupant and one other person. The names of
occupants must be submitted in writing to the Harbormaster. No children under the age
of 18 are allowed as permanent occupants
F. All vessels used for Live - aboard purposes must be at least 30' in length and shall have
a minimum of 6' of headroom. The Harbormaster shall give preference for approval of
Live - aboard licenses to owner /agents of larger boats.
G. No pets are allowed on Live - aboard vessels except documented service animals for
handicapped occupants.
H. Permission to Live - aboard in a berth is not transferable.
I. Live - aboard occupants may not place or store items on the dock, except in designated
dock, boxes. Live - aboard occupants or vessels are permitted to leave their slips for a
period of up to one month without losing the Live - aboard or berth privileges. Longer
absences must be approved in writing in advance by the harbormaster. Slip and Live -
aboard fees will be charged for such absences.
J. Live - aboard tenants are permitted to park one motor vehicle in designated parking
spaces in the Marina overnight, space available. Bicycles must be stored on the vessel
or in approved areas, and other types of vehicles must be approved by the Harbormaster
K. A live- aboard vessel is required to leave the Marina at least once, for a minimum of 6
hours, each 90 -day period. Lessee /licensee is required to notify the Harbormaster of the
date and time of such departures and returns.
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L. All Live - aboard vessels must meet the minimum standard of seaworthiness, and shall
not be badly deteriorated. Vessels shall have:
1. Galley with marine stove, sink, and sitting area with salon table,
2. A coast Guard approved MSD (Marine Sanitation Device), or holding tank
with pump -out capabilities,
3. All required Coast Guard approved equipment (flares, fire extinguishers,
personal floatation devises, emergency bilge pump),
4. A fully operational inboard or outboard engine that meets manufactures
specifications,
5. A state of good repair and appearance,
6. Seacock from the head for direct dumping MUST be in the closed
position and locked,
7. Adequate berthing areas for those living on board, and
8. No tarps or temporary fabric materials on top of boat.
23. DISPOSING OF REFUSE
A. No person shall throw, discharge, or deposit from any vessel on the shore, or float
any refuse matter of any kind whatsoever into or upon the waters of the Marina or
Turning Basin, or in, on or upon the banks, walls, sidewalks, or branches of any
water within the boundaries of the Marina and Turning Basin areas.
B. All garbage must be deposited in receptacles furnished by the City for that
purpose, or removed from the Marina or Turning Basin area. Receptacles /trash
bins provided by the City shall be used only for refuse generated at the Marina or
Turning Basin. No garbage, trash, tree trimmings, grass clippings, discarded
furniture, appliances, junk etc., from the Marina or Turning Basin area shall be
placed in the trash receptacles. No person shall clean or process fish, shellfish or
game in the Marina or Turning Basin except at locations designated for that
purpose by the Harbormaster.
24. MAINTENANCE OF VESSELS
A. Repairs to, and maintenance of a vessel, may be made or accomplished while
such vessel is at its berth, provided all such work is done within the confines of
the vessel itself and is not carried on in any manner whatsoever upon floats,
gangways, or docks. All materials used in such repair or maintenance work must
also be kept within the confines of the vessel and may not be kept upon floats,
gangways or docks. Spray painting is not permitted in the Marina or Turning
Basin.
B. No boat shall be materially or structurally altered, repaired, rebuilt or engine(s)
removed /installed except in such authorized spaces as approved in writing by the
Harbormaster. Boat engines shall be maintained in compliance with
manufacturer's specifications and with all applicable pollution control measures
and boaters shall exercise best efforts to reduce air pollution.
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C. No paint shall be removed by any means from any boat in a slip other than for
minimum maintenance. All sanding residual, paint and dust must be controlled
and kept out of the Marina or Turning Basin and off other boats. No bottom paint
application or hull washing is allowed
D. Boats are required to be maintained in an operable condition and shall be
seaworthy. The Harbormaster may request, on a fifteen (15) days' written notice,
a demonstration of the boat's operability and seaworthiness unless other
arrangements are authorized in writing by the Harbormaster.
