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Division 1 — Old Town – Old Town San Diego Planned District Ordinance 1516.0101

San Diego Municipal Code § 63.25 Mission Bay Regulations — Power to Designate Officials

San Diego Municipal Code · 2026-09 edition · updated 2026-10-04 · San Diego

Cite as: San Diego Municipal Code § 63.25 · Text as of 2026-10-04

Whenever a power is granted to, or a duty is imposed upon the Park and Recreation Director, the power may be exercised, or the duty may be performed by the Director or by the individual or individuals whom he or she may designate for the enforcement of these regulations. (Amended 5–31–1994 by O–18073 N.S.)

§63.25.1 Same — Definitions

“Commercial Vessel” includes any vessel which is licensed as a commercial vessel, is offered or used for charter parties, for hire, or for any commercial purpose whatever or for the use or enjoyment of which a fee is exacted by the owner or person in control thereof, during the calendar year in which the use or event occurred as above described; provided, however that the Director or designee may change such classification if the Director has good cause to believe that the vessel is to be used in the future for purely recreational purposes.

“Designated Anchorage Areas” includes the areas more particularly described in
Sections 63.25.14 and 63.25.15 or established pursuant to Sections 63.25.2 and
63.25.3 and shall include every mooring, pier, float, wharf, dock, or landing within
such areas and the shoreline thereof together with the approaches thereto.

“Float” includes wharf, pier, quay, or landing.

“Land of Mission Bay” excludes wetlands and marshes for purposes of calculating or
determining the total dedicated land area of Mission Bay that may be leased under
Section 55.1 of the City Charter.

“Mission Bay Park” includes all waters of Mission Bay together with channels of
ingress and egress and all beaches and City–owned land fronting on said waters.
Mission Bay and the waters of Mission Bay for purposes of Chapter 6, Article 3, are
defined to be all water areas within the limits of Mission Bay Park.

“Mooring” includes any weight, chain, rope, float, structure and/or appliance used by
a vessel for anchoring purposes, and which is not carried aboard such vessel as part of
its regular equipment.

“Personal Watercraft” means a motorboat, as defined in the California Harbors and
Navigation Code, powered by a jet drive, which is under thirteen (13) feet in length,
designed by the manufacturer to be capable of speeds in excess of fifteen (15) miles
per hour, and designed to be operated by a person sitting, standing, or kneeling on, or
being towed behind, the device, rather than the conventional manner of sitting or
standing inside the vessel.

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“Vessel” has the same meaning as in the California Harbors and Navigation Code.

“Waters of Mission Bay,” excludes wetlands and marshes for purposes of calculating or determining the total dedicated water area of Mission Bay that may be leased under Section 55.1 of the City Charter. (Amended 5–31–1994 by O–18073 N.S.) (Amended 8-3-2007 by O-19653 N.S.; effective 9-2-2007.) (Amended 4-25-2019 by O-21066 N.S.; effective 5-25-2019.)

Exceptions & meaning →

§63.25.2 Authority to Park and Recreation Department; Harbormaster Designated

The Park and Recreation Department shall be the City’s supervising agency for the regulation and supervision of Mission Bay Park and of the vessels using Mission Bay; and the Park and Recreation Department shall, through its Director, be responsible for the regulation of commercial and recreational use of Mission Bay by vessels and for the enforcement of Chapter 6, Article 3. The person in charge of the Lifeguard Services Division of the Park and Recreation Department is hereby designated as the Mission Bay Harbormaster. (Retitled to “Authority To Park and Recreation Department; Harbormaster Designated” and amended 5–31–1994 by O–18073 N.S.)

Exceptions & meaning →

§63.25.3 Power and Authority of Park and Recreation Director

The Park and Recreation Director shall have the authority: (a) To create or establish additional designated anchorage areas within which vessels of different sizes and classes shall be anchored or moored. (b) To assign anchorage or moorings to vessels within such designated areas.

(c) To assign berths or landing places to vessels coming alongside of floats,
wharves and piers.

(d) To order any vessel improperly anchored, moored, or berthed to change its
position to such a one as he may designate, and, in case his orders are not
complied with, to cause such vessel to be so moved without liability to the
owner for any damage thereto and to collect the cost of such moving from
said vessel or owner thereof.

(e) To recommend to the City Manager a schedule to cover all fees and charges
applicable to the operation of Mission Bay Park. Said schedule shall be
effective when approved by the City Manager.

