Chapter 100 — HARBOR REGULATIONS

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

• ABANDONED VESSEL. Any vessel moored at the Small Boat Basin or other city-owned dock facility in excess of 72 hours without a valid berthing assignment.

BERTH. A place assigned by the city to tie a vessel.

BERTH FOOT. The ideal length of vessel which can occupy a designated slip.

BERTHING ASSIGNMENT PERMIT. Shall give the assignee the right to use of the wharf area or berth described in the assignment for three months.

BOAT TRAILER. Any movable cradle structure or device on wheels used for moving boats into or out of the water or for the storage of boats thereon.

FLOAT. Any floating platform normally used for the mooring or securing of vessels.

HARBOR. The Small Craft Harbor and/or any other waterfront facility or tidelands under the management or control of the city. HARBOR MASTER. The Director of Community Services or a designated representative.

MOORING. Any weight, chain, rope, floating objects, structure or appliance used alone or together for the purpose of holding a vessel in a particular place and which is not carried on board such vessel as regular equipment when underway.

MOTORBOAT. Any vessel whose primary means of propulsion is by internal combustion, electric or mechanical engine either inboard or outboard.

PIER. A structure built out into the water with piles for use as a landing place.

SAILING CRAFT. Any vessel whose primary means of propulsion is by sail.

SLIP. A vessel's berth along side a float.

TEMPORARY ASSIGNMENT. The right to the interim use of the wharf area or berth described in the assignment by any vessel requesting use of the facilities for less than three months.

VESSELS. Includes water craft of any type or any kind by whatsoever means, propelled, if propelled at all, every structure designed to be adapted to be or capable of being navigated or operated on water from place to place for the transportation of merchandise, persons or any other purposes.

WHARF AREA. Pier, wharf, bulkhead, bulkhead wharf, quay wharf, seawall, seawall structure, embankment, thoroughfare, and other port terminal facility areas along side of which vessels may lie or which are suitable for and are to be used in the loading and unloading, assembling, distribution and handling of merchandise.

WHARFINGER. The manager of the Small Craft Harbor.

('63 Code, § 11-1.201) (Ord. 2413, passed 2-17-48; Am. Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81)

The Harbor Master, the Police Department, or their designated representative shall have authority to enforce all lawful regulations affecting the city harbor. It shall be the duty of the Harbor Master to:

(A) Carry out the orders of the City Council and to enforce all regulations and laws of the city and state laws affecting the waters in the Eureka Harbor area.

• (B) Assign moorings or berths to vessels within designated areas.

• (C) Order any vessel improperly moored or berthed to change its position to one as he shall designate and in the event his orders are not complied with to cause such vessel to be moved and to collect the cost thereof from such vessel or owner thereof.

(D) Report promptly to the proper authorities any violation of the laws of the United States for the protection of navigation and the preservation of navigable waters or any violation of the state or local laws or regulations.

('63 Code, § 11-1.202) (Ord. 2413, passed 2-17-48; Am. Ord. 2416, passed 3-16-48; Am. Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81)

(A) Any person using the facilities within the confines of the harbor shall assume all risk of damage or loss to his property and the city assumes no risk on account of fire, theft, act of God or damages of any kind to vessels within the harbor.

(B) Removal, relocation or storage of vessels as provided in this chapter shall be without liability to the city or its agents. ('63 Code, § 11-1.301) (Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81)

(A) No person (including the owner, master, operator or person in possession of a vessel) shall moor a vessel at or in the facilities of this harbor, excluding tidelands under lease, without having first secured a berthing assignment permit or temporary assignment from the Wharfinger in the form and manner provided therefor.

(B) Upon expiration of the berthing assignment permit, unless extended or renewed, the berthing assignment permit and all rights thereunder automatically terminate. No berthing assignment permit shall be renewed if the holder thereof is in violation of any of the terms of this chapter or any other fully enacted ordinance or regulation of the city. No berthing assignment permit shall be renewed until all fees and charges due and payable shall have been paid in full.

(C) A berthing assignment shall authorize the holder thereof to use the moorage facilities for moorage purposes only and grants no further rights, privileges or uses. Additional or varying uses shall not be allowed except as provided in the ordinances and regulations of the city.

(D) Berthing assignment permits are not transferable. Sale or transfer of a vessel covered by a berthing assignment permit transfers no rights or privileges inhering in the berthing assignment permit nor guarantees the issuance of a new berthing assignment permit.

