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HomeMy WebLinkAboutResolution 90-027 N.C.S. 01/16/1990a resolution No.90-27 N.C.s. of the City of Petaluma, California APPR®VING 1VIARINA RULES ANI) REGUI,ATI®NS WHEREAS. the City of Petaluma intends to operate a public marina; and, WHEREAS, rules and regulations need to be adopted to insure the safe and orderly operation of the Marina; and, WHEREAS, the Public Works Department has drafted Rules and Regulations to govern the operations of the Marina: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby approves and adopts the Marina. Rules and Regulations as attached (Exhibit A). Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by theme"' Council of the City of Petaluma at a (Regular) (~an~(~le>~al~ meeting on the ..-15-th...-.-..... day of ..........Ianu~r.~r .............................•--, 19.9.0.., by the;-~; following vote; AYES: Tencer, Woolsey, Cavanagh, Balsahw, Davis, NOES: 0 '! ABSENT: 0 ~, ATTEST : ........................................ ...... .............................. :.... City Clerk Vice Mayor Sobel, Mayor Hilligoss as ~~- - . ~ ~lr.~~....__......._. ~-~!~4~'... Mayor Council File ...............•--°- .............. CA IO-85 Res. No. ........9.©....2.~....... N.C.S. °' - ~ /' PETALUMA MARINA APPLICATION FOR BERTHTNG .SPACE Registered Owner: Vessel Name: Social Security Number: Make of Vessel: Drivers License Number : Registration Number Residence Address : Hull Number:. City, State, Zip: Make of Engine: Phone:: Engine. Horsepower: Legal Owner : Power- : Sail : - Address : Length - City-, State;, Zip: Beam:: Draft: Insurance Carrier°: Insurance Phone: Radio Call Sign c marina 2 AGRMTS PETALUMA MARINA LEASE AGREEMENT THIS LEASE` AGREEMENT is en'te;red ~ into this day of 19 by and between the City of Petaluma, herein- after .referred. ,to. _ .as !'Lessor" and _ , hereinafter referred to as "Lessee." fihe address of Lessee is as folfiows telephone (home) (work) WHEREAS, Lessor has built, and maintains mooring berths for vessel. storage at the Petaluma Marina; and • WHEREAS, Lessee desires to lease one of those 'mooring berths for the storage of .Lessee's. vessel; NOW, TH-EREFOR,E, in consideration of the promises and mutual covenants contained in this-Lease Agreement, the 'parties hereby agree as follows 1. Premises., 'Le'ssor shall lease Berth No. at .the Petaluma Marina to ~ Lessee for the- purposes of the storage of Lessee's vessel only.. (This berth may be reassigned: by the Lessor's marina manager when the ~ manager deems it necessary .for operational requirements) . Z. ~ Term:. T-he. term of this Lease Agreement shall be on a month-to-month basis. commencing on • 19 3 . Fees . T:he berth rental fee shall be ' 'Dollars ($ ) per month., payable in advance poi . the first day .• of .each and every month.. This fee is subject to• peri odic :adjustment by Lesson. Lessee shall pay the first month'"s ~r"ental fee ~`or pro rata portion ~ thereof to Lessor upon execution of this Lease Agreement. Said payments shall ,,be made • to .Lessor, - • -1- payable to the 'City of Petaluma at 11 English. Street,. Pe'talurna, •. California 94953. .... The payment shall be: deemed; de'linguent if not ~received~ by Lessor witYiin,: ten (10) days of the first of :each month. Upon delinquency; there shall' be a ate charge due; immediately of ten percent (10$) per-.month of the' outstanding, balance. 4: Security -beposit. Lessee slaaal. °post a `sec_rty deposit" with . Lessori"n. an 'amount :equal, to one months rent: Lessee. sha•11 return th'e mooring berth to Lessor at the termination, of this Lease A;gr.eenent; . rin the same condfion , as at ~fhe beginning. o:f the- leasehold term,, s'iibject• to normal wear and tear. In the event' Less"or is required to repair said berth., t_he. security ,deposit shall' be ,ap_plied toward ~an.y such repair costs. A_ny remaining balance shall bye refunded" ~to ° Lessee following • ,._ termination of this°.