Chapter 29A — SMALL CRAFT HARBOR

Editor's note— Section 1 of Ord. No. 86-13, adopted May 14, 1986, amended Ch. 29A to read as set out in §§ 29A.1—29A.53. Formerly, the chapter consisted of §§ 29A.1—29A.62, and was derived from the following:

Ord. No. Date Section Ord. No Date Section

63-13 1—8 80-46 12-10-80 1

66-12 1, 2 81-21  5- 6-81 1

68-33 1 83-21  5-23-83 1

76-35  9- 8-76 1, 2

State Law reference— Authority of city to adopt ordinances as to waterborne vessels, Harbors and Navigation Code, § 660; pollution of water, Health and Safety Code, §§ 4400—4485.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Administrative officer. The duly appointed administrative officer of the Oceanside Small Craft Harbor District or his authorized representative.

Anchor. See "Mooring."

Auxiliary. Any vessel which may be propelled by sails or by means of an inboard or outboard engine. While under sail only, and auxiliary shall be subject to rules governing sailing craft; while under power, either with or without sails, an auxiliary shall be subject to the rules governing motorboats.

Basin. A naturally or artificially enclosed or nearly enclosed body of water where small craft may lie.

Berth. A place to tie a vessel assigned by Harbor District authority.

Boat trailer. Any movable cradle, structure or device on wheels used for moving boats into or out of the water, or for the storage of boats thereon.

Carrying passengers for hire. The carriage of a person by vessel for valuable consideration, whether directly or indirectly flowing to the owner, charterer, operator, agent or any other person interested in the vessel.

Channel. A natural or artificial waterway of perceptible extent which either periodically or continually contains moving water or which furnishes a connection link between two (2) or more bodies of water; and which body of water is deep enough to be used for navigation by small craft through the area.

Commercial vessel. Any vessel used or engaged for charter, engaged in any type of commercial venture or displaying advertising of any kind.

Dock. A waterway extending between two (2) piers for the reception of vessels; specifically, a landing pier for boats; a wharf.

Float. Any floating structure normally used as a point of transfer for passengers and goods and/or for mooring or securing purposes.

Houseboat. A watertight structure without means of propulsion intended primarily to be occupied as living quarters.

Live bait receiver. An object, the purpose of which is to confine live bait to be used for fishing and afloat in the waters of the harbor, or moored by means of an anchor or other weight to the bottom of the Pacific Ocean.

Mooring. When used as a noun, "mooring" shall mean any anchor, weight, chain, rope, floating object, structure or appliance used for the purpose of holding a vessel in a particular place and which is not carried on board such vessel as regular equipment when underway.

Motorboat. Any vessel whose only means of propulsion is internal-combustion, electric, or mechanical engine, either inboard or outboard.

Navigable waters. Any waters over which the city has jurisdiction, whether such waters are described as "inland waters" or "high seas."

Oceanside small craft harbor. Any harbor within the incorporated area of the City of Oceanside.

Pier. A structure built out into the water with piles for use as a landing place.

Quay. A stretch of paved bank or solid artificial landing place beside navigable water.

Sailing craft. Any vessel whose only means of propulsion is by sail.

Shoreline. The line of the tide at any given time.

Slip. A vessel's berth alongside a float.

Stray vessel. A vessel that is: (1) abandoned; (2) moored without permission; (3) underway without a competent person in command; or (4) whose owner is unknown.

Superintendent. Same as "administrative officer."

To anchor. To secure a vessel by dropping an anchor or anchors so as to secure a vessel to the bottom, within a body of water, for a limited period of time.

Turning basin. That portion of any channel within the harbor which has been designated by appropriate governmental authority as an area wherein vessels are permitted to turn around or otherwise alter their courses of directions.

Underway. Not at anchor or made fast to the shore or aground.

Unseaworthy derelict vessel. A vessel incapable of being safely maneuvered on the open seas under its own power and unable to pass a standard harbor police inspection.

Vessel. Ships of all kinds, steamboats, steamships, canal boats, barges, sailing vessels, houseboats, floating homes, watercraft of any type or any kind by whatsoever means propelled, if propelled at all, every structure designated to be, adopted to be, or capable of being navigated or operated on water from place to place for the transportation of merchandise, persons, or any other purpose.

(Ord. No. 86-13, § 1, 5-14-86)

(a)

It shall be unlawful for a person to operate a vessel upon the waters within the harbor at a speed greater than is reasonable or prudent, having due regard for other vessels, property and persons on such waters and in no event at a speed which endangers the safety of persons and property.

