Division 3 — REGULATION OF CONDUCT

SEC. 7-220. UNAUTHORIZED BOARDING OR TAMPERING WITH VESSELS.

No person shall board a vessel moored in the inland waterway, or damage, remove or tamper with any part thereof, without the consent of the owner.

(`64 Code, Sec. 18.1-13) (Ord. No. 2484)

SEC. 7-221. COMMERCIAL ACTIVITY; MOORAGE OF COMMERCIAL VESSEL; DOCK RENTAL.

(A) Commercial activities - No person shall advertise or conduct any commercial activities in any residential zone in or adjacent to the inland waterway. This prohibition includes residences, lots, ramps and docks adjacent to the land.

(B) Moorage of commercial vessels -

(1) Except for vessels making temporary service calls, no vessel used for commercial activities or a vessel being prepared for commercial activities shall be moored

in the inland waterway unless a limited commercial moorage permit is obtained from the city manager.

(2) A commercially licensed or registered vessel is prima facie evidence that the vessel is used for commercial activities.

(C) Dock rentals - The rental of a dock space or moorage for more than one vessel for each residence or lot is deemed to constitute commercial activity and is not permitted in the inland waterway.

(`64 Code, Sec. 18.1-14) (Ord. No. 2484)

SEC. 7-222. LIMITED COMMERCIAL MOORAGE PERMIT.

(A) A limited commercial moorage permit may be obtained from the city manager. The permit authorizes a commercially registered vessel to moor in the residential zones of the inland waterway, provided that the owner or one of the owners who has at least 51 percent interest in the vessel, is a resident of the dwelling unit associated with or adjacent to the mooring.

(B) The limited permit shall not be issued by the city manager if any of the following activities are then occurring and may be rescinded by the manager if any of the following activities occur after permit issuance:

(1) Frequent or extensive repairs are made to the engine, equipment, gear or fishing paraphernalia of a vessel indicating that the vessel is being used for

substantial commercial activities;

(2) A generator or other auxiliary motor is operated between 9:00 p.m. and 7:00 a.m. or for more than two hours between the hours of 7:00 a.m. to 9:00 p.m.;

(3) Excessive noise arises from the operation of the vessel's engines or from any other activity on or close to the vessel which interferes with the quiet enjoyment of

residents in the area;

(4) Any person lives on board or stays overnight on the vessel;

(5) The vessel is used for transporting persons, equipment or supplies to oil platforms; or

(6) The vessel is used for commercial activities more than 12 days, or portions of a day, during any 12-month period.

(`64 Code, Sec. 18.1-15) (Ord. No. 2484)

SEC. 7-223. DOCKING PERMIT REQUIRED; ISSUANCE; PROHIBITED ACTIVITIES.

(A) Docking permit required - No vessel shall be docked adjacent to a vacant lot within the inland waterway unless a valid docking permit is obtained from the city manager.

(B) Issuance of docking permit - Upon receipt of an application for a docking permit, the city manager shall issue the docking permit if the provisions of subsection (C) of this section are satisfied.

(C) Purpose of docking permit - The purpose of the docking permit is to allow a vessel to be docked adjacent to a vacant lot without jeopardizing the single-family residential nature of the inland waterway. The following standards shall apply to the issuance and continued validity of a docking permit:

(1) No vessel over 50 feet in length shall be eligible for a docking permit.

(2) A docking permit will only be issued:

(a) To the owner of a vacant lot; or

(b) To anyone having the written permission of such an owner to dock a vessel adjacent to the vacant lot.

(3) A docking permit may only confer benefits to the individual permittee. The docking permit is not a covenant running with the land and shall not be construed to confer any benefits to heirs, successors or assigns of the permittee.

(D) Prohibited activities - The following activities are prohibited in connection with the docking of a vessel adjacent to a vacant lot in the inland waterway:

(1) Performing major alterations, repairs or maintenance on a vessel, or its engines, or equipment;

(2) Creating excessive noise, whether by operation of a vessel's engines or from any other activity on or close to the vessel or lot;

(3) Storing engine parts, equipment, material, or any other paraphernalia, on the dock;

(4) Modifying the dock or lot;

(5) Parking automobiles, trucks, trailers, or other vehicles or storing anything whatsoever, on the adjacent vacant lot;

(6) Using the adjacent vacant lot in any way not expressly authorized by the zoning ordinance; or

(7) Creating a nuisance or causing any of the following to occur in an offensive or objectionable manner and to a greater extent than is customary in a residential

area:

(a) Noise;

(b) Lights;

(c) Vibrations;

(d) Smoke;

(e) Odor;

(f) Glare;

(g) Dust or dirt;

(h) Electrical interference;

(i) Pedestrian traffic;

(j) Vehicular traffic; or

(k) Television or radio interference.

