Dana Point Municipal Code Ch. 6.48 Vessel Regulations

For the purposes of this Chapter, the following terms shall have the following meanings:

"Directing Authority."

The term "Directing Authority" shall mean the Director of Public Works or designee.

"Enforcing Attorney."

The term "Enforcing Attorney" shall mean the City Attorney or the District Attorney acting to enforce any part of this Chapter, or either of their respective designees.

"Harbor Patrol."

The term "Harbor Patrol" shall mean the Orange County Sheriff's Department, located in the Dana Point Harbor, or its designee.

"Pacific Ocean."

The term "Pacific Ocean" shall mean the waters off the City of Dana Point from the shoreline seaward three nautical miles, excluding the Dana Point Harbor.

"Person."

The term "person" shall mean an individual, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, association, committee or any other legally recognized entity.

"Vessel."

The term "vessel" means any boat, ship, barge, skiff or similar floating craft including any tanks or board facilities.

(Added by Ord. 12-07, 12/4/12)

It is unlawful and a public nuisance for any person owning, leasing, or having charge or possession of any vessel to anchor such vessel in the Pacific Ocean while not continuously occupying the vessel during:

(a) Any nighttime hours (dusk to dawn);

(b) Any time period when a small craft advisory or greater has been issued by the National Oceanic and Atmospheric Administration; and

(c) During daylight hours, except for one shore excursion daily for no more than three hours.

(Added by Ord. 12-07, 12/4/12)

All stray, unattended or abandoned vessels, timber or any other personal property found in the water in the Pacific Ocean, or on the shore not in the lawful possession or control of some person, shall be immediately reported to the Harbor Patrol. The Harbor Patrol may immediately impound the vessel and associated costs of impoundment are recoverable from the vessel owner. Should the vessel go unclaimed for a period of 30 days, the Directing Authority may sell the vessel and collect the proceeds of such sale, to offset the costs of storage and impoundment. For purposes of this Section, any vessel on the Pacific Ocean shall be deemed to stray, unattended or abandoned if the vessel is unoccupied by a person during: any nighttime hours (dusk to dawn); any time period when a small craft advisory or greater has been issued by the National Oceanic and Atmospheric Administration; or daylight hours for more than three hours, or is adrift.

(Added by Ord. 12-07, 12/4/12)

It is unlawful and a public nuisance to anchor a vessel at any location on the Pacific Ocean within 1,000 yards of a beach swimming area or any area frequented by human powered craft as determined by the Harbor Patrol for a cumulative period of time that exceeds 72 hours within any 30 calendar day period. The 72 hour period is not applied to vessels that are not anchored overnight. The Directing Authority may authorize an extension to the 72 hour time limit if, under the particular circumstances, an extension of time is reasonable and warranted.

(Added by Ord. 12-07, 12/4/12)

All vessels anchored on the Pacific Ocean shall be anchored in such a manner so that the vessel does not come in contact with another vessel or structure, or drifts. Vessels shall have properly-sized anchors and corresponding chain/line length in order to insure that vessels are securely anchored.

(Added by Ord. 12-07, 12/4/12)

It is unlawful and a public nuisance for any person to discharge any treated or untreated human or animal excreta from any head, toilet or similar facility on a vessel into the Pacific Ocean. Vessel waste discharge systems must be in proper functioning order, in compliance with all applicable Federal, State, County, and City standards and prevent discharge to the Pacific Ocean. As a condition of anchoring or mooring in the Pacific Ocean, the Directing Authority may require the vessel owner, operator, or occupier to demonstrate, under direct observation, that the vessel waste discharge system, bilges and/or holding tanks are functioning properly through use of dye tabs or other mechanism(s).

(Added by Ord. 12-07, 12/4/12)

No person shall throw, discharge, deposit, or leave, or procure to be thrown, discharged, deposited or leave either from or out of any vessel, any anthropogenic refuse matter of any description into the Pacific Ocean.

(Added by Ord. 12-07, 12/4/12)

(a) Administrative Remedies. In addition to all other enforcement mechanisms provided for in this Chapter, any violation of this Chapter may be enforced through the Administrative Citation Program set forth in Chapter 1.10 of the City Municipal Code.

(b) Nuisance Abatement. Any condition in violation of the prohibitions of this Chapter shall constitute a threat to the public health, safety and welfare, and is declared and deemed a nuisance pursuant to Government Code Section 38771. The Directing Authority is hereby authorized to take any and all enforcement action as provided for in accordance with Chapter 6.14 of the City Municipal Code to abate said nuisance.

(c) Criminal Sanctions.

(1) Misdemeanor. Any person who violates any provision of this Chapter shall be guilty of a misdemeanor and shall be punished in accordance with Sections 1.01.200 to 1.01.240 of this Code.

