San Rafael Municipal Code Ch. 13.16 Canal Harbor Lines

This chapter shall be known and may be cited as the "San Rafael Canal Harbor Line Ordinance."

(Ord. 692 § 1).

The purposes of this chapter are to permit and assure free and unobstructed navigation upon the waters of San Rafael Canal, and also free and unobstructed access to the canal from public streets in the city of San Rafael.

(Ord. 692 § 2).

As used in this chapter:

(a) "San Rafael Canal" consists of all of that portion of the San Rafael Canal which lies within the territorial boundaries of the city of San Rafael and which constitutes "navigable waters" within the meaning of Article 2, Division 3 of Title 4, Government Code of the State of California;

(b) "Freeway lines" means the lines herein established as such within the San Rafael Canal;

(c) "Construction lines" means the lines herein established as such within the San Rafael Canal.

(Ord. 692 § 3).

There are hereby established in and along the San Rafael Canal, two parallel freeway lines and two parallel construction lines running lengthwise in the canal and in a general northerly and southerly direction, which freeway and construction lanes are delineated, designated, platted and described by metes and bounds upon that certain map filed in the office of the city clerk of the city of San Rafael consisting of seven pages and entitled, "Freeway and Construction Lines for the San Rafael Canal, San Rafael, California," which map was approved and adopted by the city council of the city of San Rafael upon the same day as the adoption of this chapter, which map and all notices and information thereon contained, are hereby made a part of this chapter by reference as though set forth herein in full.

(Ord. 692 § 4).

Those areas lying between the two freeway lines herein established, shall at all times be kept free and clear of any obstructions to navigation, and it is unlawful to construct, erect, maintain, alter or place, or permit to be placed upon any portion of the said San Rafael Canal lying between the two freeway lines, any structure, building, fence, wharf, wall, bulkhead, mooring, float, or other thing or device which does constitute an obstruction to navigation therein.

No structures, buildings, fences, walls, wharves, trestles, or other obstructions shall be built, constructed, erected, maintained or placed within the area of the San Rafael Canal lying between the two lines herein established as construction lines; provided however, that the area lying between the two said construction lines, excluding therefrom however that portion thereof lying between the two freeway lines, may be used for the mooring of vessels and boats, but not for the mooring of floats or rafts.

(Ord. 692 § 5).

All departments, officials and public employees of the city of San Rafael vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this chapter, and shall not issue any permit or license for uses, buildings or purposes in conflict with its provisions, and any permit or license issued which does in fact so conflict with this chapter shall be null and void, and no rights or privileges shall be obtained thereunder. Any building, structure, pier, wharf, fence, wall, bulkhead or other edifice which is set up, constructed, altered, enlarged or maintained contrary to the provisions of this chapter, is hereby declared to be unlawful and a public nuisance, and the city attorney of the city of San Rafael shall upon order of the city council immediately commence action or proceedings for the abatement and removal thereof. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 692 § 6).

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this chapter, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than three hundred dollars or by imprisonment in the county jail in the county of Marin for a period of not exceeding one hundred fifty days, or by both such fine and imprisonment, and shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed or continued.

(Ord. 692 § 7).

The provisions of this chapter shall not apply to that portion of the San Rafael Canal that lies westerly of the San Rafael Canal Turning Basin.

(Ord. 893 § 1; December 18, 1967).