Lake County Municipal Code Art. X Standards for Marina Berthing Licenses

a. Any person, group, organization or entity to use a berth, as defined herein, unless such marina berthing license as may be required under this article has been fully executed;

b. Any person, group, organization or entity to use a berth without a marina berthing license;

c. The licensee to willfully violate the terms and conditions of the license;

d. To interfere with or disrupt the lawfully licensed use of a berth within a marina located within the boundaries of the County of Lake.

(Ord. No. 2985, § 1, 3-12-2013)

a. Applicant means any person, group, organization, or entity who seeks a marina berthing license from the County to use a berth in a marina located within the boundaries of the County of Lake. An applicant must be eighteen (18) years of age or older.

b. Berth means a place to tie a vessel as assigned by the County.

c. Berth use means the tying of a vessel to a berth as assigned by the County to the licensee.

d. Berthing area means the area of any marina owned by the County of Lake in which vessels are berthed.

e. Berth license fee means and includes the monthly or daily fee paid by the licensee for the use of the assigned berth.

f. Board or Board of Supervisors means the Board of Supervisors of the County of Lake, State of California.

g. County means the Administrative Office of the County of Lake, which is authorized to execute marina berthing licenses, or any other County Department or entity that is authorized to manage marina operations, as designated by the Board of Supervisors.

h. County marina means and includes the area within the boundaries of the County of Lake that is owned and operated by the County of Lake as a facility for the berthing of vessels.

i. Float means and includes any floating platform normally used for the mooring or securing of vessels.

j. License Application Fee means the fee to be paid by the marina berthing license applicant at the time the application is filed with the County, pursuant to the application fee schedule established by resolution of the Board of Supervisors.

k. Licensee means any person or organization to whose name a specific berth at the County marina is assigned by the County pursuant to a marina berthing license.

l. Marina berthing license or license means the license agreement executed by the licensee and the County pursuant to the provisions of this article.

m. Person means any individual, firm, partnership, joint venture, limited liability company, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

n. Personal watercraft means and includes any motorized vessel that has an internal combustion engine powering a water-jet pump or a fully-covered propeller chamber as its primary source of motor propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than the conventional manner of sitting or standing inside the vessel. This term shall include, but not be limited to, those vessels commonly known as "jet skis," "wet bikes," "surf jets" and "sea-doos."

o. Seaworthy means in good condition, structurally sound, not likely to sink or become a menace to navigation or a nuisance, and capable of getting underway and safely maneuvering over the surface of navigable waters.

p. Vessel means and includes every description of watercraft, other than a seaplane on water, that is used or is capable of being used as a means of transportation on water.

(Ord. No. 2985, § 1, 3-12-2013)

77.2 The County shall post notice inviting applications for marina berthing licenses, and said notice shall be in compliance with Government Code Section 6061. Said notice shall also be posted in the office of the Clerk of the Board of Supervisors. Said notice shall describe the berth proposed to be licensed, the terms of the license, the location where offers and applications to license the berths will be accepted, the location where the license will be executed, and the County officer authorized to execute the lease or license.

77.3 Applications shall be considered based on availability of a berth as described in Section 15-83, contents of the application form as described in Section 15-78, the license conditions described in Section 15-82, or any other criteria which the County determines to be applicable under this agreement.

a. The name, mailing address and daytime and evening telephone numbers of the applicant, and a certification that the applicant will be financially responsible for any fees and costs that may be imposed for the use of the berth.

b. The name, mailing address and daytime and evening telephone numbers of an alternative person who may be contacted if the applicant is unavailable.

c. The name, mailing address and daytime and evening telephone numbers of the person or persons chiefly responsible for the use of the berth.

d. Insurance information, where appropriate.

e. Any special or unusual requirements that may be imposed or created by virtue of the berth use.

f. Any supplemental information which the County shall find reasonably necessary, under the particular circumstances of the license application, to determine whether to approve or conditionally approve a marina berthing license application pursuant to the provisions of this article.

