Brisbane Municipal Code Ch. 18.02 Definitions

Footnotes:

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Editor's note— Ord. No. 635, § 1, adopted February 21, 2019, amended Chapter 18.02 in its entirety to read as herein set out. Former Chapter 18.02, §§ 18.02.010—18.02.082, pertained to similar subjection matter, and derived from Ord. No. 598, adopted September 3, 2015 and Ord. No. 629, adopted September 6, 2018.

For the purposes of this title, certain words and terms used in this title are defined in this chapter. Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory.

(Ord. No. 635, § 1, 2-21-19)

"Beached" means the position of a vessel when such vessel rests on the mud or other bottom or does not float freely at ordinary low tide.

(Ord. No. 635, § 1, 2-21-19)

"Berth" means the place in which a vessel is moored or secured.

(Ord. No. 635, § 1, 2-21-19)

"Brisbane Marina" means the area designated as such on that map so entitled, incorporated herein by reference, which map is on file in the office of the city clerk.

(Ord. No. 635, § 1, 2-21-19)

"City waters" means any and all waters within the corporate limits of the City of Brisbane and the San Francisco Bay.

(Ord. No. 635, § 1, 2-21-19)

"Harbormaster" means the officer designated in charge of vessel movement, safety, security, and environmental issues within the Brisbane Marina and city waters, or her/his duly authorized representative.

(Ord. No. 635, § 1, 2-21-19)

"Licensee" means the person(s) in whose name a specific berth at the Brisbane Marina is assigned by the harbormaster pursuant to a marina license agreement.

(Ord. No. 635, § 1, 2-21-19)

"Live aboard" means the use or occupancy of a boat for overnight accommodations for more than three (3) nights in a seven (7) day period.

(Ord. No. 635, § 1, 2-21-19)

"Live aboard boat" and "live aboard vessel" is a boat or vessel that is not a transient boat, that is capable of being used for active self-propelled navigation, and that is occupied as a residence as that term is defined in California Government Code Section 244.

(Ord. No. 635, § 1, 2-21-19)

"Marina license agreement" means a maritime contract for private wharfage between the City of Brisbane and the licensee.

(Ord. No. 635, § 1, 2-21-19)

"Marine debris" shall have the same meaning as set forth in California Harbors and Navigation Code Section 550(b) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of the ordinance codified in this chapter, "marine debris" means "a vessel or part of a vessel, including a derelict, wreck, hulk, or part of any ship or 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.

(Ord. No. 635, § 1, 2-21-19)

"Moor" means the fixing of a vessel in one location temporarily or permanently by mooring, anchoring, grounding or any other means.

(Ord. No. 635, § 1, 2-21-19)

"Slip" means berth.

(Ord. No. 635, § 1, 2-21-19)

"Vessel" shall have the meaning as set forth in California Harbors and Navigation Code Section 550(a) or successor statute as it currently exists or may hereafter be amended. As of the date of adoption of this Ordinance, "vessel" includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water.

(Ord. No. 635, § 1, 2-21-19)

"Wharfage" means the provision of berthing services for a vessel.

(Ord. No. 635, § 1, 2-21-19)