25. SOLID AND LIQUID WASTE DISPOSAL
A. It shall be unlawful for any person to discharge solid or liquid waste in the waters
of the Marina, Turning Basin or the Petaluma River.
B. No person shall dump or discharge oil, spirits, inflammable liquids, or
contaminated bilge water in the Marina or Turning Basin. In the event of any
discharge, or in the event of an oil spill or other petroleum products entering the
waters of the Petaluma Marina or Turning Basin, the Harbormaster shall be
notified immediately. The Harbormaster is authorized to contract for the cleanup
of such spill or discharge, the cost of which is to be paid by the responsible person
or vessel owner.
C. No person shall operate or berth in the Marina or Turning Basin any vessel
equipped with a marine sanitation device, unless such device is sealed or
otherwise rendered inoperable, or designed and installed in accordance with
current regulations so that no raw human excreta can be discharged into the
waters of the Marina, Turning Basin or the Petaluma River.
D. The Harbormaster shall have the authority to board any vessel berthed in the
Marina or Turning Basin to inspect such installations for compliance with this
Section.
26. COMPLIANCE WITH FEDERAL, STATE AND LOCAL RULES AND
REGULATIONS
A. All persons using the Marina or Turning Basin shall comply with all the Rules
and Regulations adopted by the United States of America, State of California, and
local agencies with regard to water safety requirements, and operation and
maintenance of boats. The waiver by the Harbormaster of any breach of any of
these rules and regulations shall not be deemed to be a waiver of any other rule, nor
of any subsequent breach of the same or any other rule. Acceptance of fee
payments, whether or not in arrears, shall not be deemed to be a waiver and shall
not estop Petaluma Marina from asserting Owner's breach of any of these rules.
B. All persons and vessels using the Marina or Turning Basin shall comply with the
best management practices promulgated by the State Lands Commission and
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made a part of the City's General Lease and all individual lease /licenses for a
mooring slip or "transient dockage ".
27. DAMAGE TO PROPERTY
The owner of a vessel must assume all liability for loss and damage to his /her property of
any kind while it is within the limits of the boundary of the Marina or Turning Basin.
The City of Petaluma assumes no risk or liability on account of fire, theft, act of God, or
damages of any nature to vessels or their contents. Boat owner agrees to obtain and
maintain insurance on his/her boat in an amount of no less than $300,000 combined
single - limit, providing liability and property damage coverage.
28. SOLICITATION, ADVERTISING AND SIGNS
A. Solicitation in the Turning Basin without a permit is prohibited.
B. No person shall row, propel, navigate or maintain any vessel or float in the
Marina or Turning Basin for the purpose of advertising without first having
received a permit for such purposes.
C. No signs of any kind or description shall be posted on piling, gangplanks or floats
without receiving prior approval from the Harbormaster.
D. The use of the mooring berth shall be for vessel storage only. No business, trade,
profession or commercial operation shall be conducted on the premises.
29. VIOLATION OF RULES AND REGULATIONS
A. An applicant for a berth assignment agrees by his/her signature on the application
form to comply with these Rules and Regulations.
B. The Harbormaster shall have the right to deny the use of the Marina or Turning
Basin and to cancel the berth assignment and require removal of any boat of any
owner, who in the opinion of the Harbormaster, fails to comply with the Rules
and Regulations for the operation of the Marina or Turning Basin.
30. ACCIDENT REPORTS
A duplicate copy of any report of any accident occurring in the Marina or Turning Basin
involving any one or more vessels shall be filed with the Harbormaster within 24 hours of
the occurrence of the incident.
31. ENFORCEMENT
A. The Harbormaster, and members of the Petaluma Police and Public Works and
Utilities Departments shall enforce the provisions of this Chapter, the provisions of
the Harbors and Navigation Code, City of Petaluma Municipal Code, Section
13.24.010 — 13.2.150, "Waterways," and all other laws pertaining to the Marina and
14
Turning Basin, including BMP's and regulations imposed by the State Land
Commission through the lease to the City for the Marina and Turning Basin.
