Richmond Municipal Code Ch. 5.08 Anchoring and Mooring

This chapter is enacted to provide the rules, regulations and control of anchoring and mooring of vessels and structures within the area shown on Exhibit A attached to the ordinance codified in this chapter.

As used in this chapter, the following words have the following meanings:

(a) "Anchoring" means the attachment of a vessel to the bottom or the shore using equipment, lines, rope, chain or cable which is carried onboard the vessel as regular equipment when underway.

(b) "Anchorage area" means any portion of the harbor which has been designated by the city for the anchoring of vessels.

(c) "Harbor" means the anchorage and nonanchorage areas as designated in 33 Code of Federal Regulations and as further shown on Exhibit A attached to the ordinance codified in this chapter.

(d) "Harbor Officer" means the Chief of Police of the city or the designee of such Chief of Police.

(e) "Houseboat" means a structure in the water, floating or not floating, used for an extended period of time for private residential use and generally not used for recreational or active navigational use.

(f) "Live-aboard" means a vessel having capability for active self-propelled navigation moored for an extended period of time and used continuously during that time for private residential use and used on some occasions for recreational or commercial purposes.

(g) "Moored for an extended period of time" means located for 72 hours or more in one place.

(h) "Mooring" means a way of fixing a floating vessel to the bottom in one location, temporarily or permanently, by use of cable, lines, chains or other equipment remaining attached to the bottom and not carried about such vessel as regular equipment when underway.

(i) "Nonanchorage area" means any portion of the harbor which has been designated by the city as an area where vessels may not anchor but where mooring of vessels may be allowed pursuant to Section 5.08.060.

(j) "Person" means any person, firm, association, organization, partnership, business trust, corporation or company.

(k) "Vessel" means a structure designed to be navigable upon water.

Provisions of this chapter and any rules and regulations adopted pursuant to it shall be applicable and shall govern the harbor as defined above and described in Exhibit A, which is attached to the ordinance codified in this chapter and by this reference incorporated in this chapter.

The provisions of this chapter shall have no application to vessels operated by the United states of America, the state of California, or any governmental entity or its agencies or instrumentalities. Further, this chapter shall have no application to any vessel in an emergency situation as determined at the sole discretion of the Harbor Officer.

(a) Whenever a power is granted to or duly imposed upon the Harbor Officer, the power may be exercised or the duty may be performed by a deputy or assistant of the Harbor Officer or by a person authorized pursuant to law by the city unless the ordinance expressly provides otherwise.

(b) The Harbor Officer, acting under the orders and jurisdiction of the city or its designated representative, shall have full authority in the enforcement of all ordinances and regulations affecting the harbor.

(c) The Harbor Officer shall provide information for users of the harbor on the use of mooring, dinghy landings and shore access and shall use any authorized VHF channels to provide information to and assist vessels desiring to use the harbor.

(d) The Harbor Officer shall maintain a current file of information, with the assistance of marina operators and owners, of the transient berths and marina services which may be available and provide this information upon request.

(a) Any vessel may anchor temporarily for a period of less than 72 hours in the anchorage area without a permit. The Harbor Officer may require vessels to relocate within the anchorage.

(b) Any person anchoring a vessel for more than 72 hours shall obtain an anchoring permit from the Harbor Officer.

(c) Owners of private moorings which were authorized prior to the adoption of the ordinance codified in this chapter, who can present to the Harbor Officer evidence of ownership of the submerged land underlying the moorings or of authorization from the owner or trustee for placement of the moorings, shall not be required to obtain permits but shall register the moorings with the Harbor Officer.

(d) Any person desiring to install a mooring in the waters of the harbor after the adoption of the ordinance codified in this chapter or to validate a previously existing mooring which does not meet the requirements of Section 5.08.060(c) must secure a permit from the Harbor Officer in addition to any permits required from other government agencies. A person applying for a mooring permit shall present evidence of ownership or permission of the owner of the submerged land on which the mooring is to be placed.

(e) Private moorings shall be used only by the owner or with the owner's permission.

