HomeMy WebLinkAboutMINUTES - 01182005 - D5 (3) r'
" TO: BOARD OF SUPERVISORS ;- '..., . Contra
FROM: Federal D. Glover, p !Su ervisor District 5Costa
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DATE: January 18 2005
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SUBJECT: Vessels Ordinance
County
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
CONSIDER introducing Ordinance No. 2005-02 to establish vessel sanitation and mooring
regulations, waiving reading, and fixing January 25, 2005 for adoption.
FISCAL. IMPACT:
If the ordinance is adopted, enforcement costs will depend on the number of ordinance
violations. Some enforcement costs may be recovered by placing liens on vessels removed from
waterways and stored by the Sheriff.
BACKGROUND:
The attached ordinance was developed to address several problems related to vessels —
vessels moored in waterways for unlimited periods of time, vessels used as houseboats or
liveaboards without proper sanitation devices, and vessels that create harmful wakes while
operating near docks and wharves. These problems are particularly serious in the Delta. This
ordinance is intended to protect the health, safety and welfare of residents, boaters, and users of
County waterways; protect and enhance the aesthetic value, natural beauty, and scenery of waters
within the jurisdiction of the County; protect and enhance the value of County waterways as a public
attraction and recreation area; regulate vessel sanitation; reduce the amount of pollution in County
waterways; improve water quality; prevent potential hazards to navigation; and prevent injury to
persons and property. The attached ordinance includes revisions made to address concerns raised
at the December 7, 2004 Board of Supervisors meeting. A summary of the proposed regulations
follows.
1. General Mooring Regulations
The ordinance establishes mooring and anchoring time limit for vessels. Under section
410-8.002, no vessel may be moored or anchored at any in the County for more than 96
CONTINUED ON ATTACHMENT: X YES SIGNATUR .
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ATI N OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES):
____N.._,._________--------!..___ ._______ ______..NN_ 1.--------------.-__. ,.�--------- ACTION OF
BOARD O P OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT:Thomas L.Geiger,335-1813 J SWEETEN,C OF THE BOARD OF
ERVISORS AN OUNTY ADMINISTRATOR
CC: Sheriffs Office,Marine Patrol Division
County Counsel
Building Inspection Department
Community Development Department
Health Services Department,Env.Health Div. BY �' ` DEPUTY UTY
Vessels Ordinance
January 18, 2005
Page 2 of 3
BACKGROUND (continued):
hours, unless a different section of the vessels ordinance authorizes a different restriction. Section
410-8.006 allows any vessel except a houseboat or liveaboard to be moored at any dock or marina
as long as the dock or marina has proper permits. No time limit is specified for mooring at docks and
marinas. If a vessel is moored in a marina, it must comply with all permit conditions imposed upon
the permitted marina. Section 410-8.010 prohibits a property owner from allowing a vessel to be
moored on his or her property in violation of the vessels ordinance.
2. Houseboats and Liveaboards
The ordinance has similar mooring restrictions for houseboats and liveaboards, but these
restrictions also require any houseboat or liveaboard moored at an allowed location to have specified
sanitation equipment. A liveaboard is defined in the ordinance as a vessel capable of being used for
self-propelled navigation that is used or designed to be used for human habitation. A houseboat is
defined as a liveaboard that has a permanent enclosed superstructure with sleeping and cooking
facilities.
Under subsection (a) of section 410-8.008, a houseboat or liveaboard may be moored in a
permitted marina, as long as the houseboat or liveaboard has a legal marine sanitation device, has a
self-contained toilet or other self-contained sewage receptacle, or is legally connected to a permitted
public sewer system. Subsection (a) also requires a houseboat or liveaboard moored in a marina to
be capable of self-propelled navigation and to be moored in compliance with all applicable marina
permit conditions and applicable state and federal laws. No time limit is specified for mooring a
houseboat or liveaboard in a marina.