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(f) To perform or delegate such other duties as may be required for the operation
of this area in accordance with provisions of this section.
(Retitled to “Power and Authority of Park and Recreation Director” on 5–31–1994
by O–18073 N.S.)

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§63.25.4 Vessel Speed

(a) It is unlawful to operate a vessel upon Mission Bay at a speed greater than five (5) nautical miles per hour between sunset and sunrise.

(b) In order to assure greater safety for all citizens using the Mission Bay
recreational facilities, the Director may establish prima facie speed limits for
any area or areas of Mission Bay by posting such limits in or at the entrances
to such areas. When areas are so posted, the speed limits shall be as fully
effective as if specified herein.

(c) The speed limit shall be five (5) nautical miles per hour in the following areas:

(1) Within one–hundred (100) feet of the shoreline of Mission Bay;
provided, however, that this subsection, 63.25.4(c), shall not apply in
water areas designated for a single, special use including areas
designated for the exclusive use of personal watercraft, water skiing, a
special event or areas designated for water ski take–off and landing.

(2) Within one–hundred (100) feet of another vessel, a swimming flat or
platform, or a lifeline.

(3) Under bridges.

(d) The speed of any vessel in excess of the limits specified in the preceding
subsection 63.25.4(c), or limits established and posted pursuant to the
preceding subsection 63.25.4(b), is unlawful and a violation of this Section,
63.25.4, unless the operator establishes by competent evidence that any speed
in excess of said limits did not constitute a violation of the basic speed rule
declared in the California Code of Regulations, Title 14, Section 6615 at the
time, place and under the conditions then existing.

(e) These regulations shall not apply to City–owned, operated, or commandeered
vessels; and the basic speed law, but not the speed limits, shall apply to
vessels contending in a race pursuant to Section 63.25.11 when such vessel is
being operated within the scope of the permit for said race.
(Retitled to “Vessel Speed” and amended 5–31–1994 by O–18073 N.S.)

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§63.25.5 Jumping From Bridges, Swimming in Channel, Obstructing Navigation

Within the limits of Mission Bay Park, it is unlawful for any person to:

(a) Jump or dive from any bridge, or cause another person to jump or dive from
any bridge, or to climb upon or under any bridge except in places specifically
designated for pedestrian traffic; or dive or swim in the waters under or within
seventy–five (75) feet of any bridge;

(b) Fish by hand line, rod or spear from any bridge, within any marked water ski
landing or take–off area, or within any marked swimming area;

(c) Swim, dive or play in the Mission Bay ocean channel, the turning basin or on
or from breakwaters adjacent to the channel or on or from any traffic
structure, bridge construction equipment, or appurtenance not specifically
provided for such activities or in any water ski take–off or landing area.

(d) Swim, dive or play in any waters not specifically designated for these
activities in a manner which might tend to hinder the safe navigation of any
vessel.

(e) Swim, dive or fish in any water area designated by the Park and Recreation
Department for exclusive use of personal watercraft or water skiing, so long
as the area is marked by signs, buoys or both signs and buoys.
(Retitled to “Jumping From Bridges, Swimming in Channel, Obstructing Navigation”
and amended 5–31–1994 by O–18073 N.S.)

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§63.25.6 Water Skiing

(a) No water skier, aquaplaner, free–boarder, or other person being towed behind a vessel and the towing vessel therefor may operate within one hundred (100) feet of another boat, canoe, paddleboard, float, swimmer, person fishing, or the beach except when taking off or landing in prescribed areas posted for this purpose.

(b) In areas prescribed for water skiing, all motorized vessels shall adhere strictly
to a counterclockwise pattern regardless of the number of vessels in the area,
and shall be subject to the control and supervision of the authorized
representative of the City.

(c) It is unlawful for the operator of any vessel, with the exception of a vessel
actively engaged in water skiing, to allow the vessel to enter within two
hundred (200) feet of the shoreline of a designated water ski landing or take–
off area.

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(d) It is unlawful for any person to operate any vessel or device which tows a
water skier and which is operated or controlled by the water skier.
(Retitled to “Water Skiing” and amended 5–31–1994 by O–18073 N.S.)

