Article 4 — Regulations Concerning Speed and Safety

6404-1 - Speed limit rules.

(a)

No owner, operator or person in command of any vessel shall operate or permit a vessel to be operated within the Harbor at a speed in excess of five (5) miles per hour.

(b)

No person shall operate or permit to be operated a vessel at any speed that creates an unnecessary or excessive wake.

(c)

No person shall use any vessel or manipulate water skis, an aquaplane, or a similar device in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(d)

No person shall operate or permit to be operated a vessel at any speed that shows a willful or wanton disregard for the safety of persons or property taking into consideration the visibility and weather conditions occurring at that time.

(Ord. No. 4439, 8-9-2011)

6404-2 - Swimming and bathing.

No person shall swim or bathe in the Harbor except within those areas designated for bathing and swimming by the Director as indicated on Exhibits A and B attached hereto.

(Ord. No. 4439, 8-9-2011)

Editor's note— Exhibits A and B, referenced above, are set out at the end of this chapter.

6404-3 - Races and exhibitions.

It is unlawful for any person to conduct or take part in any race, demonstration, exhibition, or contest of any kind that interferes with the free and easy uses of the Harbor, unless a written permit has first been procured from the Director.

(Ord. No. 4439, 8-9-2011)

6404-3.1 - Permits.

No person shall sponsor an organized event on the navigable waters of the Harbor or Outer Harbor, beaches, public areas, or private leasehold areas within the Harbor without first obtaining a permit from the Director.

6404-3.1.1 - Organized events on land include, but are not limited to, weddings, car shows, memorial services, markets, art shows, performance programs, events that involve rental equipment, or gatherings where ten (10) or more persons are expected to attend. 6404-3.1.2 - Organized events on water include, but are not limited to, competitions, boat shows, boat operation training, group boating, or any other similar activity involving two or more vessels that has the potential to impede traffic in the waterways of the

Harbor, Outer Harbor, or beaches.

(Ord. No. 4439, 8-9-2011)

6404-3.2 - Application for permits.

Any person wishing to sponsor or hold a race or exhibition on the navigable waters of the Harbor must first make application to the Director for a permit to engage in such activity. The permit application must be submitted at least ten (10) days prior to the earliest date on which the applicant proposes to engage in the specified activities and shall set forth:

(a)

The names and addresses of each of the applicants;

(b)

The proposed dates, times, and location for the activities;

(c)

A detailed description of the activity requested, (e.g. wedding, boat parade, car show, etc.);

(d)

A diagram showing the proposed location and its relation to the remainder of the Harbor; and

(e)

Any request that the above-stated 10-day period required for the submission of applications for such permits be, in the sole discretion of the Director, shortened.

(Ord. No. 4439, 8-9-2011)

6404-3.3 - [Designated hours.]

Unless the permit otherwise specifies, the activities specified in Section 6404-3.2 shall be allowed only between the hours of 9:00 a.m. and 6:30 p.m., and only on such days as shall be designated by the Director in the permit.

(Ord. No. 4439, 8-9-2011)

6404-3.4 - [Buoys and safety boats.]

All race or exhibition courses shall be adequately marked with buoys and, if required by the Harbor Director or the nature of the activity, safety boats. The adequacy of such markings and safety boats shall be determined by the Director.

(Ord. No. 4439, 8-9-2011)

6404-3.5 - [Distance from boating public.]

All race or exhibition courses shall be so marked and situated as to allow at least one hundred (100) feet of unobstructed navigable waters between such marks and the farthest extended pier along the shoreline adjacent to such events, in order to ensure free passage for the boating public.

(Ord. No. 4439, 8-9-2011)

6404-3.6 - [Inspection.]

The Director shall inspect or cause to be inspected all courses and markings to determine whether they comply with all provisions of this ordinance and with the requirements of the permit issued by the Director pursuant to this ordinance.

(Ord. No. 4439, 8-9-2011)

6404-3.7 - Muffler system.

Vessels, including motorboats, engaging in any activity or event permitted under the terms of this ordinance may, subject to the regulations herein set forth and any applicable permit, engage in such events with vessels not equipped with a muffler system.

(Ord. No. 4439, 8-9-2011)

6404-3.8 - [Trial or practice runs.]

Each permit issued for any trial or practice runs shall designate the area where the permittee may conduct such runs. The permittee and permitted vessel shall proceed, at a safe speed and in a reasonable manner, directly to such area using the shortest possible route, having in mind other traffic then present in the waters of the Harbor and along the shoreline.

(Ord. No. 4439, 8-9-2011)

6404-3.9 - Owner's responsibility.

It shall be unlawful for any person owning, possessing, or in charge of any vessel to knowingly permit such vessel to be operated in violation of any of the provisions of this Ordinance or permits issued hereunder.

(Ord. No. 4439, 8-9-2011)

6404-3.10 - Appeal.

Any permit applicant shall have the right to appeal the denial or conditioning of a permit to the County Executive Officer. Such appeal may be taken by filing an appeal with the Clerk of the Board within ten (10) days from the date the Director denied or issued the conditioned permit. The Clerk of the Board shall notify the Director of any such appeal. Thereafter, after consultation with the County Executive Officer, the Clerk shall set a date, time, and place for a hearing on the appeal and shall notify the appellant and Director thereof. The decision of the County Executive Officer shall be final and conclusive. There shall be no appeal to the Board of Supervisors.

ed permit. The Clerk of the Board shall notify the Director of any such appeal. Thereafter, after consultation with the County Executive Officer, the Clerk shall set a date, time, and place for a hearing on the appeal and shall notify the appellant and Director thereof. The decision of the County Executive Officer shall be final and conclusive. There shall be no appeal to the Board of Supervisors.

(Ord. No. 4439, 8-9-2011)

6404-4 - Launching vessels from a vehicle.

No person shall use a motor vehicle to launch or retrieve a vessel on or from a Harbor launch ramp unless the vessel trailer is attached directly to the control vehicle or attached to the control vehicle by a piece of solid material. See also subdivision (g) of Vehicle Code Section 21712, which provides that a person shall not drive a motor vehicle that is towing a trailer coach, camp trailer, or trailer carrying a vessel, containing a passenger, except when a trailer carrying or designed to carry a vessel is engaged in the launching or recovery of the vessel.

(Ord. No. 4439, 8-9-2011)

6404-5 - Operating near swimmers or bathers.

No person shall operate any vessel or aquaplane within one hundred (100) feet of any bathers or swimmers, or in any areas designated by the Director for bathing and swimming, without a permit from the Director.

(Ord. No. 4439, 8-9-2011)