Vallejo Municipal Code Ch. 2.68 Marina Regulations

"Berth" means a space between floats, landings, piers, quays, or wharves used for the anchoring or mooring of a vessel. This term is synonymous with the term "slip."

(Ord. 136 N.C.(2d) § 1.01, 1973.)

"City council" means the council of the city of Vallejo.

(Ord. 136 N.C.(2d) § 1.02, 1973.)

"City manager" means the city manager of the city of Vallejo.

(Ord. 136 N.C.(2d) § 1.03, 1973.)

"Finance director" means the city auditor/finance director of the city of Vallejo, or his duly authorized representative.

(Ord. 136 N.C.(2d) § 1.04, 1973.)

"Float" means wharf, pier, quay, or landing.

(Ord. 136 N.C.(2d) § 1.05, 1973.)

"Harbormaster" means the public works director or his/her duly authorized representative.

(Ord. 1509 N.C.(2d) § 1, 2003: Ord. 136 N.C.(2d) § 1.06, 1973.)

"Lien," "possessory lien," or "possessory vessel lien" means a charge upon a vessel for the payment or satisfaction of a debt or obligation, enforceable by the city of Vallejo in the manner prescribed by law.

(Ord. 136 N.C.(2d) § 1.07, 1973.)

"Moor" means to tie up, anchor, or station any vessel within the Vallejo municipal marina and to leave said vessel untended for any period of time.

(Ord. 136 N.C.(2d) § 1.08, 1973.)

"Operator" means any person who, by ownership, hire, consent of vessel owner, or other lawful arrangement, has the right or privilege to operate a vessel in the Vallejo municipal marina, and who is responsible therefor.

(Ord. 136 N.C.(2d) § 1.09, 1973.)

"Person" means any person, firm, association, organization, partnership, business trust, or corporation, whether public or private, but does not include the city, its officers, agents and employees unless otherwise provided herein.

(Ord. 617 N.C.(2d) § 1, 1981: Ord. 136 N.C.(2d) § 1.10, 1973.)

"Public works director" means the public works director of the city of Vallejo.

(Ord. 136 N.C.(2d) § 1.11, 1973.)

"Renter" means any person who contracts with the city under the procedures established herein to rent a vessel berth or to obtain other accommodations or services in the Vallejo Municipal Marina. "Renter," as defined herein, includes any officer, agent, employee of the city or their families when acting in their individual capacity and not on behalf of the city.

(Ord. 617 N.C.(2d) § 2, 1981: Ord. 136 N.C.(2d) § 1.12, 1973.)

"Safekeeping" means to keep a vessel anchored or moored in a berth or slip, or to place a vessel in storage, at the Vallejo municipal marina for the purpose of protection or safety.

(Ord. 136 N.C.(2d) § 1.13, 1973.)

"Slip" means a space between floats, landings, piers, quays, or wharves used for the anchoring or mooring of a vessel. This term is synonymous with the term "berth."

(Ord. 136 N.C.(2d) § 1.14, 1973.)

"Storage" means to remove a vessel from water and place it on land within a location of safekeeping at the Vallejo municipal marina, or at another public or private facility.

(Ord. 136 N.C.(2d) § 1.15, 1973.)

"Tax and license collector" means the treasurer/tax and license collector of the city of Vallejo, or his duly authorized representative.

(Ord. 136 N.C.(2d) § 1.16, 1973.)

"Vallejo" means the city of Vallejo.

(Ord. 136 N.C.(2d) § 1.17, 1973.)

A. "Vallejo municipal marina," "Vallejo Marina," or "marina" consists of two facilities:

1. The small-watercraft harbor and related land and facilities owned by the city north of the Vallejo Yacht Club properties, south of the Mare Island Causeway, and to the west of Mare Island Way;

2. The small-watercraft harbor and boat-launching area, and related land and facilities owned by the city to the southwest of Curtola Parkway and its continuation into Mare Island Way.

B. The precise boundaries of the above facilities are more particularly delineated on the plat thereof prepared by the public works department, engineering division, dated July 2, 2003, entitled "Boundaries of Areas Regulated by Marina Ordinance," attached to the ordinance codified herein and made a part of this chapter of the code by this reference.