(b)

It shall be unlawful for a person to operate a vessel at a speed in excess of five (5) nautical miles per hour upon the waters of the harbor or for any person to operate any vessel at a speed other than that which is reasonable and prudent considering any wake that such vessel creates and the effect of such wake on other vessels in the harbor.

(c)

For the purpose of clarification, "upon the waters of the harbor" means those waters easterly of Aids to Navigation Light No. 9 and Day Marker No. 8.

(d)

This section does not apply to any vessel while it is participating as a contestant in a race held pursuant to a permit granted by the directors of the harbor district for such race.

(Ord. No. 86-13, § 1, 5-14-86)

In the interest of public safety and sanitation, fishing is prohibited from the sea walls, banks, docks and finger floats of the harbor except at locations designated and posted as fishing areas by the administrative officer. Fishing is permitted from boats moored at slips, provided bait and fishing gear are not kept or used on the finger floats.

(Ord. No. 86-13, § 1, 5-14-86)

(a)

It shall be unlawful for any person to climb over, under or otherwise tamper with or attempt to circumvent the locked gates to the pier docks in the harbor.

(b)

No person shall willfully or negligently destroy, damage, deface, disturb or maliciously interfere with any building, aid to navigation, mooring buoy, float, life preserver, sign, signal, notice or any other public or private property within the harbor, whether within a leasehold or district property.

(c)

Gates and doors shall remain locked at all times. Wiring open or jamming locks or impairing gates and locks is prohibited.

(Ord. No. 86-13, § 1, 5-14-86)

To ensure the public safety, a person shall not do welding or use a blow torch or both or cause or permit any welding or use of blow torch on any wharf, dock or vessel without first registering and obtaining written approval from the administrative officer. The administrative officer may require and assist in temporary relocation of the vessel while the work is being completed. This section does not apply to cooking devices which the administrative officer finds safe. Such approval does not relieve a person from compliance with any applicable federal or state laws. It shall be unlawful to use said equipment without a written approval.

(Ord. No. 86-13, § 1, 5-14-86)

It shall be unlawful to anchor in the harbor, except in an emergency without the express written consent of the administrative officer.

(Ord. No. 86-13, § 1, 5-14-86)

(a)

Except as provided in subsections (b) and (c), it shall be unlawful to store or place supplies, materials, gear, dinghies or other items on floats nor shall mooring lines, water hoses or cables be extended across main walkways.

(b)

Notwithstanding the prohibition in subsection (a), a slip permittee may store a dinghy within an approved slip on a float provided the dinghy is seaworthy, in good appearance, remains buoyant at all times, and does not represent an environmental hazard. Any dispute about the condition of the dinghy shall be determined by the harbor division manager. The float shall be no longer than twelve (12) feet and shall not create an obstacle to navigation.

(c)

A dinghy may be stored outside of the approved slip area within the water of the harbor only upon the issuance of a permit by the harbor division manager and the payment of the applicable fee established by resolution of the city council. Any permit issued by the harbor division manager shall ensure the requirements of subsection (b) are met.

(d)

Steps, stairs, ladders or other devices shall not be secured to the finger floats. Platform steps not over one- half (½) the width of the finger float may be used as a temporary means for boarding vessels, and these

shall be removed when not in use. They must be of lightweight construction and not used as a storage locker. Steps and stairs shall be clear of personal articles and debris at all times.

(Ord. No. 86-13, § 1, 5-14-86; Ord. No. 20-OR0687-1, § 1, 12-2-2020)

(a)

It shall be unlawful to berth, moor or anchor any vessel in any part of the harbor except such vessels which fit entirely within the slip with a vessel lawfully berthed, such as a dinghy or other similar vessel, without first having obtained the appropriate permit from the administrative officer to do so and having paid all fees as required by the harbor district.

(b)

Terms, conditions and rates for said permit shall be set by resolution of the harbor board.

(c)

Houseboats are prohibited from occupying a berth in the harbor.

(Ord. No. 86-13, § 1, 5-14-86; Ord. No. 10-OR0152-1, § 1, 2-24-2010)

It shall be unlawful for a person to climb into or upon any boat, vessel, yacht or other watercraft moored, tied or anchored in the harbor without consent of the owner unless in performance of official duties or to protect life and property.

(Ord. No. 86-13, § 1, 5-14-86)

It shall be unlawful for a person with intent to commit malicious mischief, injury or other crime, to climb upon or over any boat, vessel, yacht or other watercraft moored, tied or anchored in the harbor.

(Ord. No. 86-13, § 1, 5-14-86)

It shall be unlawful for a person to willfully injure, tamper with any vessel in the harbor or break or remove any part of, or from, such vessel without consent of the owner.

