Title 18
MARINA REGULATIONS
Chapters:
18.02 Definitions
18.04 Harbormaster
18.06 Berthing
18.08 General Regulations
18.10 Lodging
18.20 Fishing
18.40 Solicitation Restrictions
18.60 Parking Restrictions
18.80 Vessel Registration and Inspection
18.100 Vessel Traffic
18.110 Children and Visitors
18.200 Accident Reports
18.300 Penalties
Chapter 18.02
DEFINITIONS
Sections:
18.02.010 Generally.
18.02.020 Brisbane Marina.
18.02.040 Harbormaster.
18.02.060 Live aboard.
18.02.080 Vessel.
18.02.010 Generally.
For the purposes of this title, certain words and terms used in this title are defined in this chapter. Words used in the present tense include the future; words in the singular number include the plural; and words in the plural number include the singular unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory.
(Ord. 273 § 1(part), 1981).
18.02.020 Brisbane Marina.
"Brisbane Marina" means the area designated as such on that map so entitled, incorporated herein by reference, which map is on file in the office of the city clerk.
(Ord. 273 § 1(part), 1981).
18.02.040 Harbormaster.
"Harbormaster" means the Brisbane Marina services director or his duly authorized representative.
(Ord. 518 § 1, 2007: Ord. 273 § 1(part), 1981).
18.02.060 Live aboard.
"Live aboard" means the use or occupancy of a boat for overnight accommodations for more than three nights in a seven-day period.
(Ord. 273 § 1(part), 1981).
18.02.080 Vessel.
"Vessel" means every type of watercraft used or capable of being used as a means of transportation on the water.
(Ord. 273 § 1(part), 1981).
Chapter 18.04 Sections:
18.04.010 Harbormaster authority.
18.04.010 Harbormaster authority.
A. The harbormaster, acting under the orders and jurisdiction of the city, shall have full authority in the interpretation and enforcement of all pertinent rules and regulations, and all orders given in the performance of his duties shall be obeyed.
B. Every vessel entering the Brisbane Marina shall immediately become subject to the authority and direction of the harbormaster.
C. The harbormaster is responsible for the safe and smooth operations of the Brisbane Marina and may request anyone within the marina area to conform to any reasonable requests even though not written in the rules and regulations. All state and local laws are in effect within the Brisbane Marina and the harbormaster has the power to enforce them.
(Ord. 273 § 1(part), 1981).
Chapter 18.06 Sections:
18.06.010 Applications.
18.06.020 Denial of applications.
18.06.030 Exchange of berths.
18.06.040 Change of berths and waiting lists.
18.06.050 Reassignment of berths.
18.06.060 Transfer of berths upon boat sale.
18.06.070 Subletting.
18.06.080 Unauthorized berth occupancy.
18.06.100 Storage of row boats and dinghies.
18.06.110 Berthing rates and service charges.
18.06.120 Nonpayment of charges.
18.06.130 Release of assigned facilities.
18.06.010 Applications.
Applications for berthing space shall be made to the harbormaster on the form furnished by the harbormaster. Approval of an application to moor a vessel within the Brisbane Marina does not include exclusive right to any particular berthing location. Vessels may be relocated within the Brisbane Marina when such relocation is required to insure public safety or is in the best interests of marina operations as determined by the harbormaster.
(Ord. 273 § 1(part), 1981).
18.06.020 Denial of applications.
The harbormaster shall deny an applicant an original or renewal license agreement and shall deny prospective transferee or assignee a transfer or assignment of an existing license agreement if there is reasonable evidence demonstrating that the applicant is not able financially or for other reasons to perform his part of the license agreement.
(Ord. 518 § 2, 2007: Ord. 273 § 1(part), 1981).
18.06.030 Exchange of berths.
Licensees may exchange berths only when mutually agreeable and approved by the harbormaster in writing.
(Ord. 518 § 3, 2007: Ord. 273 § 1(part), 1981).
18.06.040 Change of berths and waiting lists.
Requests for changes in berthing by licensees must be in writing. If a berth is available, it may be assigned. If no assignment is made, the licensee will be put on a berth change waiting list.
(Ord. 518 § 4, 2007: Ord. 273 § 1(part), 1981).
18.06.050 Reassignment of berths.
A licensee who sells his vessel and purchases a replacement vessel may be reassigned to the next available appropriate berth.
(Ord. 518 § 5, 2007: Ord. 273 § 1(part), 1981).
