Alameda Municipal Code § 23-6 Harbor and Tidelands

a. Beaching or Abandonment of Vessels Unlawful. It shall be unlawful for any person to tie up any vessel or watercraft to any wharf, pier, buoy or dolphin within the harbor of the City without prior consent of the owner or operator of the wharf, pier, buoy or dolphin first had and obtained; or to anchor or tie up any vessel or watercraft within the harbor except in anchorage areas, if any, prescribed by the U.S. War Department or other duly constituted authority; or to voluntarily or carelessly beach, ground, sink or abandon, or permit, assist in or cause to be beached, grounded, sunk or abandoned, any vessel, watercraft or other obstruction in the tidal water below ordinary high water line within the harbor; or to tow, move, shift or propel any vessel or watercraft, or assist in the towing, moving, shifting, or propelling of any vessel or watercraft, for the purpose of permitting the same to be or become sunk, grounded, beached or abandoned in the tidal waters; or to deposit or release loose timbers, logs, piles or any lumber in the tidal waters.

The provisions of this paragraph shall not apply to any work, obstruction or structures in the tidal water heretofore or hereafter specifically authorized by duly constituted authority.

b. Permitting Beaching of Vessels Unlawful. It shall be unlawful for any person owning, leasing, occupying, possessing or having charge or control of any tidelands within the harbor and located under or adjacent to any navigable waters thereof, to authorize or permit any vessel or watercraft to be or become beached, sunk, grounded or abandoned upon the tidelands in violation of the provisions and requirements hereof.

c. Duty to Mark and Remove. Whenever a vessel or other watercraft is wrecked or sunk in the tidal waters within the harbor, it shall be the duty of the owner or person in charge of such sunken vessel, watercraft or obstruction immediately to mark it with a buoy or beacon during the day and by lights at night, in accordance with the law, and to maintain such marks until such sunken vessel, watercraft or obstruction is removed, and the neglect or failure to do so shall be unlawful. It shall be the duty of the owner, or person in charge of such sunken vessel, watercraft or obstruction, and the person causing or responsible for the wrecking or sinking thereof, to commence the immediate removal of same, and prosecute such removal diligently to completion.

d. Council May Permit Beaching. Notwithstanding anything in the foregoing paragraphs provided, the City Council may, upon written application being first made to it, permit a vessel or other watercraft to be tied up or beached upon any tidelands within the harbor upon such conditions as it may specify, if, after a full consideration of the circumstances, it determines that such tying up of such vessel or beaching thereof will not become an obstruction to navigation or a public nuisance, or violate any regulation or law duly prescribed by the United States Government or other public authority; provided, however, that where a permit or other legal authorization is required under Federal laws or regulations, the same shall first be obtained, and further provided that the Council may, in its discretion, require the owner of such vessel or watercraft to furnish to the City a penal bond in sufficient amount, in the opinion of the Council, to insure the removal of such vessel or watercraft whenever the Council shall order such removal.

(Ord. No. 535 N.S. § 4-311—4-314; Ord. No. 2318 N.S.)

a. Speed Limit for Vessels Propelled by Machinery in an Estuary or Channel. No person shall operate any power boat or other motor-powered vessel at a speed in excess of five (5) miles per hour in the following areas of an estuary or channel:

1. Within one hundred (100') feet of any person who is engaged in the act of bathing. A person engaged in the sport of water skiing shall not be considered as engaged in the act of bathing for the purposes of this section.

2. Within two hundred (200') feet of any of the following:

(a) A beach frequented by bathers;

(b) A swimming float, diving platform, or lifeline;

(c) A way or landing float to which boats are made fast or which is being used for the embarkation or discharge of passengers.

3. No person shall operate a vessel in an estuary or channel in such a manner that the speed thereof interferes with the operation of any other vessel.

4. The City of Alameda may establish prima facie speed limits for any area of an estuary or channel by posting such limits in or at the entrances to such areas. When areas are so posted, the speed limits shall be as fully effective as if specified herein.

5. Employees of governmental agencies are exempt from this section while acting in the course of their official duties.

6. The City of Alameda, the City of Oakland, the County of Alameda and the respective law enforcement officials thereof are given concurrent jurisdiction and authority with the chief of police to enforce the provisions of this section.

7. Any violation of this section is an infraction subject to the provisions of California Government Code Section 36900(b).

b. Operation of Power Boats Prohibited in Lagoons. It shall be unlawful for any owner, operator or person in command of any power boat to operate same or permit it to be operated upon those certain enclosed bodies of water situated within the City, being commonly known and described as the South Shore Lagoons, the bodies of water being generally along the line of Otis Drive.

(Ord. No. 2965 N.S. § 2)

a. Tents and Shelters. No person shall erect, maintain, use or occupy on any public beach in this City any tent, lodge, shelter or any other such temporary structure whatsoever unless the same shall have two (2) sides thereof entirely open, and unless there shall be an unobstructed view into the tent, lodge, shelter or structure from the outside thereof on at least two (2) sides thereof.

b. Alcoholic Beverages. No person shall possess or consume any alcoholic beverage on any public beach within this City. Alcoholic beverage shall mean and include alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer which contains one-half of one (.5%) percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

c. Cola Ballena Bridge, Swimming, Fishing, Diving, Jumping From. No person shall swim in the waters known as the tideway, under or in the posted vicinity of Cola Ballena Bridge, nor shall any person fish, dive or jump from the bridge. The Chief of Police shall cause appropriate signs to be placed at the premises stating the prohibitions in this paragraph contained.

(Ord. No. 535 N.S. § 4-333; Ord. No. 1464 N.S.; Ord. No. 1468 N.S.; Ord. No. 1763 N.S.)