Under subsection (b) of section 410-8.008, a houseboat or liveaboard may be moored at a
dock, as long as the houseboat or liveaboard has a legal marine sanitation device or a self-contained
toilet or other self-contained sewage receptacle. Subsection (b) also requires a houseboat or
liveaboard moored at a dock to be capable of self-propelled navigation, not to obstruct navigation,
and to be moored in compliance with all applicable state and federal laws. No time limit is specified
for mooring a houseboat or liveaboard at a dock.
Under subsection (c) of section 410-8.008, a houseboat or liveaboard may be anchored in a
waterway for up to 30 consecutive days, as long as the houseboat or liveaboard has a legal marine
sanitation device or a self-contained toilet or other self-contained sewage receptacle. Subsection (c)
also requires a houseboat or liveaboard anchored in a waterway to be capable of self-propelled
navigation, not to obstruct navigation, and to be moored in compliance with all applicable state and
federal laws.
3. Floating Homes andFloatina Structures
The ordinance defines a "floating home" and "floating structure" as a stationary structure that is
incapable of being used for self-propelled navigation and is used or designed for purposes typically
associated with a land-based structure, such as a residence. The reason this definition is included in
the ordinance is to distinguish between vessels, which are regulated by the attached ordinance, and
floating homes, which are not regulated by this ordinance. Because floating homes are structures,
they are regulated by other sections of the Ordinance Code, including Title 8, zoning. The ordinance
also provides that a structure may be classified as a floating home or floating structure even if it is
registered as a vessel with the California Department of Motor Vehicles. (Section 410-2.004.) The
Sheriffs Marine Patrol Division and County Building Inspection Department have found that some
houses and other permanent structures built on docks or piers are registered as vessels with the
DMV, even though these stationary structures are incapable of being used as a means of
.transportation on the water.
4. Vessel Wakes
The ordinance also is intended to address problems caused by wakes from vessels operating
in designated speed zones. These problems include damage to docks, shorelines, and other
vessels. Existing designated speed'eed zones include Piper, Taylor, Sandmound, and Dutch sloughs
near Bethel Island, and Kellogg Creek and the waterways south of Indian Slough near Discovery Bay.
Section 410-4.004 of the proposed ordinance prohibits persons from operating a vessel in a speed
Vessels Ordinance
January 18, 2005
Page 2 of 3
zone in such a manner that the vessel's speed creates a wake that causes or raises a white crest
from the moving vessel.
The proposed ordinance applies to all waterways under the County's jurisdiction. These are
waterways located in the unincorporated area of the County. The sheriff is authorized to enforce the
vessels ordinance.
The proposed ordinance has been reviewed by the California Department of Boating and
Waterways. The department's comments have been incorporated into this ordinance. The
department has determined that the ordinance does not exceed the County's authority under Harbors
and Navigation Code section 660 to adopt regulations relating to vessels, and has concluded that the
ordinance's mooring restrictions do not violate the California Constitution.
The proposed ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) under CEQA Guidelines Section 15308, which exempts actions taken. by
regulatory agencies to assure the maintenance, restoration, enhancement or protection of the
environment.
ADDENDUM
D.5 January 18,2005
On this day, the Board considered introducing Ordinance No. 2005-02 to establish vessel sanitation and
mooring regulations, waiving reading, and fixing January 25, 2005 for adoption.
Sergeant Doug Powell, Sheriff s Office, presented the staff report and responded to questions of the Board,
with input from Counsel as needed.
Among the questions and issues:
It was clarified that the ordinance applied only to vessels. The ordinance does not regulate the location of
docks,that the time to remove an abandoned vessel issued a notice to remove by the sheriff is by current
practice 30 days, and upon failure of the owner to comply within the time specified on the notice, the sheriff
may immediately undertake abatement of the vessel.
It was noted that determination of a wrecked and abandoned vessel included examination of the vessel for
steerage,the presence of a motor/any working parts,, and whether the vessel is taking on water.
The sergeant notes that in regard to Section 410-6.018 (b) regarding cables, tools, equipment and
miscellaneous items obstructing passage on a walkway to a vessel, the intent is to promote safety. Properly
and safely connected service lines are acceptable.
