It is unlawful for any person to do any of the following within the territorial jurisdiction of the city:
A. 
Dump, throw or discharge any sewage, garbage or any other material defined by any state or federal law as a substance which poses a risk to human health or safety into any waterway.
B. 
Pump or otherwise discharge the content of the bilge of any vessel into any waterway.
C. 
Anchor or moor any vessel on any waterway for more than twelve consecutive hours without an anchorage permit issued pursuant to Section 8.40.030 of this chapter.
D. 
Anchor or moor any vessel that is not seaworthy on any waterway or attach any vessel that is not seaworthy to another vessel that is anchored or moored on any waterway. The seaworthiness of any vessel will be determined by the city and/or the United States Coast Guard.
E. 
Any vessel not in compliance with this section is subject to immediate removal by the city.
(Ord. 21-5 § 2)
The city may issue a notice to relocate to the operator of any vessel that is anchored or moored in any waterway whenever the city determines the vessel is subject to risk of flooding, high water, or other public safety risk. The requirements and procedures related to notices to relocation set forth in Chapter 12.20 of this code are hereby incorporated by reference, including any regulations issued pursuant thereto.
(Ord. 21-5 § 2)
A. 
If any vessel on any waterway is experiencing an emergency, the registered owner or operator of the vessel shall immediately report the situation or condition to the West Sacramento Police Department. The registered owner or operator of the vessel shall be subject to the West Sacramento Police Department's directives and shall immediately move and/or secure the vessel as instructed. It is unlawful for any person to fail or refuse to comply with the West Sacramento Police Department's orders or directions regarding the disposition of the vessel.
B. 
In the event that the owner or operator of a vessel in an emergency situation or condition fails to comply with the directives of the West Sacramento Police Department, the city may secure the vessel at the registered owner's expense.
C. 
Vessels that are in an emergency shall remain anchored, moored, or attached only until the emergency situation or condition has been resolved, but in no event for more than seventy-two hours.
(Ord. 21-5 § 2)
A. 
Anchorage Permits. Operators shall obtain an anchorage permit for any vessel they will anchor within the city for more than twelve consecutive hours. Anchorage permits are valid for up to thirty days from the date they are issued.
B. 
Berthing Permits. Permit requirements applicable to any vessel berthed at the Etenesh Zeleke Public Boat Dock are described in Chapter 12.56 of this code.
C. 
Private Facility Exemption. No permit is required for vessels moored to a pier or dock with permission of the owner of a private pier or dock.
(Ord. 21-5 § 2)
This chapter shall not apply to vessels operated by the United States, the state of California, or any government entity, its agencies, or instrumentalities.
(Ord. 21-5 § 2)
Operators may apply for anchorage permits from the city by visiting the West Sacramento Police Department. Only vessels in compliance with the conditions set forth in Section 8.40.060 of this chapter shall be eligible for a permit.
(Ord. 21-5 § 2)
A. 
Prior to the issuance of an Anchorage Permit, Operators shall meet the following requirements:
1. 
Application. Submit a completed application.
2. 
Permit Fee. Submit complete payment of the Anchorage Permit fee.
3. 
Inspection. Allow the city to inspect the vessel to be anchored or moored.
B. 
Following issuance of a permit, operators shall comply with the following requirements and conditions:
1. 
Permit Posting. Operators shall post their permit in a conspicuous location at all times that the vessel is anchored or moored on any waterway within the city.
2. 
Inspection. Operators shall make the vessel available for inspection by the city upon request and permit the city to insert dye tablets into the vessel's sewage holding tank to monitor for leaks or illegal discharge of sewage.
3. 
Discharge of Sewage. Operators shall discharge sewage at an authorized pump-out station no less frequently than every four days in a manner that complies fully with all applicable regulations.
4. 
Sanitation Log. Operators shall maintain, and submit to the city upon request, a sanitation log documenting compliance with this chapter.
5. 
Attached Vessels. Operators shall not allow their vessel to have more than one additional vessel attached to it while their vessel is anchored or moored on any waterway, except where such additional vessels have a separate permit or are otherwise permitted by law.
6. 