(`64 Code, Sec. 18.1-16) (Ord. No. 2484)

SEC. 7-224. REVOCATION OF PERMITS.

Any violation of this chapter shall be cause for revocation of any permit by the city manager after the permittee has an opportunity for a hearing.

(`64 Code, Sec. 18.1-17) (Ord. No. 2484)

SEC. 7-225. REQUEST FOR PUBLIC HEARING.

(A) A request for hearing shall be filed with the city clerk. Upon receiving a request for hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly schedule and conduct a hearing.

(B) The hearing officer shall mail the notice of the hearing at least ten days before the hearing to interested persons.

(C) If a timely request for hearing is not received the city manager shall have the authority to revoke the permit without holding a public hearing.

(`64 Code, Sec. 18.1-18) (Ord. No. 2484)

SEC. 7-226. HEARING PROCEDURES.

(A) All hearings shall be open to the public.

(B) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 18.1-19) (Ord. No. 2484)

SEC. 7-227. DECISION.

(A) Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to interested persons a written decision containing a statement of the reasons on which the decision is based.

(B) The hearing officer shall serve a copy of such decision on the manager. The decision of the hearing officer shall be final and shall exhaust available administrative remedies.

(`64 Code, Sec. 18.1-20) (Ord. No. 2484)

SEC. 7-228. JUDICIAL ACTION.

Any person may seek judicial review of the decision of the hearing officer within the time and in the manner provided by the Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 18.1-21) (Ord. No. 2484)

SEC. 7-229. FISHING RESTRICTED.

No person shall fish, cast, or permit fishing gear to extend within the navigational course of the inland waterway.

(`64 Code, Sec. 18.1-22) (Ord. No. 2484)

SEC. 7-230. CONSTRUCTION OF FLOATS AND STRUCTURES; DREDGING.

No person shall build or alter a float, a sea wall or a structure of any kind, within the inland waterway without obtaining a permit from the manager for the design, location, and construction thereof, nor shall any person excavate or dredge, within the inland waterway without first obtaining a permit for the purpose from the city manager.

(`64 Code, Sec. 18.1-23) (Ord. No. 2484)

SEC. 7-231. STORAGE ON FLOATS AND SEAWALLS.

No person shall store on a float or seawall any lumber, junk, trash, salvage materials or debris, or abandoned, discarded, or unused furniture, stoves, sinks, toilets, cabinets, or other household fixtures or equipment. For the purpose of this section, the term “debris” shall include unused or discarded matter and material having no substantial market value, including (without limitation or exclusion by enumeration) such matter and material as: rubbish, refuse, and matter of any kind including but not limited to rubble, asphalt, concrete, plaster, tile, rocks, bricks, soil, building materials, crates, cartons, containers, boxes, machinery or parts thereof, scrap metal and other pieces of metal, ferrous or nonferrous, furniture or parts thereof, abandoned, wrecked, dismantled or inoperative vehicles, or parts thereof, trimmings from plants or trees, cans, bottles, and barrels.

(`64 Code, Sec. 18.1-25) (Ord. No. 2484)

SEC. 7-232. PROHIBITED ACTIVITIES.

The following activities are prohibited in connection with the docking of a vessel adjacent to a developed lot in the inland waterway:

(A) Performing major alterations, repairs or maintenance on a vessel, or its engines, or equipment;

(B) Creating excessive noise, whether by operation of a vessel's engines or from any other activity on or close to the vessel or lot;

(C) Storing engine parts, equipment, material, or any other paraphernalia, on the dock;

(D) Creating a nuisance or causing any of the following to occur in an offensive or objectionable manner and to a greater extent than is customary in a residential area:

(1) Noise;

(2) Lights;

(3) Vibrations;

(4) Smoke;

(5) Odor;

(6) Glare;

(7) Dust or dirt;

(8) Electrical interference; or

(9) Television or radio interference.

(`64 Code, Sec. 18.1-25) (Ord. No. 2484)

SEC. 7-233. PERMIT FEES.

The fees for any permit required by this article shall be established by resolution of the city council.

(`64 Code, Sec. 18.1-26) (Ord. No. 2484)