Los Angeles Municipal Code Art. 9 Marina Del Rey Entrance Channel

(Added by Ord. No. 139,030, Eff. 10/20/69.)

Section 69.00 Finding. 69.01 Description. 69.02 Authority for Enforcement. 69.03 Definitions. 69.04 Traffic Control Authority. 69.05 Basic Speed Law. 69.06 Permits for Races and Special Events. 69.07 Reverse Gears. 69.08 Launching or Recovering Vessels. 69.09 Permits, Suspensions, or Revocations. 69.10 Lost and Found Property. 69.11 Underwater Diving. 69.12 Prohibited Swimming. 69.13 Hazardous Lights. 69.14 Anchoring or Mooring in Entrance Channel. 69.15 Illegally Moored or Abandoned Vessels. 69.16 Fees Incidental to Recovery, Movement and Storage. 69.17 Dangerous Vessels, Sunken Vessels, or Obstruction of Channels. 69.18 Duty upon Collision. 69.19 Commercial Activities Prohibited. 69.20 Bait Tanks. 69.21 Sanitation Regulations. 69.22 Prohibited Operation upon Waters of the Channel. 69.23 Prohibited Activities upon Areas Abutting the Entrance Channel.

The Council of the City of Los Angeles hereby finds that the Marina del Rey Entrance Channel is a unique portion of the City of Los Angeles and requires special rules and regulations which cannot properly be applicable to any other portion of the City of Los Angeles. The reason for said uniqueness is that the Marina del Rey Entrance Channel is owned by the County of Los Angeles but is located within the City of Los Angeles. It is the means whereby small boats traverse from the Pacific Ocean into the Marina del Rey, a small boat harbor owned and operated by the County of Los Angeles and located within unincorporated territory. The provisions of this article shall be applicable only to the Marina del Rey Entrance Channel.

“Marina del Rey Entrance Channel” as used herein, and to which this article is applicable, shall mean all those inland waters of the State of California and lying within the city limits of the City of Los Angeles, lying northeasterly of the Marina del Rey Detached Breakwater and bounded by lines drawn northeasterly and perpendicular to the shore from lights 1 and 2 of said Breakwater (and being more particularly described as those waters inside of the lines of the “high seas” as described in Section 6552(f)(13), Title 14, of the California Administrative Code).

Harbor patrol officers of the County of Los Angeles, acting under the jurisdiction and orders of the County’s Director of Small Craft Harbors and/or the County’s Harbor Master, Marina del Rey Small Craft Harbor, shall have full authority to enforce the provisions of this ordinance and the provisions of the California Harbors and Navigation Code within the area described in section 69.01, or the area immediately adjacent thereto, including the power to arrest for violation of the provisions thereof, as though employed by the City of Los Angeles in the capacity of harbor patrol officers or harbor police officers. Nothing contained herein, however, shall constitute such harbor patrol officers as employees or agents or officers of the City of Los Angeles.

Auxiliary: Shall mean any vessel having both sails and either an inboard or outboard motor and which may be propelled by its sails or by its motor, or both.

City: Shall mean the City of Los Angeles, County of Los Angeles, State of California.

County: Shall mean the County of Los Angeles, State of California.

Department: Shall mean the Department of Small Craft Harbors, County of Los Angeles.

Director: Shall mean the Director of the Department of Small Craft Harbors.

Emergency: Shall mean a state of proximate danger to life or property in which time is of the essence.

Harbormaster: Shall mean the Chief Officer of the Harbor Patrol, County of Los Angeles, or member of the Harbor Patrol that the Chief Officer may designate to act in the Chief Officer’s stead in the Chief Officer’s absence.

Harbor Patrol: Shall mean the organization comprising all members regularly employed by the Los Angeles County as Harbor Patrol Officers.

Harbor Patrol Officers: Shall mean harbor policemen, which also includes any harbor police officers, as referred to in Section 663.5 of the California Harbors and Navigation Code.

Moor: Shall mean to secure a vessel other than by anchoring.