18.06.060 Transfer of berths upon boat sale.
A licensee who sells his vessel cannot transfer the berth to the purchaser unless the request is in writing and approved by the harbormaster.
(Ord. 518 § 6, 2007: Ord. 273 § 1(part), 1981).
18.06.070 Subletting.
Subletting by licensees is not permitted and is grounds for action by the harbormaster to immediately terminate the license agreement and cause the forfeiture of any advance payments and/or future rights to a license agreement. The city retains the right to sublease berths that are temporarily vacated for periods of short duration. A licensee shall notify the harbormaster of his/her intent to temporarily vacate the berth for a period in excess of seven (7) days. A portion of all charges received from such subleasing by the city shall be credited to the permanent licensee.
(Ord. 518 § 7, 2007: Ord. 283 § 1, 1982: Ord. 273 § 1(part), 1981).
18.06.080 Unauthorized berth occupancy.
Unauthorized berth occupancy is prohibited. The harbormaster is authorized to move, secure and/or impound any vessel occupying an unauthorized berth.
(Ord. 273 § 1(part), 1981).
18.06.100 Storage of row boats and dinghies.
Storage of row boats and dinghies, owned by licensees of berths, when not kept on board the owner's vessel, may be kept in the water at the end of the licensee's berth in such a manner that no part extends beyond the limit of the berth. Row boats and dinghies may not be stored on piers, fingers or other public property except that they may be stored in designated space provided especially for such purpose.
(Ord. 518 § 8, 2007: Ord. 273 § 1(part), 1981).
18.06.110 Berthing rates and service charges.
A. Rates for service, rent and fees shall be established by resolution of the city council of the city and shall be set at rates sufficient so as to preclude the necessity of subsidization of the marina by general fund revenues.
B. All charges are due and payable in advance and shall become delinquent on the first day of the month.
C. Delinquent accounts shall have a late charge added thereto.
D. Fees shall be charged for berth length or length of vessel whichever is greater except as specifically exempted by resolution of the city council.
E. All unpaid charges shall become a lien upon the vessel in favor of the city.
(Ord. 273 § 1(part), 1981).
18.06.120 Nonpayment of charges.
A. Space assignment for which fees are sixty (60) days delinquent may be cancelled and the space relet.
B. No person shall remove or cause to be removed from the Brisbane Marina any vessel upon which fees and charges are in arrears until said charges are paid in full or the vessel is released by the harbormaster.
C. No person shall wilfully give false information to the harbormaster or any other person in order to secure the removal of a vessel upon which charges are in arrears. The harbormaster may take any reasonable action necessary to prevent the removal of such a vessel including, but not limited to, locking the ignition or securing the vessel to its berth.
(Ord. 273 § 1(part), 1981).
18.06.130 Release of assigned facilities.
The harbormaster shall be notified in writing at least thirty (30) days in advance of the lessee's intent to vacate an assigned space.
(Ord. 273 § 1(part), 1981).
Chapter 18.08 Sections:
18.08.010 Disposing of refuse or other matter.
18.08.020 Hazardous conditions.
18.08.030 Vessel maintenance.
18.08.040 Unnecessary disturbances.
18.08.060 Establishment and promulgation of additional rules.
18.08.010 Disposing of refuse or other matter.
A. No person shall throw, discharge, deposit or leave any material, liquid or solid, be it refuse, sewage, contaminated bilge water, or any waste or other matter of any description upon or into the water, banks, walls, piers, floats or grounds within the boundaries of the Brisbane Marina.
B. No person shall clean fish or cut bait except at specifically designated places.
C. All vessels are required to have approved marine sanitation devices which shall be operated and maintained in compliance with federal and state laws and regulations pertaining thereto.
D. Debris from vessel repair, oil, fish or human waste shall not be deposited in refuse receptacles.
E. In the event of any waste discharge referenced above or in the event of an oil spill or other petroleum products entering the waters of the Brisbane Marina, the harbormaster shall be immediately notified. The harbormaster is authorized to contract for the cleanup of such spill or discharge, the cost of which is to be paid by the responsible person or vessel owner.
F. Violation of any portion of this section is grounds for immediate termination of any license agreement and expulsion from the marina property.
(Ord. 518 § 9, 2007; Ord. 273 § 1(part), 1981).
18.08.020 Hazardous conditions.
A. Any condition aboard or around a vessel, float, pier or parking area caused by a licensee, which in the opinion of the harbormaster constitutes a fire hazard, health menace or danger to public safety shall be immediately corrected.
