The following words and phrases, whenever used in this chapter,
shall have the meaning set forth in this section.
means a place to tie a vessel within the Berthing Area as
assigned by the city manager.
means the area of the Etenesh Zeleke Public Boat Dock on
which vessels are berthed.
means and includes the daily fee paid by the permittee for
the use of the assigned tie-up cleat.
means and includes the area within the boundaries of the
River Walk Park that is operated by the city of West Sacramento as
a facility for the berthing of vessels.
means and includes any floating platform normally used for
the mooring or securing of vessels.
means the person in whose name a specific tie-up cleat at
the Etenesh Zeleke Public Boat Dock is assigned by the city manager
pursuant to a berthing permit.
has the same meaning as set forth in Harbors and Navigation
Code Section 550(b).
means vessels that are twenty-six feet or longer in length.
means any individual, firm, partnership, joint venture, limited
liability company, association, social club, fraternal organization,
corporation, estate, trust, business trust, receiver, trustee, syndicate,
or any other group or combination acting as a unit.
means and includes any motorized vessel that has an internal
combustion or electric engine powering a water-jet pump or a fully
covered propeller chamber as its primary source of motor propulsion
and that is designed to be operated by a person sitting, standing,
or kneeling on the vessel rather than the conventional manner of sitting
or standing inside the vessel. This term shall include, but not be
limited to, those vessels commonly known as "jet skis," "wet bikes,"
"surf jets" and "sea-doos."
means in good condition, structurally sound, not likely to
sink or become a menace to navigation or a nuisance, and capable of
getting underway and safely maneuvering over the surface of navigable
waters.
means passing through, staying no more than fifteen consecutive
nights.
has the same meaning as set forth in Harbors and Navigation
Code Section 550(a).
(Ord. 21-5 § 6)
A.
The
city manager shall have the authority to promulgate regulations to
effectuate this chapter.
B.
The
city manager may refuse berthing on the Etenesh Zeleke Public Boat
Dock to any vessel that is not seaworthy or that is of inappropriate
size to operate with the Etenesh Zeleke Public Boat Dock, except in
cases of extreme emergency, in which case the owner shall be liable
for any damage caused by such vessel.
C.
Every vessel berthing on the Etenesh Zeleke Public Boat Dock is subject to the direction and order of the city manager. To the extent authorized by law, the city manager may enter upon any vessel berthed on the Etenesh Zeleke Public Boat Dock to make such inspections and to take such actions as may be required to enforce the provisions of this chapter or other applicable provisions within this code, including, but not limited to, Chapter 8.40, 12.16 or 12.20 of this code.
D.
The
city manager may designate where the berthing of vessels is permitted,
prohibited, or restricted and have the authority to order any necessary
signs or other markings to be posted indicating such regulations.
E.
The
city manager may require any vessel to change its berthing location
on the Etenesh Zeleke Public Boat Dock to such other position as may
reasonably be designated.
F.
Should
an emergency occur in which any vessel is in danger of being seriously
damaged, or seriously damaging other boats or any of the Etenesh Zeleke
Public Boat Dock facility, the city manager may take such action as
in the city manager's sole discretion is necessary for the protection
of any property of the city or its permittees. The city manager shall
render a bill for such services to the vessel owner, and such amount
shall become due and payable in the same manner and subject to the
same regulations as berthing permit fees.
(Ord. 21-5 § 6)
Every vessel berthing on the Etenesh Zeleke Public Boat Dock
must be registered and numbered as provided by the laws of the state
of California or any other state or documented under the laws of the
United States. All vessels must remain currently registered by the
state of California or any other state or documented by the United
States to retain a berthing permit. The owner or any person operating
a vessel for which a berthing permit has been issued shall present
the registration or identification card or other evidence of registration
or documentation of the vessel for examination and copying upon request.
(Ord. 21-5 § 6)
A.
Only
non-trailerable vessels may be berthed at a spot marked for a twenty-six
feet or longer vessel at the Etenesh Zeleke Public Boat Dock.
B.
No
person other than permittees, owners of vessels berthed on the Etenesh
Zeleke Public Boat Dock, their invitees, and authorized personnel
of the city, shall go upon any of the floats, gangways or vessels
within the berthing area.
(Ord. 21-5 § 6)
A.
No
person shall berth a vessel at the Etenesh Zeleke Public Boat Dock
without obtaining a berthing permit in accordance with all posted
signage and subject to space availability.
B.