Mooring: Shall mean (1) a place where vessels are secured; (2) the equipment used to secure a vessel; and (3) the process of securing a vessel other than by anchoring.

Mooring Buoy: Shall mean a buoy secured to the bottom by anchors and provided with attachments to which a vessel may be secured by use of its anchor chain or mooring lines.

Regulatory Marker: Shall mean any of the waterway markers defined as “regulatory markers” in the California Administrative Code, Title 14, Article 6, commencing with Section 7000.

State: Shall mean the State of California.

Stray Vessel: Shall mean (1) an abandoned vessel; (2) a vessel the owner of which is unknown; (3) a vessel moored without permission; or (4) a vessel underway without a competent person in command.

To Anchor: Shall mean to secure a vessel to the bottom within a body of water by dropping an anchor or anchors.

Underway: Shall mean the condition of a vessel not at anchor; without moorings; and not made fast to the shore nor aground.

Vessel: Shall mean every description of water craft, other than seaplane on the water, used or capable of being used as a means of transportation on the water.

Waterway: Shall mean any water area providing access for vessels from one place to another, principally a water area that is navigable which may provide or is used as a regular route for water traffic, that is owned, managed, or controlled by the County or under the jurisdiction of the County, either in incorporated or unincorporated territory.

Waterway Marker: Shall mean any State aid to navigation or regulatory marker as defined in California Administrative Code, Title 14, Article 6, commencing with Section 7000.

All traffic control markers, signs, notices, signals, buoys, or navigation control devices shall be installed only upon the authority of the Director and the Director is hereby authorized to install such permanent or temporary traffic control markers, signs, notices, signals, buoys, or navigation control devices as the Director may deem necessary for the protection of persons and property within the entrance channel, or to regulate traffic during, and after any race, regatta, parade or special event being held in said channel or in any portion thereof. No person shall install any marker unless so authorized, except to mark a sunken or disabled craft or other hazard to navigation as set forth in section 69.17 hereafter. It shall be unlawful to willfully fail to obey any such marker, sign notice, signal, buoy, or navigation control device.

(a) The entire water area as described in section 69.01 is designated as a speed zone in which no person, except a public officer in performance of the public officer’s duty, shall operate a vessel or cause it to be operated at a speed that is not reasonable or prudent, having due regard for other vessels, property, and persons on said waters, and visibility and weather conditions prevailing at that time.

(b) The prima facie speed limit in all areas to which this article applies is eight (8) nautical miles per hour unless posted differently by the authority of the Director, in which event said posted speed shall be the prima facie speed limit.

(c) No person shall operate a vessel in such a manner that the speed thereof creates an unnecessary or excessive wake.

(d) No person shall operate or permit to be operated a motor vessel at any speed, while any person on board shall be positioned in such a manner as to endanger said person.

(e) No person shall operate a vessel at a speed which shows a willful or wanton disregard for the safety of persons or property.

This section shall not apply to any vessel operator participating as a contestant or in an authorized capacity in a race, regatta, demonstration, exhibition, or other special event conducted pursuant to the terms and conditions of a permit granted by the Director.

It shall be unlawful for any person to engage or participate in a boat race, regatta, demonstration, exhibition, or other special event unless so authorized by permit of the Director.

It shall be unlawful for any person to operate on the waters of the entrance channel any power or motor-driven vessel that does not have a reverse gear or the means to reverse and stop the vessel, except when participating as a contestant in a race, regatta, demonstration, exhibition, or other special event which has been authorized by the Director.

No person shall launch any vessel into the entrance channel unless the person has written permission issued by the Director. No person shall remove any vessel onto the rock jetties or onto the breakwater except in an emergency. No person having charge of any vessel shall permit the debarkation of passengers or the off-loading of cargo onto any jetty, breakwater, or structure within the entrance channel nor onto another vessel, except in an emergency.

All permits granted under the authority of this ordinance shall be valid only for such period as may be determined by the Director. A violation of the provisions of this ordinance, or of any other applicable ordinance, by any permittee shall be grounds for suspension or revocation of such permit or permits.