B. No part of any vessel including equipment thereto shall extend beyond the end of the slip or over the header float without permission of the harbormaster.
C. Mooring lines shall be of sufficient number and strength to insure that the vessel shall be secure in the highest winds that can reasonably be expected.
D. Use of bicycles, skateboards or similar devices on piers or floats is prohibited.
E. Platforms used for boarding, with the approval of the harbormaster, shall not be over eighteen (18) inches wide, be of open construction and may not be used for storage.
F. Storage on flotation shall be limited to dock boxes.
(Ord. 518 § 10, 2007; Ord. 273 § 1(part), 1981).
18.08.030 Vessel maintenance.
A. Vessel maintenance work shall be limited to that ordinarily required to keep the vessel seaworthy and in good condition. Minor repairs to and routine maintenance of a vessel may be made or accomplished in the assigned berthing space, provided all work is done within the confines of the vessel and not carried on in any manner whatsoever upon the floats or piers.
B. Spray painting is strictly prohibited.
C. Major repairs which include, but are not limited to, construction, repair, or replacement of structural members or portions of the vessel or propulsion system, or scraping or sanding of paint are prohibited when the vessel is in an assigned space.
D. Use of welding equipment, burning torch or other open flame apparatus requires written permission from the harbormaster.
E. Sandblasting is strictly prohibited.
F. All vessels are required to be maintained and in operable condition. The harbormaster may require, on ten (10) days' written notice, a demonstration of the vessel's operability. An inoperable vessel may be expelled from the harbor and the lease terminated.
G. Always follow Brisbane Marina's best management practices, which are available for free in the Marina office.
(Ord. 518 § 11, 2007; Ord. 273 § 1(part), 1981).
18.08.040 Unnecessary disturbances.
A. The owner of the vessel is responsible for his/her crew and guests. No person shall cause loud and/or unnecessary noise which is disturbing to others.
B. Except when on board an owner's vessel, animals shall be on a leash no longer than six (6) feet in length. No animal shall be tethered or tied to or upon public property.
C. All engines must be equipped with approved mufflers.
D. As the berthing area of the Brisbane Marina is closed to the general public, no person shall use, walk or enter vessels, piers, header floats or gangways unless said person is a licensee or authorized guest. The harbormaster may authorize access to piers and header floats.
E. Gates to the berthing area shall be locked at all times. Blocking open or climbing over gates is prohibited.
F. Swimming, bathing, skin diving, wading and movement of vessels for purposes other than entering or leaving the harbor is prohibited within the Brisbane Marina harbor. Cruising within the harbor is prohibited.
G. Digging for bait or other purposes and raking or disturbing the soil surface in any manner is prohibited unless such action is to perform maintenance to public property and has the written approval of the harbormaster.
(Ord. 518 § 12, 2007; Ord. 273 § 1(part), 1981).
18.08.060 Establishment and promulgation of additional rules.
The berthing of vessels and other activities and operations of and in the Brisbane Marina not herein regulated shall be in conformance with reasonable regulations established by resolution of the city council of the city. Such regulations shall be based upon the maintenance within the marina of sanitary and sightly conditions, orderliness, the preservation of public health, safety, peace and welfare, and the convenience of the public in the use of such area for the purpose for which it is established. All licensees shall be given a copy of the ordinance codified in this title and a copy of any additional rules which may be promulgated pursuant to this section. A copy of these documents shall be posted in the harbormaster's office.
(Ord. 518 § 13, 2007: Ord. 273 § 1(part), 1981).
Chapter 18.10 Sections:
18.10.010 Live aboards restricted. * Prior ordinance history: Ord. 273.
18.10.010 Live aboards restricted.
No vessel moored within the Brisbane Marina shall be used as a place of residence except by persons employed by the city to provide security services for the Marina. No person shall use a vessel for overnight lodging more than three (3) nights in a seven (7) day period without the written approval of the harbormaster.
(Ord. 518 § 14, 2007).
Chapter 18.20 Sections:
18.20.010 Fishing restrictions.
18.20.010 Fishing restrictions.
Fishing is permitted only from the pier constructed for such purpose or from vessels berthed in the marina if conducted in such a manner as to not create a hazard to navigation, a nuisance or jeopardize the water quality of the marina.
(Ord. 273 § 1(part), 1981).