(Ord. No. 86-13, § 1, 5-14-86)

It shall be unlawful for a person to launch or remove from the waters of the harbor any vessel, except at locations which are designated as regular places of business for the launching and hauling of vessels and

having the necessary equipment to do such work, without first obtaining approval from the administrative officer.

(Ord. No. 86-13, § 1, 5-14-86)

No person shall place or allow any item of personal property to obstruct or limit the free, easy or open access to, along or from any boat landing, pier, berth, wharf, sidewalk, walkway, driveway or other public facility in the Oceanside Small Craft Harbor District. Any such item may be removed by authorized agents of the district or City of Oceanside and is subject to disposal consistent with applicable law.

(Ord. No. 86-13, § 1, 5-14-86; Ord. No. 04-OR410-1, § 1, 6-2-04)

be shown on map.

All channels, turning basins and emergency anchorages in the harbor shall be established by the directors of the harbor district as approved by the governmental authority of the United States of America. In the absence of such designation by proper governmental authority of the United States of America, any channels, turning basins and berthing areas designated by local authorities shall be shown on a map on file in the administrative office of the harbor district.

(Ord. No. 86-13, § 1, 5-14-86)

It shall be unlawful for a person to engage in the act of swimming in any portion of the harbor, including the main channel or entrance, except while performing hull maintenance in the area immediately next to one's boat. Such main channel or entrance channel is defined as that portion of the harbor used for the navigation of vessels entering or leaving the harbor.

(Ord. No. 86-13, § 1, 5-14-86)

(a)

No person shall use the following types human-powered watercraft in the harbor including the entrance or main channel: surfboards, boogie boards, float tubes, fishing float tubes, and single air chamber floating devices customarily found in swimming pools, including, but not limited to, air mattresses and floating chairs. Furthermore, no person shall use a surfboard, boogie board, or similar device, propelled through the use of hydrofoil, or similar machine propelled technology, in the channel or harbor entrance.

(b)

Notwithstanding the prohibition in subdivision (a), stand up paddleboards, kayaks, surf skis, outrigger canoes, dinghies, inflatable boats (including but not limited to Avon, Achilles, Zodiac, AB, and Nautica), and pedal-boats shall be permitted in the harbor. All human powered vessels authorized in the harbor pursuant

to this subdivision (b) shall give way, yield the right of way, and keep completely clear of all other non- human powered vessels, including both sail and power boats.

(c)

The prohibition in this section may be waived by the harbor superintendent upon the recommendation of the Oceanside Special Events Committee.

(Ord. No. 86-13, § 1, 5-14-86; Ord. No. 16-OR0614-1, § 1, 2, 9-7-16; Ord. No. 20-OR0635-1, § 1, 10-21- 2020)

It shall be unlawful for a person to navigate any vessel within the bounds of any area established by the board of directors of the harbor district or the city council as special use areas in the harbor.

(Ord. No. 86-13, § 1, 5-14-86)

All vessels using the harbor shall conform to existing laws of the state and federal government governing aids to navigation. It shall be unlawful to willfully fail to obey any sign, notice, signal, control device or buoy placed or erected at the direction of the superintendent.

(Ord. No. 86-13, § 1, 5-14-86)

(a)

Any item whatsoever, including but not limited to supplies, materials, gear, vessels and/or vehicles, that are stored, berthed, moored, anchored, placed or otherwise situated in violation of any of the provisions of this chapter, including but not limited to sections 29A.6, 29A.7, 29A.8 and 29A.13, this Code, or any other City Code or ordinance, or any applicable federal or state law, may be removed and/or impounded at the direction of the administrative officer or the chief of police or their designees. Such items may be disposed of in accordance with the provisions of Division 3, Part 4, Title 6, Chapter 4, Article 1 of the Civil Code, except where another provision of law applies or as set forth herein. The administrative officer is authorized to enter into contracts with private parties to remove, impound and/or dispose of any item consistent with the provisions of this section.

(b)

In the case of vessels removed pursuant to this section, an attendant on board the vessel may be given the opportunity to forthwith remove any such vessel before it is impounded. Transient mooring rents, if any, shall continue to accrue while the vessel is impounded, and shall be paid by the owner of the vessel in addition to any other fees charged hereunder prior to release of the vessel by the administrative officer or the chief of police. The provisions the Boaters Lien Law, as set forth in Division 3, Chapter 2, Article 4 of the Harbors and Navigation Code shall apply to the disposition of vessels registered with the department of motor vehicles.

(Ord. No. 10-OR0152-1, § 2, 2-24-2010)