(Ord. No. 2985, § 1, 3-12-2013)

a. The information contained in the application, or supplemental information requested from the applicant, is found to be materially false or misleading.

b. The applicant fails to complete the application form after having been notified of the additional information or documents requested.

c. The berth use will violate public health or safety law or fail to conform with the requirements of federal, state and/or local law.

d. The applicant demonstrates an inability or unwillingness to use the berth pursuant to the terms and conditions of this article.

e. No appropriate berths are available as described in Section 15-83.

(Ord. No. 2985, § 1, 3-12-2013)

81.1 When the grounds for denial of an application for a license in Section 15-80 herein can be corrected by altering the date, time, duration, or location of the license, the County, instead of denying the application, shall conditionally approve the application pursuant to Section 15-82 herein. The conditions imposed shall provide for only such modification of the applicant's proposed license as is necessary to achieve compliance with this article and shall be consistent with the federal, state, and/or local law.

(Ord. No. 2985, § 1, 3-12-2013)

a. Marina berthing licenses are nontransferable. No person shall gift, sell, assign, or transfer, whether voluntarily or involuntarily, a marina berthing license, and any attempt to do so shall not be recognized or honored by the County of Lake; provided, however, the County may establish regulations authorizing the temporary use of berths.

b. The term of marina berthing licenses are subject to renewal on an annual basis.

c. Any license fee for a marina berthing license shall not exceed ten thousand dollars ($10,000.00) per month.

(Ord. No. 2985, § 1, 3-12-2013)

a. The applicant is either (i) a natural person and the registered or documented owner of the vessel, or (ii) in the event the registered or documented owner of the vessel is a partnership (general or limited), corporation, limited liability company, joint venture or other legal entity, that the applicant is a natural person whose interest in the vessel (whether by virtue of an interest in the partnership, ownership of stock of a corporation or otherwise) is equal to or greater than that of each of the other partners, stockholders, members or associates; and

b. The vessel is seaworthy and of appropriate size to operate in a County of Lake marina; and

c. The applicant is credit worthy.

(Ord. No. 2985, § 1, 3-12-2013)

a. Denial of a license;

b. A license condition.

a. The applicant must possess or obtain public liability insurance to protect against loss from liability imposed by law for damages on account of bodily injury or property damage arising from the berth use. Such insurance shall name on the policy or by endorsement as additional insureds the County of Lake, its officers, employees and agents.

b. Insurance coverage must be maintained for the duration of berth use. Coverage shall include, but is not limited to, a comprehensive general liability insurance policy with a protection and indemnity (vessel liability) endorsement issued by an insurance carrier and with minimum limits approved by the County's Risk Manager.

c. Certificates of Insurance. The marina berthing license shall not be executed by the County until after the insurance policy or certificate of insurance along with the necessary endorsements have been filed by the applicant or sponsor and approved by the County's Risk Manager.

a. With coverage limits established by the County Risk Manager; and

b. Issued by an admitted insurer or insurers as defined by the California Insurance Code, with a current A.M. Best's rating of no less than A:VII; and

c. Providing that the County of Lake, its officers, employees and agents are to be named as additional insured under the policy; and

d. Stipulating that the policy will operate as primary insurance and that no other insurance effected by the County of Lake or other named insured will be called on to contribute to a loss covered thereunder; and

e. Providing that no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the marina berthing license, without thirty (30) days' written notice to the County prior to the effective date of such cancellation or change in coverage.

87.3 Within thirty (30) days of the effective date of the ordinance codified in this article, the County shall provide written notice of the requirements of this Section 15-87 to every person who is a licensee on the effective date of said ordinance. A person who is a licensee on the effective date of said ordinance shall have ninety (90) days from the effective date of said ordinance to comply with the requirements of this Section 15-87.

(Ord. No. 2985, § 1, 3-12-2013)

a. A public purpose will be served and the event provides a benefit to the citizens of the County of Lake.

