Article II — DIRECTOR OF THE MARINE BUREAU

The Director shall have the authority and it shall be his duty:

A.

To supervise and administer all operations and activities of the Bureau;

B.

To direct and control the berthing of vessels in the marinas; to assign moorings, berths, or landing places to vessels within designated areas within the marinas or any other water area under the City's jurisdiction; to determine the admissibility of vessels to the marinas dependent on type, condition, size, and availability of berthing space; to assign visiting vessels berthing space and specify the limit of stay for a period not to exceed fifteen (15) days of any month, except under emergency conditions;

C.

To enforce the provisions of this Chapter, including all regulations adopted by the City Council in accordance with Section 16.08.970, Bureau policies, and other State and federal laws and ordinances of the City affecting the marinas or any other mooring area under the City's jurisdiction and the navigable waters within the limits of the City;

D.

To order any vessel moored, docked, or berthed in the marinas or at a privately owned mooring, docking, or berthing facility which is under permit issued by the City, to change its position and in case his orders are not complied with, to cause the vessel to be so moved and to collect the cost thereof from the vessel or the owner thereof;

E.

To 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 State or local laws or ordinances; to so report any encroachment on the waterway by the building of illegal structures, illegal filling, or dumping of material of any sort into the waterway, or the throwing overboard or setting adrift or allowing to be set adrift anything that is or might become obstructive or dangerous to navigation or a menace to public health or safety;

F.

The Director may keep a current record of the number, size, and kind of vessels using the navigable waters in the marinas and the number of passengers carried. The owners, masters, or persons in charge of any vessel using the waters are required to furnish the Director or his designee with any reasonable information requested, and to allow him upon demand to examine their papers, including their manifest;

G.

To perform such other duties the City Manager may, from time to time, assign to the Director.

(Ord. C-5625 § 4 (part), 1980: prior code § 7221)

Whenever a power is granted to or a duty imposed upon the Director, the power may be exercised by or the duty may be performed by the Harbor Master or any assistant, deputy, or employee of the Bureau designated by the City Manager for such purpose, unless expressly provided otherwise.

(Ord. C-5625 § 4 (part), 1980: prior code § 7221.1)

In the absence of the appointment of a Harbor Master, the duties of the Harbor Master shall be performed by the Director or by any assistant, deputy or employee designated by the City Manager for such purpose. The Harbor Master, acting under the orders and supervision of the Director, shall have full authority in the enforcement of all provisions of this Chapter and regulations affecting the marinas, and all orders and instructions given by the Harbor Master in the performance of his duties shall have the same effect as if issued by the Director.

(Ord. C-5625 § 4 (part), 1980: prior code § 7221.2)

In accordance with the provisions of Subsection 2.93.050.A, the City Council hereby designates the Marine Advisory Commission, established pursuant to Chapter 2.48, to conduct the hearing of the appeal of any cancellation of a permit issued pursuant to this Chapter. All of the applicable provisions of Chapter 2.93 (conduct of hearings) shall govern the conduct of the hearing and the processing of the appeal.

(Ord. C-7101 § 1, 1993: Ord. C-6461 § 1, 1988: Ord. C-5625 § 4 (part), 1980: prior code § 7221.3)

A.

Those employees of the City holding the unclassified position of Manager of the Marine Bureau, Harbor Master, Superintendent of Marine Safety, and Superintendent of Marine Patrol and those employees of the City holding or temporarily performing the duties of the classified positions of Marine Safety Battalion Chief, Marine Safety Sergeant, Marine Safety Officer, Lifeguard, Marina Supervisor, Marina Agent I, Marina Agent II, Special Services Officer I, Special Services Officer II, Special Services Officer III, Special Services Officer IV and Security Officer III employed in the City shall have the duty of enforcing such laws, ordinances, rules

and regulations as the City Council may direct by regulation enacted pursuant to Section 16.08.970 and such tariff items as the Board of Harbor Commissioners may direct pursuant to Port of Long Beach Tariff No. 4, or any revision or replacement thereof.

B.

Those employees of the City holding or temporarily performing the duties of the classified noncareer positions of Special Services Officer I and Special Services Officer II shall have the duty of enforcing such laws and ordinances as the City Council may direct by regulation enacted pursuant to Section 16.08.970.

C.

The employees referred to in Subsections A. and B. above are authorized, pursuant to California Penal Code Section 836.5, to arrest persons and to prepare, issue, and deliver to any such arrested person a written notice to appear in court and to release such person from custody upon receiving from such person his or her written promise to appear in court for any violation or violations of any section or sections designated by the City Council in regulations enacted pursuant to Section 16.08.970.

D.

Nothing in this Section is intended to operate either in addition to or in contravention of Part 2, Title 3, Chapter 4.5, of the California Penal Code, which expressly designates those persons who are classified as peace officers. Further, nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of the officers and employees authorized to act pursuant to this Section from public or miscellaneous officers and employees to individual peace officers or safety members or classes of peace officers or safety members for purposes of retirement, worker's compensation or similar injury or death benefits or any other employee benefit or benefits to which said employee would not have been entitled as a public employee prior to the adoption of this Section.

(ORD-24-0020 § 2, 2024; ORD-08-0014 § 8, 2008: Ord. C-7246 § 1, 1994; Ord. C-7195 § 1, 1994; Ord. C- 6250 § 1, 1986; Ord. C-5956 § 2, 1983: Ord. C-5717 § 1, 1981: Ord. C-5625 § 4 (part), 1980: prior code § 7221.4)

A.

Those employees who are designated by the City as Marine Safety Rescue Boat Captain and who are regularly employed and paid for duties performed in or around the marinas as defined under Chapter 16.08 of the Municipal Code, which are essentially duties commonly performed by Harbor Police as defined under Section 830.330(b) of the Penal Code, shall be peace officers while engaged in the performance of duties in accordance with Section 803.33 of the Penal Code of the State of California.

B.

The primary duties of those employees designated as Marine Safety Rescue Boat Captain shall include enforcing such laws and ordinances as the City Council may direct by regulation enacted, and which from time to time may be amended, pursuant to Section 16.08.970. Those employees covered by this Section

are authorized to make an arrest pursuant to Section 836 of the Penal Code as to any public offense with respect to which there is immediate danger to person or property, or of the escape of the perpetrator of that offense, or pursuant to Sections 8597 or 8598 of the California Government Code.

C.

Employees covered under this Section shall not be peace officers for the purpose of, and as set forth in Section 12025 and Section 12031 of the Penal Code.

D.

Nothing in this Section is intended to or shall operate to change or shall have the effect of changing the status of employees of the City holding the classified position of Marine Safety Rescue Boat Captains from public or miscellaneous officers or employees to individual peace officers or safety members or classes or peace officers or safety members for purposes of retirement, workers' compensation or similar injury or death benefits or any other employee benefit or benefits to which the employees would not have been entitled as a public employee prior to the adoption of this Section.

(ORD-24-0020 § 3, 2024; Ord. C-7246 § 2, 1994)