No
vessel shall be berthed at the Etenesh Zeleke Public Boat Dock for
more than fifteen consecutive nights from the date the first berthing
permit is issued.
(Ord. 21-5 § 6)
The berthing permit fees at the Etenesh Zeleke Public Boat Dock
shall be established by resolution of the city council.
(Ord. 21-5 § 6)
The city manager may revoke a berthing permit if the city manager
determines that the permittee has failed to comply with any provisions
of this chapter, or any regulation promulgated thereunder, or any
provision of the permit agreement.
(Ord. 21-5 § 6)
A.
Repairs
to and maintenance of a vessel may be made or accomplished while the
vessel is at its assigned tie-up cleat, provided that all such work
is done within the confines of the vessel itself and is not carried
out on upon the floats or gangways. All materials used in repair or
maintenance work shall be stored within the confines of the vessel
and shall not be kept upon floats or gangways. Any repairs or maintenance
shall be accomplished in such a manner as not to interfere with access
to, or use of, any other vessel. No debris, removed parts or fluids
from repairs and maintenance may be allowed to accumulate on any dock
or enter any waterway.
B.
No
person shall use welding equipment, a burning torch, or any other
open flame apparatus within the confines of the Etenesh Zeleke Public
Boat Dock without written permission from the city manager. If such
permission is given, and welding equipment, burning torch, or any
other open flame apparatus is used, care shall be exercised for the
safety of all vessels and the Etenesh Zeleke Public Boat Dock facility,
and an approved fire extinguisher of the proper type and of sufficient
size shall be readily available. In addition, a water hose attached
to an outlet shall also be available as a standby facility. Any work
requiring the use of welding equipment, a burning torch, or any other
open flame apparatus shall be conducted only in an area designated
by the city manager.
C.
No
person shall spray paint a vessel, equipment, or any other portion
thereof, while on the Etenesh Zeleke Public Boat Dock.
(Ord. 21-5 § 6)
A.
No
person shall perform any work on, or provide any service to, any permittee
or vessel berthed on the Etenesh Zeleke Public Boat Dock for which
such person receives a fee, compensation, or any other thing of value,
unless such person has first complied with the following provisions:
1.
Shown
the city manager proper work authorization from the owner of the vessel;
2.
Shown
the city manager evidence of the issuance of an applicable business
license from the city;
3.
Obtained
permission from the city manager to enter the berthing facility;
4.
Agreed
to perform such service or work in conformance with instructions of
the city manager; and
5.
Shown
a statement from the city manager or designee indicating that said
person has insurance coverage to include:
a.
Workers compensation and employer's liability,
b.
General liability insurance,
c.
Products and completed operation liability,
d.
Broad form property damage liability,
e.
Personal injury liability, and
f.
The minimum amount of the policy shall be established by the city
manager, and the policy shall be endorsed to name the city of West
Sacramento, its officers, employees, and agents as additional insureds.
The policy shall stipulate that it will operate as primary insurance
and that no other insurance by the city or other named insured shall
be called on to contribute to a loss covered thereunder. A ten days'
notice must be given to the city manager prior to cancellation, modification
or reduction of the limits of the policy.
(Ord. 21-5 § 6)
All vessels approaching the Etenesh Zeleke Public Boat Dock shall be operated in a safe and prudent manner and in no event shall the Etenesh Zeleke Public Boat Dock be blocked by general boating activities or fishing. No person shall operate a vessel upon the waters of the Etenesh Zeleke Public Boat Dock in such a manner that the speed thereof creates an unnecessary or excessive wake or interferes with the operation of any other vessel. In no event shall speeds in the vicinity of the Etenesh Zeleke Public Boat Dock exceed the maximum speeds set forth in Section 12.16.025 of this code.
(Ord. 21-5 § 6)
It is unlawful for any child under the age of fifteen years to enter, remain, or be upon any of the floats, gangways, or vessels tie-up cleat on the Etenesh Zeleke Public Boat Dock, unless such child is accompanied by a responsible adult who is authorized to be on the Etenesh Zeleke Public Boat Dock pursuant to Section 12.24.090 of this chapter.
(Ord. 21-5 § 6)
No owner or person in control of any dog or other animal shall
permit the animal to run at large on the Etenesh Zeleke Public Boat
Dock. All animals shall be deemed to be running at large unless: the
animal is led or restrained by a leash, chain, strap, cord, or other
similar device attached to the animal's collar, and which is securely
fastened around the animal; and the leash, chain, strap, cord, or
other similar device is actually held by a person capable of controlling
the animal or made fast to the vessel of the owner or the vessel of
the person in control of the animal. Owners shall be responsible for
all actions of the animal.
