Article 5 — ANCHORAGE AND MOORING REGULATIONS

No person having charge of any vessel shall moor or anchor the same in a harbor except within the areas and at the places designated therefor. Any vessel which is moored or anchored at a place not designated for such vessel shall, upon the demand of the Director, designee or agent be forthwith moved to the place or places designated therefor. In the designation of mooring areas and anchorages, consideration shall be given to the needs of commerce, the utilization of turning basins, the use of channels for navigation and the economy of space. No vessels shall be moored or anchored in any part of any turning basin or channel unless the same shall be secured both fore and aft. Every vessel moored or anchored in any part of a harbor outside of any turning basin or channel shall be so moored or anchored as to prevent such vessel from swinging or drifting into any turning basin or channel.

(Ord. No. 99-21, § 1, 8-31-99)

If any vessel is moored, anchored or fastened to any pier or other vessel in a harbor in a manner as to be unsafe or dangerous to any vessel previously at anchor, or is moored, anchored or fastened as aforesaid in violation of any provision of this article, the Director or designee is hereby authorized and directed forthwith to order the position of said vessel to be changed in such manner as to obviate such condition or violation, and the master or other person having charge of such vessel shall forthwith cause the position of such vessel to be changed as directed and, upon the failure or refusal of such master or such person to change the position of said vessel as directed, or if such master or such person cannot be readily located, it shall be the duty of the Director or designee to forthwith board such vessel and change the position thereof. The master or owner of such vessel shall reimburse the County for all expenses of changing the position of such vessel. Should said master or owner fail to reimburse the County, then the Director may take such action, as he/she deems appropriate, to recover said expenses, including the commencement of a civil action on behalf of the County.

(Ord. No. 99-21, § 1, 8-31-99)

No person shall make fast or tie any vessel to a mooring occupied by another vessel, or make fast or tie to a vessel already occupying a mooring, except those vessels regularly used for transportation of persons or property to or from shore, and except as otherwise specifically authorized by the Director.

(Ord. No. 99-21, § 1, 8-31-99)

No person shall tie up or anchor a vessel in a harbor in such a manner as to obstruct the passage of other vessels or voluntarily or carelessly sink or cause to be sunk any vessel in any navigable waterway or place any object whatever in any channel in such a manner as to obstruct navigation. Whenever a vessel is wrecked or sunk in a harbor, accidentally or otherwise, it shall be the duty of the owner thereof to immediately mark it by a buoy during the day and by a lighted lantern at night, and to maintain such markings until such vessel or obstruction is removed, and the neglect or failure of such owner to do so shall constitute a misdemeanor. The owner thereof shall immediately commence the removal of such vessel or obstruction and prosecute the removal diligently to completion and any failure to do so shall constitute an abandonment of such vessel; provided, however, that any such abandonment shall not relieve such owner of responsibility for removal. Whenever the navigation of any navigable water within the limits of a harbor shall be obstructed or endangered by any vessel or other obstruction, which has existed for a period longer than ten (10) days, or whenever the abandonment of a vessel or other obstruction can be legally established in a less space of time the vessel or other obstruction shall be subject to be removed, sold or otherwise disposed of by the Director or designee at his/her discretion without liability for any damage to the owners of the same. Said vessel or other obstruction shall, in any case, not be returned to its owner, nor shall the proceeds of any sale be distributed until all expenses necessarily incurred by the Director in performing the duties imposed herein have been paid. Said expenses shall include a charge for storage and/or removal at rates determined by resolution of the Board of Supervisors. Storage fees shall be charged for each day said vessel or other obstruction is stored by the Director.

(Ord. No. 99-21, § 1, 8-31-99)

No person shall anchor a vessel in a harbor area designated as temporary anchorage except as permitted by Federal statutes and regulations and in accordance with conditions established by resolution of the Board of Supervisors.

(Ord. No. 99-21, § 1, 8-31-99)

No person shall moor or tie any vessel of over eighteen (18) lineal feet of overall length or any vessel with a fixed keel or fixed underwater propulsion apparatus or gear to a shore mooring landward of the pierhead line established under section 2-2-3, and such vessels shall not be tied or moored to the shoreline except at such locations as may be designated by the Director for that purpose.

(Ord. No. 99-21, § 1, 8-31-99)

Whenever public safety requires, the Director may designate any area whether water or land as a closed area. Except for persons actually engaged in harbor improvement work or public officers in the performance of their duty, no person shall enter or remain within or drive or operate any vehicle, vessel or watercraft into or within any area which has been so designated as a closed area and which has been posted or marked with appropriate signs giving notice thereof.

(Ord. No. 99-21, § 1, 8-31-99)

Whenever the public safety requires, the Director may designate any area whether water or land as a limited use area. Designation of limited use areas by the Director shall state the uses that are permitted. Areas which have been designated as limited use areas shall be posted or marked with appropriate signs listing the uses that are permitted. No person shall engage in any use within a limited use area, which is not permitted. All other uses shall be prohibited.

(Ord. No. 99-21, § 1, 8-31-99)

No person, other than a public officer or employee in the performance of his/her official duty, shall climb into or upon any vessel moored, docked or anchored in a harbor, without the consent of the owner or other person having charge thereof.

(Ord. No. 99-21, § 1, 8-31-99)

No person shall willfully injure or tamper with, or break or remove any part of or from, any vessel in a harbor or tamper with the lines securing any such vessel, without the consent of the owner or other person having charge thereof, except as provided in section 2-2-63.

(Ord. No. 99-21, § 1, 8-31-99)

No person shall tamper with any mooring or anchorage in a harbor whether or not the same is occupied by a vessel.

(Ord. No. 99-21, § 1, 8-31-99)

Secs. 2-2-73—2-2-82. - Reserved.