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§63.25.7 Sirens and Mufflers

(a) It is unlawful to sound or operate or cause to be sounded or operated a siren on a vessel within the limits of Mission Bay Park. This provision shall not apply to City–owned, operated, or commandeered vessels. This section, 63.25.7, shall not preclude vessels from being provided with sound–producing devices as required by the appropriate Coast Guard regulations.

(b) Except as provided in Section 63.25.11, every watercraft equipped with an
internal combustion engine operated on Mission Bay shall at all times be
equipped with an adequate muffler, in constant operation and properly
maintained to prevent any excessive or unusual noise, and no such muffler or
exhaust system shall be equipped with a cutout, bypass, or similar device.
(Retitled to “Sirens and Mufflers” and amended 5–31–1994 by O–18073 N.S.)

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§63.25.11 Races

It is unlawful for any person to conduct or take part in any race, demonstration, or exhibit of any kind that interferes with the free use of the Mission Bay area, unless a written permit for such event designating the prescribed area to be used has first been procured from the Park and Recreation Department. The Director may grant special permits to hold a boat race in the course of which unmuffled engines may be used by the contestants upon the waters of Mission Bay along and over certain courses situated in the waters of Mission Bay; and provided further that any such special permit of the Director shall be for a period of time not exceeding ten (10) days in all of any calendar year hereafter, and shall not exceed eight (8) hours of any calendar day, the entire period of time for which such special permit is granted to fall between the hours of eight o’clock (8:00) a.m. and eight o’clock (8:00) p.m.

In addition to the aforementioned 10 day permit, the Director may issue a permit for
unlimited hydroplane racing, provided such permit shall be for a period of time not
exceeding four (4) additional days in any calendar year, and shall not exceed eight (8)
hours of any calendar day, the entire period of time for which the permit is granted, to
fall between eight o’clock (8:00) a.m. and eight o’clock (8:00) p.m., and provided
further that the racing is approved in all other respects by reviewing authorities. In the
event the additional four (4) days are not used for unmuffled hydroplane racing, they
may not be utilized for any other unmuffled boat racing activity. Such hydroplane
racing shall take place only during the four–day period designated by the Director.
(Amended 5–31–1994 by O–18073 N.S.)

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§63.25.12 Launching and Removal of Vessels

It is unlawful to launch or remove from the waters of Mission Bay any vessel over any seawall, sidewalk, street end, public or private property, except at such locations designated for that purpose, or at such locations making a regular business of launching and hauling vessels and having the necessary equipment to do such work, without first obtaining permission from the Director. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.13 Display of Vessels for Sale

Within the limits of Mission Bay Park, it is unlawful to beach, moor, or dock any vessel, or to park any trailer carrying a vessel for the purpose of displaying such vessel for sale, unless a permit to do so has first been obtained from the Park and Recreation Department. A sign or other marking on any such vessel indicating that it is for sale shall be prima facie evidence that the vessel was so placed for the purpose of displaying it for sale. Manager upon the recommendation of the Director. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.14 Anchorage, Beaching and Mooring Areas

(a) The anchorage or mooring areas designated exclusively for recreational vessels are as follows:

(1) The area commonly known as San Juan Cove, located on the west side
of Mission Bay, between Santa Clara Point and El Carmel Point.

(2) The area commonly known as Santa Barbara Cove, located on the
west side of Mission Bay, between El Carmel Point and Gleason Point
(also known as Bahia Point).

(3) The area commonly known as De Anza Cove, located at the northeast
corner of Mission Bay north of De Anza Point.

(b) The anchorage or mooring area designated for recreational or small
commercial vessels is in the area commonly known as Mariner’s Basin,
located on the southwest side of Mission Bay, just north of the Mission Bay
ocean channel.

(c) The beaching areas designated exclusively for recreational vessels are the
beaches adjacent to:

(1) The area commonly known as Santa Clara Cove, located on the
northwest side of Mission Bay;

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(2) The area commonly known as San Juan Cove, located on the west side
of Mission Bay;

(3) The area commonly known as Santa Barbara Cove, located on the
west side of Mission Bay;

(4) The area commonly known as Mariner’s Basin, located on the
southwest side of Mission Bay;

(5) The area commonly known as Sail Bay at the point that Fanuel Street
ends at Sail Bay;

(6) The area commonly known as Riviera Shores at the point that
Moorland Drive ends at Riviera Shores.

(d) Notwithstanding any other provisions of this Code, the Director has the
authority to determine and establish rules and regulations specifying the size
and type of vessels using the anchorage, beaching and mooring areas.
(Amended 5–31–1994 by O–18073 N.S.)