•Lease Agreement. No:n.terest~ will b`e payablle on.. the ~ `' security deposit: 5~. Use. T,he use. of~ themooring 'berth shall b'e' for 'vessel storage only...'No~ business, . tra~de,~~ -profession or commercial operation ~' »shall •be conducted on. the. preen"ses. ~ There .shall be no, live-in occupancy one the •.premses without the p"rior written consent: •of the Harbormaster. - - 6. T.er._minaton. This Lease ..Agreement • may. be ter,.minated~' by .either p'a"rty; 'by giving the other party thirty;:.(,30`) days' ~.wrtteri notice ;,- - - of such termination by ~cer_tife'd or .re~gisfered .ma'1. Any such notices should be sent to' Lesson at City Hall, "City of Petaluma,Department of Public Works, Postf Office B'ox 6~1'~ Petaluma, Cali•forn•ia -.9`495;3 and to . .,.. Lessee .at. .. n ., - - . 7.: ° Sublease : or Assignment.. Les"seeshall not s,ublea a or assign ~ - his or Sher rights under this Lease' Agreement. ~ ~~ ,• ~ - 8. ,.Alterations., Etc,. Lessee shall. not.. make any alterations, ,, ., - install any :fixtures., - or make any additions or improvements, to the:, premises without theprior written consent of Lessor.:. - • -y~-, 9. Maintenance of Vessel: the berth is res ricted to the Petaluma Municipal Code 13.24. Maintenance by Lessee of vessel in maintenance provisions specified in 10. Right of Entry. Lessor shall have the right to board Lessee's' vessel ~ while in ;the Petaluma Marina to take such action as may be necessary for- anywork or services for prevention of damage to or by the vessel while unattended.. 11. Permanent Removal of `Vessel. Lessee: shall notify the City within five (5) days of permanent removal. of his or her vessel from the marina.:, Lessee shall also notify the City wifilin five (5) days of the time .Lessee places a replacement vessel , in the mooring berth for continued storage. 12. Possession of Vessel. Lessee shall maintain possession. of his or her vessel under the terms of this Lease Agreement while the vessel is located at Petaluma Marina. Lessor, .its agents or employees are not responsible for ;the mooring of Lessee's :v:essel. T.he vessel is the sole and exclusive responsibility of the Lessee at all times. 13. ' Government ~ ~ Regulations: ; Lessee. shall comply with all statutes, ordinances ands' regulations of the Federal,State, County and Municipal authorities presentlq in effect., .or ,which hereafter may become effective,: pertaining to the use of the marina and facilities at the Petaluma Marina. Failure to follow such regulations shall constitute a material breach. of this Lease Agreement and shall _ be ..grounds for forfeiture of 'this. Lease .Agreement. 14. Indemnifieation.~ Lessee shall 'indemnify, save, hold harmless and defend, the Lessor, its officers, employees and agents from and against all losses -and all claims, demands, suits, actions, payments, and judgments, including attorneys'- . fees' and, expert witness fees, arising, ;out of or ~in, connection with the operation and/or usage of Lessee's. vessel at the Petaluma Marina. -3- 15. Insuran'cea. Lessee. •shall, procure- and maintain, for the duration of this Lease Agreement:, insurance against .claims for rijures~~ to persons ordamages `to property which may arise `from or in connection "with the .Lessee's .use of the `leased premises-. The cost . of such insurance shall be bor-n'e by the Lessee and shall in"-.the amoun#s, of no less .that Five Hundred Thousand Dollars `($500,OOA) :combined single limit.. ('GSL) for each occurrence and One Thousand Dol-lags ($,1, 0'00 ). p"er :passenger :injury for each occurrence . Lessee shall provide the City with a Certificate of Insurance, which. Certificate of ..Insurance shall =name the City of, ' Petaluma 'as an additional ;insured. - ~ . 