(Ord. No. 2985, § 1, 3-12-2013)

a. Shown the County proper work authorization from the owner of the vessel; and

b. Shown the County evidence of the issuance of an fictitious business name from the County of Lake; and

c. Obtained permission from the County to enter the berthing facility; and

d. Agreed to perform such service or work in conformance with instructions of the County; and

e. Shown the County a statement of insurance coverage to include:

(1) Workers compensation and employer's liability,

(2) General liability insurance,

(3) Products and completed operation liability,

(4) Broad form property damage liability, and

(5) Personal injury liability.

a. Vessels that are in an emergency situation or condition shall only be operated or berthed in a marina until the emergency situation/condition ends, but in no event shall the vessel remain in a marina for more than seventy-two (72) hours;

b. Determinations of seaworthiness shall be made by the County.

99.1 All vessels approaching or within the County marina shall be operated in a safe and prudent manner and in no event shall the entrance to the County marina be blocked by general boating activities or fishing. The speed of any vessel within the County marina shall not exceed three (3) miles per hour. No person shall operate a vessel upon the waters of the County marina in such a manner that the speed thereof creates an unnecessary or excessive wake, or interferes with the operation of any other vessel. Notwithstanding this Section 15-99, all vessels must comply with the speed limitations of Section 15-11.

(Ord. No. 2985, § 1, 3-12-2013)

100.1 It is unlawful for any child under the age of fifteen (15) years to enter, remain, or be upon any of the floats, gangways, or vessels in the County marina, unless such child is accompanied by a responsible adult who is authorized to be in the County marina pursuant to Section 15-83 of this article.

(Ord. No. 2985, § 1, 3-12-2013)

101.1 No owner or person in control of any dog or other animal shall license the animal to run at large within the County marina. All animals shall be deemed to be running at large unless: the animal is led or restrained by a leash, chain, strap, cord, or other similar device attached to the animal's collar, and which is securely fastened around the animal; and the leash, chain, strap, cord, or other similar device is actually held by a person capable of controlling the animal or made fast to the vessel of the owner or the vessel of the person in control of the animal. Owners shall be responsible for all actions of the animal.

(Ord. No. 2985, § 1, 3-12-2013)

102.1 No person shall throw, deposit, discharge, or otherwise place any refuse, garbage, debris, bait, sewage, or waste matter of any description, upon or into the floats or waters of the County marina.

102.2 No person shall throw, deposit, discharge, or otherwise place any oil, paint, varnish, spirits, coal tar, contaminated bilge water, inflammable liquid, refuse or residuary produce of coal, petroleum, asphalt, bitumen, or other carbonaceous material or substance, upon or into the floats or waters of the County marina.

102.3 All garbage shall be deposited in receptacles furnished by the County of Lake for that purpose.

102.4 No person shall clean fish on the floats or other areas of the County marina. No person shall place or leave dead animals, fish, parts of fish, shellfish, bait, or other putrefying matter on or along the floats, gangways, or County marina structures, or throw or deposit such materials upon or into the waters of the County marina.

(Ord. No. 2985, § 1, 3-12-2013)

103.1 No person shall discharge sewage in a County marina. The County shall require owners of vessels which are used for eating or sleeping purposes to post notices that the toilet facilities aboard may not be used while the vessel is moored or berthed in the County marina or is using the waters of the County marina, unless such vessel is equipped with a properly functioning sewage holding tank.

(Ord. No. 2985, § 1, 3-12-2013)

104.1 No person shall live on board any vessel within the County marina. One (1) or more persons on board between the hours of 1:00 a.m. and 6:00 a.m. shall be considered as living aboard that night; unless the vessel enters or leaves the County marina during that time.

(Ord. No. 2985, § 1, 3-12-2013)

105.1 No person shall use barbecues, hibachis or other similar open flame devices within the confines of the County marina.

(Ord. No. 2985, § 1, 3-12-2013)

106.1 No person shall wilfully injure, break, remove, or tamper with any part of any vessel or any other private or public property in the County marina, nor shall any person climb into, or upon, any vessel without the consent of the owner, unless in the performance of official duties, or to protect life or property.

(Ord. No. 2985, § 1, 3-12-2013)

107.1 The owner of a vessel shall assume all liability for damage or loss of any kind to the owner's property while within the confines of the County marina. The County of Lake assumes no risk on account of fire, theft, act of God, or damage of any nature, from any cause whatever, to vessels or other property.