(f) (1)

The Harbor Officer may deny or revoke a mooring permit or cancel the registration of a mooring which preexisted the adoption of the ordinance codified in this chapter if the Harbor Officer finds that the mooring contributes to traffic congestion, causes dangerous crowding of vessels, contributes to risk of fire, sinking, breakaway or collision damage or if removal of the mooring is necessary to aid in enforcement of any provision of this chapter.

(2) If the Harbor Officer finds that removal of a mooring is necessary to relieve crowding of vessels, the Harbor Officer shall give preference to moorings which were authorized prior to adoption of the ordinance codified in this chapter or which have had permits for the longest period of time.

(3) If the Harbor Officer finds it necessary to invoke Section 5.08.060(f)(1), the Harbor Officer shall send the permittee a written notice at the address appearing on the application or registration. The notice shall state the reason for the notice and shall state that the permittee must correct the condition for which the notice was issued or remove the mooring within fifteen (15) days of issuance of the notice. If the owner does not correct the condition or remove the mooring, the Harbor Officer may remove it. The cost of removal shall be borne by the owner of the mooring.

(4) An owner of a mooring who takes exception to the determination of the Harbor Officer as stated in the notice may file a written appeal of the Harbor Officer's decision to the City Council of the city within fifteen (15) days of issuance of the notice. The decision of the City Council shall be final.

(g) When a mooring is sold or transferred, the new owner shall make application to the Harbor Officer for a new mooring permit before being permitted to use the mooring. A new mooring installation permit will be issued upon payment of a transfer fee in addition to the mooring installation fee and presentation of evidence of sale or transfer. No transfer shall be permitted unless all past due fees are paid.

Living aboard a houseboat or vessel anchored or moored offshore for more than 72 hours in the anchorage or nonanchorage areas of the harbor is prohibited. With the permission of and at the discretion of the Harbor Officer, transient vessels may be permitted to anchor or moor for more than 72 hours in locations designated by the Harbor Officer, provided that the Harbor Officer determines that no permanent residential use is intended and that there are no available berths suitable for the vessel in any marina in the harbor.

(a) Fees for anchoring or mooring a vessel in any part of the harbor shall be established by the city by resolution after a public hearing before the City Council. All fees shall be reasonable so that persons of varying financial means may enjoy the use of the harbor.

(b) The city shall provide the mode and procedure for collecting all mooring and anchoring fees and the identification by tag or plate of all vessels upon which fees are currently paid if such identification will aid enforcement and collection.

(c) When the owner of any mooring is delinquent in payment of fees for fifteen (15) days or more, the Harbor Officer may cancel the permit upon sending written notice to the permittee by certified mail to the address shown on the permit. If the mooring is not removed by the owner within fifteen (15) days after cancellation of the permit, it shall be deemed abandoned and may be removed by the Harbor Officer. The cost of any such removal shall be borne by the owner of the mooring.

(a) Within the limits of the anchorage areas, no vessel shall exceed a speed limit of five (5) miles per hour. Within the harbor, due caution must be observed at all times. No person shall operate a vessel within a harbor in a reckless or negligent manner, nor shall any person operate any vessel at a speed which will endanger life, limb, property or wildlife.

(b) No person shall operate a vessel within the harbor at a speed in excess of five (5) miles per hour under any authority:

(1) Within two hundred (200) feet of any person who is swimming or bathing or sailboarding or rowing a boat; or

(2) Within two hundred (200) feet of any

(i) Beach frequented with bathers;

(ii) Swimming float, diving platform or lifeline; or

(iii) Dock, way or landing float to which vessels are made fast or which is used for the embarkation or discharge of passengers.

It shall be a violation of this chapter to discharge or permit to discharge into the waters of the harbor any refuse, untreated sewage, petroleum or petroleum matter, paint, varnish or any other noxious chemical or foreign matter of any kind.

Any person violating any of the provisions of this chapter shall be guilty of an infraction and, upon conviction, shall be subject to the penalties set forth in Section 1.04.100.

Any violation of this chapter is declared to be a nuisance. In addition to any other relief provided by this chapter, the City Attorney for the city or the designee of said City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this chapter. Such application for relief may include seeking a temporary restraining order, preliminary injunction and permanent injunction.

(Source: Ordinance No. 1751 amended by Ordinance No. 14-88 N.S.)