(Ord. 1509 N.C.(2d) § 1, 2003: Ord. 617 N.C.(2d) § 3, 1981: Ord. 136 N.C.(2d) § 1.18, 1973.)

"Vessel" means a watercraft of any kind.

(Ord. 136 N.C.(2d) § 1.19, 1973.)

"Waste matter" means every substance, thing or object which, by reason of its nature or condition, is of no demonstrable use to its owner or possessor and which cannot be sold or given readily to another person who will take possession of and remove it promptly.

(Ord. 136 N.C.(2d) § 1.20, 1973.)

The harbormaster shall enforce all statutes, ordinances, and all rules and regulations governing the use or enjoyment of the Vallejo municipal marina and the municipal marina parking lot areas. The harbormaster is vested with all police power necessary to protect property and the public peace, health and safety within the Vallejo municipal marina and the municipal marina parking lot areas.

(Ord. 964 N.C.(2d) § 1, 1988: Ord. 136 N.C.(2d) § 2.01, 1973.)

The authority of the harbormaster shall include, but not be limited to, the following:

A. To order and direct movement and, as needed, the relocation of each vessel in the marina;

B. To assign or reassign all berths, landing places, moorings, or slips. He/she shall assign berths or slips so that no vessel or object attached thereto shall extend at any time beyond the opening of the berth or slip;

C. To move at owner's or operator's expense any vessel which is not moved in compliance with his/her order;

D. To develop and implement, subject to the approval of the city manager, appropriate procedures consistent with this chapter to facilitate the efficient operation and maintenance of the marina;

E. To exercise, in the name of and on behalf of the city of Vallejo, all powers and rights vested with respect to the collection of debts, and the enforcement of liens, in the manner prescribed by law;

F. To prevent entry into the marina of any vessel which is unseaworthy, deteriorated, or in the judgment of the harbormaster, a hazard to navigation, other vessels, or the marina facilities, or which is unregistered or not currently registered when such registration is required by law, and to cause or compel the removal of any such vessel from the marina including those now berthed in the marina upon reasonable notice to the owner or operator thereof;

G. To prescribe and enforce rules supplemental to this chapter and consistent therewith which will control and regulate the use of utilities, such as water, electricity, sanitary facilities, and the like;

H. In addition to any other relief provided by the municipal code, the harbormaster may apply to a court of competent jurisdiction for injunctive relief to prohibit the continuation of any violation of this chapter. Such application for relief may include, but is not limited to, seeking a temporary restraining order, preliminary and/or permanent injunction.

(Ord. 1590 N.C.(2d) § 3, 2003: Ord. 136 N.C.(2d) § 2.02, 1973.)

The harbormaster shall take into custody any vessel, structure, timber, floating object, or property not lawfully present and found on or within the waters of the Vallejo Municipal Marina or shores adjacent thereto. He shall retain custody of such material having evident value for sixty days unless the lawful owner thereof claims it sooner. If the owner does not claim such property within sixty days and pay all charges incurred by Vallejo for the care and protection thereof, the harbormaster shall sell the same and apply the proceeds in the manner prescribed by law with respect to possessory liens.

(Ord. 136 N.C.(2d) § 3.01, 1973.)

It is unlawful and a trespass for any person who has not obtained berthage from Vallejo or otherwise been granted permission by the harbormaster to moor his or her vessel in the marina, to refuse or fail to remove said vessel and leave the marina promptly upon request of the harbormaster.

(Ord. 617 N.C.(2d) § 4, 1981.)

No person shall moor or permit to be moored within the Vallejo Municipal Marina any vessel which is unseaworthy, deteriorated, or, in the judgment of the harbormaster, a hazard to navigation, other vessels, or the marina facilities.

(Ord. 136 N.C.(2d) § 3.02, 1973.)

No person shall launch into or remove from the waters of the Vallejo Marina any vessel except at locations designated for that purpose by the harbormaster.

(Ord. 136 N.C.(2d) § 3.03, 1973.)

