Redwood City Municipal Code Ch. 44 Redwood City Harbor Administration

The ordinance codified in this chapter may be cited as the Redwood City Harbor Administration.

(Ord. No. 2225, § 1, 5-6-2002)

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

ABANDONED PROPERTY: Any hulk, derelict, wreck, or parts of any ship, boat, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition upon publicly owned submerged lands, salt marsh, or tidelands within the Harbor without the City's or the Port's consent expressed by resolution of its City Council or Board of Port Commissioners, respectively, for a period longer than thirty (30) days without a watchman or other person being maintained upon or near and in charge of the property.

ANCHORING: Using equipment carried on the boat to maintain position.

BOAT: Every type of watercraft, other than seaplane, aquaplane or water ski, upon which persons or property may be transported under or over the surface of the water, including but not limited to any boat, vessel, barge, jet ski, personal watercraft, raft, skiff, dinghy, rowboat, kayak, sailboat, sailing vessel, yacht, motorboat, motor vessel, launch, skip, float, deck or pontoon used solely for noncommercial recreational purposes.

CITY: The City of Redwood City, California.

HARBOR: That portion of the Port Area, as said term is defined in Section 50 of the Charter of the City of Redwood City, which includes Redwood Creek, Steinberger Creek, Boundary Slough and all waterways tributary thereto and situated within the City.

HARBORS AND NAVIGATION CODE: Refers to the California Harbors and Navigation Code, as amended from time to time.

IMPOUND: Refers to (1) an order by a police officer not to move a boat from its location, or (2) the removal and storage of a boat by a police officer to the City Police Department or other designated location.

MARINA: Refers to the municipal marina operated by the Port.

MOORING: Refers to making fast to a mooring buoy having a fixed permanent anchor.

PORT: The Port of Redwood City, established by the Charter of the City of Redwood City, California.

VESSEL: Every description of watercraft, other than a seaplane on the water or a floating home, used or capable of being used as a means of transportation on the water and required to be registered, excluding any commercial vessel, which has a valid marine document, issued by the United States or any agency thereof.

(Ord. No. 2225, § 1, 5-6-2002)

The City Manager shall appoint a representative of the City to carry out the terms of this chapter.

Notwithstanding any contrary provision contained in the Redwood City Municipal Code, no person shall cause the emission or transmission of any loud and raucous noise in the Harbor between 11:00 p.m. and 7:00 a.m. upon or from any waterways in the harbor or from any boat. "Loud and raucous" means: (1) any noise made by a boat not reasonably required in the operation thereof under the circumstances and shall include but not be limited to backfiring, and motor racing; (2) the human voice or any record or recording thereof when amplified by any device whether electrical or mechanical or otherwise to such an extent as to cause it to carry on to private property or to be heard by others using the waterways in the harbor; (3) any sound not included in the foregoing which is of such volume, intensity or carrying power as to tend to interfere with the peace and quiet of persons upon private property or other users of the waterways in the harbor.

(Ord. No. 2225, § 1, 5-6-2002)

Violation of the preceding section will be cause for removal of the violator's boat from the harbor. If any group or organization wishes to hold any function which may continue after 11:00 p.m., written request for approval therefore must be made to the Port. Upon approval of the request, the Port may extend the time.

A. The speed of any boat on all waterways west of marker 21 and all sloughs shall not exceed ten (10) miles per hour; provided, however, that the speed of any boat within two hundred (200) feet from any marina and/or any moored or anchored boat shall not exceed five (5) miles per hour; provided, however, that the Port may set designated times and places within the Harbor when boat races may be held at speeds in excess of the limitation set forth in this section;

B. This section shall be in addition to, and not in lieu of, Section 655.2 of the Harbors and Navigation Code, except for the penalties set forth in said Harbors and Navigation Code section.

(Ord. No. 2225, § 1, 5-6-2002)

The owner of any boat shall assume all risk of damage or loss to such boat and any and all other property of any kind belonging to such owner and within the limits of the harbor. Neither the City nor the Port assumes any risk on account of fire, theft, act of God, or damage of any kind to boats, other property, equipment, or persons.