(E) Berthing assignment permits shall be issued only with respect to a named individual and shall be valid only in respect to that individual.

(F) Moorage spaces may be reassigned at the discretion of the Harbor Master if an orderly administration of the harbor so requires. Holder of a berthing assignment permit may apply for reassignment; however, reassignment is not a right or privilege inherent in the berthing assignment permit.

(G) Vessels to which berthing assignment permits apply may be temporarily assigned or reassigned to other berths and spaces under the control of the Harbor Master to accommodate repairs, improvements, maintenance, construction, emergencies or when necessary in order to permit maximum efficient public utilization of the harbor facilities.

(H) Moorage space designated by a berthing assignment permit may not be sublet.

(I) Any berthing assignment permit or temporary berthing assignment permit may be revoked immediately by the Harbor Master if the holder thereof violates any provision of this chapter or any other ordinance of the city applicable thereto. In addition, the Harbor Master may revoke a berthing assignment permit for a deliberate misstatement or willful failure to disclose any material fact in an application for the permit.

(J) A berthing assignment permit may be canceled by the holder thereof upon 30 days written notice to the Harbor Master.

(K) As a condition to the issuance of a berthing assignment permit, the holder thereof shall at all times keep the Harbor Master informed of his current mailing address, telephone number, legal owner's address, and insurance company of record. The holder shall also notify the Harbor Master immediately upon any change of ownership of the vessel to which his berthing assignment permit applies, and shall further notify the Harbor Master immediately upon vacating the mooring spaces assigned to the vessel. Failure to keep the Harbor Master informed as to the holder's current mailing address, telephone number, legal owner's address, and insurance company of record shall be grounds for revocation of the berthing assignment permit.

(L) Upon notice by certified mail, return receipt requested, to the holder of a berthing assignment permit that the berthing assignment permit has been revoked pursuant to this chapter, and after the expiration of 11 days from the date when said notice was deposited in the mail, the Harbor Master may remove any vessel or other personal property left by the holder upon the city's properties and dispose of the same in such fashion as the city may deem proper.

('63 Code, § 11-1.302) (Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

(A) Moorage rates and charges for berthing assignment permit or temporary berthing assignment permit shall be adopted by resolution of the City Council.

(B) All moorage fees and other charges are payable within 30 days of billing.

(C) Failure to pay moorage fees and other charges or failure to pay charges within 30 days from the date billed shall be a violation of this chapter. A late penalty charge of $25 shall be due and payable if an account remains due and unpaid for 30 days after billing. Past due accounts, in addition to the late penalty charge, should have interest accrued at 1.5% per month.

(D) Nothing contained in this chapter shall be construed as a waiver by the city of any rights and privileges granted by this chapter nor as a waiver of any right which the city may have against the vessel or the holder of any berthing assignment permit therefor under this chapter.

('63 Code, § 11-1.303) (Ord. 336-C.S., passed 3-18-81; Am. Ord. 388-C.S., passed 9-20-83)

The Wharfinger shall utilize, prepare and sign all receipts in accordance with the manner as prescribed by the Director of Finance. All fees required by this subchapter shall be deposited in the Humboldt Bay Fund of the city at times and intervals as specified by the Director of Finance. The Wharfinger shall be subject to further rules and regulations as may be provided by the Council by resolution or motion.

('63 Code, § 11-1.304) (Ord. 336-C.S., passed 3-18-81; Am. Ord. 388-C.S., passed 9-20-83)

(A) It shall be unlawful to willfully injure, break, remove or tamper with any part of any vessel in the harbor, any waterway or maritime facility, or to climb into or upon any vessel without the consent of the owner unless in the performance of official duties or to protect life and/or property.

('63 Code, § 11-1.305)

(B) During the hours the Small Boat Basin is secured, it shall be unlawful for unauthorized persons to be beyond the locked gate except as a guest or employee of a berth holder or as permitted by the Harbor Master. ('63 Code, § 11-1.306)

(Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

It shall be unlawful for any person under the age of 16 years to go, remain, or be upon any of the gangways, floats or vessels in the Small Boat Basin unless such person is accompanied by an adult, or unless such person has the written permission of the owner of any vessel located at the Small Craft Harbor to go upon such vessel, or unless such person has permission of the Wharfinger.

