Suisun City Municipal Code Ch. 21.04 General Provisions

This chapter is enacted to provide for the rules, regulations and control of the city marina as shown in Section 21.10.010 on Diagram A.

(Ord. 647 (part), 1999: Ord. 615 (part), 1999)

For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

"Berth" means a vessel's berth between or along finger floats and headed by a walkway, or at the end of a walkway, as so designated by the harbor master.

"Berth length" means the distance from the edge of the walkway to the furthest projection of a finger float as measured from the center of two adjacent finger floats.

"Berth width" means the distance between two adjacent finger floats or, in the case of double berths, the width shall mean one-half the distance between two adjacent fingers. The width of a side tie shall be equal to the beam of the vessel.

"Business" includes all professions, trades, occupations and callings whether or not carried on for profit.

"California Boating Law" includes those provisions of the Harbors and Navigation Code: Chapter 1, Article 3.1 of Title 13 and Division 4, Chapter 1 of Title 14 of the California Administrative Code pertaining to the operation and registration of vessels, and Section 9840-9924 and 10550-10554 of the California Vehicle Code, and such other laws of similar import adopted from time to time.

"Chief of police" means the chief of police of Suisun City or his/her designee.

"Council" means the Suisun City council.

"Diagram A" means the sketch shown in Section 21.10.010 of this chapter.

"Diagram B" means the sketch shown in Section 21.10.020 of this chapter.

"Director" means the executive director of the redevelopment agency of the city.

"Finger float" means a floating structure connected to and extending from a walkway.

"Greywater" means the wastewater from a vessel (exclusive of toilet waste), such as water from a laundry, bath, shower, or sink which is not deleterious to the marina.

"Harbormaster" means the city manager of Suisun City or his/her designate as assigned to manage marina operations.

"Live aboard" means the use or occupancy of a vessel for living quarters either permanently or on a temporary basis for a period exceeding two nights or three days in any seven-day period.

"Major painting" means any painting other than "touching up" existing paint.

"Major repairs" means any construction, repair or replacement of structural members or portions of any boat, including repairs to the engine, gears, driveshaft, propeller or other propulsion system, other than routine repairs and maintenance.

"Manager" means the city manager of the city.

"Mooring" means affixing a vessel to any weight, chain, rope, floating object, structure or appliance used for the purpose of holding a vessel in a particular place. "Mooring" does not include affixing a vessel to an assigned berth in accordance with this chapter or anchoring with the vessel's anchor.

"Motorboat" means any vessel whose normal means of propulsion is by internal combustion, electric or mechanical engine, either inboard or outboard.

"No wake speed" means a speed at which the wake of a vessel is such so as not to present a danger to other vessels, but in no event will exceed five miles per hour.

"Overall length of vessel" means the distance from the farthest bow projection to the farthest stern projection.

"Overhang" means that portion of a vessel's overall length that protrudes beyond the end of the finger floats or over the walkway.

"Person" means and includes an individual; a receiver; a trustee; a partnership; joint venture's; a firm; an unincorporated association; a syndicate; a club; a trust; a private corporation; a public corporation; a municipal corporation; a county, state or national government; a municipal, county, state or federal agency, board or commission; whether acting for himself or itself, or in any representative capacity.

"Pier" means a structure extending into navigable water for use as a landing place or promenade.

"Promenade" means the marina public promenade as defined in Section 21.10.010.

"Registered length of vessel" means the certified length of vessel as determined by measuring from end to end over the deck, excluding the sheer.

"Sailboat" means any vessel whose normal means of propulsion is by sail.

"Side tie" means a place for a vessel to berth along one side of a walkway or finger float.

"Special event" means any event, festival, fair or celebration sponsored or permitted by the city and held upon or within the area designated as the Suisun City marina.

"Sub-lease" means a tenant that leases their vessel berth to another vessel owner.

"Short term rental" means renting vessel to another person for nightly accommodations.

"Suisun City marina" means the marina area operated as a municipal boat berth and launch ramp facility on the east and west shores of Suisun Channel and land areas as shown and defined in Section 21.10.010 and on Diagram A.

"Unauthorized vessels" means any vessel operating, berthed or moored with Suisun City marina without the permission of the harbor master, including, but not limited to, vessels operating between berths except when leaving or returning to their assigned berths.

"Vessel" means any vessel which may be propelled manually, by sails, or by means of an outboard or inboard engine. While under sail only, a vessel shall be subject to rules governing sailing craft; while under power, either with or without sails, a vessel shall be subject to the rules governing powerboats.

"Visitor dock" means those areas available for temporary public use as defined in Section 21.10.020.

"Walkway" means a floating structure for use as a walkway for access to and from berths and when attached to finger floats shall form a berth.

(Ord. 647 (part), 1999: Ord. 615 (part), 1999)

(Ord. No. 763, § 1, 7-30-2019)

A. The provisions of this chapter shall be administered and enforced by the director. The director, or his/her designated representative, shall perform the duties and responsibilities of the harbormaster as set forth in this chapter. The harbormaster shall have full authority to manage the city marina in accordance with the provisions of this chapter, other laws of the city, and applicable statutes of the state of California. The harbormaster, the chief of police, or his/her designees shall be responsible for the enforcement of the provisions of his chapter and any rules and regulations adopted pursuant to this chapter, including, but not limited to, the California boating laws.

B. Every vessel that has entered the city marina shall immediately become subject to the orders and direction of the harbormaster.

C. The harbormaster shall have the authority to designate the area in which any vessel shall be berthed and may require any vessel to change its berth in the city marina. If a vessel does not change berths as instructed by the harbormaster, it may be moved and towing charges assessed to the owner. No person shall leave a vessel at anchor in the city marina without the written permission of the harbormaster.

D. The harbormaster, at his/her discretion, shall have the right to refuse entry into the city marina of any vessel which is derelict, needing major overhaul, or violating this chapter or the California boating Laws.

E. Whenever any boat is in danger of being damaged, or damaging other boats or any marine facilities, the harbormaster shall be empowered to take such action as in his/her discretion as necessary for the protection of the boat, other boats or marine facilities.

F. The harbormaster is authorized to execute on behalf of the city all leases for berthing and mooring spaces within the city marina; provided, however, that all such leases shall be subject to the terms and conditions specified in this chapter in addition to the terms set forth in such leases.

G. The harbormaster and his/her designated agents are designated as boating safety officers and while on duty shall act as such officer for the city.

H. Subject to possessing (1) probable cause to believe that a violation of this chapter, or California law exists, (2) a properly issued warrant, (3) threat to safety or other exigent circumstances, or (4) permission of the lawful occupant of any vessel or structure that is leased to, or owned by, a person within the city marina, the harbormaster or any public safety officer are authorized and empowered to enter and inspect any pier, docked vessel, dock box, walkway, finger float or other structure within the city marina for the purpose of investigating a potential safety hazard and to take appropriate action to correct any situation which the officer or agent finds to be probable cause of imminent danger. It is unlawful for any person to molest any such officer or agent or refuse to allow him/her to enter such premises.

(Ord. 647 (part), 1999: Ord. 615 (part), 1999)