The following words and phrases, whenever used in this chapter,
shall have the meaning set forth in this section.
"Berth"
means a place to tie a vessel within the Berthing Area as
assigned by the city manager.
"Berthing area"
means the area of the Etenesh Zeleke Public Boat Dock on
which vessels are berthed.
"Berth permit fee"
means and includes the daily fee paid by the permittee for
the use of the assigned tie-up cleat.
"Etenesh Zeleke Public Boat Dock"
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.
"Float"
means and includes any floating platform normally used for
the mooring or securing of vessels.
"Permittee"
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.
"Marine debris"
has the same meaning as set forth in Harbors and Navigation
Code Section 550(b).
"Person"
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.
"Personal watercraft"
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."
"Seaworthy"
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.
"Transient"
means passing through, staying no more than fifteen consecutive
nights.
"Vessel"
has the same meaning as set forth in Harbors and Navigation
Code Section 550(a).
(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)
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)
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)
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)
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)