B. Any infractions of these rules and regulations or other problems should be reported to
the Harbormaster.
C. The City reserves the right to modify these rules and enact additional rules and
regulations without notice. A current copy of the Rules and Regulations is available
from the Harbormaster.
END OF DOCUMENT
SAOperations\Marina- Turning Basin \Operating Plan\Rules Regs Ordinances \Marina & Turning Basin Rules and Regulations
17.06.21.docx
15
PETALUMA MUNICIPAL CODE
A Codification of the General Ordinances
of the City of Petaluma, California
CODE PUBLISHING COMPANY I Seattle, Washington
CHAPTER 13.24
WATERWAYS'
13.24.010 Title of chapter.
Attachment 3
This chapter shall be known and may be cited as the "Petaluma Waterways Ordinance." (Ord. 1793 NCS §1
(part), 1990.)
13.24.020 Purpose.
. . . . . . .
... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............ . ..............
This section establishes rules and regulations for use of the turning basin, waterways and /or marina. Particular
consideration is given by this chapter to restrict the commercial berthing areas of the turning basin for
commercial fishing vessels from the period of October 1 to April 30. From the period of May 1 to September 30,
more berthing space shall be available for use by transient vessels. (Ord. 1793 NCS §1 (part), 1990.)
13.24.030 Definitions.
The following words and phrases shall have the meaning ascribed to them by this section:
A. 'Berth" means a place assigned by the city to secure a vessel.
B. "To berth, moor, or anchor," means to secure a vessel to or upon any land, submerged land, mooring,
fixture or structure by any means.
C. "City" refers to city of Petaluma.
D. "Commercial berthing area" means those docks so designated by the city and posted pursuant to Section
13.24.130.
E. "Commercial fishing vessel" means any vessel currently registered with the California Department of Fish
and Game used to obtain fish or other seafood for profit.
F. "Day" means any twenty -four hour period of time.
G. "Docking area" means that portion of the turning basin and marina to which vessels are normally secured
including but not limited to any float.
H. "Float" means any wharf, slip, pier, dock, quay, landing or floating platform used or normally used for
securing a vessel.
I. "Emergency" means a situation which poses an imminent threat of harm to persons or property.
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J. "Harbormaster" means the person in day -to -day charge of the actual operations of the Petaluma Marina or
the public works director or his /her designated representative.
K. "Marina" means that portion of land under the jurisdiction of the city which is bounded by a drainage
channel on the southwest, Northwestern Pacific Railroad tracks on the northwest and another drainage channel
on the east and the Petaluma River on the south, including launch ramp.
L. "Major repairs" means any construction, repair or replacement of structural members or portions of any
boat, including repairs to the engine, gears, driveshaft, propeller or other propulsion system, other than routine
repairs and maintenance.
M. 'Pollutant" means any substance that may cause harm to persons, property or environment including but
not limited to any substance identified as a pollutant by state or federal water pollution, air pollution or
hazardous waste laws.
N. 'Public fishing area" means any area posted and designated as such by the City of Petaluma.
O. "Residence" means a vessel used as a sleeping accommodation for more than three days in any fourteen
day period.
P. "Sewage" means any and all waste substance, liquid or solid associated with human habitation, or which
contains or may be contaminated with human or animal excreta or excrement, offal, or any feculent matter,
excepting galley wastewater and water used for exterior washdown or cleaning.
Q. "Vessel' means every description of watercraft used or capable of being used as a means of
transportation on water.
R. "Waterways" means any navigable waters within the territorial limits of the city.
S. "Turning basin" means area of water extending north from the "D" Street bridge to the Balshaw Pedestrian
Bridge.
T. "Transient vessel' means any vessel which is berthed or moored without permit within the waterways or
turning basin.
(Ord. 1793 NCS §1 (part), 1990.)