16. Attorneys' Fees, .In - the evenf either party ~heretq sh-all commence any .legal action arising out of ''this Lease Agreement ~or 'the pe"rformance thereof, the party prevailing in , said..acton or proceeding shall be' entitled to recover, 'in addfion.. to its courts :costs, reasonable .,. attorneys'. fees to be fixed by the Court., - This Lease Agreement cons,ttu.tes .'the '.entire understaridn"g 'between the parties here o as.of; its ~effectiwe date: .~ :LN WITNESS WHEREOF, he.. parties' • have executed" ,this Lease ,. ~~ . Agreement as: of the day ands'year firsts.-_above written Lessee hereby - ,~ .. • aeknowledges~ receipt of a copy of. 'the Retaluma • Marina. Rules and Regulations. LESSOR' ~ LESSEE . • City of -Petaluma By ~~ ublc; or,, ,s Department° City ~:of Petaluma Bey MARINA RDC~JI.ATICt~IS TABLE OF O;~VTENIS SDCTICNS: 1.0 2.0 3.0 4.0 5.0 6.0 "7.0. 8.0 9.0 1,0.0 11.0 1`2 .~0 13.. 0 14.0 15;: 0 16..0 17.0 1&.0 19.0 20.0 21.0 2 2-. 0, 23'.0 24.0 25 .:0 26.0 27.0 28.0 29.0 ~r Definitions Authority of Harbormaster Mooring " Mooring Charges Non-payment ~of Charges Release- of Assigned Facilities Disposing of Refuse - Hazardous Qbstructions Prohibited_ ; Boarding Platforms Use of Water" and Electricity - Maintenance. of Facilities Unnecessary .Disturbance " Vessel 'T:raffic Within "the Marina Swimming or Diving in Harbor Lo d gin;g s Solid and, Liquid Waste Disposal Minors in Harbor Fishing in Harbor ,Prohibited _ Damage of Property Solicitation, Advertising and Signs Maintenance and Care in Berthing Compliance. With Federal, State. and Local Rules and Regulations , Violation of Rules ;and Regulations Registration ,and' Numbering', Furnishing to .Harbormaster Accident Reports Securitg Gates Vehicle .Parki'ng Pets Boat Races, Regattas or Exhibitions Enforcement 1.0 DEFINITIONS. • For the purpose of this Section, the folTowirig definitions shall apply: A. "City" shall mean tle. City of Petaluma. . B . "Martina" or "Harbor!! means :that portion .o;f rla~nd 'under the jurisdiction of the .City which is bounded by a drainage channel on the southwest, Northw:ester--n Pacific Railroad tracks on th'e northwest and -;another drainage cfiannel on the . easy=. and. the Petaluma ~ Rv'er 'oii the south,. including launch ramp. C: "Harbormaster" means ,th'e .person in d'ay-to-daycharge of the aetuaI, operations, of the Petaluma M`arria or tlie• City Manager or h•is;/her designated representative. D'. ~'"Channel" means anhy waterway now navigable by vessels:- -ineluding -the structure :and =fa.cilities. createds to _faci~li'tate navigation. ~E. '"B'erth" means aecurn,g ~to .any dock`,. pier or other , object by rope;; anchor or other device. ' ~ ' F. "Moor" means the same as "'Bertha" ~ - 2.0 AUTHORITY OF HA'R'BORMASTER. . The -Harbormaster sh'al'l interpret and enforce the _ rules..; re,guTatiom ., Xan~d, ordinances. -.pertaining to the Harbor ~ and '~M.arina: All ordersgiven n• the performance of :hi's%~her duties shall be obeyed. - Ever.y boat entering the Harbor and- _ Marina steal°l, immediately become subject to the. ~authori"t.y and direction o'f the.. Harborina_ster:. Each' boat sha1T,,:'be berthed in 'the space: assigned' by the Harbormaster.- The Harbormas"ter .may assess service fees> for any services. "rendered;. 3.0 MfOQRING. - ~, A.Applications for berths in the :Harbor shall be made to •. - the Harbormaster on the form; furnished by the City. B.- Each boat shall be berthed. in the space: a'ssg-ned 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. assigrie.d -berth, Lessee. shallhave no ri'ght~ to transfer his/her berth. agreement.> Berthing agreement shall terminate thirty C30) days after' sale of boat. :D Any sale, purchase, or exchange of boats occupying „permanent- mooring: space in the Harbor -must. be immediately .reported':'to the Harbormaster. 2 L. ' E!. The holder, of a-permanent berth assignment of a specific Size has• no preemptive right. to a larger berth , in the event he/she purchases a larger boat. - • F. ':Mooring of a boat:, the -size of which is gseater than that of the berth. assigned to the,Lessee . is not permitted unless authorized., by the Harbormaster. G. ' T,he Harbormaster shallhave the authority to move, or relocate in~. the Harbor,• any~~-,boat berthed therein, • if such change i§ required for the safety and' protection of persons or property;, for .repair and maintenance o.f ~ Marina facilities or for obtaining optimum utilization of facliti"es available.. - H. Unauthorized berth.