Belvedere Municipal Code Ch. 11.04 General Provisions

Sections:

• 11.04.010 Definitions. 11.04.020 City Manager authority. 11.04.030 Applicability. 11.04.040 Vessels subject to control of City. 11.04.050 Public Nuisance declared. 11.04.060 Remedies.

The following words and phrases, when used in this Title, shall, for the purpose of this Title, have the meanings respectively ascribed to them in this Section:

A. “Abandoned property” refers to any hulk, derelict, wreck, or parts of any Vessel, sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition in Belvedere Waters without a Permit for 30 days or more, and without a watchperson or other person being maintained upon or near, and in charge of the Vessel.

• B. “Anchoring” refers to using equipment carried on the Vessel to maintain position in the water.

C. “Belvedere Waters” means and refers to any and all of the navigable waters of Richardson Bay or San Francisco Bay covering submerged lands held in trust by the City.

D. “Harbors and Navigation Code” refers to the California Harbors and Navigation Code, as may be amended from time to time.

• E. “Impound” means the removal and storage of a Vessel by the City.

F. “Liveaboard” refers to a Vessel that is used by any person(s) as a residence and/or is occupying that Vessel and engaging in those usual and customary activities associated with a person’s residence or abode such as, but not limited to, sleeping and preparation of meals. This definition will also include any individual using a Vessel for four or more days or nights within any seven-day period as a place of business, storage use, professional location or other commercial enterprise, when transportation is a secondary or subsidiary use.

G. “Marine Debris” refers to a Vessel, or part of a Vessel, including a derelict, wreck, hulk, or part of any watercraft or dilapidated Vessel that is unseaworthy and not reasonably fit or capable of being made fit to be used as a means of transportation by water.

• H. “Mooring” refers to making fast to a mooring buoy having a fixed permanent anchor.

I. “Moorings” means any weight, chain, rope, float structure, and/or appliance used by a vessel for anchoring purposes, and which is not carried aboard such vessel as part of the regular equipment.

J. “Pier” means any fixed or floating structure for securing vessels, loading or unloading persons or property, or providing access to the water, and includes wharf, dock, float, or any other landing facility.

K. “Vessel” shall mean every description of watercraft used or capable of being used as a means of transportation on the water, as further defined in the Harbors and Navigation Code section 21. (Ord. 2016-4 § 2, 2016; Ord. 81-5 § 1, 1981; Ord. 158 NS, 1969; prior code § 23-1.)

A. The City Manager-police administrator shall have the authority conferred upon him or her by this Title and by other local, state or federal laws.

B. Whenever a power is granted to, or a duty is imposed upon the City Manager, the power is granted to, or a duty is imposed upon the City Manager, the power may be exercised or the duty may be performed by such other person as may be designated by the City Manager for the enforcement of the regulations set forth in this Title. (Ord. 2016-4 § 2, 2016; Ord. 76-3 § 1, 1976; Ord. 158 NS, 1969; prior code § 23-2.)

The provisions of the Chapter shall have no application to Vessels operated by the United States of America, the State of California, or any governmental entities or their agencies or instrumentalities. This Chapter shall have no application to any Vessel in an emergency situation as determined at the discretion of the City Manager and/or City Police Chief and/or his or her designee. (Ord. 2016-4 § 2, 2016.)

Every Vessel entering Belvedere waters shall immediately become subject to the order and direction of the City, and all Vessels shall be Anchored, Moored, or otherwise present in Belvedere Waters only with the required Permit pursuant to this Title. (Ord. 2016-4 § 2, 2016.)

A Vessel that is in violation of any provision of this Title shall constitute a Public Nuisance. (Ord. 2016-4 § 2, 2016.)

The procedures and remedies set forth in this Title are cumulative and in no way prohibit the City from utilizing any other provision of federal, state, or local law including, but not limited to, regulations, procedures, and remedies adopted by the Richardson’s Bay Regional Agency, and Harbors and Navigation Code Sections 522, 523, and 551. (Ord. 2016-4 § 2, 2016.)