National City Municipal Code Ch. 9.24 Harbor Regulations

No substance that will sink or form an obstruction to navigation shall be deposited in the water or on the shore of San Diego Harbor without first obtaining permission, in writing, from the city manager.

(Ord. 877 § 1, 1955)

No person, firm, association or corporation shall discharge or deposit, or shall cause or suffer to be discharged or deposited, or to pass, in or into the waters of the bay of San Diego, any coal tar or refuse or residuary of coal, petroleum, asphalt, bitumen, or other carbonaceous material or substance.

(Ord. 877 § 2, 1955)

It is unlawful to throw, discharge or deposit, or cause, suffer or procure to be thrown, discharged or deposited, either from out of any ship, barge or other floating craft of any kind, or from the shore, wharf, manufacturing establishment or mill of any kind, any tar, oil or inflammable liquid or refuse matter of any kind or description whatever into the harbor of San Diego, and it is unlawful to discharge or cause, suffer or procure to be deposited, materials of any kind in any place, or on the banks of the harbor of San Diego where the same is liable to be washed into the harbor, either by ordinary or high tides, or by storm, floods or otherwise, whereby navigation may be impeded or obstructed. Provided, that nothing herein extends to or prohibits the operation in connection with the improvement of the harbor or construction of public works considered necessary and proper by the city council.

(Ord. 877 § 3, 1955)

In case of any vessel, boat, watercraft, raft or other obstruction sinking or grounding, or being unnecessarily delayed in the harbor of San Diego, in such manner as to stop, interfere with or endanger navigation, or otherwise unnecessarily obstruct the harbor or tideland approaches thereto, the city manager has the right to take immediate possession of such vessel, boat, watercraft, raft or other obstruction so far as to remove it, and to immediately clear the harbor or tideland approaches thereto of the obstruction, using his best judgment to prevent any unnecessary damage to such craft or obstruction aforesaid, and no one shall interfere with or prevent such removal.

Any sunken or abandoned vessels, boats, watercraft, rafts, wharfs, buildings or other obstructions shall be subject to be removed, destroyed, sold or otherwise disposed of by the city council at its discretion and at the expense of the owner or owners and without liability for any damage to the owner or owners.

The city manager may, in his discretion, give notice in writing to the owner or owners of any such craft or obstruction, requiring them to remove it. Provided, that the expense of removing any such craft or obstruction as aforesaid is a charge against such craft and/or obstruction or contents thereof, and if the owner of the same fails or refuses to reimburse the city for such expense within thirty days after notification, then the city manager may secure bids for the removal thereof, and may sell the aforesaid craft, obstruction and/or contents, or any part thereof that may not have been destroyed in removal, and the proceeds of such sale, or so much thereof as may be necessary to reimburse the city for the expense of such removal, shall be paid into the city treasury.

(Ord. 877 § 4, 1955)

It is unlawful to tie up or anchor vessels or other craft in the harbor of San Diego in such manner as to prevent or obstruct the passage of other vessels or craft, or to voluntarily sink, or cause to be sunk, vessels or other craft in the waters of the harbor; or to float loose timbers, logs or piles in the harbor in such manner as to obstruct, impede or endanger navigation; and whenever a vessel or other craft is wrecked or sunk in the harbor accidentally or otherwise, it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern by night, and to maintain such mark until the sunken craft is removed or abandoned.

The neglect or failure of such owner so to do is unlawful; and it shall be the duty of such owner of such sunken craft to commence the immediate removal of the same, and to prosecute the removal diligently; and failure to do so is considered as an abandonment of such craft, and shall subject the same to removal by the city council.

(Ord. 877 § 5, 1955)

Anyone who violates, or knowingly aids or abets a violation of any of the provisions of this chapter, is guilty of an infraction, and upon conviction thereof is punishable as provided in Section 1.20.010.

(Ord. 1621, 1978; Ord. 1358 § 2 (part), 1973: Ord. 877 § 6, 1955)