• occupancy i`s prohibited, and the Harbormaster is authorized to move or ~ secure 'the boat, until berthage• plus any penalty •has been paid. L. No berth shall tie sub-leased by -Lessee. Any -ouch activity noted by Marina personnel avillr:esult in cancellation, .of~ berth: and subsequent removal of Wessel. in .berth .at time ~ of .c.ancel.lation unless other. arrangements are authorized by the Harbormaster.. 4.0 M.OORIN;G 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 mon'th;_ the 'charge, will be .on p;ro.. rata basis utilizing a thirty C30 ). day `schedule ,for all months . C. All bertha,ge .fees are :due and ,payable monthly in advance :on the. 'first •day of each month, and 'becomes delinquent if not paid' by the 10th day of the ;same month. D . All berth -fees not- paid by the l0;th ~ day • of .the month in - ' which it .falls due shall be subject to• a late charge of 10 percent (10$) . 5.0 NON-PAYMENT OF" CH.AR~GES. Ae Any berth assignment, the fees -for which are thirty (30,) days delinquent, may be cancelled, and. 'the. ber"th. shall be vacated.. B , No person shall. remove or cause to• be removed -from the Harbor any vessel upon which charges .for moorim~ or 'any other proper charges are delinquent without pa~yin,g all ~ such delinquent charges. C, It- shall be unlawful for any • person to willfully gibe false information- to the Harbormaster or ocher City employees in border to secure ,the removal of a vessel. 3 • ,D. •The .City an:d `the. Harbormaster are- authorized 'to do all things necessary to°: ;prevent. the~~= tinaufhori~zed removal of a. vesseh,•,to. avoid payment of modrin.g~ :fees,. or: otiler charges, -including the. moving„ , • securiritg,, or otherwise fastening of the vessel..: 6.0 REhEASE OF A'SS'I,GNED: FACILITIES. ' ~ The Harbormaster °shall b`e noti_fed in writing of. the. exact date of `relinquis'hment of aii :assigned berth'.. •Ths • notice ,must be given' at least'''ttiirty (3'0) days in: advance o`f' the effective date of r.eleas`e: . _ ., • Charges, will cont'in.ue until `th"rty "('30.) -days after u,ch .w,ritten •.no:ti:ce.xs ~. .received. 7.0 DISPOSING O'F REFUSE. '- { . - . . A;: No person sh'a=11 throw, ,discharge, or dep.gsit from any vessel,, th_e shore... or float an-y refuse matter of any kind .whatsoever into :or upon the :waters of the, :Harbor;; o,r in on or `:upon,., the .banks, . _. walls; ~sidewalks;,,or branches` of anry water• within the' boundare's °of the ~. Harbor and ~ Marina 'area. - - - :B.~ No person shall dump; or discharge oil; '_~spirits, _ 'infla'mmable liquids; ,,or contaminated bilge water in the, Harbor.; ` In the. event of any discharge or in the event of an oil spill orother ~pefro.leum~' • products• entering ahe waters' of th'e Petaluma Marina;- the Harbormaster° °. shall "be • ndtified immediately: The Harbormaster , is authorized; -to. .. T • con"tract for the cleanup o•f such ,;spill or discharge;" the cost of .which•,is ' ~ to be paid, by the re'sponsible~ person .or `vessel owner. ". .•,.: C,. AlI gar-.bage must' :be deposited' .in receptacles furniste'd. • by ` `~t-lie, Ct,g for that; p,urpose;; or : "removed from the Harbor •~. areas. Rece;p'tacles/trash .b'ins rovide;d by ,tlze City shall be used ,only -`for s, P • ,refuse"_ generated af' the .Har.bor: No "gar.bage, trash; tree. trmmi`ngs;, grass .clippings,.." discarded .furniture, • ap.pliarices,, junk; ,etc. from outside `t'he ,Harbor area: shall' be placed iri .the trash receptacles °No , person shall' ,clean or process fi'sh~, s!hel_1'fish or game ;in the Marina except •at loca:tons 'designated for' that purpose `by the Harbormaster, - -~. • 8.0 HA,ZARDQUS Q:BSTRUCTIO:N;`S! PRQHIBITED, BOAR~DI-N.G RM ~ . • ~ A.