13.24.040 Duties of public works director and /or designated employees.
............................................... . ................................................. . . . . . . . . . ......................................................... . ............................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. The public works director shall have full authority to enforce this chapter. His powers and duties include,
but are not limited to:
1. Managing the operations of the turning basin, waterways and /or marina, including approval
of and executing berthing permits.
2. Posting or restricting areas of the turning basin, waterways and /or marina for certain uses
as provided in Section 13.24.100.
3. Boarding and moving, or ordering the owner or person in charge of any vessel to move, any
vessel to another position as he determines necessary under the following conditions:
20
a. To prevent harm to person or property, including but not limited to when necessary to
reduce risks due to fire, sinking, breakaway or collision; or
b. For the safe and orderly operation of the turning basin, waterways and /or marina,
including but not limited to where necessary because of space limitations or navigation
conditions;
4. Removing and impounding any vessel which has been abandoned, sunken or presents a
hazard to person or property;
5. Issuing citations for violations of any provision of this chapter or any rule or regulation
implementing this chapter.
6. Whenever a power is granted to, or a duty imposed upon the public works director, that
power may be exercised or the duty may be performed by any person so designated by the
public works director and as authorized by the city manager.
7. The city council may, by resolution, designate any employee to be a regular harbor
policemen within the meaning of Section 663.5 of the Harbors and Navigations Code. Any
person so designated is hereby charged with the responsibility for enforcing both this article and
all applicable provisions of the Harbors and Navigations Code within the turning basin and
waterways and may issue citations for violation of applicable provisions of the Harbors and
Navigations Code.
(Ord. 1793 NCS §1 (part), 1990)
13.24.050 Violation of chapter.
.......... . ............. . ................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. This chapter is not intended to be the exclusive means of regulating activity of the turning basin,
waterways and /or marina. Persons using turning basin, waterways and /or marina are subject to all other
applicable local, state and federal laws.
B. Any person violating any provision of this chapter shall be guilty of an infraction and subject to punishment
by:
1. A fine not exceeding one hundred dollars for a first conviction; or
2. A fine not exceeding two hundred dollars for a second conviction of this chapter within one
year; or
3. A fine not exceeding five hundred dollars for each additional conviction of this chapter
within one year; or
4. Such greater fine as may be authorized by state law.
C. For each day a violation of this chapter continues, it shall constitute a separate and distinct offense.
(Ord. 1793 NCS §1 (part), 1990.)
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13.24.060 Owner's responsibility to pay.
................. . ................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A vessel owner or any person in charge of a vessel shall pay the city for:
A. All berthing fees, transient docking fees, rents and other charges, all as approved and adopted by city
council;
B. All reasonable expenses incurred by city in attempts to secure or protect vessels or their contents from
harm;
C. All damage to city property caused by such owner or person;
D. All costs of raising, moving, impounding and storing any vessel or vehicle.
Failure to pay all such charges shall subject persons and vessels to legal action including, but not limited to,
enforcement of the State Boater's Lien Law.
(Ord. 1793 NCS §1 (part), 1990.)
13.24.070 Time of day restrictions.
. . . . . . . . . . . . . . . . . . . . . . . . . . ................ . ...................... . . . ...................................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A. In the turning basin or waterways, no person shall use a vessel moored or berthed therein as a residence
except as specifically authorized by the public works director, in writing, as follows:
1. A commercial fishing vessel may be used as a residence except such a vessel may not be
so used for more than five consecutive days in any three hundred sixty -five day period;
2. A transient vessel may be used as a residence for not more than three consecutive days in
any fourteen day period.
3. Emergency conditions: A vessel may be used as a residence when necessary during a
storm or emergency but in no event for more than ninety consecutive days in any three hundred
sixty -five day period.
B. In the turning basin and /or marina, no person other than a vessel owner and /or a person in charge of a
vessel (and /or a person at the invitation of either) shall be in the docking area between sunset and sunrise.
This restriction shall be posted as provided in Section 13.24.130.
