San Rafael Municipal Code Ch. 17.20 Anchoring and Mooring in the San Rafael Canal and San Rafael Bay Within…

San Rafael Bay tidelands, waterways, canals and salt marshes are vital natural resources which provide great benefits to all San Rafael residents as well as for future generations. These navigable and other waterways offer scenic views, open space, significant recreational activities, wildlife habitats, and opportunities for water transportation. These public benefits could be seriously diminished by permitting uncontrolled anchoring or mooring of boats. The city has determined that there exist no San Rafael Canal or Bay tidelands, waterways, canals or salt marsh areas within city limits other than areas located at permanent docks, or as depicted on Figure 17.20.010, General Anchorage Areas, which are suitable for the anchoring or mooring of boats. The anchoring and/or mooring of boats in such areas constitutes hazards to navigation and recreational uses, is potentially harmful to the environment and degrades and diminishes the open space/scenic values of such areas. The city has further determined that the waters covered by this chapter shall be designated recreation, navigation and habitat special use areas, in which anchoring and mooring of boats is detrimental to these uses and therefore inappropriate except in designated general anchorage areas.

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(Ord. 1597 § 1 (part), 1990)

"Anchoring" means attachment of a vessel to the bottom or the shore using equipment, material, lines, rope, chain or cable which is or may be carried on board the vessel as regular equipment when underway.

"Dock" means a fixed structure, floating or not, (requiring a tidelands permit, typically made of wood or concrete connected to land and which is used to secure vessels and provide dry pedestrian access to land. Dock includes wharf and pier as these terms are defined in this section.

"Mooring" is a means of fixing a vessel to the bottom in one location, temporarily or permanently, by use of cable, lines, chains, or other equipment or material which remains attached to the bottom and which is not usually carried aboard such vessel as regular equipment when underway.

"Pier" means a structure built upon pilings driven into the bay bottom, designed and outfitted for the mooring of vessels.

"Seaworthy" describes a vessel in good material condition which is not likely to sink or become a menace to navigation or a nuisance, and which is capable of getting underway and navigating over the surface of international waters or high seas.

"Vessel" means every description of watercraft or structure designed to float, be navigable or towed upon a body of water.

"Wharf" means a nonfloating structure constructed parallel to the shoreline, designed and outfitted for the mooring of vessels.

(Ord. 1597 § 1 (part), 1990).

This chapter shall apply to all portions of San Rafael Bay, San Pablo Bay and San Rafael Canal tidelands, together with all waterways, canals and/or salt marshes located with in the San Rafael city limits which are below an elevation of 4.5 feet Mean Sea Level NGVD.

(Ord. 1597 § 1 (part), 1990).

(a) The provisions of this chapter shall not apply to vessels operated by the United States of America, the state, or any governmental entity, its agencies, instrumentalities, or permittees.

(b) The provisions of this chapter shall not apply to any vessel in an emergency situation/condition where time is of the essence; for purposes of this exemption emergency situation/condition includes but is not limited to vessels sinking, on fire, or disabled, in which case the owner or operator of such vessel shall immediately report the emergency situation/condition to the San Rafael police department and shall thereafter immediately move and secure such vessel as instructed by and in accordance with the police department's directives. In the event that the owner/operator of any such vessel fails to comply with the directives of the police department, such vessel shall be forthwith moved and/or secured at the owner's expense.

(c) The provisions of this chapter do not apply to seaworthy vessels which are secured at a dock with the permission of the owner thereof.

(Ord. 1597 § 1 (part), 1990).

Except in the circumstances described in Section 17.20.040, no person operating or having charge of any vessel shall anchor or moor such vessel in San Rafael Bay, San Pablo Bay or the San Rafael Canal within city limits, except that any seaworthy vessel may anchor or moor for up to forty-eight (48) hours in the area designated as a general anchorage area on the map set out in Figure 17.20.010. No vessel which is unseaworthy or in a badly deteriorated condition or which is likely to sink or become a hazard to navigation shall be anchored or moored within any area described in Section 17.20.030 at any time. Determinations of seaworthiness shall be made by the San Rafael police department and/or the U.S. Coast Guard.

The San Rafael police department may cite any vessel anchored or moored in violation of the provisions of this section. The citation shall be posted upon the vessel and a copy shall be sent or delivered to the registered owner, if known. The citation shall state that the boat shall be moved within seventy-two (72) hours of posting the citation or it will be towed and impounded at the owner's expense. Any vessel so impounded may be redeemed upon proof of ownership and payment of all costs incident to recovery, towing and storage. The police department shall not be held liable for any damage to such vessel, nor liable to its owners before or after assuming custody.

(Ord. 1597 § 1 (part), 1990).

(a) It shall be unlawful to secure, anchor or moor a vessel in any waters described in Section 17.20.030 in such a manner as to obstruct any such waters or to prevent or obstruct the passage of other vessels; or to voluntarily or carelessly sink or allow to be sunk any vessel in any such waters; or to float loose timbers, debris, logs or piles in any such waters in such a manner as to impede navigation or cause damage to vessels therein.

(b) Whenever the navigation of any waters described in Section 17.20.030 shall be obstructed and/or endangered by any sunken vessel or other obstruction, and the obstruction or danger has existed for a period of more than five (5) days, the vessel or obstruction shall be subject to removal, sale or other disposition in accordance with Division 3, Chapter 3, Section 510 et seq. of the Harbors and Navigation Code or any successor statutes thereto. The owner or owners of such vessel or other property causing such obstruction or danger shall be liable to the city for all costs incident to said removal and disposition, and the city, its employees, agents and officers shall not be liable for damages of any nature whatsoever arising out of or in any way connected with removal, sale or disposition of such vessel or other property.

(Ord. 1597 § 1 (part), 1990).

Any vessel that enters any waters described in Section 17.20.030 in a disabled condition or any vessel within such waters which may for any reason be rendered disabled, or dangerously contaminated by any flammable or combustible liquids, gases or solids, shall immediately report the dangerous condition to the police department and shall become subject to the orders and directions of the police department. It is unlawful for any person to fail or refuse to comply with the police department's orders or directions with regard to the disposition of such vessel.

(Ord. 1597 § 1 (part), 1990).

(a) 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.

(b) In any criminal prosecution or civil proceeding undertaken hereunder and charging a violation of Sections 17.20.050, 17.20.060 or 17.20.070 of this chapter, proof by the people of the state of California or the city in a civil proceeding that the particular vessel described in the complaint was in violation of said section(s) and proof that the defendant named in the complaint was the registered owner of said vessel at the time it was in violation, shall constitute in evidence a prima facie presumption that the registered owner was the person who secured, anchored, moored or allowed the vessel to enter the waters described in Section 17.20.040 at the point where, and for the time during which, the violation occurred.

(Ord. 1813 § 3, 2003: Ord. 1597 § 1 (part), 1990).

Any violation of this chapter is hereby declared to be a nuisance. In addition to any other relief provided by this chapter, the 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 or permanent injunction.

(Ord. 1597 § 1 (part), 1990).

If the police department has reasonable grounds to believe that a vessel has been abandoned within any of the areas specified in Section 17.20.030, the police department may assume custody of such vessel and cause it to be removed and held or placed in storage. Any vessel so abandoned and any vessel which has not been recovered pursuant to the provisions of Section 17.20.050, shall be subject to disposal and/or sale pursuant to Sections 500-509 and 522 of the Harbor and Navigations Code or any successor statutes thereto.

(Ord. 1597 § 1 (part), 1990).