('63 Code, § 11-1.307) (Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

No vessel moored or berthed within the harbor shall be used as a place of residence except as expressly authorized by the Harbor Master for the purpose of harbor security or during period of inclement weather. For the purpose of this regulation any vessel used as an overnight accommodation in excess of two nights in any seven-day period shall be considered a residence. ('63 Code, § 11-1.308) (Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

(A) No person shall throw, discharge or deposit from any vessel or from the shore or float or in any other manner any refuse matter of any kind whatsoever into or upon the water of the harbor or on or upon the banks, walls, sidewalks, or beaches or any waters within the boundaries of the harbor.

(B) No person shall dump or discharge oil, spirits, inflammable liquid or contaminated bilge water into the harbor. All garbage must be deposited in receptacles furnished by the city or removed from the harbor.

(C) No person on board any vessel moored in the harbor shall use the sanitary facilities, “toilet, sinks, and the like” on board such vessel unless it is equipped with a Marine Sanitary Device or other approved device for sewage disposal that is in proper working order.

(D) No persons shall place or leave dead animals, fish, shell fish, bait, or other petrifying matter on or along seawalls, harbor structures, floats, piers, sidewalks, or beach areas of the harbor, or throw or deposit such material in the waters of such area.

(E) Pets shall not be allowed to commit any nuisance within the harbor. Dogs shall not be allowed on any dock or on the harbor grounds except while on leash.

('63 Code, § 11-1.309) (Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

No person shall, without a berthing assignment, permit or tidelands lease issued by the city, build, construct, erect, extend or locate within or upon or over the waters of the harbor any float, pier, landing wharf, open pile structure, or device or structure of whatsoever kind or nature.

('63 Code, § 11-1.310) (Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

(A) Whenever a vessel is sunk, accidentally or otherwise, in the harbor, it shall be the duty of the owner of such vessel to mark it immediately by a buoy or beacon by day and by a lantern or light by night and to maintain such markings until the sunken vessel or obstruction is removed. The neglect or failure of such owner to do so shall be unlawful. The owner of such sunken vessel shall immediately commence removal of said vessel and prosecute the removal diligently to completion.

(B) Whenever the navigation of any waters within the harbor shall be obstructed or in danger by any sunken vessel or other obstruction and the removal thereof is not diligently persecuted as required, the vessel or obstruction shall be subject to removal, sale or other disposition by the city and subject to the provisions of the Cal. Harb. & Nav. Code. The owner or owners of such vessel or property causing such obstruction or damage shall be liable to the city of all costs incident to said removal and disposition and shall further be liable to any person who may be damaged as proximate cause of said sunken vessel or other obstruction. Neither the city, nor its employees, agents or officers shall be liable for damages of any nature whatsoever arising out of or in any way connected with the removal, sale or disposition of such sunken vessel or other property.

(C) Abandoned vessels and/or other personal property shall be disposed of in accordance with the provisions of the Cal. Harb. & Nav. Code. Notice of intent to sell and of sale shall be given by certified mail, return receipt requested, to the holder of the berthing assignment permit as to such vessel or personal property, and by publication in a newspaper of general circulation in the county for one time, no more than ten nor less than four days prior to sale. Proceeds of the sale shall be first applied to the costs of sale, thereafter to the obligations owed to the city, and any balance to the holder of the berthing assignment. ('63 Code, § 11-1.311)

(D) All stray or abandoned vessels not in a lawful position or control of some person shall be immediately delivered to the possession of the Harbor Master. The registered owner, prior to receiving possession and custody of such property, shall pay all reasonable expenses incurred in connection therewith, including charges for raising, keeping and storing same.

(E) Any vessel of any nature moored, secured or in any manner placed within the confines of the Harbor or the shore or in the water for in excess of 72 hours without first obtaining a license permit or required permission therefore shall be considered to have been abandoned.

(F) All nondocumented vessels of any nature abandoned within the confines of the harbor, whether registered with the California Department of Motor Vehicles, or not marked or registered in any apparent manner, shall be placed in the protective custody of the Harbor Master and shall thereafter be subject to a lien sale under the provision of Cal. Harb. & Nav. Code, §§ 500 through 505.

(G) If in the opinion of the Harbor Master a boat or vessel is in danger of sinking due to the accumulation of water, he may pump out water from the vessel and the cost of this emergency service shall be charged to the owner of the vessel or berth holder.