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§63.25.17 Anchorage and Mooring Location

It is unlawful for any person having charge of any vessel to moor or anchor the same in Mission Bay except within the areas and at the place or places designated by the Director. Any vessel which is moored or anchored in Mission Bay at a place not designated for such vessel by the Director shall, upon the demand of the Director, be forthwith moved to a designated area. In the designation of areas and places for the mooring or anchoring of vessels, the Director shall consider the needs of commerce, the utilization of turning basins for the turning of vessels, the use of channels for the moving and navigation of vessels, and the economy of space. No vessel shall bemoored and anchored in any part of any turning basin or channel unless it is securely moored, both fore and aft. Every vessel moored or anchored in any part of Mission Bay outside of any turning basin or channel shall be moored or anchored to prevent it from swinging or drifting into any turning basin or channel. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.18 Change of Mooring

If any vessel arriving and anchoring or being moored or fastened to any wharf or other vessel in Mission Bay shall be so moored or placed as to be unsafe or dangerous to any other vessel previously lying at anchor in said Mission Bay, or moored or fastened as aforesaid, the Park and Recreation Director is hereby authorized and directed forthwith to order and direct the position of said vessel to be changed in such manner as to obviate such insecurity or danger, and the Master or other person having charge of such vessel shall forthwith cause the position of such vessel to be changed as directed by the Park and Recreation Director, and upon the failure or refusal of such Master or other person in charge of such vessel to so change the position of said vessel, it shall be the duty of the Park and Recreation Director to forthwith board such vessel with such assistance as may be necessary and change the position of such vessel as had previously been directed by him, and the expense of changing the position of such vessel or of arranging the rigging thereon may be recovered from the Master or owner of such vessel by a suit in the name of The City of San Diego in any court of competent jurisdiction. (Retitled to “Change of Mooring” on 5–31–1994 by O–18073 N.S.)

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§63.25.19 Making Fast a Moored Vessel

It is unlawful to make fast or tie any vessel to a mooring occupied by another vessel, or to make fast or tie to a vessel already occupying a mooring; provided, however, that rowboats and yacht tenders regularly used by vessels for transportation of persons or property to or from shore may be tied to any such mooring or vessel. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.20 Obstruction of Passage

It is unlawful to tie up or anchor a vessel in Mission Bay in such a manner as to prevent or obstruct the passage of other vessels or to voluntarily or carelessly sink or cause to be sunk any vessel in any channel or to float loose timbers, logs, or piles in any channel in such a manner as to obstruct, impede, or injure navigation; whenever a vessel is wrecked or sunk in Mission Bay, accidentally or otherwise, it is the duty of the owner to immediately mark it by a buoy during the day and by a lighted lantern at night and to maintain such markings until the sunken vessel or obstruction is removed; the neglect or failure of the owner to do so is unlawful. The owner shall immediately commence the removal of the obstruction and prosecute the removal diligently to completion, and any failure to do so shall constitute an abandonment of the vessel. Whenever the navigation of any navigable water within Mission Bay Park is obstructed or endangered by any vessel or other obstruction, which has existed for a period longer than ten (10) days, or whenever the abandonment of a vessel or other obstruction can be legally established in a shorter period of time, the vessel or other obstruction is subject to be removed, sold, or otherwise disposed of by the City Manager at his or her discretion without liability for any damages to the owners.

Any costs incurred by the City in the removal of any vessel or other obstruction, may be recovered by the City from the owner of such vessel or the person causing or responsible for the obstruction, in any court of competent jurisdiction. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.22 Mooring Permit Required

It is unlawful to place, erect, construct, or install moorings in Mission Bay Park without a permit issued by the Director. Moorings must conform to the requirements and specifications set forth by the Director. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.24 Cancellation or Revocation of Mooring Permit

Any mooring permit issued by the Director shall provide that the permit may be canceled at any time by the Director by giving five (5) days written notice by mail sent to the person to whom the permit was issued at the address listed on the permit; and upon the permit being canceled, it is the duty of the owner of the mooring to immediately remove it. If the owner should fail to collect or refuse to move the mooring within ten (10) days, it may be removed by the Director at the expense of the person to whom the permit was issued, and the cost may be collected in any court of competent jurisdiction. Any impounded mooring not claimed by the owner within thirty (30) days becomes the property of The City of San Diego.