The Chair invited the public to comment. The following persons presented testimony:
Bill Worrell, 1200 August Way,Antioch;
Alexander Montalvo,, 1200 Taylor Road, Slip 39, Bethel Island;
Tony Chapman, 3301 Wilbur Ave,Antioch;
Sheryl Alvernaz, 3665 Porter Circle, Bethel Island;
Mike Transchel, 836 Golf Club Circle, Pleasant Hill;
Clark Dawson, Driftwood Marina, 3205 Camby,Antioch;
Darlene Dawson,, Commodore of Sportsmens Yacht Club, 3205 Camby Road,Antioch;
J. Paul Sosnowski, PO Box 9, Bethel Island-,
Freda Lucido, Sportsmens Yacht Club, 4857 Venner Road, Martinez;
Amy Dawson, Sportsmens Yacht Club, 3205 Camby,Antioch.
The Chair returned the matter to the Board. Following further discussion, the Board took the following
actions:
INTRODUCED Ordinance No. 2005-02 with the following amendments:
1. Section 410-6.020 Sunken Vessels(a) , shall have a phrase added that the owner will notify
the Sheriff s Department
2. Section 410-6.020 Sunken Vessels(b), shall revise the removal/proper marking time for a
sunken vessel to read"immediately"
3. Section 410-8.002 General Restriction, for the mooring of vessels, shall be rewritten for
improved clarity
4. The instruction to"publish once' shall be changed to"publish four times"
DHIECTED that a cost estimate be obtained to determine the feasibility of inserting a copy of the adopted
ordinance in the mailing of the unsecured property tax notices; WAIVED the reading of the amended
ordinance; and FIXED January 25, 2005 for adoption.
01
ORDINANCE NO. 2005-02
VESSEL SANITATION AND.MOU'-'RR%sTG
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes
from the official text of the. enacted or amended provisions of the County Ordinance Code):
SECTION I. SUMMARY. This ordinance adds definitions.pertaining to.vessels, establishes
regulations to control vessel sanitation and pollution, establishes vessel mooring and anchoring
regulations, and establishes mooring and sanitation regulations for houseboats and liveaboards.
SECTION 11. The.title of Division 410 is amended to read:
Division 410
VESSELS AND WATER SAFETY
SECTION 111. Section 410-2.004 is repealed in its entirety and is replaced by new Section 410-
2.004, added by this Section III, to read:
410-2.004 Definitions. Unless the context otherwise requires, the words and phrases used in this
division have the meanings given them in Chapter 5 of Division 3 (Section 650 et seq.) of the California
Harbors and Navigation Code. The following words have the following meanings for purposes of this
division:
(a) "Floating home"or "floating structure"means a structure that has the following characteristics:
(1) It is.a stationary structure in, on, or above the water that is:
(A) permanently grounded; or
(B) supported by a flotation system and held in place by piling or mooring devices;
or
(C) placed on or otherwise affixed to a foundation, dock,piling, walkway,
gangway, pier,barge., or other permanent structure.
(2) It is incapable of being used for self-propelled navigation.
(3) It is designed and built to be used, or is modified to be used, or is used, to serve
ORDINANCE 2005-02.
purposes or provide.services.typically associated with a structure on or other
improvement to real property. The term "floating home" or "floating structure" includes
a structure that is used as a residence,place of business or office with public access,
hotel or motel, restaurant or lounge, clubhouse,.meeting facility, storage or parking
facility, mining platform, or similar facility or structure represented as such.
Incidental or limited movement of a structure upon water or resting partially or entirely on the
bottom does not preclude.the.structure from being classified as a floating home or floating
structure for purposes of this Ordinance Code. Registration of a structure as a vessel with the
California Department of Motor Vehicles does.not preclude the structure from being classified
as a floating home or floating structure for purposes of this Ordinance Code. A houseboat that
is.permanently moored or grounded and is incapable of self-propelled navigation is a floating
home for purposes of this Ordinance Code. Floating homes and floating structures are
expressly excluded from the definition of the term "vessel" provided in this section.
(b) "Garbage"has the meaning set forth in Health and Safety Code section 117475.
