[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any person to obstruct the free and easy access to, and departure from, any portion of any public landing, pier, or wharf at any time. It shall be unlawful to obstruct the free and easy use of any designated fairway.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any person to wilfully or carelessly destroy, damage, disturb, deface, or interfere with any buoy, float, life preserver, sign, notice, or any other municipal property under the jurisdiction of the City.
[§ 2, Ord. 519, eff. July 31, 1969; § 1, Ord. 832U, eff. August 16, 1988; § 1, Ord. 845, eff. August 4, 1989; § 1, Ord. 877-92, eff. June 18, 1992; § 1, Ord. 900-93U, eff. November 9, 1993; § 1, Ord. 901-93, eff. December 23, 1993; § 1, Ord. 957-98, eff. October 15, 1998; § 1, Ord. 958-98, eff. November 6, 1998; § 2, Ord. 974-00, eff. March 2, 2000; § 3, Ord. 1039-06, eff. March 23, 2006]
(a) 
It shall be unlawful for any person to throw, discharge, deposit, or leave, or cause, suffer, or procure to be thrown, discharged, deposited, or left either from or out of any vessel or holding tank, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any description into the navigable waters of the City.
(b) 
It shall be unlawful for any person to discharge, or cause, suffer, or procure to be discharged or deposited, material of any kind in any place or on any banks of any navigable waters in the City where such discharged material shall be liable to be washed into the waters of the City either by ordinary or high tides, or by storms, floods, or otherwise.
(c) 
It shall be unlawful for any person to throw, place, or leave any dead animal or putrefying matter into the waters of the City or along the shore thereof.
(d) 
It shall be unlawful for any person to deposit, place, throw or in any manner dispose of any cans, receptacles, bottles, papers, food, animal or vegetable matter, rubbish, trash, garbage, or any decaying or putrid matter, material, or substance which might decay, or which might become injurious to health or which might become a nuisance or offensive to the senses of any person coming in proximity thereto into the waters of the Pacific Ocean or into the Bay of Avalon or upon the beaches of the City, or any portion thereof.
(e) 
It shall be unlawful for any person owning, managing, controlling, operating, navigating or otherwise handling any boat, vessel, ship, or barge to discharge, or cause to be discharged, any ballast water, bilge water or waste water containing or contaminated with any crude petroleum, refined petroleum, engine oil, or oily by-product within the waters of the City unless such ballast water, bilge water or waste water is discharged into suitable and adequate settling basins, tanks, or other receptacles.
(f) 
It shall be unlawful for any person to throw, place, bury, or deposit upon any public or private beach in the City any glass, glassware, crockery, or any bottle, cup, container, plate, or other vessel made of glass, glassware, or crockery, or any other material or substance which would cause, or might reasonably be presumed to cause, injury to patrons of such beaches. None of such materials shall be left on the beach by any person, but the same shall be deposited in receptacles provided by the City for the deposit thereof or shall otherwise be removed from the beach by the owner of such materials.
(g) 
The unauthorized dumping of any kind of material into the waterway, or the throwing overboard, or setting adrift, or permitting to set adrift anything that is, or might become, obstructive or dangerous to navigation is hereby expressly prohibited.
(h) 
In order to enforce the provisions of this section and to safeguard and protect City waters from contamination, the owner and/or person in charge of any boat or vessel entering City waters shall, as condition of entering and/or remaining in City waters, allow City personnel to board the vessel and place dye tablets into the vessel's marine sanitary device, and to perform a test or tests to ensure that the marine sanitary device is in such a condition as to prevent any contaminants from being discharged into City waters. It shall be unlawful for any person to deny City personnel access to a vessel for purposes of placing dye tablets in the marine sanitary device, to refuse or interfere with testing of the marine sanitary device by City personnel, to tamper with or remove while in City waters any dye tablet placed in a marine sanitary device by City personnel, or to place any substance in the marine sanitary device with the intent to interfere with the enforcement of this section. Violation of the provisions of this subsection shall be punishable as a misdemeanor. In addition to the penalties prescribed herein and in subsection (i), the Harbor Master shall have the authority to order any owner or person in charge of any boat or vessel upon which any act or omission specified herein has occurred, to immediately remove such vessel from City waters.
(i) 
In the event that the Harbor Department observes or receives information that any vessel is discharging into City waters any liquid or solid material from or through its marine sanitation device, marine holding tank or related or connected equipment in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (h) of this section, or has tampered with or removed dye tablets placed in the sanitation device, or if the owner or person apparently in charge does not permit or interferes with the placing of dye tablets or performance of any testing of the marine sanitation device by the Harbor Department required by this section, then the Harbor Master or any harbor patrol officer shall locate, if present on the vessel, the owner or person in apparent control or possession of the vessel and present the evidence of discharge, tampering or removal, refusal or interference and offer that person the opportunity to respond to or rebut the evidence. The conference shall be informal. If, after the informal conference, the Harbor Master or harbor patrol officer concludes that the discharge emanated from the subject vessel, or that tampering or removal of the dye tablets has occurred, or that the placing of dye tablets or testing of the marine sanitation device has been refused or interfered with, the Harbor Master or harbor patrol officer shall issue an order barring the vessel and the person owning and/or in possession of the vessel from entering City waters on the subject vessel, and any other vessel under the person's ownership or control. In the case of discharge, the order shall be for a period of one year, effective immediately. In the case of tampering or removal of dye tablets or refusal or interference with the placing of dye tablets or performance of testing, the order shall be for a period of two years, effective immediately. The order shall be made in writing and delivered personally to the subject vessel owner and/or person in apparent control unless actions of the owner or person in control make such delivery impractical or infeasible. Where personal delivery cannot be made, a copy of the order shall be sent by first-class mail, postage prepaid, to the address of the person to whom the vessel is registered. The order may be appealed pursuant to the provisions of § 10-2.217.