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The permit shall further provide that the Director has the discretion to permit any vessel to use an unoccupied mooring on a temporary basis; and that any mooring not used by the owner for a period of six (6) consecutive months out of any twelve (12) months becomes the property of the City and may be removed, used, rented, or sold by the Director with or without notice at the Director’s option, and the Director may then cancel or revoke the permit. (Amended 5–31–1994 by O–18073 N.S.)

Exceptions & meaning →

§63.25.25 Mooring Permit Fees

The owner of every vessel in the designated anchorage areas having a mooring shall pay the City an initial permit fee payable upon issuance of a permit, and thereafter shall pay the City a yearly fee to be paid on the first business day of March of each year, to be effective for the following twelve month period. The permit shall specify that it is the responsibility of the recipient of the permit to pay the annual fee if the recipient wishes to renew the permit and the City shall not be required to send a reminder notice to that effect.

The mooring permit shall further provide that if the owner fails to renew on the annual date specified and is in arrears for a period of seven (7) days, the Director shall, unless extraordinary circumstances exist, impound the mooring and make the space available, using normal procedures, to any other person who qualifies for a permit. The owner of an impounded mooring who wishes to claim it shall be charged a fee for the removal and storage of the mooring. If the owner fails to claim the mooring within a thirty (30) day period, the title to that mooring shall pass to The City of San Diego.

The amount of the fees herein required shall be established by the City Manager upon the recommendation of the Director. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.26 Unused Moorings

The Director may assign unused moorings to visiting vessels for a rental fee established by the City Manager upon the recommendation of the Director. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.28 Taxes on Moored Vessels

Any applicant for a permit shall acknowledge that the vessel to be anchored or moored within the designated mooring areas shall be assessed in The City of San Diego and that the applicant shall pay all taxes on the vessel to The City during the time that the mooring is maintained in The City of San Diego. (Retitled to “Taxes on Moored Vessels” and amended 5–31–1994 by O–18073 N.S.)

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§63.25.29 Contents of Permit

(a) Owners of vessels using private moorings in Mission Bay Park must first obtain a permit from the Park and Recreation Department, shall be limited to the designated anchorage and mooring areas established by the City, and shall conform to the rules and specifications established for such areas.

(b) Permits for moorings will be issued to an individual person for a period of one
year, on a renewable basis. Neither the permit nor the space for which the
permit is granted is transferrable.

(c) Any permit issued under the terms of this Section shall be personally signed
by the applicant, and shall contain the rules and specifications established by
the Director.

(d) The fees for any services provided for in the rules and specifications shall be
established by the City Manager upon the recommendation of the Director.
(Amended 5–31–1994 by O–18073 N.S.)

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§63.25.30 Installation of Privately–Owned Moorings

Upon request of the owner and at the discretion of the Director, privately–owned moorings may be installed by City forces at a rate established by the City Manager upon the recommendation of the Director. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.31 Use of Moorings

(a) It is unlawful for any vessel other than that described in the mooring permit to use any private mooring in Mission Bay; and the vessel must be owned, in whole or in part, by the person to whom the permit was issued. (b) It is unlawful for any person, other than the Director, to give permission for any non–permitted vessel to use a private mooring. (Retitled to “Use of Moorings” and amended 5–31–1994 by O–18073 N.S.)

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§63.25.43 Construction and Rental of Harbor Facilities Authorized

The City may construct or cause to be constructed such floats wharves, piers, and other harbor facilities in Mission Bay Park as may be required by the public interest, and the City may rent or lease in whole or in part such floats, wharves, piers, and other harbor facilities to individuals, nonprofit associations, and such other organizations as it may determine. The City may further establish by resolution a schedule setting forth the charges for the use of said floats, wharves, piers, and other harbor facilities, which use shall be governed by the terms of the rental or lease agreement executed by the City, and any applicable provisions of this Code. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.45 Information Required for Berthing Space

No permit shall be issued by the Park and Recreation Director for a berthing space at any float, wharf, pier or other harbor facility until the applicant shall have submitted to said Park and Recreation Director the length, width and type and occupation of vessel which is to occupy said berthing space. (Retitled to “Information Required for Berthing Space” on 5–31–1994 by O-18073 N.S.)