Stray vessels, and all personal property or other articles lost, abandoned, or found in the entrance channel and not in the possession or control of some person, shall be delivered to the office of the Director or Harbor Master in compliance with the provisions of the Civil Code of the State of California. Said Director or Harbor Master shall take charge of said property in the manner as provided in said Civil Code. The owner of such property shall be liable for any costs and expenses incurred in the removal, storage, sale, or other disposition thereof.

(a) It shall be unlawful for any person to engage in skin diving or underwater diving requiring apparatus for underwater breathing or to engage in any other under water activity requiring such breathing apparatus in said entrance channel except that diving for salvage or recovery purposes may be authorized upon written permit of said Harbor Patrol.

(b) When a person or persons are engaged in an underwater diving activity, there shall be present an attendant not less than sixteen (16) years of age who shall be on the surface of the water close over the person or persons engaged in the underwater activity, and such attendant shall conspicuously display the “Divers Flag” during diving activities.

A person shall not swim, bathe, or wade in any portion of the entrance channel.

It shall be unlawful for a person responsible for same to place, erect, build, or install within the Marina del Rey entrance channel or on contiguous jetties any light fixtures or open flame fires in such manner as to constitute a hazard to operators of vessels navigating at night.

This section shall not apply to any usual indoor or outdoor lighting fixtures installed upon the private properties within the adjacent Venice Waterways Project.

A person shall not anchor nor moor any vessel within the entrance channel nor secure it to any jetty, breakwater, buoy, or other thing except in any emergency, in which case such person shall forthwith report the emergency to the Harbor Master and thereafter act in accordance with the Harbor Master’s instructions. The owner of any vessel anchored or moored for emergency reasons shall be responsible for causing such vessel to be tied, secured, or anchored with proper care and in such manner as may be required to not unnecessarily obstruct the passage of other vessels and to prevent breakaway and resulting damage.

If any unattended vessel shall be found to be anchored or moored within the entrance channel, the Director may assume custody of such vessel and cause it to be removed or held or placed in storage. The Director or the Director’s deputies shall not be held liable for any damage to such vessel whether such damage occurs before or after the Director or Director’s deputies assumes custody.

If said vessel is not claimed by the owner thereof, the Director may deal with such vessel in the manner as provided in the Civil Code as it now reads or as it may hereafter be amended.

Charges imposed by County for recovery and/or movement of vessels shall be in accordance with the “Schedule of Charges for Services Rendered and Supplies Furnished by the Harbor Patrol” as approved by the Board of Supervisors of the County of Los Angeles on November 30, 1965, or as subsequently amended, and whenever a vessel is impounded or held for safekeeping, there shall be in addition a charge for storage at the rate of five dollars ($5.00) per day.

(a) Whenever a vessel is sunk, accidentally or otherwise, 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, and 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 entrance channel shall be obstructed or endangered by any sunken vessel or other obstruction the vessel or obstruction shall be subject to removal, sale, or other disposition by the Director and may be treated as found property and subject to the provisions of the Civil Code. The owner or owners of such vessel or property causing such obstruction or damage shall be liable to the County for all costs incident to said removal and disposition, and shall further be liable to any person who may be damaged as a proximate cause of said sunken vessel or other obstruction. Neither the County nor the City of Los Angeles, their 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) Any vessel that may enter the entrance channel in a disabled condition, or any vessel within said channel, which may for any reason be rendered disabled, shall immediately become subject to the orders and directions of the Director and it shall be unlawful for any person to fail or refuse to comply with the Director’s orders or directions with regard to the disposition of such vessel.

(a) The operator of any vessel involved in a collision with any other vessel or with any other object shall immediately notify the owner of the struck vessel of the name and address of the operator and/or owner of the striking vessel, and shall further immediately report the incident and furnish the same information to the Harbor Master. Failure to render both said notice and said report shall be a violation of this article.