(c) "Houseboat"means a liveaboard that has either a pontoon or flat-bottomed hull configuration,
and has a permanent enclosed superstructure with sleeping and cooking facilities.
(d) "Liveaboard"means any vessel, supported by means of flotation and capable of being used for
self-propelled navigation, that is used or designed to be used or fitted out to be used for human
habitation.
(e) "Moor"means to.make fast, tie up, or otherwise secure.a vessel other than by anchoring.
"Moor"includes.to attach to.a dock,pilings,walkway,.gangway, pier, or other structure, or to
tie up to any natural object or feature.
(f) "Sewage"has the meaning set forth in Harbors and Navigation Code section 775.5(d).
(g) "Shore"means that part of the land in immediate contact with a waterway, including the area
between high-tide and low-tide marks.or between high-water and low-water marks.
(h) "To anchor"means to secure a vessel within a waterway by dropping an anchor, anchors, or
other ground tackle to the bottom of the waterway.
(i) "Vessel"means every description of watercraft used or capable of being used as a means of
transportation on the water, except: a seaplane on the water; or, a watercraft specifically
designed to operate on a permanently fixed course,the movement of which is restricted to a
ORDINANCE 2005-02
2
1 a
fixed track or arm Lo Which the.watercraft is attached or by Which the watercraft is controlled.
A"vessel" includes a barge, a dredge, a towboat and its tow, a houseboat, and a liveaboard.
(j) "Waterway"means.any water, lake river, creek canal lagoon bay, inlet slough channel or
tributary situated within the county, or any water area situated within the county providing
access for vessels from one.place.to another.. (Ord. 2005-02 § 4.)
SECTION IV. Section 410-2.006 is.amended to read:
410-2.006 Prohibitions.
(a) No person owning,possessing, or in charge of any vessel shall permit the vessel to be operated
or located in violation of this division.
(b) All houseboats and liveaboards are subject to all applicable provisions of this division and to all
other applicable provisions of this Ordinance Code and state and federal law.
(c) A floating home or floating structure is not allowed at any location in the County unless it meets
all applicable zoning, building, health, sanitation,.and other applicable provisions of this
Ordinance Code, and meets all applicable provisions of state and federal law. (Ords. 2005-
02 § 45 69-50 §1 (part), 1969).
SECTION V. Section 410-2.012 is added to read:
410-2.012 Enforcement.
(a) The County may enforce this division by any remedy allowed under this Ordinance Code or
any other remedy allowed by law, except that violations of state or federal law incorporated
into this division shall be enforced as provided for under the applicable law.
(b) The sheriff is authorized to enforce this division..
(c) Whenever this chapter grants a power to the sheriff, the power may be exercised by a deputy
of the sheriff or by a person authorized by law, unless otherwise provided.
(d) All notices and decisions issued by the sheriff pursuant to this division will be transmitted to the
registered vessel owner by first class mail and by posting at a conspicuous place on the vessel,
or by personal service by the sheriff. (Ord. 2005-02 § 5.)
ORDINANCE 2005-02
3
SECTION V I. Section/410-2..014.is.added to read:
410-2.014 vessel Removal.
(a) If the sheriff determines a vessel is moored or anchored in violation of this division, the sheriff
may issue a Notice to.Remove. The notice.will provide.a date.by which the vessel's owner
must remove the vessel from the waterway.
(b) If the vessel's owner does not remove the vessel or cause the vessel to be removed after
receiving a Notice to.Remove, the sheriff may remove and store the vessel. The vessel may be
redeemed upon proof of ownership and payment of all costs incident to recovery, movement,
impounding, and storage, or may be disposed of in accordance.with Section 410-2.016.of this
code. (Ord.. 2005-02. § 6.)
SECTION VII. Section 410-2.016 is added to read:
410-2.016 vessel Disposition.
(a) A vessel removed and stored by the sheriff may be disposed of in accordance with the
provisions of Article 4 of Chapter 2 of Division 3 of the Harbors and Navigation Code
(Boaters Lien Law). The owner of the vessel will be.civilly liable to the County for all costs,
fees, damages and expenses incurred by the County in removing, storing and selling the vessel.