('63 Code, § 11-1.312)

(Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

(A) It is unlawful for any person to operate a vessel at a speed that generates a noticeable wake within the Eureka Inner Reach. "Inner Reach" means the waterway along the Eureka Mainland between the southern section of the Samoa Bridge and the westernmost extension of the Eureka Public Marina to Day marker #19.

(B) Additionally, it is unlawful for any person to operate a vessel at a speed that generates a noticeable wake within the area of the Residences on Tuluwat Island, Latitude 40 48 28.8N/Longitude 124 10 19.4W to the Eureka Inner Reach to Latitude to 40 48' 38.86N/ 124 10'02.14W to Woodley Island.

(C) The map below, titled "No Wake Zone Humboldt Bay”, illustrates the area in which this regulation is applicable

(Ord. 924-C.S., passed 9-7-21) Penalty, see § 100.99

(A) Solicitation of patronage within the harbor is prohibited unless licensed by the city.

(B) No person shall post signs of any kind or description on piles, gangplanks or floats within the harbor without receiving prior approval from the Harbor Master.

('63 Code, § 11-1.314) (Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

Whenever any boat is in danger of being damaged or damaging other boats of any harbor facility, the Harbor Master shall be empowered to take such action as is in his discretion necessary for the protection of any property of the city or its berthing assignment permittees. The Harbor Master shall make a charge for any such services to the boat owner and such amount shall become due and payable in the same manner and subject to the same regulations as berthing or rental fees. ('63 Code, § 11-1.315) (Ord. 311-C.S., passed 6-1-79; Am. Ord. 336-C.S., passed 3-18-81)

(A) All persons using the harbor shall comply with all the rules and regulations, adopted by the United States of America, State of California, local agencies, with regard to water safety requirements, operation and maintenance of boats. The Harbor Master is authorized to enforce all said rules and regulations and to deny the use of the facilities at said harbor for violation of said rules and regulations.

('63 Code, § 11-1.316)

(B) An applicant for berth assignment agrees by his signature on the berthing assignment permit form to comply with these rules and regulations.

(C) The Harbor Master shall have the right to deny the use of the harbor and cancel the berth assignment and require removal of any boat at the owner's expense, who, in the opinion of the Harbor Master, fails to comply with the rules and regulations for the operation of the Eureka Small Craft Harbor and this chapter.

('63 Code, § 11-1.317)

(Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81)

(A) Berth assignment. Berth assignments shall be made from a chronological waiting list. A vacant berth assignment will be offered first to that person highest on the list for that size berth assignment and then, if refused, in sequence to those next on the list. Acceptance of a berth assignment must be indicated within five days of notification by payment of rent and deposits, and execution of a berthing assignment permit and indemnity agreement, and a statement of ownership and registration. A permittee must occupy this berth assignment with the boat owned and currently registered or documented to him within ten days from the

date of assignment. A “leave of absence” may be granted for periods exceeding seven months which will relieve the boater from rent obligations and entitle the permittee to the first available berthing assignment at the end of such “leave of absence.” Leaves of absence are not intended to facilitate substantial regular berthing at other harbors. No permittee may transfer his berthing assignment. Should he not desire to retain the berth assignment for his own use, it shall be available for reassignment. No permittee shall sublet or subrent his berth assignment to another person. The Harbor Master shall have the authority to move or relocate in the harbor any boat berthed therein. Such changes may be required for the safety and protection of personal property or as indicated, in order to obtain optimum utilization of facilities available. The Harbor Master may, when deemed necessary, permit vessels to use unoccupied moorings or berths for temporary assignment of guest or transient vessels. No benefit shall accrue to the permittee on account of fees collected for temporary assignments.

('63 Code, § 11-1.401)

(B) Safe mooring. All vessels will be required to furnish fenders or fender material as approved by the Harbor Master. The use of tires or similar materials for fenders is expressly prohibited.

('63 Code, § 11-1.402)

(C) Making fast to moored vessels. No person shall make fast to or tie any vessel to a vessel already occupying a mooring or berth without the approval of the master of that vessel and a berthing assignment permit from the Harbor Master. ('63 Code, § 11-1.403)

(D) Obstruction of wharves, floats and piers.