No person shall wilfully or carelessly destroy, damage, deface, or interfere with any public property within the Vallejo Municipal Marina. No person shall alter any berth or install or construct anything in the Vallejo Marina without prior written permission from the public works director. Alterations or additions shall be in harmony with the architecture and the overall plan of the Vallejo Marina.

(Ord. 136 N.C.(2d) § 3.04, 1973.)

All persons within the Vallejo Marina shall keep noise to a minimum between eleven p.m. and seven a.m. No person shall shout, talk loudly, play musical instruments, or operate other noise making devices or equipment (except in an emergency) upon a vessel within the Vallejo Marina between these hours. Violation of this section, after appropriate warning, will constitute sufficient cause for the harbormaster to order the removal of the vessel from its berthing space at the Vallejo Marina.

(Ord. 136 N.C.(2d) § 3.05, 1973.)

The owner of every vessel shall assume all risk of wage or loss of any kind to his vessel or other property while it is within the limits of the Vallejo Marina. Vallejo assumes no liability for loss or wage resulting from fire, theft, flood, storm, act of God, or negligence of any operator or other person.

(Ord. 136 N.C.(2d) § 3.06, 1973.)

Any person desiring to conduct a business or service for hire, fees, or other compensation within the Vallejo marina shall obtain a permit, agreement, or franchise approved by the city council.

(Ord. 136 N.C.(2d) § 3.07, 1973.)

No person shall operate or maintain any vessel or float in the Vallejo marina for the purpose of advertising without first having received a permit for such purpose from the harbormaster.

(Ord. 136 N.C.(2d) § 3.08, 1973.)

No person shall fish in the Vallejo municipal marina from any vessel, float, structure or roadway therein.

(Ord. 136 N.C.(2d) § 3.09, 1973.)

Applicants for berthage, or other accommodations and services shall apply on forms furnished by the harbormaster. The harbormaster shall process same in order of receipt, provided, however, that he will:

A. Reject applications pertaining to unregistered vessels and vessels which are not currently registered when such registration is required by law;

B. Rent lockers only to renters.

(Ord. 136 N.C.(2d) § 4.01, 1973.)

No renter of berthage or berth space shall sublease or underlet his berth in any fashion without the written consent of the harbormaster being first obtained. The harbormaster may require such information concerning the sublessee as is required of the lessee. No sublease or underletting of any berth shall be approved for a period exceeding six months, nor may the subrental for such berth exceed the then-applicable marina berth rates. Nothing in this section shall limit the city's remedies against the lessee or sublessee for any default or violation of the marina regulations by either party.

(Ord. 617 N.C.(2d) § 5, 1981: Ord. 444 N.C.(2d) § 1, 1978.)

Every renter shall notify the harbormaster prior to leaving his berthing space vacant for seven or more days.

(Ord. 136 N.C.(2d) § 4.02, 1973.)

Every person shall moor a vessel with proper care and shall use mooring equipment approved by the harbormaster.

(Ord. 136 N.C.(2d) § 4.03, 1973.)

Persons using facilities of the Vallejo Marina shall pay the rates, rentals, or fees established by resolution of the city council. Charges for continuing services and berthing fees are payable in advance and due on the first day of the period covered. Payments that are ten or more days delinquent shall incur a service charge equal to ten percent of the amount due for each month, or fraction thereof, of delinquency.

(Ord. 136 N.C.(2d) § 5.01, 1973.)

The tax and license collector shall issue bills for charges and fees, and collect billing payments. Remittances shall be made to the tax and license collector, or his duly authorized representative at the marina. The finance director shall devise, install and supervise operation of the system of accounting and collection.

(Ord. 136 N.C.(2d) § 5.02, 1973.)

Renters must cancel rental contracts in writing on forms supplied by the harbormaster not less than fourteen days prior to vacancy. Berthing charges for the entire month in which a notice of cancellation is received shall be charged unless such notice is given to the harbormaster on or before the fifteenth day of said month, in which case the charges will be prorated, but in no event shall less than fourteen days be charged.

(Ord. 617 N.C.(2d) § 6, 1981: Ord. 136 N.C.(2d) § 5.03, 1973.)

