Point Arena Municipal Code Ch. 12.25 Arena Cove Fishing Pier and Boat Launching Facility

This chapter shall be known and may be cited as the "Arena Cove Fishing Pier and Boat Launching Facility Ordinance."

(Ord. 125 § 1.01, 1987.)

The following words and phrases shall have the meaning ascribed to them by this section:

"City authority"

means the city council, pier supervisor or pier supervisor assistant.

"Commercial fishing vessel"

means any vessel currently registered with the California Department of Fish and Game used to obtain fish or other seafood for profit or monetary consideration.

"Day"

means any 24-hour period of time.

"Docking area"

means that portion of the pier to which vessels are normally secured including, but not limited to, any float or the service or fuel dock area.

"Emergency"

means a situation which poses an imminent danger to persons or property.

"Float"

means any wharf, pier, dock, quay, landing or floating platform used or normally used for securing a vessel.

"Pier/jurisdiction"

means the pier and all auxiliary land and facilities owned and operated by the city of Point Arena, Arena Cove, and the waterways immediately adjacent thereto.

"Pier supervisor"

means the person designated by the city to be responsible for the operation and maintenance of the Arena Cove Pier.

"Pollutant"

means any substance that may cause harm to persons or property, including but not limited to any substance identified as a pollutant by state or federal water pollution, air pollution or hazardous waste laws.

"Public fishing area"

means any area posted and designated as such by the city.

"Refuse"

means human or animal waste, fish part, bilge water, garbage, or other matter so designated by the city.

"Residence"

means a vessel used as a sleeping accommodation for more than three days in any seven-day period.

"Vehicle"

means any machine or equipment used for transportation upon the land including, but not limited to, any automobile, truck, recreational vehicle, bicycle, motorcycle or motor-driven cycle.

"Vessel"

means every type of watercraft used or normally used for transportation on the water.

(Ord. 125 § 1.02, 1987.)

(1) The pier supervisor shall have full authority to enforce this chapter and any rules and regulations affecting the pier. His powers and duties include, but are not limited to:

(a) Managing the operations of the pier facility, including executing berthing permits, approvals and agreements and assigning berths;

(b) Posting or restricting areas of the pier for certain uses;

(c) Boarding and moving, or ordering the owner or person in charge of any vessel to move, any vessel to another position as the pier supervisor determines necessary:

(i) To prevent harm to persons or property including, but not limited to, when necessary to reduce risks due to fire, sinking, breakaway or collision; or

(ii) For the safe and orderly operation of the pier, including, but not limited to, where necessary because of space limitations or traffic conditions;

(d) Issuing citations for violations of any provision of this chapter or any rule or regulation implementing this chapter.

(2) Whenever a power is granted to, or a duty imposed upon, the pier authority, that power may be exercised or the duty may be performed by any person so designated by the pier authority or by any person authorized by the Point Arena city council.

(3) The pier supervisor and any assistants specifically designated by the pier authority are hereby charged with the responsibility for enforcing this chapter.

(4) The city of Point Arena may, by resolution, designate the pier supervisor and any assistants to be regular harbor policemen within the meaning of Section 663.5 of the Harbors and Navigation Code. Any person so designated is hereby charged with the responsibility for enforcing both this chapter and all applicable provisions of the Harbors and Navigation Code in the pier area and may issue citations for violation of applicable provisions of the Harbors and Navigation Code.

(Ord. 125 § 1.03, 1987.)

(1) This chapter is not intended to be the exclusive means of regulating activity at the pier. Persons using the pier are subject to all other applicable local, state and federal laws.

(2) Any person violating any provision of this chapter or any rules or regulations implementing this chapter shall be guilty of an infraction and subject to punishment by:

(a) A fine not exceeding $100.00 for a first violation; or

(b) A fine not exceeding $200.00 for a second violation of this chapter within one year; or

(c) A fine not exceeding $500.00 for each additional violation of this chapter within one year; or

(d) Such greater fine as may be authorized by state law.

(3) Every day any violation of this chapter shall continue constitutes a separate and distinct offense.

(Ord. 125 § 1.04, 1987.)

A vessel owner or any person in charge of a vessel shall pay the city for:

(1) All berthing fees, dockage services, rents and other charges;

(2) All reasonable expenses incurred by city in attempts to secure or protect vessels or their contents from harm;

(3) All damage to city property caused by such owner or person;

(4) All costs of raising, moving, impounding and storing any vessel or vehicle.

(Ord. 125 § 1.05, 1987.)

