Richmond Municipal Code Ch. 5.16 Richmond Marina Bay

This chapter is enacted to provide for the rules, regulations and control of the Richmond Marina Complex as shown on Diagram 5.16.010.

In the event of conflicting provisions in Chapter 5.12 and this chapter, the provisions of this chapter shall prevail over the provisions of Chapter 5.12 to the extent of such conflict.

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

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

b. "Berth" means a vessel's berth between or along finger floats and headed by a walkway, or at the end of a walkway, as so designated by the marina manager.

c. "Berth length" means the distance from the edge of the walkway to the furthest projection of a finger float as measured from the center of two adjacent finger floats.

d. "Berth width" means the distance between two adjacent finger floats or, in the case of double berths, the width shall mean one-half the distance between two adjacent fingers. The width of a side tie shall be equal to the beam of the vessel.

e. "Business" includes all professions, trades, occupations and callings carried on for a profit or livelihood.

f. "California Boating Law" means those provisions of the Harbors and Navigation Code; Chapter 1, Article 3.1 of Title 13 and Division 4, Chapter 1 of Title 14 of the California Administrative Code pertaining to the operation and registration of vessels, and Sections 9840—9924 and 10550—10554 of the California Vehicle Code, and such other laws of similar import adopted from time to time.

g. "Council" means the Richmond city council.

h. "Diagram A" means the sketch shown in Section 5.16.010 of this chapter.

i. "Director" means the director of recreation and parks department of the city of Richmond.

j. "Finger float" means a floating structure connected to and extending from a walkway.

k. "House boat" means a floating nonmobile structure, barge, raft or boat which is attached to any land, building or premises by way of anchors, lines or other means, has facilities for sleeping and food preparation, is used or designed for use primarily as a place of habitation, and is not used primarily for transportation, recreation, pleasure or commercial purposes.

l. "Live aboard" means the use or occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding three days in any seven-day period.

m. "Major painting" means any painting other than "touching up" existing paint and particularly includes any painting wherein the old paint is scraped or otherwise removed.

n. "Major repairs" means any construction, repair or replacement of structural members or portions of any boat, including repairs to the engine, gears, driveshaft, propeller or other propulsion system, other than routine repairs and maintenance.

o. "Manager" means the city manager of the city of Richmond.

p. "Marina manager" means the marina manager of the city of Richmond or his/her duly authorized representative.

q. "Mooring" means affixing a vessel to any weight, chain, rope, floating object, structure or appliance used for the purpose of holding a vessel in a particular place. "Mooring" does not include affixing a vessel to an assigned berth in accordance with this chapter or anchoring with the vessel's anchor.

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r. "No wake speed" means a speed at which the wake of a vessel is such so as not to present a danger to other vessels, but in no event will exceed five miles per hour.

s. "Overall length of vessel" means the distance from the farthest bow projection to the farthest stern projection.

t. "Overhang" means that portion of a vessel's overall length that protrudes beyond the end of the finger floats or over the walkway.

u. "Person" means and includes an individual; a receiver; a trustee; a copartnership; joint venturers; a firm; an unincorporated association; a syndicate; a club; a trust; a private corporation; a public corporation; a municipal corporation; a county, state or national government; a municipal, county, state or federal agency, board or commission; whether acting for himself or itself, or in any representative capacity.

v. "Powerboat" means any vessel whose normal means of propulsion is by internal combustion, electric or mechanical engine, either inboard or outboard.

w. "Registered length of vessel" means the certified length of vessel as determined by measuring from end to end over the deck, excluding the sheer.

x. "Richmond Marina" means the marina area operated as a municipal boat berth and launch ramp facility on the north shore of Richmond Marina Bay as shown on Diagram A.

y. "Richmond Marina Bay" means the area known as the Inner Harbor Basin as delineated on Diagram A.

z. "Richmond Marina Complex" means the area shown on Diagram A.

aa. "Sailboat" means any vessel whose normal means of propulsion is by sail.

bb. "Side tie" means a place for a vessel to berth along one side of a walkway or finger float.

cc. "Unauthorized vessels" means any vessel operating, berthed or moored within Richmond Marina Bay without the permission of the marina manager, including, but not limited to, vessels operating between berths except when leaving or returning to their assigned berths.

dd. "Walkway" means a floating structure for use as a walkway for access to and from berths and when attached to finger floats shall form a berth.