C. In the turning basin, waterways and /or marina, amplified music, loud radios, shouting and any other loud
noise are prohibited between the hours of 11:00 p.m. and 5:00 a.m., unless specifically authorized in writing by
the public works director.
D. The mooring or anchorage of vessels, regardless of size, is prohibited within the city's waterways between
sunset of any day and sunrise of the next day, except at established public /private/ commercial docks or when
a bona fide emergency exists. Pursuant to Section 13.24.130, the public facilities and services director shall
post such signs as he or she deems appropriate along the Petaluma River, from its function with Washington
Creek, downstream to the southern corporate limits of the city, giving notice of this restriction.
(Ord. 2173 NCS §2, 2004: Ord. 1793 NCS §1 (part), 1990.)
22
13.24.080 Skateboard and bicycle restrictions.
Skateboards or bicycles are not permitted on any ramp, gangway or float of the turning basin and /or marina.
(Ord. 1793 NCS §I (part), 1990.)
13.24.090 Pollution control restrictions.
No person shall throw, discharge or deposit from any vessel, or from any part of the turning basin, waterways
and /or marina, any refuse or pollutant of any kind whatsoever directly into or upon the waters therein. (Ord.
1793 NCS §1 (part), 1990.)
13.24.100 Specific use and area restrictions.
A. No person shall operate any vessel:
1. Within the waterways, turning basin and /or marina in excess of that which creates a flat
wake;
2. In the turning basin and /or waterways on the land side of the docking areas. These areas
shall be posted.
B. No person shall launch or retrieve any vessel within the area of turning basin by use of a trailer.
C. The public works director may reserve areas of the turning basin, waterways and /or marina for temporary
recreational purposes by conspicuously posting signs reserving those areas. No person shall use any area of
the turning basin, waterways and /or marina in violation of any signs posted.
D. No person shall operate, anchor or moor any vessel larger than eighteen feet in length on the Petaluma
River upstream of the Balshaw Bridge. Pursuant to Section 13.24.130, the public facilities and services director
shall post such signs as he or she deems appropriate along the Petaluma River, giving notice of this and other
restrictions imposed by this section. (Ord. 2173 NCS §3, 2004: Ord. 1793 NCS §I (part), 1990.)
13.24.110 Damage to public property.
It shall be unlawful to willfully or carelessly destroy, damage, disturb, deface or interfere with any public or
municipal property in or adjacent to the waters of the municipality. (Ord. 1793 NCS §I (part), 1990.)
13.24.120 Operation, maintenance and docking of vessels on public docks.
A. No person shall, within the turning basin and marina make major repairs on any vessel except upon prior
written authorization of the public works director.
B. Exterior power- spraying is prohibited in the turning basin and marina.
C. No person shall sand any vessel or equipment in the turning basin and marina except by hand or small
power sander.
D. No person shall secure any vessel so that any part of the vessel, including bowsprit, boom, boomkit, or
equipment blocks any portion of any walkways of turning basin and marina.
23
E. No vessel owner or person in charge of any vessel shall obstruct passage on walkways and /or floats, in
any manner except by a landing step as hereinafter provided. Landing steps must be floatable, may not be
used for storage and shall not be more than one -half the width of any passageway. Landing steps shall be kept
on board the vessel when not in use.
F. No person shall allow any materials to remain on walkways and /or floats, other than for temporary
purposes.
G. No person shall permanently attach any tire, rope, canvas or other material to floats, piers, docks, piles or
any part of the turning basin and /or marina without the written approval of the public works director. Dock
lockers or similar dock storage are prohibited. Only floatable fenders are permitted for use within the turning
basin and /or marina.
H. No person shall build or extend any float, bulkhead or seawall, or structure of any kind whatsoever, within
turning basin, waterways and /or marina without the express written consent of public works director.
I. This section does not apply to private property.
(Ord. 1793 NCS §1 (part), 1990.)