` ~ Floats, gangway§, 'tops of ockers and docks shall be kept -clear of a~lI times of skiffs, tenders`; miscellaneous gear; debris:; or other. hazardous obstructions. B . ,Any .condition aboard or around ;any 'boat', float. or gang plank caused. b"y the berth `holder which, .in the opinion 'of the H"arbgr---.., master. constitutes, a. fire hazard., heal~th'~~.menace; or . d'an~er to public ..... ,safety, .shall be ,gcorrected ors removed immediately to ~the:,•satisfaction, of the Harbormaster. In the event of the;• refusal nor neglect' of t;he ,o.wner . _ _. , - or licensee to remedy forthwith.. the a•foresai~d condition.: wheii~ reported.. to - liim/;her.; the: Harbormaster ,or the; City. ;shall remove the cause of. the... " complaint and -cancel the berth assigna~en't .of such owner or hcen'see. 4, •. _ - .Y-.. . C. Bgarding platforms. or ladders _, on floats .shall be . permitted, subject to t'h'e approval of the .Harbormaster, provided that any platform used for boarding s°hall not be over eighteen (18) inches in width and three (3) fe:et high,. acrd 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 Harbor ' any structures; such as .walkways, gangplanka~, finger floats, rubbing piles, .dock boxes, etc.. , without the prior written approval of the Harbormaster. '~ E.. All boats: must be secured so •tha,t no part, including. bowspirit, boom, boomkin, or equipment will block any portion of the ' walkway. . 9..~0 USE OF ~4V;ATE~R AND ELECTRICITY. A. Charges for water and electricity under normal usage. are included. in mooring fees. B. Continuous u§e of water, , for. syphoning •is :prohibited except 'in the case of. emergency. The existence "and nature of the emergency shall be reported immediately to the Harbormaster. C. U`se. ~o# electricity on vessels shall. 'be controlled ~so as to minimize any electrolysis problems to other vessels or in the .Marina waters. 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. D. Automotive-type battery charger not permitted in Marina. 10.0 MAINTENANCE OF :FACILITIES. 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 he .confines 9f the vessel itself and ' is not carried on in .any mariner whatsoever- 'upon floats, gangways ,or docks:' All materials used in' `such repair .ormaintenance .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 .Harbor. B.: No~ boat shall be materially ' ~.or . structurally,: , altered, repair-ed,, rebuilt or engine/s , removedl'installed, .except in such aut>lorized, spaces as 'set .forth by the Harbormaster. .: C,, No .,paint. shall be; removed by 'any means from any boat in . a: slip other than for minimum maintenance.. All sand residual, paint - and dust: must be controlled and' kept out of. the 'Marina waters and off other ~ boa_ts;. D: Boats.. are required to be maintained in an ' operable condition.. The Harbor master may request, on fifteen (15) days 5 written 'notice.,. a. demonstration of the. boats; ope"rablity uri`less ;:othe'r arran~gemeri;ts..are authoried =in writing, by -t'he~'H'arbormaster. . 11.0 'UNN.ECES:S,ARY p~IST`U.RB~ANCE. - - .' A:. ' Outboard motors attached, to -any boats .~nusf .b;e equipp:ed with approved mufflers. 1 .. B... Th:e owner of .t'he vessel 'is responsible. for fhe conduct and aefio,n-' of his'./her 'crew ands guest_s~ and an,y unnecessary ;noise':; ' g~ - g 'y'ng of inusi.cal equipment is prohibited from 11c00 ip•nlou. of 7k00 a.m.la Violation of,.~ this "rule shalh 'be cause . 'for removal of the vessel from the.. Harbor an,d cancellation. of th:e_: ~ berth , assigned by the Harbormaster°. ~ .. C.. It is unlawful, to .,sound.:, ,operate or cause `to`-"be sounded,: any siren - on. a ., vessel.. ins the Harbor' except on vessels: owned or operated .by~ a- government agency. ,~ . •- .. . 