These.costs are a lien upon the vessel and the proceeds of the sale.
(b) Wrecked and abandoned vessels are.subject to disposal in accordance with Chapter 3 of
Division 3 of the Harbors and Navigation Code. (Ord. 2005-02 § 7.)
SECTION VIII. Section 410-2.018 is added to read:
410-2.018 Charges. Charges imposed by the County for services under this division, including the
recovery, movement, impounding, and storage of vessels,will be in accordance with the Sheriff s
Department fee schedule adopted by the Board of Supervisors. (Ord..2005-02 § 8.)
SECTION IX. Chapter 410-4.is repealed and replaced by new Chapter 410-4, added by this
Section IN, to read:
Chapter 410-4
SPEED ZONES
410-4.002 Speed Designated. The areas designated in this chapter and in Harbors and Navigation
ORDINANCE 2005-02
4
Code.section 655.2 are speed zones. No person shall operate any vessel, or permit it to-e operated,
in a speed zone at a speed in excess of five miles per.hour. (Ords. 2005-02 § 9, 69-50 §1 (part),
1969).
410-4.004 Wakes. No person shall operate any vessel,.or permit it to be operated, in a speed zone in
such a manner that the vessel's speed creates a wake that causes or raises a white crest from the
moving vessel (Ords. 2005-02 § 9).
410-4.006 Slow area. Any area designated as a"slow area"by resolution of the board of supervisors
is a speed zone. (Ords. 2005-02 § 9, 69-50 §1 (part), 1969).
410-4.008 Near vessels sixteen feet or under. The area within 100.feet of any vessel 16 feet in
length or smaller likely to be.endangered by the wake of a passing vessel is a speed zone. (Ords.
2005-02 § 93 69-50 §1 (part), 1969).
410-4.010 Near swimming floats. The area within 200 feet of any swimming float or diving platform,
except special floats used for water skiing, is a speed zone. Special skiing floats shall be clearly
marked and permits.issued for their establishment, and the area of their use shall be designated by the
board of supervisors. (Ords. 2005-02 § 9, 69-50 §1 (part), 1969).
SECTION X. Section 410-6.018 is added to read:
410-6.018 Sanitation and Pollution. A person shall not do.any of the following:
(a) Discharge.or.deposit material of any kind on or adjacent to.the.banks, shores,.bulkheads,.piers,
wharves or beaches of any waterway where the material is likely to be washed or otherwise
deposited into a waterway by tides, floods, storms,waves, or accidental displacement.
(b) Cause any mooring line, water hose,.electrical cable or other service.line to extend across a
main walkway to a vessel, or cause any obstacles such as ladders, tools, canvas, vessels, boat
gear, or other materials or equipment to obstruct free passage along any walkway, finger float
or gangway,.or create any hazardous condition that could cause.accident or injury.
(c) Leave or store on any dock, float, or wharf of a waterway any empty tanks or containers
previously used for flammable or combustible liquids, unless free from explosive vapors, except
that empty safety containers may be kept in storage.
(d) Violate any of the following sanitation and pollution statutes: Fish and Game. Code section
5650; Fish and Game Code section 5652; Harbors and Navigation Code section 131; Harbors
and Navigation Code section 133;Harbors and Navigation Code section 780; Health and
ORDINANCE 2 005-02
5
Safety Code section 5z-'+1'1.5; Health and Safety Code section 117480; Health and Safety Code
section 1175150 or any other sanitation or pollution statute. (Ord.. 2005-02 § 10.)
SECTION XI. Section 410-6.020 is added to read:
410-6.020 Sunken Vessels.
(a) Whenever a vessel is sunk in a waterway, the owner must mark the vessel immediately with a
buoy or daymark during the day and with a light at night, in accordance with Title 33 Code of
Federal Regulations,Part 64. The markings must be maintained until the sunken vessel or
obstruction is removed. Removal of the vessel must commence immediately and be completed
in a timely manner.