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§63.25.47 Use of Harbor Facility

(a) It is unlawful for any owner or any person having charge of any vessel to make such vessel fast, whether directly or indirectly, to any float, wharf, pier, or other harbor facility with the exception of those specifically designated for use by the general public, without the consent of the lessee, agent or person in charge of the float, wharf, pier, or harbor facility.

(b) It is unlawful for any owner or any person having charge of any vessel to
permit it to remain fastened to any float, wharf, pier, or dock in Mission Bay
Park, or to remain moored immediately in front thereof, after the user or users
of the vessel have finished loading or unloading at such float, wharf, pier, or
dock, without obtaining the consent of the owner, agent or person in charge of
the float, wharf, pier, or dock.
(Retitled to “Use of Harbor Facilities” and amended 5–31–1994 by O–18073 N.S.)

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§63.25.50 Head and Stern Lines, Chafing Gear Required

Every vessel lying at any float, wharf, pier or other harbor facility shall be fastened thereto with such head and stern lines from both bow and quarters in such a manner as to meet the approval of the Park and Recreation Director, and the owner of every such vessel shall provide suitable and sufficient chafing gear to prevent damage to the structure to which it is secured. (Retitled to “Head and Stern Lines, Chafing Gear Required” and amended 5-31-1994 by O–18073 N.S.)

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§63.25.51 Handling Explosives; Permit Required

It shall be unlawful for any person to unload gunpowder, dynamite, or any other high explosive from any vessel to or upon any wharf or pier in Mission Bay, or to load the same from any wharf, or pier upon any vessel, without first obtaining a permit so to do from the Park and Recreation Director, paying therefor a fee and otherwise complying with all the rules and regulations governing the loading and unloading of high explosives. (Retitled to “Handling Explosives; Permit Required” on 5-31-1994 by O–18073 N.S.)

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§63.25.52 Petroleum Products Regulated

The storage, handling, keeping, use or sale of gasoline, distillate, or any liquid petroleum products on floats, wharves, piers and other harbor facilities is unlawful and strictly prohibited. Sale of said petroleum products may be made only from specific locations designated by The City of San Diego. Sale or delivery of such products to vessels in such areas shall be made by means of pipe lines and hose, suitably equipped and provided with closed connections and valves between pipe line and hose to be approved by the Park and Recreation Director and the Chief of the Fire Department of The City of San Diego. (Retitled to “Petroleum Products Regulated” on 5–31–1994 by O–18073 N.S.)

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§63.25.53 Containers for Inflammable Products Regulated

It is unlawful for any person to cause empty drums, tanks, barrels, or other containers used for the storage or transportation of gasoline, distillate, kerosene, or other inflammable products to remain on any float, wharf, pier, or other harbor facility, or the shoreline, roadways, parkways, or any property in Mission Bay Park. (Retitled to “Containers for Inflammable Products Regulated” on 5–31–1994 by O-18073 N.S.)

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§63.25.54 Donkey Engine; Spark Arrester Required

It is unlawful for any person to use any donkey engine or other stream engine for any reason on any wharf, dock, pier, or vessel in Mission Bay without a bonnet or spark arrester attached to the smoke stack of such engine so as to prevent sparks from coming in contact with wharf or vessel. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.55 Public Piers Authorized

Floats, wharves, piers and other harbor facilities may be maintained by the City, and such harbor facilities shall be available for the loading and unloading of passengers, supplies, boating gear and for similar purposes and in such manner as will best serve the public use thereof and avoid congestion and the blocking of other facilities. However, the loading and unloading of passengers, supplies, boating gear shall not be construed so as to include the handling of commercial cargo, in any manner which is unlawful and strictly prohibited. The Park and Recreation Director shall have the authority to control the use of any and all facilities and to regulate the time and manner of said use for the purpose of maintaining said facilities available to the public. (Retitled to “Public Piers Authorized” on 5–31–1994 by O–18073 N.S.)

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§63.25.56 Obstruction of Public Pier or Facility Prohibited

It is unlawful for any person to obstruct the free and easy access to and departure from any portion of any public float, wharf, pier, or other harbor facility at any time; and it is unlawful to obstruct the land site of any public facility with automobiles or any other vehicle or gear; and the Director shall cause to be impounded at the expense of the owner any automobile or any other vehicle or gear which shall obstruct such public facilities. (Retitled to “Obstruction of Public Pier or Facility Prohibited” and amended 5–31– 1994 by O–18073 N.S.)

