Antioch Municipal Code Ch. 6 Marina Regulations

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BERTH. A place to tie a vessel assigned by the Harbor Master.

CHANNEL. Any waterway navigable by vessels, including the structures and facilities created to facilitate navigation.

CITY. The City of Antioch.

FLOAT. Any floating platform normally used for the mooring or securing of vessels.

HARBOR. A portion of inland waters within the jurisdiction of the city, including public lands and the shore, and the structures and facilities provided within the enclosed body of water and shore for the mooring and servicing of vessels and the servicing of their crews and passengers.

HARBOR MASTER. The person charged with the daily operations of the marina or his duly authorized representative.

PIER. A structure built out into the water with piles for use as a landing place.

('66 Code, § 7-6.01) (Ord. 704-C-S, passed 4-21-88)

This chapter shall supplement the state laws contained in the California Harbors and Navigation Code. The city and its officers shall have all the powers specified in said code, in addition to those specified in this chapter.

('66 Code, § 7-6.02) (Ord. 704-C-S, passed 4-21-88)

(A) The Harbor Master shall interpret and enforce the rules, regulations, and laws pertaining to the marina. In the absence of the appointment of a Harbor Master, the duties of the Harbor Master shall be exercised by the City Manager or any assistant, deputy, or employee designated by him.

(B) Every vessel entering the marina shall immediately become subject to the orders and directions of the Harbor Master, and he shall have the authority to enter upon any vessel in the marina in the performance of his duties.

(C) The Harbor Master shall have the authority to designate the area in which any vessel shall be berthed and may require any vessel to change its berth in the marina. If a vessel does not change berths after notification, the vessel may be moved by the Harbor Master and towing charges added. Vessels may anchor in the marina only with the permission of the Harbor Master.

(D) The Harbor Master may have the right of refusal for marina use to any vessel at his discretion, that is, derelict boats, vessels needing major overhaul, and non-self-propelled vessels other than sailboats.

('66 Code, § 7-6.03) (Ord. 704-C-S, passed 4-21-88)

(A) Charges for all berths shall be made in accordance with the schedule adopted by the Council.

(B) All charges for rent shall be due and payable monthly in advance on or before the first of each month and shall be delinquent on the 15th day of the month for which the payments are due. All charges for service and supplies shall be due upon billing and shall be delinquent 15 calendar days thereafter. If any payment is delinquent as provided in this section, a penalty as established in the master fee resolution for delinquencies shall be added and paid in addition thereto.

(C) The first months's rental, plus an additional deposit of one month's rental, shall be made upon the assignment of a berth. At the time of the release of assigned facilities, such deposit shall be applied against any outstanding rental or other charge owed to the city. The balance of the deposit shall be refunded if the required notice has been given prior to the vacancy of a berth.

(D) If a berth is assigned on the first of the month, the full month's rental shall be charged. If an initial period is less than a full month, the charge will be on a pro rata basis utilizing a 30 day schedule. A full month's rent will be charged for all or a portion of the final month of occupancy.

('66 Code, § 7-6.04) (Ord. 704-C-S, passed 4-21-88; Am. Ord. 853-C-S, passed 8-27-92) Penalty, see §§ 1-2.01 et seq.

(A) No person shall remove or cause to be removed a vessel from the marina upon which charges for rental berth, dry storage, or any other proper charges are delinquent without paying all such delinquent charges.

(B) When any charge has been 30 days delinquent, the Harbor Master's Office will be advised by the Finance Department to secure the vessel. The Harbor Master's Office shall post a notice of delinquent payment and secure the vessel to prevent removal.

(C) When the charges for berth rentals, dry storage, or any other proper charge on any vessel are delinquent, the Director of Financial Services is empowered to enforce the city's lien pursuant to the procedures set forth in Cal. Harb. and Nav. Code Article 4 (§§ 500 through 509).

('66 Code, § 7-6.05) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) The Harbor Master shall be notified in writing of the exact date of release of assigned facilities. Charges shall continue until such notice is given. Written notice can be made by the return of the vessel owner's copy of the original application for the berth with the request for release written in the space provided thereon. The required time of notice shall be at least 30 days.

(B) Transferring a berth to a new occupant, or subleasing, shall not be permitted.

(C) The Harbor Master shall have the authority to cancel assigned berths with 30 days' notice in writing to the boat owner at the address of record for any violation of this chapter or for continued late payment of charges.

('66 Code, § 7-6.06) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) No person shall throw, discharge, or deposit from any vessel, the shore, or float any refuse matter of any kind whatsoever into or upon the waters of the harbor or in, on, or upon the banks, walls, side-walks, or branches of any tree within the boundaries of the harbor and marina area.

(B) No person shall dump or discharge oil, spirits, inflammable liquids, or contaminated bilge water in the harbor.

(C) All garbage shall be deposited in receptacles furnished by the city for such purpose or be removed from the harbor area. Receptacles and trash bins provided by the city shall be used only for refuse generated at the harbor. No garbage, trash, tree trimmings, grass clippings, discarded furniture, appliances, junk, or the like from outside the harbor area shall be placed in trash receptacles.

('66 Code, § 7-6.07) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) It shall be unlawful for any person to discharge solid or liquid wastes in the waters of the marina or any navigable body of water within the city.

(B) No person shall operate or berth in the marina 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.

(C) The Harbor Master shall have the authority to board any vessel berthed in the harbor to inspect such installations for compliance with this section.

(D) Vessels in the marina, and the areas immediately surrounding the vessels, shall be kept in a clean, neat, and orderly condition at all times.

(E) The failure of any person to comply with the requirements of this section shall cause the revocation of the berth.