Health, Welfare, and Safety. Vessels shall not pose a hazard to the health, welfare, and safety of its occupants, the occupants of other vessels, or the general public.
(Ord. 21-5 § 2)
The anchorage permit fees shall be established by resolution of the city council.
(Ord. 21-5 § 2)
A. 
The city may immediately revoke a permit upon determining that operator is in violation of the terms this chapter.
B. 
Permit revocation may be appealed pursuant to Chapter 1.08 of this code.
C. 
Nothing contained in this chapter shall limit the city's authority to summarily abate any condition if the city determines that the condition poses an immediate threat to public health or safety.
(Ord. 21-5 § 2)
All violations of the provisions of this chapter punishable as either infractions or misdemeanors as set forth in Chapter 1.12 of this code. In addition, violations of this chapter are declared to be a public nuisance and may be cited and abated pursuant to Title 19 of this code and Chapter 3 of the Harbors and Navigation Code.
(Ord. 21-5 § 2)
A. 
It is unlawful and a public nuisance for any person to operate or berth any vessel that is not seaworthy or unpermitted within the city, unless the vessel is in an emergency:
1. 
Vessels that are in an emergency situation or condition shall only be operated or berthed within the city until the emergency situation/condition ends, but in no event shall the vessel remain berthed within the city for more than seventy-two hours;
2. 
Determinations of seaworthiness shall be made by the city manager.
B. 
Any vessel that is not seaworthy shall be removed from the waters of the city upon the order of the city manager pursuant to the city's nuisance abatement procedures. If the owner of any vessel or the owner's agent refuses to comply with the city manager's order, the refusal shall constitute grounds for revocation of any berthing permit issued by the city manager for berthing the vessel. The city manager may order the vessel removed and stored for a period not to exceed sixty days. Upon the expiration of the sixty day period, the vessel shall be sold at public auction in accordance with the provisions of Article 4 of Chapter 2 of Division 3 of the Harbors and Navigation Code (commencing with Section 500 thereof). The owner of the vessel shall be civilly liable to the city for all costs, fees, damages and expenses incurred by the city in raising, towing, keeping, storing and selling the vessel. All such costs shall be a lien upon the vessel and the proceeds of sale thereof.
C. 
Any vessel that is marine debris, as defined in Harbors and Navigation Code Section 550(b), shall be promptly removed by its owner. The city manager may order marine debris removed pursuant to the provisions of Harbors and Navigation Code Section 551.
D. 
Whenever a vessel is wrecked or sunk near or within proximity to the Etenesh Zeleke Public Boat Dock, accidentally or otherwise, the owner shall immediately mark its position by a buoy or beacon by day, and by an electric light visible for at least one hundred yards by night and maintain such markings until the obstruction is removed. The owner of such a wrecked or sunken vessel shall immediately commence removal of the vessel and prosecute the removal diligently to completion, and the failure to do so shall constitute an abandonment of the vessel and subject the vessel to removal and disposition in accordance with the provisions of Section 12.24.120 of this code. No person shall return a wrecked or sunken vessel to its tie-up cleat on the Etenesh Zeleke Public Boat Dock without the prior approval of the city manager. The owner of a sunken or wrecked vessel shall be liable for any damage which results to city property or other vessels in the marina from the sunken or wrecked vessel or any wrecked property.
(Ord. 21-5 § 2)
As used in this chapter, the following terms shall be defined as follows:
"City"
means the city of West Sacramento, its employees, or any authorized agent.
"City manager"
means the city manager of the city of West Sacramento or designee.
"Emergency"
means a local emergency as defined in Government Code Section 8558(c); emergency shall further mean any other circumstance posing a hazard or distress to a vessel or its occupants as determined by the operator or the city.
"Operator"
means the person in command of a vessel; the operator may be the registered owner, or anyone authorized to be in command of a vessel by its registered owner.
"Permit"
means a permit issued by the city in accordance with Chapter 8.40 of this code authorizing a vessel to be anchored or moored on any waterway.
"Registered owner"
means the individual or legal entity whose name appears on a vessel's registration documentation.
"Vessel"
has the same meaning as set forth in Harbors and Navigation Code Section 550(a).
(Ord. 21-5 § 2)