(j) 
No person shall discharge from any vessel and it shall be unlawful for any liquid or solid material to be discharged from or through a vessel's marine sanitation device or marine holding tank into City waters in violation of this section, as evidenced by the discharge of dye placed into the facility pursuant to subsection (h) of this section. Violation of § 10-2.503 shall be a strict liability offense.
(k) 
Notwithstanding the provisions of subsections (a) through (j) of this section, no violation of this section shall occur where a vessel mechanic licensed to do business in Avalon Harbor complies with the following requirements: (1) notifies the Avalon Harbor Department of the vessel name, its location and the type of repair requested prior to commencing repairs; (2) notifies the Avalon Harbor Department that the holding tank of the vessel on which he intends to conduct repairs has been pumped out, or provides an explanation of why the tank cannot be pumped out prior to commencing repair work; (3) notifies the Avalon Harbor Department prior to conducting a test flush, at which time a Harbor Deputy shall be sent to the vessel to observe the flush, or if a Harbor Deputy is not available within a reasonable time, the Harbor Department may authorize the mechanic to proceed with the test flush as agent for the Avalon Harbor Department; and (4) notifies the Avalon Harbor Department when all repairs have been completed and the mechanic or vessel owner or other person in charge is present at the vessel while new dye tablets are placed in the head(s) and a test flush is conducted. A discharge which occurs during such repair or tests conducted to confirm the successful completion of the repair shall not result in liability or penalty to the mechanic or vessel owner or other person in charge, provided there is compliance with the foregoing requirements.
[§ 2, Ord. 519, eff. July 31, 1969]
All vessels, portions thereof, timber, or other articles found adrift, sunken, abandoned, or a hazard to navigation, within the waters of the City, and not in the lawful possession or control of some person, shall be immediately delivered to the Harbor Master in whose custody they shall remain until claimed by the proper owner. Such owner shall pay all expenses incurred by the Harbor Master in connection therewith, including a charge for keeping and storing the same. If such vessels, timbers, or other articles are not claimed within 60 days, and the charges are not paid therefor as provided in this section, the Harbor Master may sell such property by giving at least 10 days' previous notice of such sale by one insertion in a newspaper printed and published in the City. Such notice shall describe the property briefly and give the place, hour, and day of the proposed sale.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful to permit vessels, boats, materials, garbage, refuse, or waste matter of any description to remain on the shore lines of the Pacific Ocean or on the shore lines of the waters of the City within its jurisdiction, and any person violating the provisions of this section shall be guilty of a misdemeanor. In addition thereto, the Harbor Master may remove such waste matter with or without notice, at his option, and the expenses of removing the same shall be a charge against the person liable therefor. Any cost of removing the same may be recovered by the City against any guilty person in any court of competent jurisdiction.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any person, as principal, agent, employee, or otherwise, upon any portion of the navigable waters of Avalon Harbor within 1,000 feet of any pier or wharf used by boats or vessels for taking on or discharging passengers, or upon any boat, vessel, ship, float, barge, or other watercraft or structure while within 1,000 feet of any such pier or wharf, to cry out, announce, or proclaim any trip, transportation, service, show, exhibition, announcement, or event for the purpose of commending, announcing, advertising, or calling attention to the same, or for the purpose of soliciting patronage for any business of any kind, or for the sale of any tickets, goods, wares, or merchandise of any kind.
[§ 2, Ord. 519, eff. July 31, 1969]
It shall be unlawful for any person, as principal, agent, employee, or otherwise, upon any portion of the navigable waters of Avalon Harbor within 1,000 feet of any pier or wharf used by boats or vessels for taking on or discharging passengers, or upon any boat, vessel, ship, float, barge, or other watercraft or structure while within 1,000 feet of any such pier or wharf, to blow any whistle, horn, or trumpet, beat any drum, or ring any bell, or to use any amplifier or other instrument for increasing the human voice, or play upon any musical instrument or make any other loud or unusual noise for the purpose of advertising, announcing or calling attention to any trip, transportation, service, show, exhibition, announcement, or event for the purpose of soliciting patronage for any business of any kind, or for the sale of any tickets, goods, wares, or merchandise of any kind.
