San Rafael Municipal Code Ch. 17.40 Vessel Sanitation and Dock Safety

San Rafael tidelands, shorelines, waterways, canals, beaches, and salt marshes are vital natural resources which need protection from contamination and deteriorating water quality which would result from discharge of sewage, or solid waste from vessels. In addition, to protect the safety of persons and vessels using the waters of the city, and to promote the accessibility of those waters, docks and berths must be built and maintained in a safe manner that does not obstruct navigation. The ordinance codified in this chapter will promote the public health, safety and welfare of the city by establishing regulations to promote the proper disposal of sewage and refuse to prevent the discharge of human waste from vessels within the city limits and to ensure dock safety and accessibility.

(Ord. 1813 § 4 (part), 2003).

For purposes of this chapter, the following definitions, in addition to the definitions set forth in Section 17.20.020, shall apply:

"Berth" means the place where a vessel lies when tied to a dock.

"Harbormaster" means the person designated by the marina owner to control the operation of the marina.

"Marina" means, for purposes of this chapter, a commercial or noncommercial facility for storing, servicing, fueling, berthing and securing and launching of ten (10) or more private pleasure craft and/or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests.

"Marine sanitation device" means any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage.

"Private dock" means, for purposes of this chapter, a dock and/or boat docking facility, as defined in Section 17.20.020 and/or Section 14.03.030 of this code, for storing, servicing, fueling, berthing and securing and launching of fewer than ten (10) private pleasure craft and/or commercial boats, and which may include the sale of fuel and incidental supplies for the boat owners, crews and guests.

"Sewage" means any and all waste substance, liquid or solid, associated with human habitation, or which contains, or may be contaminated with, human or animal excreta or excrement, offal, or any feculent matter.

"Solid waste" shall have the meaning set forth in Section 9.19.030 of this code, as amended from time to time.

(Ord. 1813 § 4 (part), 2003).

(a) Every marina or private dock allowing mooring of one or more vessels for more than seven (7) days in any thirty (30) day period shall furnish to each such moored vessel a permanently supported electrical receptacle enclosed as approved by the city's building official, and in compliance with the city's adopted electrical code. Such electrical receptacle shall meet the following requirements:

1. The electrical receptacle shall be located at least eighteen inches (18") above the floating dock, unless otherwise approved by the city's building official.

2. The electrical receptacle shall be wired and connected to shore in nonconductive electric pipe.

3. The electrical receptacle shall have a circuit breaker.

4. The electrical receptacle shall have a wiring system nominally rated 115/230 volts, three (3) wire ACD, with a grounded neutral and a continuous means of grounding.

(b) The harbormaster or private dock owner shall ensure that:

1. No more than two (2) marine certified extension cords shall be used to supply one vessel.

2. The marine-certified extension cords shall be connected only to the electrical receptacle on the dock and to a marine-approved connector on the vessel.

(c) Pilings for floating docks and equipment at marinas and private docks shall be adequate to resist lateral forces produced by any combination of wind, current, wave and impact.

(d) Floating docks, dock walkways, and gangways or ramps at marinas and private docks shall have sufficient buoyancy and stability to support three (3) persons with an average weight of one hundred seventy-five (175) pounds each.

(e) For all new construction or complete reconstruction of docks in marinas or of private docks, the following requirements shall be met:

1. All docks and dock walkways providing main access to more than two (2) berths shall have a clearance width of no less than four feet (4'), except that docks and walkways extending more than one hundred feet (100') from shore shall have a clearance width of no less than five feet (5').

2. Docks and dock walkways that provide access between moored vessels from a main access dock or dock walkway shall have a clearance width of no less than three feet (3').

(f) All docks at marinas and private docks shall be maintained with facilities for securely and safely mooring vessels.

(g) Mooring lines at marinas and private docks shall be of sufficient strength and be installed in a manner that will maintain a moored vessel within its berth and prevent the vessel from posing a safety hazard to the berth or to adjoining vessels.

(h) Rafting of vessels that impedes safe navigation and/or access is prohibited.

(Ord. 1813 § 4 (part), 2003).

(a) Every marina shall maintain restrooms, shower facilities, and solid waste disposal facilities that are accessible to marina users at all times.

(b) Every marina shall maintain sewage pump-out facilities accessible at all times to vessels using the marina, or contract with a mobile pump-out service and assure that all vessels mooring in the marina utilize the service.

(c) Any vessel with a Coast Guard-approved "Type I" or "Type II" marine sanitation device must treat its sewage before discharge in compliance with state and/or federal law.

(d) Any vessel with installed toilet facilities other than a Coast Guard-approved "Type I" or "Type II" marine sanitation device, and which is within or operating upon the waters of the city or moored in a marina or at a private dock within the city for more than seven (7) days in any thirty (30) day period, shall cause any through-hull fitting on the vessel to be secured in a manner which prevents discharge of treated or untreated sewage.

(e) The owner, operator, or occupant of any vessel subject to the requirement of subsection (d) of this section shall produce, upon request by the city, proof of regular use of a sewage pump-out facility or service during all periods of time the vessel is within or operating upon the waters of the city or moored in a marina or at a private dock within the city for more than seven (7) days in any thirty (30) day period.

(f) The harbormaster of a marina or the private dock owner shall keep a copy of the records of proof of regular use of a sewage pump-out facility or service by any vessel with toilet facilities other than a Coast Guard-approved "Type I" or "Type II" marine sanitation device that is moored in the marina or private dock for more than seven (7) days in any thirty (30) day period, and upon reasonable notice by the city, shall produce such records for inspection by the city.

(Ord. 1813 § 4 (part), 2003).

(a) Any vessel owner, operator, or occupant who uses city waters for more than seven (7) days within any thirty (30) day period beginning on or after the effective date of this chapter shall obtain an inspection of his or her vessel by either the Coast Guard Auxiliary, the Marin Sail and Power Squadron, a marine surveyor, or other qualified marine expert, to certify that the vessel is in compliance with the provisions of this chapter and state and federal laws regarding marine sanitation devices, and that any through-hull overboard discharge valve is secured, unless the installed marine sanitation device is a "Type I" or "Type II" device approved for discharge through hull.

(b) If a vessel owner, operator, or occupant is unable to provide evidence of the required inspection upon demand by the city, the city shall have the right, upon reasonable notice to the vessel owner and/or operator and/or occupant, to inspect the vessel to verify compliance and, at the vessel owner's expense, to secure any through-hull overboard discharge valve on the vessel, unless the installed marine sanitation device is a "Type I" or "Type II" device approved for discharge through hull.

(c) After the initial inspection, the vessel shall be reinspected and recertified as provided in subsection (a) above within three (3) years following any previous inspection.

(Ord. 1813 § 4 (part), 2003).

In addition to any other relief provided by this chapter, the provisions of Chapters 1.40 through 1.46 of this code shall apply to any violation of this chapter.

(Ord. 1813 § 4 (part), 2003).