(b) A vessel that is not properly marked or is not removed in a timely manner is subject to removal,
storage, and disposal in accordance with Section 410-2.014. (Ord. 2005-02 § 11.)
SECTION XII. Chapter 410-8 is repealed in its entirety and is replaced by new Chapter 410-8,
added by this Section XII, to read:
Chapter 410-8
MOORING REGULATIONS
410-8.002 General Restriction. No vessel shall be moored, anchored, grounded, placed, or
otherwise located in any waterway for a period exceeding 96 hours, except as otherwise permitted by
this chapter. (Ord.. 2005-02. § 12.)
410-8.004 Mooring Locations...A vessel, other than a houseboat or liveaboard,may be moored at
the following locations to the extent permitted by law:
(a) A permitted dock.
(b) A permitted marina,provided the vessel is moored in compliance with all applicable permit
conditions imposed on the marina.. (Ord. 2005-02 § 12.)
410-8.006 Houseboats and Liveaboards.
(a) A houseboat or liveaboard may be moored in a permitted marina if all of the following
requirements are met:
(1) The houseboat or liveaboard is equipped with one of the following:
ORDINANCE 2005-02
6
(A) An operable.Coast Guard certified marine sanitation device.
(B) Aself-contained portable toilet or other on-board portable sewage reception
system that prevents.the overboard discharge of treated or untreated
excrement, sewage, or other waste matter or contaminant of any kind.
(C) A legal connection to a permitted public sewer system.
(2), The houseboat or liveaboard is capable of self-propelled navigation.
(3) The houseboat or liveaboard is moored in compliance with all applicable permit
conditions imposed on the marina.
(4) The houseboat or liveaboard is moored in compliance with all applicable state and
federal laws.
(b) A houseboat or liveaboard may be moored at a permitted dock to the extent permitted by law
if all of the following requirements are met:
(1) The houseboat or liveaboard is equipped with one of the following:
(A) An operable Coast Guard certified marine sanitation device.
(B) Aself-contained portable toilet or other on-board portable sewage reception
system that prevents the overboard discharge of treated or untreated
excrement, sewage, or other waste matter or contaminant of any kind.
(2) The houseboat or liveaboard is capable of self-propelled navigation.
(3) The houseboat or liveaboard does not obstruct navigation.
(4) The houseboat or liveaboard is moored in compliance with all applicable state and
federal laws.
(c) A houseboat or liveaboard maybe anchored in a waterway for up to 30 consecutive days if all
of the following requirements are met:
(1) The houseboat or liveaboard is equipped with one of the following:
ORDINANCE 2005-02
7
(A) An operable Coast Guard certified marine sanitation device.
(B) A self-contained portable toilet or other on-board portable sewage reception
system that prevents the overboard discharge of treated or untreated
excrement, sewage, or other waste matter or contaminant of any kind.
(2) The houseboat.or liveaboard is capable.of self-propelled navigation.
(3) The houseboat or liveaboard does not obstruct navigation.
(4) The houseboat or liveaboard is moored in compliance with all applicable state and
federal laws.
(Ord. 2005-02 § 12.)
410-8.008 Property Owners. No person shall cause or allow a vessel to be moored to,his or her
property in violation of this chapter. (Ord. 2005-02 § 12.)
410-8.010 Services. No person shall furnish or supply electrical service,natural gas or fresh water,
or provide a sewer connection,, to.any vessel moored in violation of this chapter. (Ord. 2005-02 §
12.)
410-8.012 Equipment.
(a) Any vessel moored or anchored shall be moored or anchored in such a manner to prevent
breakaway resulting in sanitation damage or pollution. .
(b) Mooring lines at docks and marinas shall be installed in a manner that will maintain a moored
vessel within its berth and prevent the vessel from posing a safety hazard to the berth or to
adjoining vessels. (Ord. 2005-02 § 12.)
410-8.014 Lights. Any vessel anchored or moored between sunset and sunrise shall display lights as
prescribed by federal and state laws,rules and regulations regarding anchor lights in inland waters.
(Ord. 2005-02 § 12.)