12,0 VESSEL T:RAFFI:C WITHIN `THE; HARBOR. ~ . • A.. All' vessels' 'approachin;g -or within the Harbor. must "`be operated in a:. a~fe and prud'en't' `mariner and- in .no evenf .shall' the en-trance- ao fhe :Harbor be blocked by~.,general boating " activities o.r • fishing, ~ - .. -- B. -`The .speed of~ any vessel wit. hin the Harbor s'ha°ll no ~~ exceed a 'flat wake, except under emergency conditions. ~. C,, The_ . Harbor . shall.. not be used for the:. movement o.f any .;. vessels exce,pa for the purpose _pf~ enterin'g or leaping a berth~~ or. launch ramp area and necessary- :maneuvering in .connection therewith... . - ' 13-0 SWIMMING OR DIVING IN HARBOR. ~. ., , ~ . A•: It stall ~ be unlawfuh for,; any person to 'sarnm, bathe; ` wade., ~ water-ski.., jet Ski, use a surfboard or "paddle ~ board 'in any .portion of the Harbor, ., 8. It i"s unlawful for an. erson to' en underwater breathing or to ;en a" "e pn an ofhegage in skin diving' :or ~. g g y r underwater activity reg.uiring; .such breafhin,g,..apparatus :within, the Harbor except that : diving. for salvage,,' repair or recovery purposes Qay be authorized upon written. application- to .the :Harbormaster: ,, C..; When personsi ..:are engaged in an underwater diving ` activity :as •authorized by -the Harbormaster;,- there shall.. be present an, *, attendant' note .less than. sixteen . ('16) .years of°~ age who- shall`- be on .the' surface of the, `wat"er close .over the person or ~.persgns eng-aged. ri the under-water activity; and such :attendant shall conspicuo~uslg display t:he diver's. flag dur'in'g ~ the acfi"rites Y,. 6 i - 14.0 LODGINGS It shall be unlawful for any person to reside on any vessel berthed- in the, Harbor, This prohib'ition~ against resid-ing on vessels shall not'., 'prevent the use of vessels in the -Harbor for, eating and sleeping .;purposes as specified by the Harbormaster. _ ,Such. use shall be subject to the requirements and limitations of Section 15.0 herein:. 15.0 SOLID AND LIQUID WA5TE~'DIS'POSAL. A . It shall . be unlawful for any person to discharge. solid or liquid waste' in the waters of the Marina or Petaluma River. B . Noperson 'sha1T operate or berth in the Harbor 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 or the Petaluma Marina or 'River. . - C . The Harbormaster shall have the.--a;uthoritp to board any vessel berthed in the- Harbor to •inspect. such ;installations for compliance with thi section. 16.0 MINORS IN• ,HARBOR. _ It shall' be+ unlawful for any person under the age of° sixteen (16) years •to go, remain.., or' be upon any of the gangways, floats or vessels in the Harbor;unless such person is accompanied by an adult,. or uri~lesssuch person has the written permission of the owner of any vessel located at the Harbor to go upon such vessel.. 17.0 FISHING. IN .HARBOR PROHIBITED. A. Fishing, crabbing and ..cleann'g of fish on gangplanks, boats and, floats is strictly prohibited 'in the. Harbor. ' 18.0 DAMAG& TO .PROPERTY. ` ~ The ~owper of a vessel'" must assume all liability for loss -and damage: to hiss/her- 'property." of. any kind while it is within the. limits. of the boundary of the Harbor.• The •Cty of „Petaluma assumes no_ risk or hafii'+lity on account of fire, the€t, act of God, or damages of: any nature to Wessels or their contents. Boat owner•;agrees to obtain and .maintain ' insurance on his/her boat iri an amount ~no; •1"ess than '$100,0.00 combined single-limit., providing liability and property damage coverage. 7 19.0 - SOLICITATION, ADVE:RTISIIVG AN.D SLGNS.. .~ A. Soli`citat'ion in fhe Harbor without a permit is prohi'bi'ted. B, No person shal_1 row, propel, nawigate• -or maintain'' any vessel or float , in the Harbor for . the ~ ,purpose of" advertising without first having received a permit. for.= such p.urposes;. C. No signs of any kind or description shall be posted; :on piling; gangp;lanks', " or floats °without receiving prior approval from the- • Harbormaster. ' D'. 'The use of the moor°in'g; berth. sha~ll•~ be • for. 'vessel torage only. ° .N"o business; trade ,• .;profession or commerc"ial: operation shal'L be conducte'd' on the premise's: ' . 