No person shall use a vessel moored or berthed within the pier area as a residence except as specifically authorized by the city authority, in writing, pursuant to subsections (1) and (2) of this section:

(1) No person other than a vessel owner, a person in charge of a vessel, or person at the pier at the invitation of a vessel owner or person in charge of a vessel shall be in the docking area other than during authorized pier hours and except as authorized by the city authority.

(2) Amplified music, loud radios, shouting and any other noise which is not essential to the permitted use or any vessel is prohibited between the hours of 11:00 p.m. and 5:00 a.m.

(Ord. 125 § 1.06, 1987.)

No person under the age of 16 years shall go, remain or be upon any of the gangways, floats or vessels on the pier unless such person is accompanied by an adult, or has the written permission of the owner or person in charge of any vessel located at the pier to go upon a vessel, except as authorized by the pier supervisor.

(Ord. 125 § 1.07, 1987.)

(1) No person shall throw, discharge or deposit from any vessel, or from any part of the pier, any refuse or pollutant of any kind whatsoever into or upon the waters within the pier area, or in, or upon any of the pier facility area.

(2) Leashed dogs are allowed on the municipal pier and the person in control of the dog must clean up after the dog. Unleashed dogs are prohibited.

(3) No person shall make or use any bonfire or open fire for burning of refuse or for any other purpose.

(4) No person shall drive, operate, or permit to be driven or operated any motor vehicle, trailer, fork-lift, semi-trailer, or vessel in any manner that shall result in the discharge of gasoline, oil, hydraulic fluid or other pollutant from such vehicle or equipment onto the pier.

(Ord. 125 § 1.08, 1987; Ord. 186, 2004.)

(1) No person shall operate any vessel:

(a) Within the jurisdiction of the pier facility in excess of five miles per hour; or

(b) In any area within the pier facility, including between the piers and docking areas, so as to create any water movement which may pose a hazard to persons or property.

(2) Gasoline, diesel oil, bulk lubricating oils and related petroleum products shall be handled only in areas within the pier facility posted by the city authority for such use and only by persons so authorized in writing by the city authority.

(3) No person shall fish from any portion of the pier unless such area is posted by the city authority for fishing.

(4) No charters and vessels carrying passengers for hire shall be conducted at the pier except under special permit of the city, upon payment of such rates as may be adopted by the city council and upon compliance with any other applicable state or federal laws.

(5) No brokers, peddlers, agents or solicitors shall be permitted at the pier except upon the prior written consent of the city council.

(6) No person shall launch or retrieve any vessel except within areas of the pier posted by the city authority for such launching or retrieval.

(7) No person shall use kayaks, sailboards, canoes, rubber inner tubes, foot-propelled water crafts, vessels powered solely by sail, jet skis and any nonself-propelled water craft in the pier jurisdiction.

(8) No person shall possess any loaded weapon within the pier facility. This prohibition does not apply to a law enforcement officer in the performance of official duties. The pier is hereby designated a prohibited area within the meaning of California Penal Code Section 12031.

(9) No person shall allow any nets, reels, crab pots or other equipment to remain in any area of the pier facility except as authorized by the city authority.

(10) No person shall use or operate a "skateboard" on the pier or parking areas or any area under jurisdiction of the pier facility.

(11) The city authority may prohibit use of some areas of the pier by conspicuously posting signs authorizing or restricting certain uses. No person shall use any area of the pier in violation of any signs posted by the city authority.

(Ord. 125 § 1.09, 1987; Ord. 148, 1992; Ord. 153, 1993.)

(1) No person shall willfully or negligently injure, break, remove or tamper with any part of the vessel of another.

(2) No person shall go upon the vessel of another without the consent of the owner or person in charge of the vessel.

(3) No person shall willfully or negligently destroy, damage, disturb, debase or interfere with any buoy, float, piling, sign, notice or other property within the pier facility.

(Ord. 125 § 1.10, 1987.)

(1) No person shall, within the boundaries of the pier facility, make major repairs or service any vessel or vehicle except upon prior written authorization of the city authority.

(2) Exterior power-spraying is prohibited at the pier facility.

(3) No vessel owner or person in charge of any vessel shall allow walkways and fingers to be obstructed in any manner except by a landing step as hereinafter provided. Landing steps must be floatable, may not be used for storage and shall not be more than one-half the width of the finger. Landing steps shall be kept on board the vessel when not in use.

(4) Maximum length and width of vessel, including drag doors, crab block, bowsprits, outboard motors, fishing outriggers, or other extensions, shall not exceed the limits authorized by city authority.

