Marin County Municipal Code Ch. 11.20 Moorage and Occupancy of Vessels

For the purposes of this chapter, the following phrases, words and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

(a) "Ark" is any vessel, boat, craft, or structure originally designed to float that is now permanently grounded or supported by a foundation or piling.

(b) "Director" means the duly authorized and acting director of the public works department of the county.

(c) "Floating home" is any boat, craft, living accommodation or structure supported by a means of floatation, designed to be used without a permanent foundation, which is used or intended for human habitation.

(d) "Garbage" includes any or all of the following: garbage, swill, refuse, cans, bottles, papers, vegetable matter, carcasses of dead animals, offal, trash, rubbish, and radioactive waste material.

(e) "Graywater" means wastewater from lavatories, bathtubs, showers, clothes washers, dishwashers and other similar plumbing fixtures.

(f) "Moor" means the fixing of a vessel in one location, temporarily or permanently, by mooring, anchoring, grounding, or any other means.

(g) "Person" includes any person, firm, association, corporation, or any members, agents, or employees of any of the foregoing.

(h) "Sewage" means any and all waste substance, liquid or solid, associated with human habitation, or which contains, or may be contaminated with, human or animal excreta or excrement, offal, or any feculent matter.

(i) "Transient vessel" means any vessel temporarily moored in the county which is occupied for a period of less than four consecutive days or ten days in any calendar month.

(j) "Vessel" means any watercraft of any type or size, including but not limited to barges, ferry boats, arks, yachts, houseboats, floating homes, and rafts.

(k) "Waterway" means any water, waterway, lake, river, creek, canal, lagoon, bay, inlet, slough, tributary, or arm of the sea situated within or bounding the county.

(Ord. 2440 § 25, 1979: Ord. 1790 § 1, 1970: Ord. 1675 § 2, 1968: Ord. 1313 § 1, 1963)

It is unlawful for any person to do any of the following:

(a) Discharge untreated sewage or graywater into a waterway;

(b) Dump or throw garbage into a waterway;

(c) Occupy, or cause, or permit another person to occupy any moored vessel as living quarters, other than a transient vessel, without first securing a valid occupancy permit as hereinafter provided;

(d) Rent or lease berthing space to any vessel other than a transient vessel, for which an occupancy permit has not been secured;

(e) Cause or allow a vessel located on or moored to his property to be occupied in contravention of this chapter for a period in excess of thirty days after receipt of a written notice from the director, specifying the vessel involved and the location thereof;

(f) Furnish or supply electrical service, natural gas or fresh water, or provide a sewer connection, to any vessel, other than transient vessels, for which an occupancy permit has not been secured.

(Ord. 2440 § 26, 1979: Ord. 1790 § 2, 1970: Ord. 1371, 1964: Ord. 1313 § 2, 1963)

(a) Form — Fee. All applications for occupancy permits shall be in writing on a form supplied by the Marin County department of public works, and shall be accompanied by a nonrefundable fee as established in the current "Resolution of the Marin County Board of Supervisors Establishing Fees for Permits Administered by the Department of Public Works," to cover the cost of processing and inspection.

(b) Contents of Applications. All applications shall, as nearly as possible, contain the following information:

(1) The size, type and location of the vessel for which the permit is sought;

(2) The number of people to be accommodated on board;

(3) That provision has been made for disposal of sewage and graywater by connection to an approved shoreside sewage disposal system;

(4) That provision has been made for connection to shoreline utilities;

(5) Such other information as the chief building inspector or his authorized deputies may deem necessary to effectuate the provisions of this chapter.

(c) Issuance. If the chief building inspector, after investigation, determines that suitable provision has been made for the disposal of sewage and graywater and connection of shoreside utilities, and that occupancy of the vessel for which the permit is requested will not create a hazard to the health, welfare or safety of the occupants thereof or the community in general, he shall issue the permit. All permits may be made subject to such conditions as the chief building inspector deems appropriate to insure compliance with the provisions of this chapter.

(d) Posting. Permits shall be permanently posted and maintained upon the vessel.

(e) Term — Renewal. All permits issued and in effect on June 1, 1989 shall remain in effect, unless there is a material change in any conditions, any change in ownership or location of the vessel. These changes will operate to revoke the permit; it may be renewed by submission of an appropriate application and payment of a nonrefundable fee as established in the current "Resolution of the Marin County Board of Supervisors Establishing Fees for Permits Administered by the Department of Public Works," to cover the cost of processing and inspection.

(f) Inspections — Revocation. The chief building inspector or his authorized deputies shall have the authority to board and/or inspect any vessel, after reasonable notice to the owner or occupant, when he has reasonable cause to believe that the vessel is occupied in violation of the provisions of this chapter or Chapter 19.18. The authority of the chief building inspector to board and/or enter any vessel shall be subject to the requirements and provisions of Section 19.04.023, provided the chief building inspector shall be exempt from the provisions of Section 19.04.023 and may board and/or enter any vessel in situations of emergency where public health, safety or property is endangered. The chief building inspector shall have the right to revoke any permit granted hereunder in the event that he ascertains that the permittee, or any occupant of the vessel, is acting in contravention of any of the provisions hereof.

(g) Appeal. In the event that any applicant or permittee is for any reason dissatisfied with the actions of the chief building inspector by reason of failure to grant a permit, revocation of a permit, or imposition of any conditions relating to the permit, the applicant or permittee shall have the right to appeal to the board of supervisors, in writing, within ten days after notification of the action of the chief building inspector. Upon receipt of an appeal, the board of supervisors shall call a hearing within fifteen days from receipt of the appeal and give the applicant notice thereof by registered or certified mail addressed to the appellant at the address shown on the application or permit. At the conclusion of the hearing, the board of supervisors shall render a decision, which decision shall be final.

(Ord. 2997 § 1, 1989; Ord. 2451 § 5, 1980: Ord. 2449 § 4, 1980: Ord. 2440 § 27, 1979: Ord. 2209 § 3, 1976: Ord. 1793 § 1, 1970: Ord. 1790 § 3, 1970: Ord. 1675 § 3, 1968: Ord. 1371, 1964: Ord. 1313 § 3, 1963)

All vessels shall be securely and safely moored to insure the required space between floating homes, as specified in Section 11.21.050, is maintained at all times. When used, mooring lines shall be of sufficient strength and be installed in a manner that will prevent the floating home from moving more than twelve inches in any lateral direction.

(Ord. 2440 § 28, 1979: Ord. 1675 § 5, 1968)

No person shall, without first securing a permit therefor from the board of supervisors, move, locate, relocate, transport or dock a floating drydock within the unincorporated area of Marin County.

(Ord. 1779 § 1, 1970)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Section 1.04.270. The person shall be deemed to be guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by him.

(Ord. 1313 § 4, 1963)

If any section, subsection, subdivision, sentence, clause or phrase of this chapter is, for any reason, held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The board of supervisors hereby declares that they would have passed this chapter and each section, subsection, subdivision, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases are declared illegal or unconstitutional.

(Ord. 1313 § 6, 1963)

Any vessel inspection requested for purposes not included under Section 11.20.030 shall be made by the department of public works. This inspection will be performed upon receipt of an application and fee in the manner as provided for in Section 11.20.030.

(Ord. 2353 § 1, 1978)