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§63.25.57 Waste Materials Upon Shore Line Prohibited; Penalty

It is unlawful to allow any materials, including but not limited to garbage, refuse, timbers, or waste matter of any description, to remain upon the shorelines of Mission Bay Park; and the Director may remove same with or without notice, and any cost of removal may be recovered by the City against any person responsible therefor in any court of competent jurisdiction. Violations of this provision is a misdemeanor. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.58 Construction of Private Piers

It is unlawful for any person, firm, corporation, or association to build, or cause to be built or extended, any public or privately–owned float, wharf, pier, landing bulkhead, seawall, or structure, of any sort whatever, or make, or cause to be made, any filling of any description in Mission Bay Park. It is also unlawful for any person to dredge or excavate within Mission Bay Park for the benefit or use of any private person, firm, corporation, or association unless plans showing the proposed work have been approved by the City Manager, and a permit issued therefor. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.59 Private Piers or Wharves — Defective Condition

If the Director learns that any wharf, dock, or pier on Mission Bay is in such a defective or dangerous condition that life or property is endangered thereby, the Director shall immediately notify in writing the owner thereof, or the agent, lessee, or any other person or persons having charge of the same, of the defective and dangerous condition, and shall require such person or persons to immediately repair the same, or to erect fences or other barriers to prevent persons from using or going upon the wharf, dock, or pier. If the person or persons having charge of the wharves, docks, or piers fails or neglects to repair it or to erect fences or other barriers, then the Director may erect fences or other such barriers as may be deemed necessary for the protection of the public, and charge the expense to the person or persons having charge of the wharf, dock, or pier. It is unlawful for any person or persons to interfere whatsoever with any fence or barrier erected to prevent the use of the defective wharf, dock, or pier.

If any wharf, any portion thereof, or any material on such wharf, falls into the waters

of Mission Bay, it is the duty of the owner, agent, or lessee of the wharf to forthwith remove such material from the waters of Mission Bay, and, if they fail to do so, the Director may remove or cause the material to be removed; and the cost of the removal is recoverable from the owner, agent, or lessee by the City. (Retitled to “Private Pier or Wharves — Defective Condition” and amended 5-31-1994 by O–18073 N.S.)

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§63.25.61 Discharge of Inflammable Material

It is unlawful for any vessel to pump, discharge, or dump into the waters of Mission Bay, oil, spirits, gasoline, distillate, or any other petroleum products, or any inflammable material whatsoever, or to deposit any refuse matter, rubbish, or articles of any offensive nature upon any float, wharf, pier, or upon any shoreline roadway or parkway. (Retitled to “Discharge of Inflammable Material” on 5–31–1994 by O–18073 N.S.)

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§63.25.62 Discharge of Petroleum Products

It is unlawful to discharge, deposit, or cause or allow to be discharged, deposited, to pass in or into the waters of Mission Bay, any coal tar, refuse or residuary products of coal, petroleum, asphalt, bitumen, or any other carbonaceous material or substance. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.67 Entering Watercraft Without Permission of Owner

It is unlawful to enter or climb into or upon any boat, vessel, yacht, or water craft moored, tied or anchored in Mission Bay, without the consent of the owner or operator of said vessel. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.68 Tampering with Moorings Prohibited

It is unlawful to tamper with, or in any way interfere with the moorings or anchorages of any boats, vessels, yachts, or other water craft in Mission Bay. (Amended 5–31–1994 by O–18073 N.S.)

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§63.25.70 Vessel Passage Regulated — Mission Bay Park Bridges

(a) Purpose and Intent. It is the purpose of this section to provide for the regulation of the passage of vessels under the Mission Bay Park bridges in order to regulate clearances and to prevent collision by vessels with the bridges or any portions of the structures.

(b) Any vessels having a beam of greater than thirty (30) feet or having less than
two (2) feet of vertical clearance (flexible radio antennas excepted) at the time
of passage are prohibited from passing under any of the Mission Bay Park
bridges without prior written permission of the Park and Recreation Director,
or his designated representative, under the terms and conditions imposed by
him.

The owner of any vessel greater than twenty–five (25) feet in length colliding
with said bridge or bridges and the owner of any vessel regardless of size
which damages said bridge or bridges shall immediately report such collision
and/or damage to the Park and Recreation Department’s Mission Bay Park
headquarters.
(“Vessel Passage Regulated— Mission Bay Park Bridges” added 1–14–1964 by
O-8947 N.S.)