a. The provisions of this chapter shall be administered and enforced by the director. The director, or his designated representative, shall perform the duties and responsibilities of the marina manager as set forth in this chapter. The marina manager shall have full authority to manage the Richmond Marina Complex in accordance with the provisions of this chapter, other laws of the city of Richmond, and applicable statutes of the state of California. The marina manager shall be responsible for the enforcement of the provisions of this chapter and any rules and regulations adopted pursuant to this chapter.

b. Every vessel within the Richmond Marina Complex shall immediately become subject to the orders and direction of the marina manager.

c. The marina manager shall have the authority to designate the area in which any vessel shall be berthed and may require any vessel to change its berth in the Richmond Marina. If a vessel does not change berths as instructed by the marina manager, it may be moved and towing charges assessed to the owner. No person shall leave a vessel on anchor in Richmond Marina Bay without the permission of the marina manager.

d. The marina manager shall have the right to refuse entry into Richmond Marina Bay of any vessel at his/her discretion which is derelict, needing major overhaul, or not in compliance with this chapter or the California Boating Laws.

e. Whenever any boat is in danger of being damaged, or damaging other boats or any marine facilities, the marina manager shall be empowered to take such action as in his discretion is necessary for the protection of other boats and such marine facilities.

f. The marina manager is authorized to execute on behalf of the city of Richmond all leases for berthing and mooring spaces within the Richmond Marina; provided, however, that all such leases shall be subject to the terms and conditions specified in this chapter in addition to the terms set forth in such leases.

g. The marina manager and his/her designated agents are designated as regular boating safety officers and while on duty shall act as such officer for the city.

h. Upon proper identification, the marina manager and his/her duly authorized agents are authorized and empowered to enter and inspect any pier, dock, vessel, walkway, finger or other structure within Richmond Marina Complex for the purpose of investigating a potential safety hazard and to take appropriate action to correct any situation which is found to be imminently dangerous. It shall be unlawful for any person to molest any such officer or agent or refuse to allow him/her to enter such premises.

a. All laws and regulations contained in the California Boating Law, as amended from time to time, are incorporated in this chapter as if set forth in full.

b. Marina Property. No persons shall willfully or carelessly destroy, damage, disturb, deface, or interfere with any vessel, buoy, float, emergency equipment or any other property within the Richmond Marina Complex.

c. Derelicts and Stray Vessels. All stray vessels, skiffs, rowboats, sunken or dilapidated vessels, or unattended vessels on unauthorized moorings or berths or other structures, timbers or floats found within Richmond Marina Bay, shall be immediately reported to the marina manager or Richmond police. The marina manager and the Richmond police shall be empowered to remove at the owner's expense vessels from Richmond Marina Bay as they deem appropriate. At the time the proper owner claims such property prior to disposition thereof, he shall pay all expenses incurred in connection therewith, including charges for raising, keeping and storing the same in accordance with the schedule for marina fees.

d. Unseaworthy Vessels. Any watercraft of any kind whatsoever which is determined by the marina manager as unseaworthy, and/or which might become a menace to navigation, shall not be permitted to berth or moor in Richmond Marina Bay. Watercraft in such condition are declared to be a public nuisance as defined in Section 370 of the California Penal Code, and shall be considered as stray vessels.

e. Vessels as Abodes. No person shall live aboard any vessel within or upon the waters of Richmond Marina Bay or bring a houseboat into Richmond Marina Bay without prior written permission of the marina manager.

f. Launching Vessels. No person shall launch or remove any vessel from the waters of Richmond Marina Bay over any public seawall, rock riprap, sidewalk or public property except at locations where a regular business of launching and hauling vessels is conducted which has the necessary equipment to do such work, or in areas designated and posted for such purpose by the marina manager.

g. Boarding Vessels Without Permission. No person shall climb into or upon any vessel, boat, yacht or other watercraft berthed, moored or anchored at any site or location situated within Richmond Marina Bay without the consent of the owner, his agent, or any other person having charge thereof unless to protect life and property, except a public officer or employee in the performance of his official duty.

h. Sale of Fish. No person shall bring into Richmond Marina Complex any fish, mollusks, or crustaceans, for the purpose of selling the same, without obtaining prior written permission from the marina manager.

i. Movement of Vessels. Movement of vessels within Richmond Marina Bay between rows of berths shall be for the purpose of entering or leaving a berth only. Any other movement of vessels between the berths shall be prohibited.

j. Soliciting and Advertising. No person shall solicit, sell, hawk or peddle any goods, wares, merchandise, liquids or edibles for human consumption, literature, erect signs, posters or other advertising media without first obtaining the permission of the marina manager.