(Ord. No. 2225, § 1, 5-6-2002)

No person shall throw, place or introduce, any garbage, oil, inflammable liquid, spirits, dead animal, putrefying matter, refuse or waste matter of any description (collectively, the "Pollutants"), into the waters of the harbor or along the shore thereof or upon any land within the harbor. In addition thereto, the City may remove such pollutants with or without notice and any costs of removing the same may be recovered by the City from the person violating this section.

(Ord. No. 2225, § 1, 5-6-2002)

Boat owners shall make provision to properly dispose of garbage, litter and other refuse in receptacles at designated locations.

(Ord. No. 2225, § 1, 5-6-2002)

Every boat entering the harbor shall immediately become subject to the order and direction of the City and all boats shall be anchored or moored in areas designated by the Port.

(Ord. No. 2225, § 1, 5-6-2002)

It shall be unlawful for any person to moor or anchor any boat in any part of the harbor for a period of more than twenty-four (24) consecutive hours, without first obtaining a permit to do so from the Port and having paid to the Port all applicable fees established pursuant to Section 44.22 of this chapter. The permit shall state the time of issuance and describe the general location where the boat may be moored or anchored. Any permit obtained pursuant to this ordinance shall be displayed on the boat at a location which is visible from outside the boat.

Any boat in violation of this section is subject to impound seventy-two (72) hours after either (1) the person in charge or control of the boat has received a written notice stating that any boat without a permit may be impounded seventy-two (72) hours after the delivery of the Impound Notice (the "Warning Impound Notice"); or (2) the boat has been posted with a Warning Impound Notice.

The Impound Notice shall provide that the owner of the boat will be liable for all towing and storage charges prior to the release of the boat to the owner.

(Ord. No. 2225, § 1, 5-6-2002)

Applications for mooring and anchoring permits shall be made in writing to the Port and shall be granted in the order of request.

(Ord. No. 2225, § 1, 5-6-2002)

Mooring and anchoring permits in the Harbor shall be granted by the Port on condition that the boats are to be used solely for noncommercial recreational purposes. Owners of boats used for any other purpose must receive special permission from the Board of Port Commissioners before mooring such boats in the harbor.

(Ord. No. 2225, § 1, 5-6-2002)

Payment of the applicable fees established pursuant to Section 44.22 of this chapter shall entitle the owner of a boat for which all mooring and anchoring fees have been paid to so moor and anchor subject to the terms and conditions pertaining thereto likewise established pursuant to Section 44.22.

(Ord. No. 2225, § 1, 5-6-2002)

Prior to departure from the harbor, boat owners shall report to the Port if a mooring is to be released, vacated or unoccupied for more than five (5) calendar days.

(Ord. No. 2225, § 1, 5-6-2002)

No wharf, pier, landing, bulkhead or any other structure of a permanent nature may be built or constructed in the harbor without written permission of the Board of Port Commissioners; nor shall any buoy, marker or obstruction of any kind, whether temporary or permanent, be placed in the harbor without written permission of the Port Manager except for such buoys, markers or obstructions that may be placed by or under direction of the City of Redwood City or the Port of Redwood City, the United States Coast Guard or the United States Corps of Engineers. Buoy marker or obstruction of any kind, whether temporary or permanent, placed in the harbor without authorization pursuant to this section may be removed by the City or the Port.

(Ord. No. 2225, § 1, 5-6-2002)

All boats moored or anchored in the Harbor shall be fitted with moorings or anchors in compliance with California laws, to the satisfaction of the Port, and shall be maintained at all times in such condition as to meet with the approval of the Port.

(Ord. No. 2225, § 1, 5-6-2002)

In the event any boat is not so maintained in the manner prescribed by the preceding section, the Port may, but is not obliged to, supply any equipment and service necessary to care for the boat in such manner as to prevent damage.

(Ord. No. 2225, § 1, 5-6-2002)

A charge for the supply of the necessary mooring equipment and service to maintain a boat in accordance with Section 44.17 shall be added to the mooring fees established pursuant to Section 44.22 of this chapter and shall be collected as a part of the mooring fee. Any equipment used or supplied by the Port to protect any boat is not returnable. The Port, at its discretion, may have such work performed by any qualified person or organization at a reasonable fee. The Port shall compensate such individual or organization which has performed the work and the amount thereof shall be added to the owner's mooring fees.