(Ord. No. 2985, § 1, 3-12-2013)

108.1 No person shall advertise or solicit on any vessel or any berthing area within the County marina, except one (1) sign not to exceed one (1) square foot in area is licensed on any vessel.

(Ord. No. 2985, § 1, 3-12-2013)

109.1 The County of Lake Board of Supervisors finds as follows:

a. The County marina, as described in Section 15-73 of this article, is designated as a "special use area," as defined in the Harbors and Navigation Code, Section 651(aa). The County marina is operated by the County as a facility for the berthing of vessels. Local regulation of the County marina is required to prevent accidents and to facilitate the use of the County marina for its primary purpose of berthing licensee vessels.

b. The boat launches and courtesy docks are designated as special use areas, as defined in the Harbors and Navigation Code, Section 651(v). The boat launch ramps and courtesy docks are operated by the County of Lake for the launching and delaunching of vessels and for the coming and going of vessels using the courtesy dock on a temporary basis.

c. The configuration of the County marina, and the large number of boats berthed therein, which navigate in and out of the County marina, make use of the County marina area by persons other than County marina berth licensees incompatible with the primary use of the County marina by licensees. The presence of vessels that do not have a marina berthing license within the County marina reduces the County of Lake's ability to provide a safe channel to navigate in and out of the County marina, because it increases the likelihood of collisions, and reduces the County of Lake's ability to protect licensee's boats and other property.

d. The presence of persons fishing from shore or from vessels that are not properly berthed within the County marina is incompatible with the primary use of the County marina by licensees. Fishing by persons who are not licensees within the County marina reduces the County of Lake's ability to provide a safe channel to navigate in and out of the County marina, because it increases the likelihood of collisions, and reduces the County of Lake's ability to protect the licensees' boats and other property.

e. The presence of personal watercraft owned by persons who are not licensees within the County marina is incompatible with the primary use of the County marina by licensees. The presence of personal watercraft owned by person who are not licensees within the County marina reduces the County of Lake's ability to provide a safe channel to navigate in and out of the County marina, because it increases the likelihood of collisions, and reduces the County of Lake's ability to protect licensees' boats and other property.

f. The presence of personal watercraft at the boat launch ramps or courtesy docks, other than for launching and delaunching, presents a threat to public safety, in that wakes produced by the personal watercraft endanger the safety of other vessels which are launching and delaunching, and the presence of personal watercraft increases the likelihood of collisions between personal watercraft and other vessels.

g. The regulations contained in Sections 15-102 through 15-104 of this article are necessary to promote public safety and to protect the property of those vessels with a marina berthing license to berth in the County marina and vessels using the boat launch ramps and courtesy docks.

h. The ordinance codified in this article is adopted pursuant to the police powers of the County of Lake granted by the California Constitution, Article XI, Section 7, and the statutory authority conferred upon local governments by the Harbors and Navigation Code, Sections 268(a) and 660(a).

(Ord. No. 2985, § 1, 3-12-2013)

110.1 It is unlawful for any person to operate within the County marina a vessel for which a marina berthing license has not been executed, except with prior approval; provided, however, that it shall not be unlawful to enter the County marina for the purpose of navigating directly to and from the fuel dock to purchase fuel or other supplies.

(Ord. No. 2985, § 1, 3-12-2013)

111.1 It is unlawful for any person to fish within the County marina, whether from a vessel, float, or from the shore.

(Ord. No. 2985, § 1, 3-12-2013)

112.1 It is unlawful for any person to operate a personal watercraft within the County marina for recreational purposes; provided, however, that licensees and their invitees may operate personal watercraft within the County marina in order to navigate to that licensee's berth.

112.2 It is unlawful for any person to operate a personal watercraft in boat launch ramps or courtesy docks, except to launch or delaunch the personal watercraft.

(Ord. No. 2985, § 1, 3-12-2013)

113.1 Any person who violates any penal provisions of this article is guilty of a misdemeanor.

(Ord. No. 2985, § 1, 3-12-2013)

114.1 The provisions of this article shall apply to completed applications submitted on or after the effective date of this ordinance.

(Ord. No. 2985, § 1, 3-12-2013)