No person shall leave, cause or permit to be left, any waste matter anywhere in the Vallejo municipal marina except in containers or receptacles provided by Vallejo.

(Ord. 136 N.C.(2d) § 6.01, 1973.)

No person shall feed, or cause the feeding of, or leave food for any feral or undomesticated animal.

(Ord. 1509 N.C.(2d) § 6, 2003.)

No person shall discharge any solid or liquid wastes, including, sewage, oily bilge water, and other petroleum-based wastes into the waters of the Vallejo marina, or set adrift, or allow, cause or permit to go adrift, anything that is or might become obstructive or dangerous to navigation, other vessels, or the marina facilities.

(Ord. 1509 N.C.(2d) § 4, 2003: Ord. 136 N.C.(2d) § 6.02, 1973.)

No person shall leave, or allow to remain, waste matter of any kind in any vessel or any waste matter or property on the shores of the Vallejo municipal marina.

(Ord. 136 N.C.(2d) § 6.03, 1973.)

No person shall clean or process fish, shellfish, or game in the Vallejo marina, except at locations designated for that purpose by the harbormaster.

(Ord. 136 N.C.(2d) § 6.04, 1973.)

No person except operators, their guests, and those having permission from the harbormaster, shall go upon any float. No person twelve years of age or under shall go upon any float unless in the immediate presence of his parent or other responsible adult.

(Ord. 136 N.C.(2d) § 7.01, 1973.)

The public areas of the marina shall be open to the public daily from five a.m. until eleven p.m. and the marina shall be closed to all persons and no person shall be permitted to remain at the marina, except for marina renters, patrons of the restaurants or other concessions, employees, invitees or licensees of the foregoing between the hours of eleven p.m. and five a.m. the following day.

(Ord. 1509 N.C.(2d) § 7, 2003.)

No person shall live on board any vessel within the Vallejo marina. This prohibition against living on vessels shall not prevent the use of vessels in the Vallejo marina for eating and sleeping purposes for a period not to exceed three days in any seven-day period. One or more persons on board between the hours of one a.m. and six a.m. shall be considered as living aboard that night; unless the vessel was entering or leaving the Vallejo marina during that time.

The harbormaster may designate a limited number of berths as live aboard berths and shall prescribe and enforce rules and regulations supplemental to this section to regulate the issuance of live aboard permits.

(Ord. 1509 N.C.(2d) § 8, 2003.)

Every operator shall move his vessel at a speed of less than five statute miles per hour at all times within the limits of the Vallejo marina and never at a speed or in a manner beyond that of due caution.

(Ord. 136 N.C.(2d) § 7.02, 1973.)

No person shall maneuver or operate a vessel under the pedestrian access gangways from shore to the berths.

(Ord. 1509 N.C.(2d) § 9, 2003.)

No person shall swim in the Vallejo marina. The operator of a vessel or his agent or employee may, however, inspect the underwater portion of his vessel with prior permission of the harbormaster.

(Ord. 136 N.C.(2d) § 7.03, 1973.)

No person shall weld or use a cutting torch or other igniting device within the Vallejo marina without prior written permission from the harbormaster.

(Ord. 136 N.C.(2d) § 7.04, 1973.)

No person shall place or permit to remain on or across any float any vessel, hose, line or object which would restrict, block, or make hazardous pedestrian use of said float.

(Ord. 136 N.C.(2d) § 7.05, 1973.)

If vessels moored in the Vallejo marina are not maintained safely, the harbormaster may supply lines and fittings, or replace inadequate lines or fittings, and may care for the vessel in such a manner as to prevent damage, or injury. The harbormaster shall charge the renter for such service and for lines, fittings and materials supplied. The renter shall pay such charges at the end of the month in which materials or services were supplied. Materials supplied by the harbormaster are not returnable.

(Ord. 136 N.C.(2d) § 7.06, 1973.)

Each renter shall be given a copy of this chapter and shall acknowledge receipt thereof at the time he executes his berth rental contract, and the provisions of this chapter shall be incorporated in and made a part of such contract by appropriate reference.

(Ord. 136 N.C.(2d) § 8.01, 1973.)

