Tiburon Municipal Code Ch. 33 Watercraft Regulation

Local use regulation of watercraft in the waters of this state are authorized by sections 268 and 660 of the California Harbors and Navigation Code in the areas of time-of-day restrictions, speed zones, special-use areas, and sanitation and pollution control.

The purpose of this chapter is to reduce existing conflicts and limit potential conflicts between uses of the shoreline waters, estuaries and coastline of the town, eliminate adverse impacts to the diverse and unusual species found in these areas, promote overall public safety, and decrease hydrocarbon pollution that is disproportionately caused by personal watercraft. A further purpose of this chapter is to assist the County of Marin in protecting and preserving its shoreline areas by promoting consistent regulation of such areas in the county.

Conflicts between uses have the potential to increase in the future because of increasing use of the town's marine waters as well as use and development of shoreline areas. Examples of conflicts that currently occur in addition to fish, marine mammal and wildlife habitat disruption are those between personal watercraft and individuals engaged in water sports such as kayaking, windsurfing, swimming, and canoeing, due to the nature and design of personal watercraft including high maneuverability, high speed, ability to travel in shallow areas, and noise patterns that are unique and annoying.

These same unique characteristics of personal watercraft also cause conflicts between shoreline uses in areas zoned for residential and open space activities.

(Ord. No. 480 N.S. § 2 (part))

As used herein, the following terms have the following meanings:

"Personal watercraft" means a vessel as defined in California Harbors and Navigation Code section 651(s) that is less than twelve feet in length, propelled by machinery, that is designed to be operated by a person or persons sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

"Special-use area" means all or a portion of a waterway that is set aside for specified uses or activities to the exclusion of other incompatible uses or activities.

"Vessel" means every description of watercraft used or capable of being used as a means of transportation on water, except either of the following:

(1) A seaplane on the water;

(2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed tract or arm to which the watercraft is attached or by which the watercraft is controlled.

(Ord. No. 480 N.S. § 2 (part))

(a) Use and operation of personal watercraft in the area designated in subsection (b) of this section as a special use area is incompatible with competing uses and is therefore prohibited.

(b) For the purposes of this chapter, the special use area shall consist of all waters within the territory of the town accessible from a shoreline. This includes, without limitation, those portions of Richardson Bay and San Francisco Bay within the town's corporate limits, as more specifically shown on Exhibit A of Ordinance 480 N.S., which is incorporated herein by reference

In the event that another regulatory authority has exclusive jurisdiction over any of the shoreline of the special use area, the special use area shall begin at the boundary of the shoreline under the jurisdiction of the town.

(c) The regulations contained in this chapter shall not apply to any motorized vessel or personal watercraft owned, operated or controlled by the United States, any California State agency or by any local government agency within Marin County engaged in bona fide emergency or rescue operations or other operations conducted solely to protect public health and safety.

(Ord. No. 480 N.S. § 2 (part))

If any officer, department or agency of the town constructs a recreational boat launch facility with funds provided pursuant to 26 U.S.C. 9504(b)(2), or other state or federal funds which require that personal watercraft be permitted, the responsible officer, department or agency shall designate, and the town council shall confirm by resolution, an access corridor for personal watercraft from the facility and through the special use area. The responsible officer, department or agency shall notify the town manager prior to entering into any commitment to construct any facility covered by this section.

(Ord. No. 480 N.S. § 2 (part))

Any violation of this chapter shall be deemed an infraction punishable upon a first conviction by a fine of not more than one hundred dollars, and for a second conviction, within a period of one year, by a fine not exceeding two hundred dollars, and for a third or any subsequent conviction within a period of one year by a fine not exceeding five hundred dollars. The chief of police is authorized to enter into a memorandum of understanding or other agreement with the County of Marin allowing the Marin County Sheriff's Office to enforce this chapter.

(Ord. No. 480 N.S. § 2 (part))