Chapter 18.40 Sections:
18.40.010 Solicitation.
18.40.010 Solicitation.
No person shall solicit, sell, hawk or peddle dry goods, wares, merchandise, liquids or edibles for human consumption, literature, erect signs, posters or other advertising media within the Brisbane Marina without written permission of the harbormaster and without first having acquired all applicable permits and licenses from the city.
(Ord. 273 § 1(part), 1981).
Chapter 18.60 Sections:
18.60.010 Parking areas.
18.60.020 Restricted areas.
18.60.010 Parking areas.
Permission must be obtained from the harbormaster prior to parking any vehicle, camper, trailer or vessel in the parking areas within the Brisbane Marina for a period exceeding one hundred twenty (120) consecutive hours. Vehicles, trailers, campers or vessels parked in excess of one hundred twenty (120) consecutive hours without permission will be cited or removed from the Brisbane Marina at owner's expense.
(Ord. 273 § 1(part), 1981).
18.60.020 Restricted areas.
A. Vehicles, campers, trailers or vessels parked in restricted areas, limited parking areas or in driveways will be cited or removed from the Brisbane Marina at the owner's expense.
B. Motor-driven vehicles are prohibited on any path, sidewalk, pier, dock, float, beach or planted area.
C. The use of any vehicle for eating or sleeping for over four (4) hours per day while parked at the Brisbane Marina is prohibited.
(Ord. 273 § 1(part), 1981).
Chapter 18.80 Sections:
18.80.010 Registration.
18.80.020 Documentation and inspection.
18.80.010 Registration.
Every vessel entering the Brisbane Marina must be registered and numbered in accordance with the laws of the state or U.S. Government regulations regarding documented vessels.
(Ord. 273 § 1(part), 1981).
18.80.020 Documentation and inspection.
Owners of vessels entering the Brisbane Marina shall furnish all documents pertaining to the vessel and ownership thereof before any berthing application can be accepted. All vessels shall be personally inspected by the harbormaster prior to being accepted for berthing. Failure to pass inspection shall be reason enough for denying berthing.
(Ord. 273 § 1(part), 1981).
Chapter 18.100 Sections:
18.100.010 Safe operation.
18.100.020 Speed.
18.100.010 Safe operation.
All vessels approaching or within the Brisbane Marina must be operated in a safe and prudent manner.
(Ord. 273 § 1(part), 1981).
18.100.020 Speed.
The speed of any vessel within the Brisbane Marina shall not exceed five (5) mph or at any speed to cause a wake that may cause damage or inconvenience to anyone.
(Ord. 518 § 15, 2007: Ord. 273 § 1(part), 1981).
Chapter 18.110 Sections:
18.110.010 Children.
18.110.020 Visitors.
18.110.010 Children.
It is prohibited for any child under the age of sixteen (16) years to go, remain or be upon any of the piers, gangways, floats or vessels in the Brisbane Marina basin unless said child is accompanied by his parent or other adult person or unless such child has written permission of the owner of a vessel in the marina to go on board the owner's vessel.
(Ord. 273 § 1(part), 1981).
18.110.020 Visitors.
A. All visitors wishing berthing space in the harbor shall check in with the harbormaster prior to being assigned a space.
B. Visitors may stay for up to two (2) consecutive weeks only in any thirty (30) day period where space is available.
(Ord. 283 § 2, 1982; Ord. 273 § 1(part), 1981).
Chapter 18.200 Sections:
18.200.010 Report requirements.
18.200.010 Report requirements.
In addition to any reporting requirements of state or federal governments, all boating accidents involving injury to any person or damage to any public or private property shall be reported in writing to the harbormaster within twenty-four (24) hours of the occurrence of the incident.
(Ord. 273 § 1(part), 1981).
Chapter 18.300 Sections:
18.300.010 Misdemeanor.
18.300.020 Impoundment.
18.300.030 Responsible parties.
18.300.010 Misdemeanor.
A violation of any of the terms or provisions of this title shall constitute a misdemeanor. Any person convicted of a misdemeanor under the provisions of this title shall be punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed twelve (12) months in the county jail, or by both such fine and imprisonment.
(Ord. 518 § 16, 2007: Ord. 273 § 1(part), 1981).
HARBORMASTER
BERTHING
GENERAL REGULATIONS
LIVE ABOARDS*
FISHING
SOLICITATION RESTRICTIONS
PARKING RESTRICTIONS
VESSEL REGISTRATION AND INSPECTION
VESSEL TRAFFIC
CHILDREN AND VISITORS
ACCIDENT REPORTS
PENALTIES