(b) The rendering of the notice and report aforementioned in this section shall not exonerate any boat operator or owner from rendering accident reports required by the California Harbors and Navigation Code or any other reports required by state law.

No person shall solicit, sell, hawk, or peddle any goods, wares, or merchandise of any sort whatsoever within the entrance channel; nor shall any person distribute circulars, handbills or advertising matter within the entrance channel, nor erect any signs, posters, or other advertising media upon any breakwater, structure, sign, or marker within said entrance channel.

(a) Bait tanks on any vessel containing bait shall, when said vessel is in the waters of the entrance channel, be covered by a screen cover or other cover which shall fit closely over the top of said bait tank and the operator of such vessel shall, at all times, have aboard their vessel a covered can, box or other receptacle for dead bait. No live or dead bait shall be deposited or placed into the waters of said entrance channel.

(b) A person shall not transfer bait from one vessel to another within the entrance channel.

(a) It shall be unlawful for a person to throw, discard, discharge or deposit any refuse, trash, sewage or matter of any description into the waters of the entrance channel or upon the contiguous lands.

(b) A person shall not discharge or deposit or permit to pass into the waters of the entrance channel any coal, tar, oil, gasoline, sludge or residuary products of coal petroleum, asphalt, bitumen or other carbonaceous material or substance nor any varnish, paint or similar products. Any accidental spill of said materials or products shall be immediately reported to the Harbor Master and it shall be a violation of this article to fail to do so.

(c) Any person who causes such accidentally spill of coal, tar, oil, gasoline, sludge or residuary products thereof, or of varnish, paint, or similar products, shall take all reasonable and appropriate steps to remove such material, or as much thereof as may be possible, from the waters of the entrance channel.

(d) A person shall not place or deposit and subsequently abandon any dead animals, fish, shell fish, bait or other putrefying matter on or along the jetties, breakwater, vessels, or land, nor shall a person throw or deposit any animal carcass in the waters.

(e) A person shall not clean fish on the jetties, breakwater, land or waters.

(f) No person shall operate the toilet fixtures of a vessel within the entrance channel at any time so as to cause or permit to pass or to be discharged into the waters of said channel any excrement, sewage, or other waste matter or contaminant of any kind.

Except upon written permission of the Director, which may be given for special events; no person shall:

(a) Tow, ride upon, otherwise operate water skis or aquaplanes.

(b) Tow any vessel, object, or structure behind a vessel when such towed object, structure, or vessel is a distance of 75 feet or more astern of the towing vehicle.

(c) Operate a hydrofoil craft, seaplane, or air propeller driven water craft.

(d) Use, or cause to be used, on any vessel under the person’s control, a spinnaker sail of any type except where such use is made necessary by an emergency.

Except upon written permission of the Director, which may be given for special events, no person shall:

(a) Be present upon or loiter upon either of the jetties adjacent to the entrance channel between the hours of 10:00 p.m. and 6:00 a.m. of the next day.

(b) Light or maintain any open fire upon either of the jetties adjacent to the entrance channel.

(c) Throw or propel any object at or toward any vessel or into the waters of the entrance channel from said jetties.

(d) Remove, take, injure, mutilate, destroy, or otherwise damage any rock, wood, plants, trees, or other object whether natural or artificial, which is located upon said jetties or upon the breakwater.

(e) Paint, draw, write, or otherwise mark upon any of the rocks constituting a portion of said jetties or breakwater, or attach thereto any sign, card, display, or other material intended to communicate a message, idea, name, or otherwise, to any person viewing said jetties or breakwater; except that the Director or Harbor Master may place such signs upon such jetties or breakwater as necessary to direct traffic or warn persons of their presence.

(f) No vehicles shall be driven upon said jetties except in such places as are improved for the driving of such vehicles. Should any vehicle be parked upon said jetty in a place not so improved, and should said vehicle be unattended, the Director or the deputy may remove such vehicle to a nearby location where parking of vehicles is permitted and the cost of such removal, parking, and storage shall be charged to the owner of said vehicle.