2Q.U'° MALNTE•IV;ANCE AND GA"RE-IN BERTHING; A'.NCH:OR_ING .A;N~D ~' E .L: _ :_ _ A. Ali vessels hall. be" ber=thed'',' and' secured ` • q p , , - s g or equpmenwith ,prop;er " care~'~ and e. ui ~ment; -and 'such . berthin t shall `~be maintained a;t gall times in such condition as to meet with, the' approval of: the :Harbormaster. " B.. A vessel owner -or any person:.in: charge; of a,vessel shall,,.. :~ •~ pay the City for: : ~• ~ ..(1) A11 reasonable expenses.incurred , by Gi.ty.. ri' atte~pts to secure,. or. protect vessels or their > . •. contents ..from harm:;. ~ • (2) All, damage. to City: property. caused by~ ~ such, owner. or person-.• (~3) All cos"ts of'` raising, moving; impounding and storngr any vessel or vehicle. ' Failure to pa`y `all,~auch•~charges shall subject ,per-sons and .. - vessels to legal action. including, but no,t limited to, enforcement, of~•the State Boater's L' ien Law. ~ ;, .. C'. No _ person -shall.. bring into;,.;moor :or .berth. wi hn the Harbor anq vessel of an•y kind whatsoewerz~-which is ~so unseaworthy.: or in uch~ `~badTydeteriorated condition .that it :maps cause damage. to, docks, =floats or other : vessels, • or •wticl may become, a ~~"menace to " nav-Baton;; ~.. • . .. - except in °"caues .of extreme _emer;gencp ~;n; which case. the owner , wr1T be liable for any- ~dacnage cau"sed. by~ uch vessel....,The 'Harbormaster -shall be the sole judge, as to the ,condi~fon ;of~ the vessel,, :for the `purposes,, ~of "this section:,:, D-;.. In 'the "..event :a v:esseT or other craft is wrecked'_or.sunk . within the Harbor. ; it shall,: `be ~ the owner's ~ responsbili'ty ,_ ,to mark" its position and provide for the raising., .and disposition of ouch vessel nor craft ,and assume all ~la~bility for dacna•ge° to~ Ci'ty~ property or other _.. , vessels :in the `Harbor. .. . 8. .. . .E: Small tenders and rowboats 'are permitted .to be moored, if kept. by .and for the use of the berthho'lder aril berthed within the limits of the berth assigned. They shall not be placed on the piers or' fingers. F. Abandoned~VeSsels: - 1. It. is `unlawful 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 Eiarbor or on 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, or the Civil Code: of; ,the State. "The. coat of such removal and disposition incurredshall be paid by the owner `~or person in control of such vessel, watercraft .or other object. G. Mooring in Entrances -Vessel Removal: 1. If anq unatteneied vessel, watercraft or other object shall be found to be anchored or moored; within.. the entrance to the Harbor or channel,. secured' to any jetty, breakwater, buoy or other thing without authorization, the Harbormaster or his/her assistants may assume 'cus'tod'y of such vessel, waterers#.t;.or other object and cause it to 'be removed or held; or -placed in storage. ;S:uch 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', water-craft or other thing whe her 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 rCivil Code ~ of the State H . Sunken Vessels 1. Any owner 'or operator' o,f' a 'vessel, watercraft or object: which sinks ~ :acci`dentally or .otherwise °within the Harbor or entrance thereto .shall immediately mark it with a 'b.uoy 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: 2,. The owner or ~ ~ operator of such sunken vessel,, watercraft or object shall immediately advise the Harbormaster of the sin°kirig and' immediately commence removal of such. vessel, watercraft or object and prosecute the removal dili~~ently ,to com'"pletion. 3>: ..If the owner or operator o'f. such sunken vessel, watercraft; 'or other object fail's,, neglects or refuses to remove such sun°ken~' vessel, watercraft or~ other object in a reasonable time, the. Harbormaster may cause the removal of such vessel, watercraft or other object and dispose. of it as provided by the Harbors and Nav,'igation Code or the Civil Code of the State. 