Napa County Municipal Code Ch. 12.24 Moorage and Occupancy of Vessels

The ordinance codified in this chapter and in Chapter 12.20 is enacted to provide for and protect the public health, safety and general welfare by establishing rules and regulations to prevent improper emissions and activities by vessels traveling on and moored within certain waterways in the county.

(Ord. 847 § 1 (part), 1987: prior code § 5900)

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.

"Director" means the director of the department of planning, building and environmental services of the county or the director's designee.

"Garbage" means and 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.

"Houseboat" means any vessel, boat, watercraft or structure on or in any waterway, floating or nonfloating, which is designed or fitted out as a place of habitation and is not principally used for transportation.

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

"Person" means and includes any person, firm, association, corporation, or any members, agents or employees of any of the foregoing.

"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.

"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.

"Vessel" means any watercraft of any type or size, including but not limited to barges, ferry boats, arks, yachts, houseboats or rafts.

"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. 910 § 10, 1989; Ord. 847 § 1 (part), 1987: prior code § 5901)

(Ord. No. 1379, § 55, 1-29-2013)

All vessels shall be securely and safely moored to insure that the required space between houseboats, as specified in Section 12.20.090, is maintained at all times. When used, mooring lines shall be of sufficient strength and be installed in a manner that will prevent any houseboat from moving more than twelve inches in any lateral direction.

(Ord. 847 § 1 (part), 1987: prior code § 5904)

A. Form of Application—Fee. All applications for occupancy permits shall be in writing on a form supplied by the department of planning, building and environmental services, and shall be accompanied by that fee established by resolution of the board of supervisors. The fee shall be nonrefundable.

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

1. The size, type, location, name and registration number of the vessel for which the permit is sought;

2. The number of people to be accommodated on board;

3. Proof that provision has been made for disposal of sewage;

4. Proof that such occupancy complies with all applicable zoning provisions;

5. Such other information as the director may deem necessary to effectuate the provisions of this chapter.

C. Issuance. If the director, after investigation, determines that suitable provision has been made for the disposal of sewage 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 director deems appropriate to insure compliance with the provisions of this chapter.

D. Posting. Permits shall be permanently posted and maintained upon the vessel.

(Ord. 906 § 12 (part), 1989; Ord. 847 § 1 (part), 1987: prior code § 5903 (a)—(d))

(Ord. No. 1379, § 56, 1-29-2013)

A. All permits issued hereunder shall be effective for a period of one year; provided, however, that any material change in the conditions shown upon the application or any change in ownership or location of the vessel shall revoke the permit.

B. Permits may be renewed by resubmission of an appropriate application which is accompanied by that fee established by resolution of the board of supervisors. The fee shall be nonrefundable.

(Ord. 906 § 12 (part), 1989: Ord. 847 § 1 (part), 1987: prior code § 5903 (e))

If the director determines that the permittee, or any occupant of the vessel, is acting in contravention of any of the provisions of this chapter, he shall notify the permittee, in writing, of the specific provisions involved and the requirements for correction. If the permittee fails to effect compliance within the time specified in the notice, the director may revoke the permit.

(Ord. 847 § 1 (part), 1987: prior code § 5903 (h))

Any appeal from a decision of the director to grant a permit, revoke a permit, or impose any conditions relating to a permit, shall be conducted in accordance with Chapter 2.88 of this code.

(Ord. 847 § 1 (part), 1987: prior code § 5903 (i))

(Ord. No. 1465, § 20, 12-15-2020)

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

A. Discharge untreated sewage into a waterway;

B. Dump or throw garbage into a waterway;

C. Occupy, 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 provided in this chapter;

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 a transient vessel, for which an occupancy permit has not been secured.

(Ord. 847 § 1 (part), 1987: prior code § 5902)

A. Whenever necessary to make an inspection to enforce any of the provisions of this chapter or Chapter 12.20, or whenever the director or his authorized representative has reasonable cause to believe that there exists in any vessel any condition or code violation which makes such vessel unsafe, dangerous or hazardous, the director or his authorized representative may board and enter such vessel at all reasonable times to inspect the same, provided that he shall first present proper credentials to the owner or other person having charge or control of the vessel and request to board and enter. If entry is refused, the director or his authorized representative shall have recourse to every remedy provided by law to secure entry.

B. When the director or his authorized representative shall have first obtained a proper inspection warrant or other remedy provided by law to secure boarding and entry, no owner or occupant, or any other persons having charge, care or control of any vessel, shall fail or neglect, after proper request is made as herein provided, to promptly permit boarding and entry therein by the director or his authorized representative for the purpose of inspection and examination.

(Ord. 847 § 1 (part), 1987: prior code § 5903 (f))

A. The director or his authorized representative charged with the enforcement of this code, acting in good faith and without malice in the discharge of his duties, shall not thereby render himself personally liable for any damage that may accrue to persons or property as a result of any act, or by reason of any act or omission in the discharge of his duties. Any suit brought against the director or employee because of such act or omission performed by him in the enforcement of any provision of this code shall be defended by legal counsel provided by this jurisdiction until final termination of such proceedings.

B. This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any vessel for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any certificates of inspection issued under this code.

(Ord. 847 § 1 (part), 1987: prior code § 5903 (g))

Any vessel moored or maintained and any use of the same contrary to the provisions of this chapter shall be, and the same is declared to be unlawful and a public nuisance, and the county may immediately commence action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate and remove such vessel or use and restrain and enjoin any person from mooring or maintaining any such vessel contrary to the provisions of this chapter.

(Ord. 847 § 1 (part), 1987: prior code § 5906)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished. 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. 847 § 1 (part), 1987: prior code § 5905)