(Ord. 21-5 § 6)
A.
No
person shall throw, deposit, discharge, or otherwise place any refuse,
garbage, debris, bait, sewage, or waste matter of any description,
upon or into the floats or waters of the Etenesh Zeleke Public Boat
Dock.
B.
No
person shall throw, deposit, discharge, or otherwise place any oil,
paint, varnish, spirits, coal tar, contaminated bilge water, inflammable
liquid, refuse or residuary produce of coal, petroleum, asphalt, bitumen,
or other carbonaceous material or substance, upon or into the floats
or waters of the Etenesh Zeleke Public Boat Dock.
C.
All garbage shall be deposited in waste receptacles furnished by the city for that purpose. Under no circumstances shall any of the substances described in subsection B above be disposed of in city-furnished waste receptacles.
D.
No
person shall clean fish on the floats or other areas of the Etenesh
Zeleke Public Boat Dock. No person shall place or leave dead animals,
fish, parts of fish, shellfish, bait, or other putrefying matter on
or along the floats, gangways, or marina structures, or throw or deposit
such materials upon or into any waterway.
E.
No
person shall discharge sewage at the Etenesh Zeleke Public Boat Dock.
The city manager shall require owners of vessels which are used for
eating or sleeping purposes to post notices that the toilet facilities
aboard may not be used while the vessel is berthed on the Etenesh
Zeleke Public Boat Dock or is using the waters of the marina, unless
such vessel is equipped with a properly functioning sewage holding
tank and discharge from the toilet facility is made only to the holding
tank.
(Ord. 21-5 § 6)
No person shall use barbecues, hibachis or other similar open
flame devices while berthed on the Etenesh Zeleke Public Boat Dock.
(Ord. 21-5 § 6)
No person shall willfully injure, break, remove, or tamper with
any part of any vessel or any other private or public property on
the Etenesh Zeleke Public Boat Dock, nor shall any person climb into,
or upon, any vessel without the consent of the owner, unless in the
performance of official duties, or to protect life or property.
(Ord. 21-5 § 6)
The owner of a vessel shall assume all liability for damage
or loss of any kind to the owner's property while berthed on the Etenesh
Zeleke Public Boat Dock. The city assumes no risk on account of fire,
theft, act of God, or damage of any nature, from any cause whatever,
to vessels or other property.
(Ord. 21-5 § 6)
A.
It
is unlawful for any person operating a personal watercraft to loiter
within two hundred feet of the Etenesh Zeleke Public Boat Dock, except
as provided below:
1.
Berthing
permittees and their invitees may operate personal watercraft within
two hundred feet of the Etenesh Zeleke Public Boat Dock for the purpose
of departing or returning to their vessel berthed at the Etenesh Zeleke
Public Boat Dock.
2.
Any person other than those described in subsection (A)(1), above, may operate a personal watercraft for the purpose of passing the Etenesh Zeleke Public Boat Dock either upstream or downstream but shall under no circumstances operate their personal watercraft within twenty-five feet of the Etenesh Zeleke Public Boat Dock.
B.
It
is unlawful for any person to operate a personal watercraft between
the Etenesh Zeleke Public Boat Dock and the western shore of the Sacramento
River.
(Ord. 21-5 § 6)
A.
No
person may willfully fail or refuse to comply with any lawful order
of the city manager to remove a vessel from a tie-up cleat on the
Etenesh Zeleke Public Boat Dock.
B.
No
person may willfully fail or refuse to comply with any lawful order
of the city manager to remove a vessel from the Etenesh Zeleke Public
Boat Dock.
C.
If
any person refuses to comply with an order of the city manager, the
city manager may cause any vessel to be so removed and the cost of
such removal shall become due and payable in the same manner and subject
to the same regulations as berthing permit fees in addition to any
other penalty or remedy provided by law.
(Ord. 21-5 § 6)
Any person involved in an activity or collision which causes
damage to any other person, vessel, property, or city facilities on
or associated with the Etenesh Zeleke Public Boat Dock, of any nature
whatsoever, whether such person be at fault, or not, shall fill out
an accident report provided by the city manager within twelve hours
of such incident. The completion of this accident report shall be
in addition to such notices and/or reports required by the laws of
the state.
(Ord. 21-5 § 6)
The city manager or their designee and the West Sacramento Police
Chief or designee shall enforce the provisions of this chapter.
(Ord. 21-5 § 6)
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 § 6)