13.24.130 Signs and posting.
The public works director may place and maintain, or cause to be placed and maintained, either on land or
water, such signs, notices, signal buoys, markers or control devices as he /she deems necessary to carry out
the provisions of this chapter, or to secure public safety and the orderly and efficient use of the turning basin
and marina, including the designation of anchorage or mooring areas. (Ord. 1793 NCS §1 (part), 1990.)
13.24.140 Rates and fees.
The city council shall establish, by resolution, rates for services, rents, fees and such other charges as may be
necessary for the orderly operation of the turning basin, waterways and /or marina. (Ord. 1793 NCS §1 (part),
1990.)
13.24.150 Berthing.
A. No person shall berth, moor or anchor a vessel except as authorized by a berthing permit, berthing
agreement or other written approval of the public works director. Any vessel which is lawfully berthed or
anchored is still subject to the provisions contained in Section 13.24.040 A, 3. of this chapter.
1. A berthing permit is that which is issued for areas of the turning basin and waterways.
2. A berthing agreement is that which is for space in the marina.
B. No person shall berth or anchor a vessel in the turning basin, waterways and /or marina which is
unseaworthy or in a badly deteriorated condition or which is likely to sink or to damage docks, wharves, floats
or other vessels or which may become a menace to navigation, except in cases of distress or emergency when
reasonable precautions for the safety of the persons and property of others have been taken.
C. No berthing permit or berthing agreement shall be issued to a vessel unless it is currently registered,
numbered or documented as required by state and /or federal law.
24
D. No person shall sublet a berth.
E. Berthing in the commercial berthing area of the turning basin shall be reserved for commercial fishing
vessels and any other commercial vessel so approved by city council, during the period of October 1 to April 30
of any year. During the period of May 1 to September 30, transient vessels shall have the right to occupy the
commercial vessel areas for temporary berthing.
(Ord. 1793 NCS §1 (part), 1990.)
13.24.160 Appeal.
In the event that any applicant or permittee is for any reason dissatisfied with the actions of the public works
director by reason of failure to grant a permit, the applicant or permittee shall have the right to appeal to the city
council, in writing, within ten days after notification of the action of the public works director. Upon receipt of an
appeal, the city clerk shall call a hearing at the next regular meeting not less than twenty days from receipt of
the appeal and give the applicant notice thereof by registered or certified mail addressed to the appellant, at the
address shown on the application or permit. At the conclusion of the hearing, the city council shall render a
decision, which decision shall be final. (Ord. 1793 NCS §1 (part), 1990.)
13.24.170 Additional rules and regulations.
The city council may, by resolution, adopt such additional rules and regulations as it determines are necessary
to operate and manage the turning basin, waterways and /or marina. Such additional rules and regulations may
provide for additional time of day, pollution control, use and area, operation and maintenance, or berthing
restrictions. All such rules and regulations shall be conspicuously posted in a location convenient to turning
basin, waterways and /or marina users. Copies of rules and regulations shall be available at the public works
office. No person shall use any portion of the turning basin, waterways and /or marina except as authorized by
such rules and regulations. Any violation of a posted and adopted regulation is a violation of this chapter. (Ord.
1793 NCS §1 (part), 1990.)
13.24.180 Conflict with other laws.
This chapter is not intended, and shall not be construed, to apply to any substance or activity which is regulated
by federal or state law, to the extent that application of this article would conflict with such law or would unduly
interfere with the achievement of federal or state regulatory objectives. It is the intention of the city council that
this chapter shall be interpreted to be compatible with federal and state enactments, and in furtherance of the
public purposes which those enactments express. (Ord. 1793 NCS §I (part), 1990.)
13.24.190 Berthing permit.
All applications for berthing permits shall be in writing on a form supplied by the city public works department,
and shall be accompanied by a fee prescribed by resolution of city council. (Ord. 1793 NCS §1 (part), 1990.)
13.24.200 Berth agreement.
All berthing agreements shall be in writing on a form supplied by the city public works department and shall be
accompanied by a fee prescribed by resolution of city council and copies of the marina rules and regulations.
(Ord. 1793 NCS §1 (part), 1990.)
25