410-8.016 Buoys. No vessel may be moored at a buoy in violation of Harbors and Navigation Code
section 307 or Harbors and Navigation Code section 308. (Ord. 2005-02 § 12.)
ORDIN
TANCE 2005-02
8
SECTION I. Section 410-6.010 of the County Ordinance Code is repealed in its entirety.
SECTION XIV, EFFECTIVE DATE. This ordinance becomes effective 30 s after passage,
and within 15 days after passage shall be published once with the names of s, ervisors voting for and
against it in the Contra Costa Times, a newspaper published blished in this Cou
PASSED on by the foil ing vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST; JOHN SWEETEN,
Clerk of the Board Board Chair
and County Ad nistrator
By*- [SEAL]
D uty
TLG:
H-12005\Code orcementMaterWessel sanitation and mooring.finall wpd
ORDINANCE 2005-02
9
Minutes of the Ordinance#2004-44 Meeting!January 2,2005
The meeting was called to order at 19:05 Hours by Sportsmen Yacht Club Commodore Darlene
Dawson who did a roll call of 50 plus representatives of the various Clubs and Organizations in
attendance.
They were as follows:
Ebony Boat Club
Driftwood Yacht Club
Solano Yacht Club
Delta Marina Yacht Club
Mariner Cove Marina
Antioch Marina
Department of Boating& Waterways
Press&Post News Group
Sportsmen Yacht Club
Oyster Point Yacht Club
Beacon Harbor Mar*
Bridge Marina Yacht Club
Discovery Bay Yacht Club
San Joaquin Yacht Club
Discovery Bay Yacht Sales
The group also included people,from PICYA, Blue Gavel, and a number of concerned boaters
from the local communities at large who were not affiliated with any of the organizations.
The meeting was then turned over to Bill Worrell who explained the history and general meaning
of the various drafts that have been proposed by the county. He then explained in detail what the
current "Vessel Sanitation and Mooring Ordinance#2004-44"means to boaters.
Bill explained that since there are already laws that cover most everything in the latest draft, why
do we need it at all?There was a general response from the attendees that it's just an ordinance
to harass and levy additional taxes on boaters through fines.
A round table discussion followed with comments like:
The language is not clear anchoring and mooring time limits
Speed zones are ill defined
Most of these laws are already on the books
The "live aboard" language in the draft is over extended
Harbor Masters are concerned if they will somehow be liable
Harbor Owners are concerned if they will somehow be liable
Could double fining be levied at both harbor owners and harbor masters
How is the sanitation supposed to be addressed when you take your boat to another harbor.?
"Vessel" is not well defined, could it be a dock sitting on flotation?
Does this give the Sheriff authority to board and inspect your boat after 6 weeks on the water?
The laws already states that you must be 3 miles off shore to dump
Boaters wanted derelict vessels removed, not more legislation to fine active boaters
Frustration that more boating organizations were not consulted when drafting this ordinance
There was discussion about AB 1014 drafted by Joe Cancimilla years ago.
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This ordinance over-defines all maritime vessels in the delta instead of simply addressing the
derelict boat problem at Bethel Island.
It was brought to everyone's attention that RBOC is supposed to present legislation for abandon
vessels this year that will be far better then this ordinance.
Boaters want Federal Glover to be more"approachable"by boating organizations to work out
sound laws.
We were told that Sheriff Doug Powell is pressing for this legislation, which lead to an incident
told by a Bethel Island resident that the Sheriff falsely told them it was against the law to launch
their houseboat.
We were told that the county considers this draft to be a"done deal" and they are going to ass it
�, g p
on Tuesday the 18 .
Some attendees wondered if this bad legislation is hurriedly being passed because it could
somehow be "connected"to receiving federal funds.
It was generally decided that our representatives will pay attention to our dissatisfaction with this
ordinance if we draft and send a letter stating such and make an effort to attend the meeting on
the 18th to voice our concerns.
Meeting was adjourned at 2200 hours
Respectfully Submitted,
Chuck Carroll
Vice Commodore, Sportsmen Yacht Club