9 4. The ;owner or owners of such vessel, watercraft. or object shall•be .liable to' ~fhe City fore costs ;incidental 'to ahe removal ,and' disposition. ~ - ' . 5. Neither -the Harbormaster, h;i's/her•: `assistants,.., nor %,, the Gity- shall- b:e .liable to an,y person., affirm .or corpo.ra',tion :for damage as a proximate cautse of •A the sunken vessel; ~:: watercraft or object,, or . damage caused by, removal of such 've~sseh; ,waterc-raft •or ob,ject: "' - ~ _.. , 21..0 COMP:LIAN:CE . WITH FEDERAL,, STATE AND LOCAL; RUL,E.S AND._REGU=LA.TIONSS. All. persori~s us>"ng -fide Harbor 'shall comply "with Fall of the ' Rules and ,Re ulation's adopted by, 'the -United States '.of` Akmerica, "State:- g- of California, and local..agenees with •regar.d .to water safety re:quir'e- menu;:, and operation ~ and..,mai`ntenance of boats . Tahe Harbormaater is, .. author-i!zed to eii.force~ .ally said Rules and Reg"ulations and ~fo:deny use of the. #acilites ~a~t; the Harbor for violation of said. Rules .and Reg.ulations:~:. 22.0 VIOLATION •OF ;R'U',LES, AND -REGU¢LATION'S a ,. A.. ,Aa appl'cant .for a -berth assignment- agrees `by.'hi's/her ,sig•nature ~ .on, the applcation,• form., to " comply with these, ; Rules •- and Regulations. -: - - - ~ - B. The Harbormaster shall h_ave,. ;the right °to ,deny the• use" of th°e Harbor and 'to~, cancer- the berth assignment. and .require removal, of any boat of ~an.y gwrier,• •who;~ yin t`he opinion of the Harbormaster, fails to comply with 'the Rules.--"a•nd Regulations for the operation of ~ the. Harbor.: ~ .. -_ AND. NUM-BER~ING: FURNISHING :INFORM,A,TIO:N 23.0 REGISTRATION ~ ~ • T THE HARB ~RMA ER. . .,. A. Egery. undocumented vessel, entering the Harbor =must be re,.gstered and nuin--tiered as provi'ded`. Eby _ the laws 'of the State; of California. ._,. ' ,. B. The owners of vessels entering• fhe Harbor shall furnish -- ;all• information relatng~~;to the vessel and' the ownership thereo"f as may reasonably, be required :b'y' the 'Harbormas'ter. - ~ . 24_.0 - - AC.C'IDENT REPORTS. ~. -A, •duphcate copy of: any• report of ;any .accident occurring in the Harbor involving. any.-one or, :more- 'vessel shall :be fled with` the - Harbormaster ~"wi,fhin 24 hours<,of the occurrence 'of the ncid'en~f. TO 25.0 SECURITY 'GATES. `No .person shall be permitted to be presena beyond the security gates on any pier to which access is restricted by such gate, unless such per"son is a permt,tee whose vessel is berthed at such pier or is an .authori-zed guest of such permi>ttee, • or unle"s such is on official `busine•ss :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 Harbormas' er. 26.0 VEHICLE PARKING:. .Vehicles shall park only in those" areas designated and marked for such parking. ~ Boat trailers with or without boats, shall not be parked or left a"t .the: Harbor for over 24 hours wi hout prior permission of the Harbormaster. Recreation veh"icles, trailers or campers shall not be parked on Marina grounds without 'the permission of the Harbor- master. Vehicles parked in excess of ?2 hours "without permission will be cited or removed at owner's expense. 27.0 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 Harbor area. Such animal should be securely restrained b'y a substantial leash not to exceed six ('6) feet in length, and is in charge and control of a person. competent to keep such animal under effective charge and control. 28.0 BOAT RACES, .REGATTAS :O R` EXHIBITIONS. It is unlawful to conduct",_ participate in or cause to be conducted any regatta, motorboat or" other boat race, tournament or exhibition wi"thin the Harbor without- written permission of the City and subject to such regulations as may be imposed. ' 29.0 ENFORCEMENT. The Harbormaster, assistants and the Petaluma Police ;D:ep:artment shall enforce the provisions of thin chapter, the provisions of the Harbors and Navigation :Code and all other laws pertaining to the .Harbor. marina T AGRMT5 1/1-7/90 I1