('66 Code, § 7-6.08) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) All vessels approaching or within the marina area shall be operated in a safe and prudent manner, and in no event shall the entrance to the marina be blocked by general boating activities or fishing.

(B) The speed of any vessel within the marina shall not exceed five miles per hour.

(C) No person shall operate a vessel upon the waters of the marina in such a manner that the speed thereof creates an unnecessary or excessive wake or interferes with the operation of any other vessel.

(D) Vessels shall be prohibited from using the marina waters, except for departing and returning to their designated berths.

('66 Code, § 7-6.09) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) It shall be unlawful at any time for a person to obstruct the free and easy access to and departure from any portion of any landing, pier, berth, float, or other facility of the marina.

(B) Any condition aboard or around any boat caused by the boat owner which, in the opinion of the Harbor Master, constitutes a fire hazard, health menace, or danger to public safety shall be immediately removed or corrected to the satisfaction of the Harbor Master. Barbecuing or open flame cooking of any kind on a float, pier, or marina structure shall be prohibited. In the event of the refusal or neglect of the owner to remedy the situation when reported to him, the Harbor Master or the city shall remove the cause of the complaint and cancel the berth assignment of the owner.

('66 Code, § 7-6.10) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) Repairs to and the maintenance of a vessel may be made or accomplished when 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 main-tenance work shall be kept within the confines of the vessel and may not be kept upon floats, gangways, or docks. Spray painting shall not be permitted in the harbor. No boat shall be materially or structurally altered, repaired, rebuilt, or the engine removed or installed except in such authorized spaces as set forth by the Harbor Master.

(B) No paint shall be removed by any means from any boat in a slip other than for minimum main-tenance. All sand residual, paint, and dust shall be controlled and kept out of the marina waters and off other boats.

(C) The fueling and defueling of vessels at other than a fuel pier shall be prohibited.

(D) All boating accidents involving damages or injury to any private or public property shall require the operator of the vessel which caused the accident to complete an accident report provided by the Harbor Master within 24 hours after the accident.

('66 Code, § 7-6.11) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

Except at berths designated by the Harbor Master, it shall be unlawful for any person to reside on any vessel berthed in the harbor. Such prohibition against residing on vessels shall not prevent the use of vessels in the harbor for eating and sleeping purposes for a period not to exceed 72 hours in any seven day period provided the owner or operator of the vessel so notifies the Harbor Master.

('66 Code, § 7-6.12) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) No person shall wilfully or carelessly destroy, damage, deface, or interfere with any public property within the marina. No person shall alter any berth or install or construct anything in the marina without prior written permission from the Director of Public Works.

(B) The owner of a vessel shall assume all liability for loss and damages to his property of any kind while within the limits of the boundary of the marina. The city assumes no liability or risk on account of fire, theft, act of God, or damages of any nature to vessels.

('66 Code, § 7-6.13) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) Any person desiring to conduct a business or service for hire, fees, or other compensation within the marina shall obtain a permit, agreement, or franchise approved by the Council.

(B) No person shall row, propel, navigate, or maintain any vessel or float in the harbor for the purpose of advertising without first having received a permit for such purposes.

(C) No sign of any kind or description shall be posted on pilings, gangplanks, or floats without receiving prior approval from the Harbor Master.

(D) No vessel shall display a “for sale” sign larger than 18 inches by 12 inches. All such transactions shall be handled by the owner without any request for showing a vessel or allowing access to piers by marina personnel.

('66 Code, § 7-6.14) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

It shall be unlawful to conduct, participate in, or cause to be conducted any regatta, motorboat or other boat race, tournament, or exhibition within the marina without the written permission of the Harbor Master and subject to such regulations as may be imposed.

('66 Code, § 7-6.15) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

It shall be unlawful for any person to swim, bathe, or wade in any portion of the marina; provided, however, this section shall not prevent an owner from working on his vessel under water.

('66 Code, § 7-6.16) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

It shall be unlawful for any person under the age of 16 years to go, remain, or be upon any of the gangways, floats, or vessels in the marina, unless such person is accompanied by an adult, or unless such person has the written permission of the owner of a vessel located at the marina to go upon such vessel.

('66 Code, § 7-6.17) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

Animals running at large shall be prohibited. No owner or keeper or an animal shall allow or permit such animal, whether licensed or unlicensed, to run at large within the harbor area. Such animals should be securely restrained by a substantial leash not to exceed six feet in length and shall be in the charge and control of persons competent to keep such animals under effective charge and control.

('66 Code, § 7-6.18) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

(A) No person shall fish in the marina from any vessel, float, structure, or roadway. Fishing shall be restricted to the shore line of the San Joaquin River.

(B) All fish shall be disposed of within eight hours after the time of catching. No person shall throw fish or bait overboard at the dock or from a vessel in the marina. Fish cleaning shall not be permitted on vessels, floats, or in any other area of the marina, except as designated fish cleaning areas.

('66 Code, § 7-6.19) (Ord. 704-C-S, passed 4-21-88) Penalty, see §§ 1-2.01 et seq.

This chapter may be enforced by officers of the Police Department, the Code Enforcement Officer, and the Harbor Master. In so doing, the Harbor Master shall have all the powers designated by Cal. Penal Code § 836.5.

('66 Code, § 7-6.20) (Ord. 704-C-S, passed 4-21-88)

No person shall dock any vessel or personal watercraft (being any watercraft used or capable of being used as a means of transportation on water), whether attended or unattended in excess of 20 minutes at any city-owned or operated launching ramp, unless otherwise authorized by the Harbor Master or a peace officer.

('66 Code, § 7-6.21) (Ord. 845-C-S, passed 6-11-92) Penalty, see §§ 1-2.01 et seq.