Contra Costa County Municipal Code Ch. 410-2 General Provisions

Subject to federal and state statutes and regulations, this division applies to and governs all public waters in this county, including lakes and rivers or portions of them, over which this county has police power jurisdiction exclusively and/or concurrently with the United States and/or the state of California.

(Ord. 69-50 § 1 (part), 1969).

Unless the context otherwise requires, the words and phrases used in this division have the meanings given them in Chapter 5 of Division 3 (Section 650 et seq.) of the California Harbors and Navigation Code. The following words have the following meanings for purposes of this division:

(a) "Floating home" or "floating structure" means a structure that has the following characteristics:

(1) It is a stationary structure in, on, or above the water that is:

(A) Permanently grounded; or

(B) Supported by a flotation system and held in place by piling or mooring devices; or

(C) Placed on or otherwise affixed to a foundation, dock, piling, walkway, gangway, pier, barge or other permanent structure.

(2) It is incapable of being used for self-propelled navigation.

(3) It is designed and built to be used, or is modified to be used, or is used, to serve purposes or provide services typically associated with a structure on or other improvement to real property. The term "floating home" or "floating structure" includes a structure that is used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, or similar facility or structure represented as such.

Incidental or limited movement of a structure upon water or resting partially or entirely on the bottom does not preclude the structure from being classified as a floating home or floating structure for purposes of this ordinance code. Registration of a structure as a vessel with the California Department of Motor Vehicles does not preclude the structure from being classified as a floating home or floating structure for purposes of this ordinance code. A houseboat or liveaboard that is permanently moored or grounded and is incapable of self-propelled navigation is a floating home for purposes of this ordinance code. Floating homes and floating structures are expressly excluded from the definition of the term "vessel" provided in this section.

(b) "Garbage" has the meaning set forth in Health and Safety Code Section 117475.

(c) "Houseboat" means a liveaboard that has either a pontoon or flat-bottomed hull configuration, and has a permanent enclosed superstructure with sleeping and cooking facilities.

(d) "Liveaboard" means any vessel, supported by means of flotation and capable of being used for self-propelled navigation, that is used or designed to be used or fitted out to be used for human habitation.

(e) "Moor" means to make fast, tie up or otherwise secure a vessel other than by anchoring. "Moor" includes to attach to a dock, pilings, walkway, gangway, pier, or other structure, or to tie up to any natural object or feature.

(f) "Sewage" has the meaning set forth in Harbors and Navigation Code Section 775.5(d).

(g) "Shore" means that part of the land in immediate contact with a waterway, including the area between high-tide and low-tide marks or between high-water and low-water marks.

(h) "To anchor" means to secure a vessel within a waterway by dropping an anchor, anchors or other ground tackle to the bottom of the waterway.

(i) "Vessel" means every description of watercraft used or capable of being used as a means of transportation on the water, except: a seaplane on the water; or, a watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. A "vessel" includes a barge, a dredge, a towboat and its tow, a houseboat and a liveaboard.

(j) "Waterway" means any water, lake, river, creek, canal, lagoon, bay, inlet, slough, channel, or tributary situated within the county, or any water area situated within the county providing access for vessels from one place to another.

(Ord. 2005-02 § 3).

(a) No person owning, possessing, or in charge of any vessel shall permit the vessel to be operated or located in violation of this division.

(b) All houseboats and liveaboards are subject to all applicable provisions of this division and to all other applicable provisions of this ordinance code and state and federal law.

(c) A floating home or floating structure is not allowed at any location in the county unless it meets all applicable zoning, building, health, sanitation, and other applicable provisions of this ordinance code, and meets all applicable provisions of state and federal law.

(Ords. 2005-02 § 4, 69-50 § 1 (part), 1969).

The board of supervisors by resolution as to waters under its jurisdiction, and/or the authorized representative of any other public agency as to water under its jurisdiction, may designate and cause to be appropriately marked boat launching areas, areas designed exclusively for swimming, areas where swimming is prohibited, areas where boats are prohibited, areas of restricted speed or "slow areas," and other boating and personnel control signs and devices, and may change these designations from time to time as the public safety and welfare may require. No person shall fail to comply with these designations when so marked.

(Ord. 69-50 § 1 (part), 1969).

This division does not prohibit or restrict the operation of any vessel, aquaplane, or water skier actually participating in a water show, race or regatta, previously authorized in writing and actively supervised by a public agency or its duly authorized agent having jurisdiction over the waters involved.

(Ord. 69-50 § 1 (part), 1969).

(a) The county may enforce this division by any remedy allowed under this ordinance code or any other remedy allowed by law, except that violations of state or federal law incorporated into this division shall be enforced as provided for under the applicable law.

(b) The sheriff is authorized to enforce this division.

(c) Whenever this chapter grants a power to the sheriff, the power may be exercised by a deputy of the sheriff or by a person authorized by law, unless otherwise provided.

(d) All notices and decisions issued by the sheriff pursuant to this division will be transmitted to the registered vessel owner by first class mail and by posting at a conspicuous place on the vessel, or by personal service by the sheriff.

(Ord. 2005-02 § 5).

(a) If the sheriff determines a vessel is moored or anchored in violation of this division, the sheriff may issue a notice to remove. The notice will provide a date by which the vessel's owner must remove the vessel from the waterway.

(b) If the vessel's owner does not remove the vessel or cause the vessel to be removed after receiving a notice to remove, the sheriff may remove and store the vessel. The vessel may be redeemed upon proof of ownership and payment of all costs incident to recovery, movement, impounding, and storage or may be disposed of in accordance with Section 410-2.016 of this code.

(Ord. 2005-02 § 6).

(a) A vessel removed and stored by the sheriff may be disposed of in accordance with the provisions of Article 4 of Chapter 2 of Division 3 of the Harbors and Navigation Code (Boaters Lien Law). The owner of the vessel will be civilly liable to the county for all costs, fees, damages and expenses incurred by the county in removing, storing and selling the vessel. These costs are a lien upon the vessel and the proceeds of the sale.

(b) Wrecked and abandoned vessels are subject to disposal in accordance with Chapter 3 of Division 3 of the Harbors and Navigation Code.

(Ord. 2005-02 § 7).

Charges imposed by the county for services under this division, including the recovery, movement, impounding, and storage of vessels, will be in accordance with the sheriffs department fee schedule adopted by the board of supervisors.

(Ord. 2005-02 § 8).