(1) City owned piers, floats, gangways and docks shall be kept clear at all times of any miscellaneous gear, debris, material, or other hazardous obstructions except as permitted by tidelands lease.

(2) Any condition aboard or around any boat, float or gangplank caused by the berth holder which in the opinion of the Harbor Master constitutes a fire hazard, health menace, danger to the public safety, or aesthetic distraction shall be corrected or removed immediately to the satisfaction of the Harbor Master. In addition to other remedies, in the event of the refusal or the neglect of the owner or the permittee to remedy forthwith the aforementioned conditions when reported to him, the Harbor Master shall remove the cause of the complaint at the sole expense of the owner and cancel the berth assignment of such owner or permittee.

rrected or removed immediately to the satisfaction of the Harbor Master. In addition to other remedies, in the event of the refusal or the neglect of the owner or the permittee to remedy forthwith the aforementioned conditions when reported to him, the Harbor Master shall remove the cause of the complaint at the sole expense of the owner and cancel the berth assignment of such owner or permittee.

(3) No person shall build or place in, on or about the Harbor any structures such as steps, walkways, gangplanks, finger floats, rubbing piles, dock boxes, or the like, without prior written approval of the Harbor Master. Dock wheels or telephone cleats that are permanently added to harbor docks shall become the property of the city.

('63 Code, § 11-1.404)

(E) Maintenance of boat in berth.

(1) Boat maintenance work in berths shall be limited to that ordinarily required to keep a vessel seaworthy and in good condition. Berth renters shall not conduct any major reconstruction work that would tend to make a boat unseaworthy or unsightly. No such work shall be undertaken except as may be provided in a site authorized for such work. Berth renters performing maintenance shall not obstruct piers and access with tools and equipment. If berth renter uses portions of piers and floats for rigging and maintenance work, such space must be left in a neat, clean and orderly condition.

(2) No spray painting or disc sanding will be permitted in the harbor except leased tidelands without the written approval of the Harbor Master.

(3) Whenever it is necessary to perform work on board a vessel involving use of welding or burning equipment, the Harbor Master shall be advised of the nature and extent of the work, the workmen or company doing the job, and the date and time the work will be done. The workmen or company doing the welding or burning must furnish a current gas free certificate. This notification shall be given prior to starting the work and wherever practical at least one day before the work is to be performed. ('63 Code, § 11-1.405)

(F) Use of water and electricity. Reasonable use of municipal water and electricity is included in the harbor service charge as adopted by resolution of the City Council. Any excessive use of water or electricity may be subject to individual metering and direct charge to the permittee.

('63 Code, § 11-1.406)

(G) Registration or documentation. All vessels required to be either U.S. documented or registered by the state must remain currently documented or registered to retain a berth assignment. ('63 Code, § 11-1.407)

(Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

(A) Authority. The following regulations are adopted pursuant to Cal. Veh. Code, § 21113 and shall apply to the Small Boat Basin parking area.

('63 Code, § 11-1.501)

(B) Obstructing traffic. No vehicle shall be parked so as to obstruct the road, driveway, gate or other public access. ('63 Code, § 11-1.502)

(C) Bicycles and motorcycles. Bicycles and motorcycles and motor driven cycles are subject to all requirements of this section and shall not be permitted on any pier or float.

('63 Code, § 11-1.503)

(D) Overnight parking of vehicles. No overnight parking of vehicles of any type shall be permitted except under the provisions of a permit issued by the Harbor Master. The Harbor Master may issue a parking permit for vehicles listed on the permit statement up to a maximum of two vehicles for each permittee.

('63 Code, § 11-1.504)

(E) Dry storage of trailers and/or trailered boats. Designated areas of land may be used for storage of boat trailers or trailered boats as approved by the Harbor Master, upon payment of fees as designated by resolution of the City Council. Storage of these vehicles shall be prohibited except in areas designated for such use by the city and after issuance of a permit by the Harbor Master. ('63 Code, § 11-1.505)

(Ord. 311-C.S., passed 6-19-79; Am. Ord. 336-C.S., passed 3-18-81) Penalty, see § 100.99

Whoever violates any provision of this chapter shall be guilty of a misdemeanor, and shall be subject to a fine not exceeding $1,000. Each day any person is in violation shall constitute a separate offense punishable as provided herein. ('63 Code, § 11-1.601) (Ord. 336-C.S., passed 3-18-81)