South San Francisco Municipal Code Ch. 8.78 Mooring Regulations

These regulations are enacted to ensure that mooring installation, use and maintenance does not impair the public's health, safety and welfare; or does not result in degraded water quality, loss of aquatic habitat, or interference with navigation.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

For purposes of this chapter:

"Beached."

A vessel shall be deemed "beached" when such craft rests on the mud or other bottom or does not float freely at ordinary low tide.

"City waters"

means any and all navigable waterways of South San Francisco, including, but not limited to, all of the property owned and/or held in trust by the city covered by the waters of Oyster Point.

"Emergency"

means any of the following: (1) an occupied vessel that is actively sinking/taking on water; (2) a vessel that has an active fire on board; (3) a vessel that has an in progress criminal activity occurring; (4) a life threatening emergency; or (5) any other unexpected emergency that poses potential death or serious bodily injury if not immediately acted upon.

"Marina facilities"

means the Oyster Point Marina and the Oyster Cove Marina and any successor facilities, in the event of a name change of the current Marina facilities.

"Marine debris"

shall have the same meaning as set forth in California Harbors and Navigation Code Section 550(b) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter, "marine debris" means "a vessel or part of a vessel, including a derelict, wreck, hulk, or part of any ship or other watercraft or dilapidated vessel, that is unseaworthy and not reasonably fit or capable of being made fit to be used as a means of transportation by water."

"Moor"

means the fixing of a vessel in one location temporarily or permanently by mooring, anchoring, grounding, or any other means.

"Oyster Point"

means the land abutting the waters of Oyster Point generally located in the area East of Oyster Point Boulevard, East of Gull Drive, Northeast of Forbes Boulevard, and North, South and East of Marina Boulevard.

"Person"

shall be understood to include natural persons, firms, partnerships, associations, companies or corporations, singular and plural.

"Personal watercraft"

shall have the same meaning as set forth in California Harbors and Navigation Code Section 651(s) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter, "personal watercraft" means a vessel 13 feet in length or less, propelled by machinery, that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. Such vessels are commonly referred to as "jet skis."

"Recreational vessel"

shall have the same meaning as set forth in California Harbors and Navigation Code Section 651(t) or successor statute as it currently exists or may hereinafter be amended. As of the date of adoption of this chapter "recreational vessel" means a "Vessel used primarily for pleasure."

"Vessel"

shall have the same meaning as set forth in California Harbors and Navigation Code Section 550(a) or successor statute as it currently exists or may hereinafter be amended. As of the date of the adoption of this chapter, "vessel" includes "every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water."

"Water structure"

includes structures of every kind and nature, not included in the definitions of vessel, which exist on, over or above the water, including, but not limited to, piers, wharves and docks.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

Marine debris may be removed, destroyed and disposed of in accordance with California Harbors and Navigation Code Sections 550 through 552, or successor statutes.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

If moored for longer than seventy-two hours, a person must be required to provide receipt, proof of proper sewage disposal, or be subject to an inspection to confirm a holding tank is operable on the vessel. Absent the above, no person may discharge or permit to be discharged into city waters any refuse, treated or untreated sewage, petroleum or petroleum matter, paint, varnish, or any other noxious chemical or foreign matter of any kind.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

Prior History: Former Section 8.78.050 Public nuisance, composed of Ord. 1659, 9/11/2024 was repealed by Ord. 1669, 1/22/2025.

(a) The city council declares that the city waters are and shall be an open water area acquired, owned and maintained by the city for the purpose of providing active recreational boating and an unobstructed water vista for those using and enjoying the area of Oyster Point. The city council finds that the use of the city waters for the purpose of mooring vessels and for the purpose of building, constructing, and/or maintaining other water structures without the consent of the city is inconsistent with the use of the area for active recreational boating, and for the purpose of providing an unobstructed water vista.

(b) It is unlawful for any person to moor any vessel, or to place, build, construct or maintain any water structure, in the city waters.

(c) It is unlawful for any person to go upon, board, occupy, reside, or dwell upon, or be present upon any vessel moored in the city waters, or any water structure placed, built or constructed in the city waters.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

Other than those vessels lawfully permitted to be within the marina facilities, it is unlawful for any person to moor or beach any vessel in city waters in excess of 10 hours without first obtaining the written permission of the city.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

Except in an emergency and except for those vessels lawfully docked in marina facilities, it shall be unlawful for the owner or person in control or custody of any vessel to beach in city waters.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

(a) Within city waters, due caution must be observed at all times. No person shall operate a vessel within city waters in a reckless or negligent manner, nor shall any person operate a vessel at a speed that will endanger life, limb, property, or wildlife.

(b) No person shall use, operate or navigate any recreational vessel or any personal watercraft at a speed in excess of five miles per hour in any portion of the city waters within 500 feet of any shoreline.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

No person shall permit or allow any personal watercraft to land at or depart from any shoreline in any portion of the city.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)

(a) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof may be punished by a fine not exceeding five hundred dollars, or by imprisonment in the County Jail for a period not exceeding thirty days, or by both such fine and imprisonment.

(b) In addition to the penalties imposed pursuant to subsection (a) of this section for violations of Municipal Code Sections 8.78.060 and/or 8.78.070, the city may remove or cause to be removed any vessel which has been left in city waters or beached for 72 or more consecutive hours. The registered and legal owner of the vessel so removed and impounded shall have the right to secure the release of such vessel upon furnishing proof of ownership and payment of the costs and expense of removal, impoundment and/or storage of the vessel. In addition, the provisions of the Boater's Lien Law, currently set forth in California Harbors and Navigation Code Section 500 et seq., shall apply.

(Ord. 1659, 9/11/2024; Ord. 1669, 1/22/2025)