k. Free Access. No person shall unlawfully obstruct the free access to and departure from any landing, pier, berth, float, launch ramp, or other facility within Richmond Marina Bay.

l. Crew and Guests. The owner of the vessel is legally responsible for the conduct of his/her crew and guests at all times. Unnecessary noise, including loud talking and the playing of musical instruments, is prohibited from ten p.m. to seven a.m.

m. Unauthorized Vehicles. No person shall operate bicycles, motor vehicles, except on governmental business, skateboards, rollerskates, or similar devices on any dock, float or walkway.

n. Speed. Every vessel operated within Richmond Marina Bay shall be done so at a no wake speed.

o. Swimming. No person shall swim, bathe, or wade in any portion of Richmond Marina Bay except in designated areas. This subsection shall not prevent an owner or his/her authorized representative from working on his/her vessel underwater within his/her berth.

p. Marine Events. No person shall start, terminate or conduct any regatta, parade, boat show or other marine event on or upon the waters of Richmond Marina Bay without first obtaining all necessary permits from the city of Richmond and obtaining the prior written permission of the marina manager.

q. The marina manager may, as required and in accordance with Sections 660 and 662 of the Harbors and Navigation Code, adopt additional written rules for the smooth and orderly operation of Richmond Marina Bay. Such additional rules will remain posted in a conspicuous place adjacent to the Richmond Marina at all times.

r. The parking lot adjacent to the launch ramp shall be reserved for motor vehicles carrying or towing boats or boat trailers.

a. Sanitation, Discharge of Refuse, Sewage or Waste Matter in Richmond Marina Complex. No person shall throw, discharge, deposit or leave any refuse, sewage, or waste matter of any description upon or into the waters of Richmond Marina Bay and no person shall discharge or deposit material of any kind on the banks, walls, sidewalks, piers, floats or shore of any water within the boundaries of Richmond Marina Complex. The marina manager may remove materials, garbage, refuse, timber or waste matter at his discretion. The reasonable expense of removing such material shall be paid by the party responsible for the deposit of same.

b. Fish. No person shall clean fish or cut bait or place or leave dead animals, fish, shellfish, bait or other putrefying matter on or along the seawalls, jetties, harbor structures, floats, piers or sidewalks of Richmond Marina Complex except at those places specifically designated.

c. Oil Spills. Each person shall notify the U.S. Coast Guard and the marina manager in the event any oil or other petroleum product enters the waters of Richmond Marina Bay.

a. Mooring. No person shall moor any vessel in Richmond Marina Bay without obtaining permission from the marina manager and paying the mooring fees set forth in the schedule discussed in Section 5.16.090.

b. Nonliability of City and Agency. Removal of any unauthorized vessel by the marina manager due to the vessel being in an unsafe or dangerous condition shall be without liability of the city of Richmond or the Richmond redevelopment agency, or the council or the officers, agents or employees thereof.

c. Making Fast. No person having charge of any vessel shall make the same fast to any finger float, walkway, pier or dock other than in his/her berth in the Richmond Marina without the consent of the marina manager. No person shall make fast any vessel to any other vessel already occupying any berth or tied alongside any pier, dock or walkway without first obtaining permission of the marina manager and the owner of such other vessel. This subsection does not apply to those berths designated by the marina manager as "guest docks."

d. Tying Up Vessels. Every vessel lying at any berth, side tie, pier, or dock in Richmond Marina Bay shall be fastened thereto with head and stern lines from bows and quarters in a safe manner. Fenders and bumpers other than those commercially designed for that purpose must be approved by the marina manager prior to installation or use.

e. Storage and Handling of Gasoline, Petroleum Products or Other Explosive Materials. No person shall handle, keep, use or sell gasoline, any liquid petroleum products or any explosive material, other than lubricating oils, on finger floats, piers, docks, or walkways, except at such places as may be especially designated therefor by the marina manager and with the approval of the Richmond fire department, under such regulations as they may require. Used lubricating oils shall be disposed of in such a manner as prescribed by the marina manager.

f. Obstructing Vessels. No person shall tie up, moor, or operate a vessel in Richmond Marina Bay in such a manner as will prevent or obstruct the passage of other vessels or voluntarily or carelessly sink any vessel, or float loose timbers, logs, or piles in such a manner as to obstruct, impede, or create a menace to navigation.

a. Dock Boxes, Boarding Platforms, Etc. No structure, including dock boxes, boarding platforms, etc., may be erected or placed upon any pier, float or walkway without approval of the marina manager.

