HomeMy WebLinkAboutMINUTES - 01252005 - C13 w
BOARD OF SUPERVISORS ��:�- - -�---�.�
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• Federal D. Glover, Supervisor, District 5FROM: ,
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DATE: January25, 2005 ,,•
Co nt ySUBJECT: Vessels Ordinance
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SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
establish vessel sanitation and mooring ADOPT Ordinance No. 2005-02 to g regulations.
FISCAL IMPACT:
• t costs will depend on the number of ordinance
If the ordnance is ado ted, enforcemen
p
• d by liens on vessels removed from
v�olat�ons. Some enforcement costs ma be recovere
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waterways and stored by the Sheriff.
y
BACKGROUND:
to address severalproblems related to vesselsThe attached ordnance was developed
•t d of time,vessels moored in water`Na s for unlimieriods e p vessels used as houseboats or
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• proper ' and vessels that create harmful wakes while
liveaboards without san�tat�an devices,
• problems are articularl serious in the Delta. This
ratan near docks and. wharves. Thesep Yape g
• iswelfare of residents boaters, and users of
e intended to the health, safet and ,ord�nancY
• aesthetic value natural beauty, and scene of waters
Countywater<Na s rotect and enhance the aes scenery waterways;
within thejurisdiction of the protect and enhance the value of County waterways as a public
attraction and
recreation area regulate
Mate vessel sanitation; reduce the amount of pollution in County
waterways; 'improve water quality; prevent potential hazards to navigation; and prevent injuryto
persons and property. The attached ordinance includes revisions made to address concerns raised
meeting.at the December 7Supervisors . This ordinance was introduced on January 2004 Board of g
A summa of theproposed re ulations follows.
18, 2005. summary g
1. General Mooring,,,,Regulations
and anchorin
The ordinance establishes. mooring a g time limits for vessels. Under section
red at an location in the Countyfor more than g6
410 8.002 na vessel. ma be moored or ancho y
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CONTINUED ON ATTACHMENT: X YES SIGNATURE:
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E ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
15PROVE OTHER
SIGNATURE(.,
ACTION OF
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BOARD ON :APPROVE.AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT S } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISO ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:.
ATTESTED
CONTACT:Thomas L.Geiger,335-1813 J SWEETEN RK OF THE BOARD OF
ERVISORS D COUNTY ADMINISTRATOR
CC: Sheriffs Office,Marine Patrol Division
County Counsel
Building Inspection Department
Community Development Department
Health Services Department,Env.Health Div. BYie DEPUTY
HA20051Code Enforcement\WateMoard order3-adopt.wpd
Vessels Ordinance
January 25, 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.inas. 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,
as
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 and Floating 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 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
HA2005\Code EnforcementUateAboard order3-adopt.wpd
Vessels Ordinance
January 25, 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.
H:\2005\Code EnforcementMaterkboard order3-adopt.wpd
ORDINANCE NO. 2005-02
VESSEL SANITATION AND MOORING
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes
0
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 II. The title of Division 410.is amended to read:
Division 410
VESSELS AND WATER SAFETY
SECTION III. 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 structure99 means a structure that has the following characteristics:
(11
Xf 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.
ORDINANCE 2005-02
(3) It is designed and built to be used, or is modified to be used, or is used,, to serve
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 or
liveaboard 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.
ORDINANCE 2005-02
2
(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
fixed track or arm to 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.
40
(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, law. (Ords. 2005-
and meets all applicable provisions of state and
02 § 43, 69-50 §I (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 bylaw, 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 maybe exercised by a deputy
of the sheriff or by a person authorized by law, unless otherwise provided.
ORDINANCE 2005-02
3
1b
ti
(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.)
SECTION V1. 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 maybe
redeemed upon proof of ownership and payment of all costs incident to recovery,,movement,,
impounding, and storage, or maybe disposed of in accordance with Section 410-2.016 of this
code. (Ord. 2005-02 § 6.)
SECTION.V11. Section 410-2.016 is added to read:
410-2.016 Vessel Disposition.
(a) A vessel removed and stored by the sheriff maybe 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 IX,, to read:
ORDINANCE 2005-02
4
Chapter 410-4
SPEED ZONES
410-4.002 Speed Designated. The areas designated in this chapter and in Harbors and Navigation
Code section 655.2 are speed zones. No person shall operate any vessel, or permit it to be operated,
in a speed zone at a speed in excess of five miles per hour. (Ords. 2005-02 § 9, 69-50 §I (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 §I (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,, except for a personal watercraft,that is likely to be endangered by the wake of a
passing vessel, is a speed zone. (Ords. 2005-02 § 9, 69-50 §I (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 §I (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) Place, deposit or dump any garbage on or adjacent to the bulkheads, docks,piers, gangways,
or wharves 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
dock,pier, or gangway so as to create a hazardous condition that could cause accident or
injury; or cause any obstacles such as ladders,tools, canvas, vessels,boat gear, or other
materials or equipment to obstruct free passage along any dock,pier, or gangway; or create
any other hazardous condition on a dock,pier, or gangway that could cause accident or injury.
ORDINANCE 2005-02
5
(c) Leave or store on any dock,pier, gangway, 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 maybe 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 13 1; Harbors
and Navigation Code section 133; Harbors and Navigation Code section 780; Health and
Safety Code section 5411.5; Health and Safety Code section 117480; Health and Safety Code
section 117 5 15; or any other sanitation or pollution statute. (Ord. 2 005-02 § 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. The owner must immediately notify the sheriff of the sunken vessel and
provide all other notifications required by law.
(b) A vessel that is not properly marked, or a vessel where removal does not commence
immediately and is not completed 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. Except as otherwise permitted by this chapter, no vessel shall be
moored, anchored, grounded,placed, or otherwise located in any waterway for a period exceeding 96
hours. (Ord. 2005-02 § 12.)
410-8.004 Mooring Locations. A vessel, other than a houseboat or liveaboard, maybe moored at
the following locations to-the extent permitted by law:
(a) A permitted dock.
ORDINANCE 2005-02
6
(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 maybe 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:
(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.
(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 maybe 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) 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.
ORDINANCE 2005-02
7
t
(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:
(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.
ORDINANCE 2005-02
8
(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 maybe moored at a buoy in violation of Harbors and Navigation Code
section 307 or Harbors and Navigation Code section 308. (Ord. 2005-02 § 12.)
SECTION XIII. Section 410-6.010 of the County Ordinance Code is repealed in its entirety.
SECTION XIV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting for and
against it in the Contra Costa Times, a newspaper published in this County.
PASSED on jAWAgyc"25 2005 ,by the following vote:
AYES: SUPERVISORS GIOIA, PIEPHO, DESAULNIER, GLOVER AND UIT,KFMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NOTE ..
ATTEST: JOHN SWEETEN,
Clerk of the Board Boa f d Chair
and County Administrator
By: [SES.,]
eputy
TLG:
H:\2005\Code Enforcement\Water\vessel sanitation and mooring.final3.wpd
ORDINANCE 2005-02
9