[§ 2, Ord. 519, eff. July 31, 1969]
No person shall build or extend any privately owned wharf, pier, landing, bulkhead, seawall, or structure, nor make or cause any filling to be made of any description beyond (seaward) the line of mean high tide, nor shall any dredging or excavating be done within the City for the benefit or use of any person unless plans showing the proposed work shall have been submitted to the Council for approval and a permit shall have been issued by the Council authorizing such work prior to its commencement. An inspection fee in the amount of $10 shall be paid upon the issuance of such permit.
[§ 2, Ord. 519, eff. July 31, 1969]
To enable the Harbor Master to keep an accurate record of the number, size, and kind of vessels using the Avalon Harbor, the amount, kind, and value of waterborne freight handled, and the number of passengers carried, the masters and pursers of all vessels using the harbor or wharves are hereby required to furnish the Harbor Master with such information and, if so requested, to permit the Harbor Master to examine their papers, including their manifests.
[§ 2, Ord. 519, eff. July 31, 1969]
All persons conducting or operating vessels or businesses in City waters or on City facilities shall post in a conspicuous place in plain view of the general public a sign setting forth the prices to be charged by such vessel or business.
Such sign shall be posted at a point as near as practicable to the public at the place of business as well as on all vessels operated, chartered, or rented by such person or business.
[§ 1, Ord. 696, eff. March 2, 1981; § 8, Ord. 1036-06, eff. February 16, 2006]
Persons using moorings other than their own and those anchored in City waters shall not cause or permit a vessel which they control or for which they are responsible to be unattended. As used herein, unattended means that the vessel owner or the owner's agent is not aboard the vessel or fails to promptly respond when contacted by the Harbor Master to care for the vessel. Where the Harbor Department is able to reach the owner, it shall be the owner's responsibility to find another person if the owner is not able to promptly respond to the Harbor Department's directive. An owner may designate in writing with the Harbor Department no more than two agents and shall provide contact telephone numbers for each agent. In no event shall the Harbor Department or the City be responsible for damage to the vessel because of the failure to contact the owner or the agent in the event of weather or other conditions.
[§ 1, Ord. 696, eff. March 2, 1981; § 4, Ord. 1036-06, eff. February 16, 2006]
No vessel except those moored in the harbor as a result of bona fide emergency, shall be permitted or maintained on a mooring place or in the anchorage in City waters unless the vessel has the ability to operate in open waters of the Pacific Ocean and back to the mooring or anchorage under its own mechanical power, which power is operational and can be placed and operated in neutral, forward, and reverse. If the vessel is a sailboat, it must have functioning auxiliary power that is capable of propelling and steering the sailboat in a safe manner. If a vessel owner or operator disputes the Harbor Master's determination that the vessel does not comply with this section, the owner or operator may perform a sea trial consisting of maneuvering the vessel out of the harbor and back to the vessel's mooring or anchorage.
[§ 2, Ord. 987-00, eff. October 19, 2000]
Except as otherwise provided herein, no person shall cause or permit any aircraft to take-off from or land on any vessel while such vessel is within City waters. As used herein, "aircraft" shall mean any contrivance now known, or hereafter invented, used or designed for navigation of or flight in the air. This section shall not apply to activities of any Federal, State, County or City agency. A violation of this section shall be punishable as a misdemeanor.
[§ 3, Ord. 1014-03, eff. July 3, 2003; § 3, Ord. 1015-03, eff. July 31, 2003]
It shall be unlawful for any person to secure or permit to be tied to a dinghy dock, float or wharf or to moor or to cause to be moored in the Avalon Harbor a vessel of any kind whatsoever which is unseaworthy, in a deteriorated condition, which is likely to sink, or to damage docks, wharves, floats, or other vessels, or to become a menace to navigation. If the Harbor Master determines that a vessel is so unseaworthy so as to present an immediate danger of serious injury to persons using such vessel or to others, the Harbor Master shall have authority to promptly remove and store such vessel. Where a vessel is determined to be unseaworthy but does not present an immediate danger of serious injury to persons using such vessel or others, the Harbor Master shall provide at least 24 hours' written notice before removing such vessel. The notice of the violation and intent to remove shall be attached to the vessel in a conspicuous place so as to be easily observed by the person in charge of the vessel upon the return of that person, and so as to prevent the notice from being removed by wind. All costs of removal and storage shall be recoverable from the registered owner, operator, rentee, or lessee of such vessel.
[§ 5, Ord. 1036-06, eff. February 16, 2006]
All vessels moored or anchored in city waters shall be sound and properly maintained so as not to create or present a danger to public safety or cause damage to City property or other vessels or persons aboard such vessels. No materials shall be stored or permitted on the vessel which result in noxious odors. Halyards and other equipment shall be secured so as to prevent unnecessary noise. Decks must be kept clear of any clutter, rubbish, debris, or parts and/or equipment relating to the marine environment so as allow clear passage and access by emergency personnel.
[§ 6, Ord. 1036-06, eff. February 16, 2006]
Except as specifically authorized pursuant to a Waterside Permit granted pursuant to this Title, no vessel or floating structure which is moored or anchored in City waters shall be physically connected to any utility lines, including but not limited to sewer, water, electricity, telephone or cable.