b. Construction and Extensive Maintenance of Boat in Berth. No person shall make major repairs or engage in other than minor maintenance of boats except in authorized areas. The following activities are prohibited any place in Richmond Marina Complex:

1. Spray painting;

2. Construction on a boat resulting in debris creating a nuisance to other persons;

3. Construction activities on floats, piers or walkways that create a nuisance or block passageways.

c. Stowage of Dinghies, Skiffs and Gear. No person shall stow or maintain dinghies, skiffs, boxes, materials, boat equipment or other personal property on piers, docks, brows, or walkways.

d. Steps. Any steps used for access to a boat must not intrude into more than one-half the width of the finger to which the vessel is moored, and must be of lightweight construction and not used as a storage locker.

e. No person shall cause any mooring line, water hose, electrical cable or other service line to extend across a main walkway or cause any obstacles such as ladders, tools, canvas, or other materials or equipment to obstruct free passage along any walkway, finger float or gangway or create any hazardous condition which could cause accident or injury. No person shall leave or store on any walkway, finger float or gangway any rowboat, skiff, dory, dinghy, canoe or other craft.

f. No person shall place, erect, install or use any light fixtures in such manner as to constitute a hazard to operators of vessels in navigating during the hours of darkness.

g. No part of any vessel shall extend beyond the end of any berth or over the main walkway without the permission of the marina manager, including but not limited to boats with davits, booms, boomkin or bowsprit.

h. No person shall build, construct, erect, extend, or locate within, upon, or over the waters of Richmond Marina Bay, any float, pier, landing, wharf, open pile structure or device or structure of whatsoever kind or nature without first obtaining the approval of the marina manager and securing the necessary permits from the city of Richmond.

a. The director is authorized to adopt from time to time a schedule of marina fees ("schedule") establishing the rates for services, supplies, municipal berth rents, mooring rents, and associated fees pertaining to the Richmond Marina Complex. The schedule, as amended from time to time, shall be on file in the city clerk's office at all times and posted in a conspicuous place in the Richmond Marina Complex. The rates for any private marina areas in Richmond Marina Bay shall be established in coordination with the director.

b. No person shall berth any vessel at any berth within the Richmond Marina without an executed berth agreement and payment of all charges and fees to the marina manager. Such agreement, except an agreement for temporary storage of a vessel, shall include a declaration from the owner that the marina is the situs for his vessel for purposes of levying taxes on such vessel by the Contra Costa tax assessor, and every such owner will maintain insurance on said vessel as specified in the berth agreement.

c. Applications for berths in the Richmond Marina shall be made only upon forms furnished by the marina manager and shall be accompanied by a fee equal to one-half of one month's rent ("application fee") for such berth agreement. Said application fee shall not be refunded unless the applicant notifies the marina manager that his application is withdrawn prior to receipt of a notice from the marina manager that a vacancy exists. Upon written notification by the marina manager that a vacancy does exist, the applicant shall have ten days from the date of said notice to execute a berth agreement and to pay one month's berth rent and charges plus one-half of one month's rent as a security deposit, and submit evidence of insurance as required by such berth agreement.

d. The berthing of vessels in the Richmond Marina shall be subject to the direction and control of the marina manager, who shall determine the admissibility of vessels to the marina dependent on type, condition, size, availability of berthing space and compliance with this chapter.

e. The marina manager shall maintain, in a permanently bound ledger, waiting lists based on berth lengths, with names to be placed on such lists in the order of receipt of applications. Berth space shall be granted from the appropriate waiting lists in order as space becomes available; provided, however, that if a space becomes available and there are no names on the appropriate waiting list, the marina manager shall have discretion to offer such space to the top person on the next most appropriate waiting list.

f. Richmond Marina Bay and the boat berths in Richmond Marina shall not be used for any commercial activities, provided that certain marina-related commercial activities may be authorized by the marina manager upon proof that such activity will be beneficial to the area and that the applicant has obtained the necessary licenses and permits.

g. If a boat is owned by more than one individual at the time of berth assignment, the joint owners shall designate an agent to act on their behalf.

h. The tenant shall notify the marina manager if he/she intends to vacate the berth for a period in excess of seven days. The city retains the right to sublease said vacated berths for short durations. A portion of all charges received from such subleasing shall be credited to the permanent tenant.

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor. Conviction of such misdemeanor may result in a fine not exceeding five hundred dollars or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

If any article, section, subsection, subdivision, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have passed this chapter, and each article, section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional.

(Source: Ordinance No. 26-80 N.S.)