The harbormaster may cancel and terminate the berth rental contract of any renter who violates any of the rules and regulations specified in this chapter, and may thereupon remove, or cause removal of, renter's vessel from its berthing space and, if the harbormaster deems it necessary, place same in storage at renter's expense, and relet said berthing space to another person.

(Ord. 136 N.C.(2d) § 8.02, 1973.)

The harbormaster shall enforce Vallejo's lien against any vessel upon which berthing fees or other charges for safekeeping, storage, repair work, or other services have been incurred and remain delinquent and owing to Vallejo for more than sixty days. Vessel liens shall be enforced either (1) by sale at public auction after proper notice in the manner prescribed in Article 4 (Sections 500-505), Chapter 2, Division 3 of the Harbors and Navigation Code if the lien is a possessory vessel lien, or (2) by court action and sale after judgment under writ of execution in the manner prescribed in Article 3 (Sections 490-497), Chapter 2, Division 3 of the Harbors and Navigation Code if the lien is a nonpossessory vessel lien and the underlying debt amounts to at least fifty dollars. Nothing in this section is intended to preclude Vallejo from exercising any other legal rights or seeking any other legal remedies, including small claims court action, available as a result of nonpayment of berthing fees or other charges incurred and owing Vallejo by reason of the use or enjoyment of the Vallejo municipal marina.

(Ord. 136 N.C.(2d) § 8.03, 1973.)

A. Within any parking lot area within the marina, no person shall stop, stand or park:

1. A vehicle for more than five consecutive days without the prior written approval of the harbormaster,

2. A boat trailer, with or without a boat thereon without the prior written approval of the harbormaster;

B. Within any parking lot area within the marina, no person shall occupy or use any vehicle for living or sleeping purposes without the prior written approval of the harbormaster.

(Ord. 964 N.C.(2d) § 2 (part), 1988.; Ord. No. 1823 N.C. (2d), § 1, 11-19-2019)

Within any parking lot area within the marina, no person shall, stop, stand or park a vehicle, boat or trailer, with or without a boat thereon: (A) Where an official traffic control device indicates that it is prohibited; (B) In any limited-time parking space for a number of consecutive minutes greater than the number of minutes legally permitted; (C) For the purpose of repairing or causing to be repaired, said vehicle, boat and/or trailer; (D) For the purpose of selling, or displaying for sale, said vehicle, boat and/or trailer.

(Ord. 1509 N.C.(2d) § 5, 2003: Ord. 964 N.C.(2d) § 2 (part), 1988.)

The city council may in its discretion designate by resolution, any areas within the municipal marina parking lots as a permit parking area in which only motor vehicles displaying a valid parking permit may stand or be parked in spaces therein which are so designated by signs or pavement markings which read 'Permit Parking Only." It shall be unlawful for any motor vehicle without a valid parking permit or any trailer to stand or be parked in said designated spaces. Said resolution shall also state the applicable parking regulations. The fees to be charged for permit issuance shall be established by city council resolution.

Parking permits shall be issued by the harbormaster or his/her designee, displayed in a manner determined by the harbormaster and shall be valid for one year or such other period of time as designated by the harbormaster from the date of issuance. No more than one parking permit shall be issued to each motor vehicle for which application is made. Permits may be renewed annually or for some other period of time as designated by the harbormaster upon reapplication in the manner required by the harbormaster. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant and the license number of the motor vehicle for which application is made, and such other information that may be deemed relevant by the harbormaster.

The harbormaster is authorized to revoke the parking permit of any person found to be in violation of this chapter and upon written notification thereof, the person shall surrender such permit to the harbormaster. Failure, when so requested, to surrender said parking permit so revoked, shall constitute a violation of law.

(Ord. 1509 N.C.(2d) § 10, 2003.)

Any vehicle, boat or trailer which is found in violation of Sections 2.68.510, 2.68.515(A) and 2.68.516 of the Vallejo Municipal Code is subject to removal pursuant to Section 8.12.030 of the Vallejo Municipal Code.

(Ord. 1509 N.C.(2d) § 11, 2003: Ord. 964 N.C.(2d) § 2 (part), 1988.)