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§63.25.71 Living on Board Vessels, Overnight Anchorage Regulated

(a) It is unlawful for any person to remain overnight on board any vessel in Mission Bay Park unless the vessel has a functional, self–contained toilet on board that does not discharge into the waters of the Bay. It is unlawful for any owner of any vessel to occupy it or allow it to be occupied overnight in Mission Bay Park for a period of more than ninety (90) days, whether successive or cumulative, during any one calendar year. A vessel is presumed to be occupied overnight when there are one or more persons on board after midnight. The lessees of land in Mission Bay Park are primarily responsible for the enforcement of this subsection, 63.25.71(a), on the water abutting their leased lands.

(b) It is unlawful for any owner or person in command of any vessel to allow it to
be left anchored or moored overnight upon the waters of Mission Bay unless
the owner or person in command has received permission from the Director
or, in the case of property within a leasehold, from a lessee under the terms
and conditions of the lease. In the area of Mariners Basin, a vessel may be
permitted to remain moored or anchored for a period not to exceed seventy–
two (72) hours during any seven (7) consecutive days, provided that the
owner or person in command of such vessel has first received permission
from the Director and provided that at least one person of eighteen years or
older remains on board from dusk to dawn. Permission to moor or anchor in
Mariners Basin will be partially based on capacity of the area.

(c) The Director may without notice remove any vessel, boat or trailer stored or
left in violation of subsection 63.25.71(b), and the cost of removal and storage
may be recovered by the City against any person responsible therefor through
collection processes or proceedings in any court of competent jurisdiction and
in any case prior to release of the impounded vessel to the registered owner or
the authorized agent thereof.
(Retitled to “Living on Board Vessels, Overnight Anchorage Regulated” and
amended 5–31–1994 by O–18073 N.S.)

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§63.25.72 Regulation of Para–Sails and Similar Devices

(a) It is unlawful for any person to use a hang glider, para–sail, ski–kite, or similar device which may be used to lift a person from the water or land in Mission Bay Park except by special permit issued by the Director.

(b) For purposes of this section, 63.25.72, the following definitions apply:

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“Hang glider” means any delta–wing kite used as an air foil to elevate a person by a tow line.

“Para–sail” means any multi–vented sail used to elevate a person by a tow line.

“Ski kite” mean s any kite used to elevate a person by a tow line.

(Retitled to “Regulation of Para–Sails and Similar Devices” and amended 5-31-1994 by O–18073 N.S.)

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§63.25.73 Overnight Storage of Vessels, Boats, and Trailers Prohibited

(a) It is unlawful to store or leave any vessel, boat, or trailer on the beach on the west, north, and east shoreline of Mission Bay Park between Santa Clara Point and the Ingraham Street Bridge between the hours of 10:00 p.m. to 7:00 a.m., except where permitted by the Director at an authorized beach mooring bar or facility. This prohibition shall not apply between 10:00 p.m. Friday night through 7:00 a.m. Sunday morning, nor from 10:00 p.m. of the night preceding an official holiday of the City through 7:00 a.m. on the day of the holiday.

(b) The Director may without notice remove any vessel, boat, or trailer stored or
left in violation of Section 63.25.73(a), and the cost of removal and storage
may be recovered by the City against any person responsible therefor through
collection processes or proceedings in any court of competent jurisdiction.

(c) Persons using vessels in designated beaching areas, established and posted as
such by the City, must first obtain a permit from the Park and Recreation
Department, and shall conform to the rules and specifications established for
such areas by the Department.

(d) Permits for using designated beaching areas will be issued for a period of one
(1) year, on a renewable basis, and are nontransferable. The permit shall
provide that it may be canceled at any time by the Director by giving five (5)
days written notice by mail to the person at the address registered on such
permit; and upon said permit being canceled, it shall be the duty of the owner
of the vessel to immediately remove it, and if the owner should fail to collect
or refuse to remove the vessel within ten (10) days, it may be removed or
impounded by the Director.

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(e) The owner of every vessel having a permit to use a designated beaching area
shall pay the City of San Diego an initial permit fee payable upon issuance,
and a yearly fee thereafter, to be paid on the first business day of March each
year. The fees specified herein shall be established by the City Manager upon
the recommendation of the Director.
(Amended 5–31–1994 by O–18073 N.S.)

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