(5) No person shall attach any tire, rope, canvas or other material to fingers, piers, docks, piles or any part of the pier or pier facility without the written approval of the city authority. Dock lockers or similar dock storage are prohibited. Only floatable fenders are permitted within the pier facility.

(6) No person shall build or extend any float, bulkhead or seawall, or structure of any kind whatsoever, for any purpose.

(7) No person shall display a "For Sale" sign in excess of 150 square inches on the face.

(8) No person shall use welding or burning equipment with the pier area unless the city authority is notified of the nature and except of the proposed work, the workman or company doing the work and the date and time the work shall be performed prior to start of the work and whenever practical at least 24 hours before the work is performed.

(9) No person shall berth or anchor a vessel to the pier unless it is secured by mooring lines of sufficient number, strength and size to ensure the vessel remains securely moored under all conditions.

(10) Diver maintenance of a vessel is prohibited unless:

(a) The city authority is notified in advance of such diving to the extent practicable;

(b) A person other than the diver is attending the vessel during the dive; and

(c) Diving complies with the provisions of Chapter 1, Division 4, Title 14 of the California Administrative Code.

(Ord. 125 § 1.11, 1987.)

All vehicular and pedestrian traffic at the pier facility shall be subject to the provisions of the California Vehicle Code and to the following conditions:

(1) No vehicle, vessel or trailer shall be parked in such a manner that it obstructs access to any portion of or interferes with use of the pier.

(2) No vehicle or trailer shall be occupied overnight.

(3) No vehicle, vessel or trailer shall be left overnight or stored in the parking area except with the written permission of the city authority.

(4) No vehicle shall be permitted on the pier or float except while being manually transported to or from a vessel occupying a berth.

(5) Vehicles parked in violation of this section or of any rule or regulations implementing this chapter may be towed at owner's expense.

(6)

(a) The city council finds and declares that a potential health hazard is created by virtue of commercial activities, including truck loading and unloading, occurring on city property at the city pier parking lot. The potential result of said activities are hindrance of public access and incidental discharge of materials onto the parking lot. The city finds that in order to eliminate these potential hazards only the city or a contractee designated by the city shall be allowed to engage in commercial activities on city property in the Arena Cove area and only in areas so designated by the city. The city further finds that in order to maintain public coastal access, the portion of the city property in the Arena Cove area designated for commercial activities shall not exceed 20 percent of the total.

(b) No commercial activities shall be allowed on city of Point Arena property in the Arena Cove area unless they are managed by the city or a contractee charged with such contract. The violation provided for in this section is declared to be an infraction and is punishable by a fine not exceeding $100.00.

(Ord. 125 § 1.12, 1987; Ord. 159, 1996.)

The city council shall establish, by resolution, rates for services, rents, fees and such other charges as may be necessary for the orderly operation of the pier facility.

(Ord. 125 § 1.13, 1987.)

(1) No person shall berth, moor or anchor a vessel except as authorized by a berthing permit, berthing agreement or mooring permit or other written approval of the city authority. The city authority may move or secure, or order moved or secured, any vessel as authorized by PAMC 12.25.030(1)(c).

(2) No person shall berth, moor or anchor a vessel at the pier facility if it is determined by the city authority to be unseaworthy, improperly maintained or in any other manner determined to pose a hazard to persons or property.

(3) No person shall bring a vessel into the pier facility unless it is currently registered, numbered or documented, if required by state and federal law.

(4) No person shall sublet a berth or mooring.

(Ord. 125 § 1.14, 1987.)

The city council may, by resolution, adopt such additional rules and regulations as it determines are necessary to operate and manage the pier facility. Such additional rules and regulations may provide for additional time of day, pollution control, use and area, operation and maintenance, or berthing or mooring restrictions. All such rules and regulations shall be conspicuously posted in a location convenient to pier users. Copies of rules and regulations shall be available at the pier office. No person shall use any portion of the pier facility except as authorized by such rules and regulations. Any violation of a posted and adopted regulation is a violation of this chapter.

(Ord. 125 § 1.15, 1987.)

This chapter is not intended, and shall not be construed, to apply to any substance or activity which is regulated by federal or state law, to the extent that application of this chapter would conflict with such law or would unduly interfere with the achievement of federal or state regulatory objectives. It is the intention of the city council that this chapter shall be interpreted to be compatible with federal and state enactments, and in furtherance of the public purposes which those enactments express.

(Ord. 125 § 1.16, 1987.)