Brisbane Municipal Code Ch. 18.08 General Regulations

Footnotes:

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Editor's note— Ord. No. 635, § 1, adopted February 21, 2019, amended Chapter 18.08 in its entirety to read as herein set out. Former Chapter 18.08, §§ 18.08.010—18.08.060, pertained to similar subjection matter, and derived from Ord. No. 598, adopted September 3, 2015.

A. No person shall throw, discharge, deposit or leave any material, liquid or solid, be it refuse, sewage, contaminated bilge water, or any waste or other matter of any description upon or into the water, banks, walls, piers, floats or grounds within the boundaries of city waters.

B. No person shall clean fish or cut bait except at specifically designated places.

C. All vessels are required to have approved marine sanitation devices which shall be operated and maintained in compliance with federal and state laws and regulations pertaining thereto.

D. Debris from vessel repair, oil, fish or human waste shall not be deposited in refuse receptacles.

E. In the event of any waste discharge referenced above or in the event of an oil spill or other petroleum products entering the waters of the Brisbane Marina, the harbormaster shall be immediately notified. The harbormaster is authorized to contract for the cleanup of such spill or discharge, the cost of which is to be paid by the responsible person or vessel owner.

F. Violation of any portion of this section is grounds for immediate termination of any license agreement and expulsion from the marina property.

(Ord. No. 635, § 1, 2-21-19)

A. Any condition aboard or around a vessel, float, pier or parking area caused by a licensee, which in the opinion of the harbormaster constitutes a fire hazard, health menace or danger to public safety shall be immediately corrected.

B. No part of any vessel including equipment thereto shall extend beyond the end of the slip or over the header float without permission of the harbormaster.

C. Mooring lines shall be of sufficient number and strength to insure that the vessel shall be secure in the highest winds that can reasonably be expected.

D. Use of bicycles, skateboards or similar devices on piers or floats is prohibited.

E. Platforms used for boarding, with the approval of the harbormaster, shall not be over eighteen (18) inches wide, be of open construction and may not be used for storage.

F. Storage on flotation shall be limited to dock boxes.

(Ord. No. 635, § 1, 2-21-19)

A. Vessel maintenance work shall be limited to that ordinarily required to keep the vessel seaworthy and in good condition. Minor repairs to and routine maintenance of a vessel may be made or accomplished in the assigned berthing space, provided all work is done within the confines of the vessel and not carried on in any manner whatsoever upon the floats or piers.

B. Spray painting is strictly prohibited.

C. Major repairs which include, but are not limited to, construction, repair, or replacement of structural members or portions of the vessel or propulsion system, or scraping or sanding of paint are prohibited when the vessel is in an assigned space.

D. Use of welding equipment, burning torch or other open flame apparatus requires written permission from the harbormaster.

E. Sandblasting is strictly prohibited.

F. All vessels are required to be maintained and in operable condition. The harbormaster may require, on ten (10) days' written notice, a demonstration of the vessel's operability. An inoperable vessel may be expelled from the harbor and the lease terminated.

G. Always follow Brisbane Marina's best management practices, which are available at no charge in the marina office.

(Ord. No. 635, § 1, 2-21-19)

A. The owner of the vessel is responsible for his/her crew and guests. No person shall cause loud and/or unnecessary noise which is disturbing to others.

B. Except when on board an owner's vessel, animals shall be on a leash no longer than six (6) feet in length. No animal shall be tethered or tied to or upon public property.

C. All engines shall be equipped with approved mufflers.

D. As the berthing area of the Brisbane Marina is closed to the general public, no person shall use, walk or enter vessels, piers, header floats or gangways unless such person is a licensee or authorized guest. The harbormaster may authorize access to piers and header floats.

E. Gates to the berthing area shall be locked at all times. Blocking open or climbing over gates is prohibited.

F. Swimming, bathing, skin diving, wading and movement of vessels for purposes other than entering or leaving the harbor is prohibited within the Brisbane Marina harbor. Cruising within the harbor is prohibited.

G. Digging for bait or other purposes and raking or disturbing the soil surface in any manner is prohibited unless such action is to perform maintenance to public property and has the written approval of the harbormaster.

(Ord. No. 635, § 1, 2-21-19)

Marine debris may be removed, destroyed and disposed of in accordance with California Harbors and Navigation Code Sections 550 through 552, or successor statutes.

(Ord. No. 635, § 1, 2-21-19)

A. Public Nuisance Defined. It is a public nuisance for any person owning, leasing, occupying or having charge or possession of any vessel in city waters to maintain the same in such a manner that any one or more of the conditions or activities described in the following subsections are found to exist:

1. The keeping, storage, depositing, or accumulation on, or attachment to, a vessel, barge, or object for an unreasonable period of any personal property, including but not limited to abandoned, wrecked, dismantled, or inoperative vessel(s) or equipment for a vessel, engine parts and/or equipment, appliances, furniture, containers, scrap metal, wood building materials, junk, rubbish, or debris, which constitutes a serious threat to public health, and/or safety.

2. Any dangerous condition that is detrimental to the public health, safety, or welfare.

3. Discharge of refuse and/or other substances in violation of Section 18.08.010.

B. Public Nuisance Abatement. Any public nuisance shall be abated in accordance with the provisions set forth in Chapter 8.36 of this Code with the following modifications:

1. The notice required under Sections 8.36.050 and 8.36.100 shall be served on the registered or legal owner or any other person sought to be charged with the responsibility of abatement at his or her address as it appears on the latest Department of Motor Vehicles registration form or as known to the harbormaster or city employee giving notice. A copy of the notice shall be posted on the vessel.

2. The term "person" as used in Chapter 8.36 of this code shall refer to the registered or legal owner or any other person sought to be charged with the responsibility of abatement.

(Ord. No. 635, § 1, 2-21-19)

Other than those vessels lawfully permitted to be within the Brisbane Marina, it is unlawful for any person to moor or beach any vessel in city waters in excess of ten (10) hours without first obtaining the written permission of the harbormaster.

(Ord. No. 635, § 1, 2-21-19)

Except in an emergency and except for those vessels lawfully docked in harbor and marina facilities, it shall be unlawful for the owner or person in control or custody of any vessel to beach in city waters or upon the dike forming the southern boundary of the former Sierra Point landfill.

(Ord. No. 635, § 1, 2-21-19)

The berthing of vessels and other activities and operations of and in the Brisbane Marina not herein regulated shall be in conformance with reasonable regulations established by resolution of the city council of the city. Such regulations shall be based upon the maintenance within the marina of sanitary and sightly conditions, orderliness, the preservation of public health, safety, peace and welfare, and the convenience of the public in the use of such area for the purpose for which it is established. All licensees shall be given a copy of the ordinance codified in this title and a copy of any additional rules which may be promulgated pursuant to this section. A copy of these documents shall be posted in the harbormaster's office.

(Ord. No. 635, § 1, 2-21-19)