(2) Damages. Any person found guilty of violating the provisions of this Chapter may be ordered to pay all of the following damages:

(A) All costs incurred in the enforcement of this Chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, impoundment, disposal, cleanup, administrative expenses, expert witness fees, attorneys' fees and costs, and all other expenses as authorized by law;

(B) All costs incurred in cleaning up or mitigating harm to the environment or other public property, and/or the costs associated with reducing the threat to human health;

(C) Damages for harm to the environment or other public property; and

(D) Restitution and injunctive, declaratory and such other equitable relief as may be allowed by law.

(d) Consecutive Violations. Each day in which a violation occurs, and each failure to comply with any provision of this Chapter or any administrative citation shall constitute a separate violation of this Chapter.

(e) Nonexclusive Remedies. Each remedy available for the enforcement of this Chapter shall be non-exclusive. It is within the discretion of the Enforcing Attorney to seek cumulative remedies.

(f) Arrests and Citations. All arrests and/or citations issued pursuant to this Chapter shall comply with the procedures regarding the making of arrests set forth in Section 833 et seq., of the California Penal Code, and the procedures regarding misdemeanor citations set forth in Section 853.6 et seq., of the California Penal Code.

(g) Violations of Other Laws. Any person acting in violation of this Chapter also may be acting in violation of the Clean Water Act or the State Water Code and other laws and also may be subject to further sanctions, including civil liability. Accordingly, the Enforcing Attorney is authorized to file a civil suit pursuant to Section 505 of the Clean Water Act, 333 U.S.C. Section 1365, or other applicable code, seeking penalties, damages and orders compelling compliance and other appropriate relief. The Enforcing Attorney may notify any appropriate Federal, State or local agency of any alleged violation of this Chapter.

(h) Injunctions. Nothing in this Chapter shall be deemed to prevent the Directing Authority from ordering the Enforcing Attorney to file a civil action in a court of competent jurisdiction seeking an injunction against any threatened or continuing noncompliance with the provisions of this Chapter. Any temporary, preliminary or permanent injunction issued pursuant hereto may include an order for reimbursement to the Directing Authority of all fees and costs incurred in enforcing this Chapter, including, but not limited to, the costs of inspection, investigation and monitoring, the costs of abatement undertaken at the expense of the City, costs relating to restoration of the environment, all legal and consulting fees and costs and all other expenses as authorized by law.

(i) Other Civil Remedies. Nothing in this Chapter shall be deemed to prevent the Directing Authority from ordering the Enforcing Attorney to file a civil action in a court of competent jurisdiction seeking civil damages, including, but not limited to:

(1) All costs incurred in the enforcement of this Chapter, including, but not limited to, costs relating to investigation, sampling, monitoring, inspection, impoundment, disposal, cleanup, administrative expenses, expert witness fees, attorneys' fees and costs, and all other expenses as authorized by law;

(2) All costs incurred in cleaning up or mitigating harm to the environment or other public property, and/or the costs associated with reducing the threat to human health;

(3) Damages for harm to the environment or other public property; and

(4) Restitution and injunctive, declaratory and such other equitable relief as may be allowed by law.

(j) The Directing Authority is authorized to immediately issue a written order to remove the vessel from the Pacific Ocean, and barring the vessel and the person owning and/or in possession of the vessel from the Pacific Ocean for a period of: (1) one year for a prohibited discharge; or (2) two years for tampering or removal of dye tablets, the refusal to allow boarding, the refusal to or interference with the placing of dye tablets or the performance of testing. Where personal delivery cannot be made, a copy of the order shall be sent by first class mail, postage prepaid to the address of the person to whom the vessel is registered. The order may be appealed to the City Manager after the vessel is removed from the Pacific Ocean.

(k) The Directing Authority may also impound the vessel for failure to meet the requirements of this Chapter.

(Added by Ord. 12-07, 12/4/12)

To the extent permitted by law, the Directing Authority may elect to contract for the services of any public entity or private person to carry out the patrolling, inspections, and enforcement authorized by this Chapter.

(Added by Ord. 12-07, 12/4/12)

Full compliance by any person with the provisions of this Chapter shall not preclude the need to comply with other local, State or Federal statutory or regulatory requirements which may be required for the control of the discharge of pollutants and/or the protection of water quality.

(Added by Ord. 12-07, 12/4/12)

The provisions of Sections 1094.5 and 1094.6 of the Code of Civil Procedure set forth the procedure for judicial review of any act taken pursuant to this Chapter. Parties seeking judicial review of any action taken pursuant to this Chapter shall file such action within 90 days of the occurrence of the event for which review is sought.

(Added by Ord. 12-07, 12/4/12)