(Ord. No. 2225, § 1, 5-6-2002)

Upon payment of the applicable fee established pursuant to Section 44.22 of this chapter, boats may be launched from the Port launching ramp located in the marina; provided, however, that no boat shall be launched from a ramp if the boat exceeds thirty (30) feet in length or a gross weight of two (2) tons.

(Ord. No. 2225, § 1, 5-6-2002)

The mooring or anchoring fees provided in Section 44.22 of this chapter shall be due and payable in advance. Payment shall be made to the Port at its office or such place designated, from time to time, by the Port.

(Ord. No. 2225, § 1, 5-6-2002)

The owners of boats using any harbor facility or service shall pay the charges thereon established by resolution of the Board of Port Commissioners.

(Ord. No. 2225, § 1, 5-6-2002)

When the charges for mooring, anchorage or wharf storage, or any other proper charge on any boat, are delinquent for thirty (30) days or more, the City shall take possession of any such boat, and after due notice given by the City Manager, as required by law, and sell such boat at public auction.

(Ord. No. 2225, § 1, 5-6-2002)

The City may move any boat from the mooring for which the charges are delinquent and place it for safekeeping seventy-two (72) hours after either (1) the person in charge or control of the boat has received a written notice stating that any boat without a permit or with delinquent charges may be impounded seventy-two (72) hours after the delivery of the Impound Notice (the "Warning of Impound Notice"); or (2) the boat has been posted with a Warning Impound Notice.

The Warning of Impound Notice shall provide that the owner of the boat will be liable for all towing and storage charges prior to the release of the boat to the owner.

(Ord. No. 2225, § 1, 5-6-2002)

A. Except for urgent and immediate concern for the safety of those aboard a boat, no person shall abandon a vessel upon a public waterway or public or private property without the express or implied consent of the owner or person in lawful possession or control of the property;

B. The abandonment of any boat in a manner as provided in subdivision (A) is prima facie evidence that the last registered owner of record, not having notified the appropriate registration or documenting agency of any relinquishment of title or interest therein, is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vessel; wrecks and wrecked property and abandoned property shall be subject to and dealt with by the City Manager's designee according to Sections 522—534 of the Harbors and Navigation Code, as amended from time to time. In the event of a conflict between this Section and Section 525 of the Harbors and Navigation Code, as may be amended from time to time, the Harbors and Navigation Code shall prevail.

(Ord. No. 2225, § 1, 5-6-2002)

It shall be unlawful to move, remove, damage, mutilate or deface any sign or marker buoy within the Harbor.

(Ord. No. 2225, § 1, 5-6-2002)

A. Except as otherwise specifically set forth in this chapter, or in the Harbors and Navigation Code sections incorporated by reference in this chapter, whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense; or the doing of any act is required or the failure to do any act is declared to be unlawful, and such act is declared to be unlawful, and such act is declared to be an infraction, and where no specific penalty is provided therefore, the violation of any such provision of this chapter, shall be punished by:

1. A fine not exceeding one hundred dollars ($100.00) for a first violation;

2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision or of this chapter within one year;

3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision or of this chapter within one year.

B. Any person violating Section 44.4 of this chapter shall, upon conviction, be guilty of an infraction, and be punished by a fine of not to exceed two hundred fifty dollars ($250.00).

C. Any person violating Section 44.8 of this chapter shall, upon conviction, be punished by a fine not exceeding one thousand dollars ($1,000.00) or imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment, except that any person convicted of throwing, placing or introducing any oil into the waters of the harbor or along the shore thereof or upon any land within the Harbor shall also be liable civilly in an amount not exceeding six thousand dollars ($6,000) and, in addition, shall be liable to the City for actual damages, in addition to the reasonable costs actually incurred in abating or cleaning up the oil deposit in such waters.

D. Violation of Section 44.25 (A) of this chapter is an infraction and shall be punished by a fine of not less than five hundred dollars ($500.00), nor more than one thousand five hundred dollars ($1,500.00), as set forth in Section 525 of the Harbors and Navigation Code.

E. Every day any violation of any provision of this chapter of the City shall continue shall constitute a separate offense.

(Ord. No. 2225, § 1, 5-6-2002)

Guidelines for the implementation of this chapter shall be prepared and adopted by the Police Department of the City.

(Ord. No. 2225, § 1, 5-6-2002)